prescribed court means a court of the Australian Capital Territory exercising jurisdiction in or in relation to the Jervis Bay Territory.

(1)

If:

(a)

a person is being tried in a State or Territory court for an offence against this Act committed on an aircraft in flight; and

(b)

the act constituting the offence, or any part of the offence, is proved;

it must be presumed, in the absence of evidence to the contrary, that the act took place in that State or Territory.

(2)

If the information, complaint or indictment relating to an offence against this Act committed on an aircraft in flight specifies the flight in which the aircraft was engaged, it need not also specify the part of Australia, or other place, where the offence was committed.

(1)

Where, after an indictment for an offence against this Act committed on an aircraft in flight is presented in a State or Territory court, and before a verdict is given:

(a)

the defendant objects to the trial on the ground that the offence, if committed, was committed in another part of Australia; and

(b)

the court is satisfied that the offence, if committed, was committed in that other part of Australia;

the court must immediately make the following orders:

(c)

that the proceedings on the indictment be discontinued;

(d)

if a jury is empanelled—that the jury be discharged;

(e)

that the defendant appear before a specified court of the first-mentioned State or Territory at a specified time to be dealt with in accordance with this section.

(2)

The court must not specify a time, for the purposes of paragraph (1)(e), that is later than 28 days after the day on which the order is made.

(3)

Where a court makes an order under subsection (1), it may also:

(a)

order that the defendant be kept in the custody specified in the order; or

(b)

admit the defendant to bail on such recognizances as it thinks fit.

(4)

If, before the time when the defendant is to appear before a court, the Attorney-General or the Director of Public Prosecutions notifies that court that an indictment will not be filed against the defendant in a court of another part of Australia, the notified court must, as soon as practicable after it is notified, make an order:

(a)

discharging the defendant from the obligation to appear before that court at that time; and

(b)

if the defendant is in custody—directing that the defendant be released; and

(c)

if the defendant has been admitted to bail—directing that the relevant recognizances be discharged.

(5)

If, at or before the time when the defendant is to appear before a court, the Attorney-General or the Director of Public Prosecutions notifies that court that an indictment has been filed against the defendant in a court of another part of Australia, the notified court must make an order directing:

(a)

that the defendant be taken, as soon as practicable and in the custody of such person as it directs, to the part of Australia where the indictment was filed; and

(b)

that the defendant there be delivered to the custody of a person who has authority to arrest the defendant;

and may make such other orders as it thinks necessary for carrying out that order.

(6)

An order under subsection (5) must be made:

(a)

if the defendant is in custody—immediately after the court is notified under that subsection; and

(b)

in any other case—as soon as practicable after the time when the defendant is required to appear before the court.

(7)

If:

(a)

the court before which the defendant is to appear is not notified by the Attorney-General or the Director of Public Prosecutions under subsection (4) or (5); and

(b)

the defendant is held in custody;

the court must, at the time when the defendant is required to appear before it, make an order directing that the defendant be released.

(8)

Where an order has been made under paragraph (1)(c) in relation to an indictment, the proceedings on the indictment, and the order, do not prevent or prejudice any other indictment or any information against the defendant on the same charge or any other charge.

(9)

The jurisdiction of a court under subsections (1) and (3) may be exercised by the court constituted by a single judge.

(10)

The jurisdiction of a court under subsection (4), (5) or (7) may be exercised by the court constituted by a single judge or magistrate.

(1)

If, in relation to a Division 2 aircraft or a Division 3 aircraft, the person in command of the aircraft, or an authorised person, reasonably suspects that an offence against Division 2 or 3 of Part 2 has been, is being or may be committed on board, or in relation to, the aircraft, he or she may, with such assistance as is reasonably necessary, search or cause to be searched:

(a)

the aircraft and any person, luggage or freight on board; and

(b)

in the case of a Division 3 aircraft that is not engaged in a flight—any person who is about to board the aircraft and any luggage or freight that is about to be placed on board.

