Crimes (Aircraft) Amendment Act 1979

No. 129 of 1979

An Act to amend the Crimes (Aircraft) Act 1963.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Crimes (Aircraft) Amendment Act 1979.

(2) The Crimes (Aircraft) Act 19632 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Title

3. The title of the Principal Act is repealed and the following title substituted:

“An Act to make provision with respect to crimes committed in respect of certain aircraft and certain aerodromes and air navigation facilities, and for other purposes.”.

4. After Part III of the Principal Act the following Part is inserted:

“PART IIIa—CRIMES AFFECTING CERTAIN AERODROMES AND AIR NAVIGATION FACILITIES

Interpretation

“20a. In this Part, unless the contrary intention appears—

‘Commonwealth aerodrome’ means an area of land or water in Australia that is owned by the Commonwealth and used, or intended for use, either wholly or in part, for, or in connection with, the arrival, departure or other movement of aircraft, and includes any building or other structure, or installation or equipment, in that area that is provided for use in connection with the operation of that area as an aerodrome;

‘Commonwealth air navigation facilities’ means buildings or other structures, or installations or equipment, at any place in Australia that are, or is, provided by the Commonwealth for use in connection with the navigation of aircraft, but does not include any building or other structure, or installation or equipment, in the area of a Commonwealth aerodrome.

Endangering safety of aerodrome, &c.

“20b. A person shall not do any act or thing that, to his knowledge, is likely to endanger the safety of—

(a) a Commonwealth aerodrome or any part of a Commonwealth aerodrome or any Commonwealth air navigation facilities; or

(b) any persons who are, or may be, within the limits of a Commonwealth aerodrome or any Commonwealth air navigation facilities.

Penalty: Imprisonment for 7 years.

Threats and false statements

“20c. (1) A person shall not threaten, state that it is his intention or make a statement from which it could reasonably be inferred that it is his intention—

(a) to destroy, damage or endanger the safety of a Commonwealth aerodrome or any part of a Commonwealth aerodrome or any Commonwealth air navigation facilities; or

(b) to kill or injure any persons who are, or may be, within the limits of a Commonwealth aerodrome or any Commonwealth air navigation facilities.

“(2) A person shall not make a statement or convey information, being a statement or information that he knows to be false, to the effect, or from which it could reasonably be inferred, that there has been, is or is to be a plan, proposal, attempt, conspiracy or threat—

(a) to take or exercise control, by force or violence, of a Commonwealth aerodrome or a part of a Commonwealth aerodrome or any Commonwealth air navigation facilities;

(b) to destroy, damage or endanger the safety of a Commonwealth aerodrome or any part of a Commonwealth aerodrome or any Commonwealth air navigation facilities; or

(c) to kill or injure any persons who are, or may be, within the limits of a Commonwealth aerodrome or any Commonwealth air navigation facilities.

Penalty: Imprisonment for 2 years.”.

Power to search aircraft, &c.

5. Section 26 of the Principal Act is amended—

(a) by omitting from sub-section (1) “any person authorized in writing for the purposes of this section by the Minister of State for Civil Aviation” and substituting “an authorized person”;

(b) by inserting after sub-section (1) the following sub-section:

“(1a) If an authorized person reasonably suspects that an offence against Part IIIa has been, is being or may be committed in respect of a Commonwealth aerodrome, or Commonwealth air navigation facilities, within the meaning of that Part, he may, with such assistance as is necessary, search or cause to be searched—

(a) any person, luggage, freight or vehicle found within the limits, or in the vicinity, of that aerodrome or those facilities; or

(b) any area in the vicinity of that aerodrome or those facilities.”;

(d) by adding at the end thereof the following sub-section:

“(3) In this section, ‘authorized person’ means a person authorized in writing for the purposes of this section by the Minister of State for Transport.”.

Formal amendments

6. The Principal Act is amended as set out in the Schedule.

————

SCHEDULE Section 6

FORMAL AMENDMENTS

1. The following provisions of the Principal Act are amended by omitting any number expressed in words that is used to identify a section of the Principal Act, or of another Act, and substituting that number expressed in figures:

Sections 20 and 22(2).

2. The following provisions of the Principal Act are amended by omitting “of this Act”, “of this section” and “of this paragraph” (wherever occurring):

Sections 3(2)(b), 20, 24(6), 25 and 29(1)(b).

3. The Principal Act is further amended by omitting from section 26(1) “of this Act” (wherever occurring).