Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) the person uses a substance or thing to commit an act of violence against anyone at a prescribed airport; and
(b) that act:
(i) causes or is likely to cause serious injury or death; and
(ii) endangers, or is likely to endanger, the safe operation of the airport or the safety of anyone at the airport; and
(c) the Montreal Convention, when read together with the Protocol, requires Australia to make the act punishable; and
(d) Article 5 of that Convention, when so read, requires Australia to establish its jurisdiction over the offence.
Penalty: Imprisonment for 20 years .
(2) A person commits an offence if:
(a) the person does any of the following things:
(i) destroys or seriously damages the facilities of a prescribed airport;
(ii) destroys or seriously damages any aircraft not in service that is at a prescribed airport;
(iii) disrupts the services of a prescribed airport; and
(b) doing so endangers, or is likely to endanger, the safe operation of the airport or the safety of anyone at the airport; and
(c) either of the following applies:
(i) the Montreal Convention, when read together with the Protocol, requires Australia to make the act concerned punishable;
(ii) if the act concerned relates to an aircraft--the aircraft is in Australia, or is a Commonwealth aircraft or a defence aircraft, or the act is committed by an Australian citizen, whether in Australia or not.
Penalty: Imprisonment for 14 years .
(2A) For the purposes of an offence against subsection ( 1) or (2), absolute liability applies to the physical element of circumstance of the offence, that the airport is a prescribed airport.
Note: For absolute liability , see section 6.2 of the Criminal Code .
(2B) Absolute liability applies to paragraphs ( 1)(c) and (d) and paragraph ( 2)(c).
Note: For absolute liability , see section 6.2 of the Criminal Code .
(3) A person cannot be tried for an offence against subsection ( 2) merely because subparagraph ( 2)(c)(i) applies, unless Article 5 of the Montreal Convention, when read together with the Protocol, requires Australia to establish its jurisdiction over the offence.