(2)

If an authorised person reasonably suspects that an offence against Division 5 of Part 2 has been, is being or may be committed in respect of a Commonwealth aerodrome, or Commonwealth air navigation facilities, he or she may, with such assistance as is reasonably necessary, search or cause to be searched:

(a)

any person, luggage, freight or vehicle found within the limits, or in the vicinity, of the aerodrome or facilities; or

(b)

any area in the vicinity of the aerodrome or facilities.

(3)

A person may only be searched under this section by someone who is of the same sex.

(1)

Subject to this section, this Act does not exclude or limit the operation of any other law of the Commonwealth, or of a State or Territory.

(2)

If:

(a)

a person's act or omission is both an offence against this Act and an offence against another Act or against a law of a State or Territory; and

(b)

the person is convicted of either of those offences;

the person cannot also be convicted of the other offence.

(3)

If a person has been convicted of an offence in respect of an act or omission under the law of a foreign country, the person cannot also be convicted of an offence against this Act in respect of that act or omission.

(1)

The Governor-General may:

(a)

arrange with the Governor of a State for the performance of the functions of a magistrate under this Act by all or any of the persons who from time to time hold office as magistrates of that State; or

(b)

arrange with the Administrator of the Northern Territory or of Norfolk Island for the performance of the functions of a magistrate under this Act by all or any of the persons who from time to time hold office as magistrates of the Northern Territory or of Norfolk Island, as the case may be.

(2)

The Minister may arrange with the Chief Minister for the Australian Capital Territory for the performance of the functions of a magistrate under this Act by all or any of the persons who from time to time hold office as magistrates of that Territory.

(3)

A copy of each arrangement under this section must be published in the Gazette.

(1)

The Governor-General may make regulations, not inconsistent with this Act, prescribing matters:

(a)

required or permitted by this Act to be prescribed; or

(b)

necessary or convenient for carrying out or giving effect to this Act or to the Hague Convention, the Montreal Convention, the Tokyo Convention or the Protocol;

and, in particular, may make regulations:

(c)

about the summoning of witnesses, the production of documents, the taking of evidence on oath or affirmation and the payment of witnesses' expenses in proceedings before magistrates under this Act; and

(d)

about any other matter of practice or procedure in connection with such proceedings; and

(e)

about the protection and immunity of magistrates, legal practitioners and witnesses in connection with such proceedings; and

(f)

imposing pecuniary penalties of not more than $500, for offences against the regulations; and

(g)

making such transitional and savings provisions as are necessary or convenient as a result of the repeal of all or any of the repealed Acts and the enactment of this Act.

(2)

Despite section 53, regulations made under paragraph (1)(g) may provide for the continued operation of specified provisions of any of the repealed Acts in relation to prescribed persons or matters, or in prescribed circumstances.

The following Acts are repealed:

(a)

the Civil Aviation (Offenders on International Aircraft) Act 1970;

(b)

the Crimes (Aircraft) Act 1963;

(c)

the Crimes (Hijacking of Aircraft) Act 1972;

(d)

the Crimes (Protection of Aircraft) Act 1973.

(1)

A person who, immediately before the commencing day, was an authorised person for the purposes of a provision of the Civil Aviation (Offenders on International Aircraft) Act 1970, the Crimes (Hijacking of Aircraft) Act 1972 or the Crimes (Protection of Aircraft) Act 1973, is, on and after that day, taken to be an authorised person for the purposes of the corresponding provision of this Act unless and until the Minister, by written instrument, determines otherwise.

(2)

A person who, immediately before the commencing day, was an authorised person for the purposes of section 26 of the Crimes (Aircraft) Act 1963 is, on and after that day, taken to be appointed to be an authorised person for the purposes of section 49 of this Act.

