Crimes (Protection of Aircraft) Regulations

Overview

The Crimes (Protection of Aircraft) Regulations 1991, made under the authority of the Crimes (Protection of Aircraft) Act 1973, were enacted to address the gap in Australian law in relation to the protection of aircraft and airport facilities serving international civil aviation. This legislation was developed in response to Australia's obligations under the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation. These international agreements require member countries to criminalise acts of violence against people at airports serving international civil aviation or the destruction or serious damage of facilities at these airports. The 1991 Amendment Act modified the original Act to introduce new offences applicable at "prescribed airports", with the specific airports to be determined through Regulations. The Regulations identify Australian airports that serve international civil aviation, ensuring compliance with the Protocol's stipulations, while foreign airports serving international civil aviation are prescribed according to the terms of the Protocol itself.

Scope and Application

The Crimes (Protection of Aircraft) Regulations 1991 establish the parameters for the application of specific offences under the Crimes (Protection of Aircraft) Act 1973, which was enacted to meet Australia's commitments under international conventions concerning the safety of civil aviation. The Regulations delineate the airports within Australia where these offences, which include acts of violence against people and damage to facilities, are applicable. These prescribed airports are those that serve international civil aviation, excluding those that only intermittently provide such services. This distinction ensures that the provisions of the Act and its subsequent regulations align with the intent of the international protocols by targeting only those airports that are regularly used for international flights. The scope of the Regulations extends to both Australian and foreign airports, with Australian airports being specifically listed and foreign airports being identified according to the terms set out in the relevant international agreements. The application of the Act is thus carefully tailored to address the specific threats identified by these international conventions, ensuring that Australia's legislative measures are both effective and proportionate.

Key Provisions

The primary provisions of the Crimes (Protection of Aircraft) Regulations 1991 (No. 217) (the Regulations) are outlined in section 3, which specifies the airports within Australia where the offences under section 7 of the Crimes (Protection of Aircraft) Act 1973 (the Act) are applicable. These offences are intended to align with Australia’s obligations under the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation. The Regulations detail the Australian airports that serve international civil aviation and may be used by aircraft engaged in such activities, ensuring the law applies effectively to maintain the safety and security of these airports. Additionally, section 3 also addresses foreign airports serving international civil aviation, in accordance with the terms outlined in the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation. The Regulations impose several obligations on the parties and entities they govern. Firstly, they require adherence to the Act’s provisions by ensuring that any acts of violence against people, or destruction or serious damage to facilities, at the specified airports are treated as criminal offences. This requirement extends to both Australian and foreign airports serving international civil aviation. Additionally, the Regulations necessitate that authorities maintain updated lists of applicable airports, ensuring that the list reflects current international civil aviation practices and any changes in airport usage. This includes the continuous evaluation and updating of the airport list to ensure compliance with international standards and obligations. Failure to comply with the provisions of the Act and the Regulations can result in severe consequences. Under section 7 of the Act, any person found guilty of committing the specified offences at a prescribed airport can face criminal charges. The potential penalties for these offences include imprisonment, reflecting the seriousness with which the Australian government regards the safety and security of international civil aviation. Furthermore, the Act and Regulations may also provide avenues for civil action, where appropriate, allowing for compensation for damages caused by the unlawful acts. The gravity of these penalties underscores the importance of adhering to the legal framework established to protect airports serving international civil aviation.