(3)

A notice published in the Gazette under section 19 of the Civil Aviation (Offenders on International Aircraft) Act 1970, section 25 of the Crimes (Hijacking of Aircraft) Act 1972, or section 22 of the Crimes (Protection of Aircraft) Act 1973, and in force immediately before the commencing day, continues to have effect on and after that day as if it were a notice published in the Gazette under section 43 of this Act.

(4)

Subject to section 31 and the regulations, where, before the commencing day, a person had been arrested, taken into custody or remanded in custody, or was being held in custody, under a provision of the Civil Aviation (Offenders on International Aircraft) Act 1970, the Crimes (Hijacking of Aircraft) Act 1972 or the Crimes (Protection of Aircraft) Act 1973, that Act continues to apply in relation to the person on and after that day as if it had not been repealed.

Section 3

(a)

unlawfully, by force or threat thereof, or by any other form of intimidation, seizes, or exercises control of, that aircraft, or attempts to perform any such act, or

(b)

is an accomplice of a person who performs or attempts to perform any such act,

commits an offence (hereinafter referred to as "the offence").

(a)

when the offence is committed on board an aircraft registered in that State;

(b)

when the aircraft on board which the offence is committed lands in its territory with the alleged offender still on board;

(c)

when the offence is committed on board an aircraft leased without crew to a lessee who has his principal place of business or, if the lessee has no such place of business, his permanent residence, in that State.

2. Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offence in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to any of the States mentioned in paragraph 1 of this Article.
3. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.

(a) the circumstances of the offence;

(b) the action taken pursuant to Article 9;

(c) the measures taken in relation to the offender or the alleged offender, and, in particular, the results of any extradition proceedings or other legal proceedings.

Section 3

THE STATES PARTIES TO THIS CONVENTION
CONSIDERING that unlawful acts against the safety of civil aviation jeopardize the safety of persons and property, seriously affect the operation of air services, and undermine the confidence of the peoples of the world in the safety of civil aviation;
CONSIDERING that the occurrence of such acts is a matter of grave concern;
CONSIDERING that, for the purpose of deterring such acts, there is an urgent need to provide appropriate measures for punishment of offenders;
HAVE AGREED AS FOLLOWS:

(a)

performs an act of violence against a person on board an aircraft in flight if that act is likely to endanger the safety of that aircraft; or

(b)

destroys an aircraft in service or causes damage to such an aircraft which renders it incapable of flight or which is likely to endanger its safety in flight; or

(c)

places or causes to be placed on an aircraft in service, by any means whatsoever, a device or substance which is likely to destroy that aircraft, or to cause damage to it which renders it incapable of flight, or to cause damage to it which is likely to endanger its safety in flight; or

(d)

destroys or damages air navigation facilities or interferes with their operation, if any such act is likely to endanger the safety of aircraft in flight; or

(e)

communicates information which he knows to be false, thereby endangering the safety of an aircraft in flight.

2. Any person also commits an offence if he:

(a)

attempts to commit any of the offences mentioned in paragraph 1 of this Article; or

(b)

is an accomplice of a person who commits or attempts to commit any such offence.

(a)

an aircraft is considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation; in the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board;

(b)

an aircraft is considered to be in service from the beginning of the preflight preparation of the aircraft by ground personnel or by the crew for a specific flight until twenty-four hours after any landing; the period of service shall, in any event, extend for the entire period during which the aircraft is in flight as defined in paragraph (a) of this Article.

(a)

the place of take-off or landing, actual or intended, of the aircraft is situated outside the territory of the State of registration of that aircraft; or

(b)

the offence is committed in the territory of a State other than the State of registration of the aircraft.

3. Notwithstanding paragraph 2 of this Article, in the cases contemplated in subparagraphs (a), (b), (c) and (e) of paragraph 1 of Article 1, this Convention shall also apply if the offender or the alleged offender is found in the territory of a State other than the State of registration of the aircraft.
4. With respect to the States mentioned in Article 9 and in the cases mentioned in subparagraphs (a), (b), (c) and (e) of paragraph 1 of Article 1, this Convention shall not apply if the places referred to in subparagraph (a) of paragraph 2 of this Article are situated within the territory of the same State where that State is one of those referred to in Article 9, unless the offence is committed or the offender or alleged offender is found in the territory of a State other than that State.
5. In the cases contemplated in subparagraph (d) of paragraph 1 of Article 1, this Convention shall apply only if the air navigation facilities are used in international air navigation.
6. The provisions of paragraphs 2, 3, 4 and 5 of this Article shall also apply in the cases contemplated in paragraph 2 of Article 1.

(a)

when the offence is committed in the territory of that State;

(b)

when the offence is committed against or on board an aircraft registered in that State;

(c)

when the aircraft on board which the offence is committed lands in its territory with the alleged offender still on board;

(d)

when the offence is committed against or on board an aircraft leased without crew to a lessee who has his principal place of business or, if the lessee has no such place of business, his permanent residence, in that State.

2. Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offences mentioned in Article 1, paragraph 1(a), (b) and (c), and in Article 1, paragraph 2, in so far as that paragraph relates to those offences, in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to any of the States mentioned in paragraph 1 of this Article.
3. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.

(a)

the circumstances of the offence;

(b)

the action taken pursuant to Article 10, paragraph 2;

(c)

the measures taken in relation to the offender or the alleged offender and, in particular, the results of any extradition proceedings or other legal proceedings.

Section 3

(a)

performs an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; or

(b)

destroys or seriously damages the facilities of an airport serving international civil aviation or aircraft not in service located thereon or disrupts the services of the airport,

if such an act endangers or is likely to endanger safety at that airport."
2. In paragraph 2(a) of Article 1 of the Convention, the following words shall be inserted after the words "paragraph 1" :
"or paragraph 1 bis".

(a)

of the date of each signature and the date of deposit of each instrument of ratification of, or accession to, this Protocol, and

(b)

of the receipt of any notification of denunciation of this Protocol and the date thereof.

2. The Depositaries shall also notify the States referred to in paragraph 1 of the date on which this Protocol enters into force in accordance with Article VI.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their Governments, have signed this Protocol.
DONE at Montreal on the twenty-fourth day of February of the year One Thousand Nine Hundred and Eighty-eight, in four originals, each being drawn up in four authentic texts in the English, French, Russian and Spanish languages.

Section 3

THE STATES Parties to this Convention
HAVE AGREED as follows:

(a)

offences against penal law;

(b)

acts which, whether or not they are offences, may or do jeopardize the safety of the aircraft or of persons or property therein or which jeopardize good order and discipline on board.

2. Except as provided in Chapter III, this Convention shall apply in respect of offences committed or acts done by a person on board any aircraft registered in a Contracting State, while that aircraft is in flight or on the surface of the high seas or of any other area outside the territory of any State.
3. For the purposes of this Convention, an aircraft is considered to be in flight from the moment when power is applied for the purpose of take-off until the moment when the landing run ends.
4. This Convention shall not apply to aircraft used in military, customs or police services.

(a)

the offence has effect on the territory of such State;

(b)

the offence has been committed by or against a national or permanent resident of such State;

(c)

the offence is against the security of such State;

(d)

the offence consists of a breach of any rules or regulations relating to the flight or manoeuvre of aircraft in force in such State;

(e)

the exercise of jurisdiction is necessary to ensure the observance of any obligation of such State under a multilateral international agreement.

(a)

to protect the safety of the aircraft, or of persons or property therein; or

(b)

to maintain good order and discipline on board; or

(c)

to enable him to deliver such person to competent authorities or to disembark him in accordance with the provisions of this Chapter.

2. The aircraft commander may require or authorize the assistance of other crew members and may request or authorize, but not require, the assistance of passengers to restrain any person whom he is entitled to restrain. Any crew member or passenger may also take reasonable preventive measures without such authorization when he has reasonable grounds to believe that such action is immediately necessary to protect the safety of the aircraft, or of persons or property therein.

(a)

such point is in the territory of a non-Contracting State and its authorities refuse to permit disembarkation of that person or those measures have been imposed in accordance with Article 6, paragraph 1(c) in order to enable his delivery to competent authorities;

(b)

the aircraft makes a forced landing and the aircraft commander is unable to deliver that person to competent authorities; or

(c)

that person agrees to onward carriage under restraint.

2. The aircraft commander shall as soon as practicable, and if possible before landing in the territory of a State with a person on board who has been placed under restraint in accordance with the provisions of Article 6, notify the authorities of such State of the fact that a person on board is under restraint and of the reasons for such restraint.

(a)

of any signature of this Convention and the date thereof;

(b)

of the deposit of any instrument of ratification or accession and the date thereof;

(c)

of the date on which this Convention comes into force in accordance with Article 21, paragraph 1;

(d)

of the receipt of any notification of denunciation and the date thereof; and

(e)

of the receipt of any declaration or notification made under Article 24 and the date thereof.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, having been duly authorized, have signed this Convention.
DONE at Tokyo on the fourteenth day of September One thousand Nine Hundred and Sixty-three in three authentic texts drawn up in the English, French and Spanish languages.
This Convention shall be deposited with the International Civil Aviation Organization with which, in accordance with Article 19, it shall remain open for signature and the said Organization shall send certified copies thereof to all States Members of the United Nations or of any Specialized Agency.

Note:
The amendments made by this Schedule are incorporated in the compilations on SCALEplus.

Australian Protective Service Act 1987 [repealed by Act No.64, 2004, Sch. 2 (item 2)]
Australian Security Intelligence Organization Act 1979
Extradition Act 1988

For access to the wording of the amendments made by this Schedule, see Act No. 139, 1991.

Note 1

The Crimes (Aviation Act) 1991 as shown in this compilation comprises Act No. 139, 1991 amended as indicated in the Tables below.
All relevant information pertaining to application, saving or transitional provisions prior to 7 March 2000 is not included in this compilation. For subsequent information see Table A.

Table of Acts

(a)

(2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.
(3) A Proclamation may fix a day that is earlier than the day on which the Proclamation is published in the Gazette but only if:

(a) in the case of sections 30, 31, 35, 37, 39, 43 and 50 and Parts 1 and 2 of the Schedule—the day is not earlier than the substantial minority sale day; and
(c) in the case of sections 25, 36, 38, 44 and 51 and Parts 5, 6 and 7 of the Schedule—the day is not earlier than the 100% sale day.

(b) The Qantas Sale Act 1992 was amended by section 3 (item 17) only of the Qantas Sale Amendment Act 1994, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(c) The Crimes (Aviation) Act 1991 was amended by section 31 only of the Crimes and Other Legislation Amendment Act 1994, subsections 2(4) and (5) of which provide as follows:

(4) The amendments made by this Act to the Australian Federal Police Act 1979, the Crimes (Aviation) Act 1991 (other than the amendment made to Schedule 5 to that Act), the Crimes (Hostages) Act 1989, the Crimes (Internationally Protected Persons) Act 1976, the Crimes (Overseas) Act 1964, the Crimes (Superannuation Benefits) Act 1989, the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990, the Customs Act 1901, the Director of Public Prosecutions Act 1983, the Extradition Act 1988, the Financial Transaction Reports Act 1988 and to sections 23 and 59 of the Proceeds of Crime Act 1987 commence on the 28th day after the day on which this Act receives the Royal Assent.

The date of commencement for 2(4) was 16 January 1995.

(5) The amendment made by this Act to Schedule 5 to the Crimes (Aviation) Act 1991 is taken to have commenced on 16 March 1992 immediately after the commencement of that Act.

(d) The Crimes (Aviation) Act 1991 was amended by the Transport Legislation Amendment Act (No. 2) 1995, subsection 2(2) of which provides as follows:

(2) The items in the Schedule (other than items 23 and 30) commence on a day or days to be fixed by Proclamation.

(e) The Crimes (Aviation) Act 1991 was amended by Schedule 1 (items 349-351) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.

(f) The Crimes (Aviation) Act 1991 was amended by Schedule 11 only of the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001, subsection 2(1)(a) of which provides as follows:

(1) Subject to this section, this Act commences at the later of the following times:

(a) immediately after the commencement of item 15 of Schedule 1 to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000;

Item 15 commenced on 24 May 2001.
(g) Subsection 2(1) (item 11) of the Security Legislation Amendment (Terrorism) Act 2002 provides as follows:

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

(h)

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

Aviation Transport Security (Consequential Amendments and Transitional Provisions) Act 2004 (No. 9, 2004)

The following amendment commences on 10 March 2005 unless proclaimed earlier:

3 Paragraph 23(2)(b)

After "Air Navigation Act 1920 or regulations made under that Act,", insert ", the Aviation Transport Security Act 2004 or regulations made under that Act, or".

As at 28 September 2004 the amendment is not incorporated in this compilation.

Table A

Application, saving or transitional provisions

Australian Federal Police Legislation Amendment Act 2000
(No. 9, 2000)

Schedule 3
20 Definition

In this Part:
commencing time means the time when this Part commences.

34 Warrants or writs etc. may continue to be executed

If, immediately before the commencing time, any warrant, writ, order, permission or other instrument (the authority) issued under a law of the Commonwealth, a State or a Territory could be executed by a person who was at that time a member, staff member or special member of the Australian Federal Police, the authority continues to be able to be executed at and after the commencing time by the person in his or her capacity as:

(a)

the Commissioner of the Australian Federal Police; or

(b)

a Deputy Commissioner of the Australian Federal Police; or

(c)

an AFP employee; or

(d)

a special member of the Australian Federal Police;

(all within the meaning of the Australian Federal Police Act 1979 as in force at and after the commencing time).

Note: A person who is a member or staff member of the Australian Federal Police immediately before the commencing time is taken to be engaged as an AFP employee. Similarly, a person who is a special member of the Australian Federal Police immediately before the commencing time is taken to be appointed as a special member. See item 2 of this Schedule.

35 Regulations dealing with matters of a transitional or saving nature

(1) The Governor-General may make regulations, not inconsistent with any other provision of this Schedule, prescribing matters of a transitional or saving nature in relation to the amendments made by Schedule 1 or 2.
(2) Regulations made under this item within one year after the commencement of this item may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this item.

Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 (No. 24, 2001)

(1)

Subject to subsection (3), each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

(2)

For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.

Aviation Transport Security (Consequential Amendments and Transitional Provisions) Act 2004 (No. 9, 2004)

The following provisions commence on 10 March 2005 unless proclaimed earlier:

Schedule 3
1 Regulations

(1) The Governor-General may make regulations prescribing matters:

(a)

required or permitted by this Act to be prescribed; or

(b)

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) In particular, regulations may be made:

(a)

providing for regulations made for the purposes of particular provisions of the old Act to continue to have effect (with any prescribed alterations) for the purposes of the new Act; and

(b)

providing for aviation security programs approved under the old Act to continue to be taken to be in force (with any prescribed alterations and for such time as is prescribed) as transport security programs under the new Act; and

(c)

for other transitional measures in relation to the transition from the old Act to the new Act.

(3) In this item:

new Act means the Aviation Transport Security Act 2004.
old Act means the Air Navigation Act 1920 as in force immediately before the commencement of this item.

2 Aviation security program continuation

Subsection 15(2) (which deals with the obligation for aviation industry participants to comply with the transport security programs of other participants) of the Aviation Transport Security Act 2004 does not apply in relation to a program continued as a transport security program under paragraph 1(2)(b) of this Schedule.