Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to:
(a) an Australian aircraft; or
(b) any other aircraft (including an aircraft that is not registered anywhere) that is, at the relevant time, being operated by an Australian operator.
(2) The pilot in command of an aircraft that is in flight over the territory of a foreign country shall not operate the aircraft for a purpose that is prejudicial to the security or public order of, or to the safety of air navigation in relation to, the foreign country.
Penalty: Imprisonment for 2 years.
(3) Where:
(a) an aircraft flies over the territory of a foreign country; and
(b) either:
(i) the flight is required to be authorised by the foreign country and is not so authorised; or
(ii) there are reasonable grounds for believing that the aircraft is being operated for a purpose that is prejudicial to the security or public order of, or to the safety of air navigation in relation to, the foreign country;
the pilot in command of the aircraft shall comply with any direction given by an authorised official of the foreign country:
(c) requiring that the aircraft land at a specified aerodrome in the territory of the foreign country; or
(d) for the purpose of preserving the security or public order of, or the safety of air navigation in relation to, the foreign country.
Penalty: Imprisonment for 2 years.
(4) In a prosecution of a person for an offence against subsection (3) it is a defence if it is established that the person believed on reasonable grounds that compliance with the direction would be more likely to endanger the safety of the aircraft or of persons on board the aircraft than would a failure to comply with the direction.
(5) Subsections (2) and (3) do not affect any other obligation imposed by law, including the law of a foreign country, to comply with a direction given by an authorised official of a foreign country.
(6) Where a person has been convicted of an offence in respect of an act or omission under the law of the foreign country, the person is not liable to be convicted of an offence arising under subsection (2) or (3) in respect of the act or omission.
(7) In this section:
"Australian operator" means an operator whose principal place of business, or whose place of permanent residence, is in Australian territory.
"authorised official" , in relation to a foreign country, means:
(a) a member of the military, police, customs or air - traffic control services of the foreign country; or
(b) a person authorised by the foreign country to give directions to aircraft flying over the territory of the foreign country.
"operator" has the same meaning as in the regulations.
"territory" , in relation to a foreign country, means the land and the adjacent territorial sea under the sovereignty, suzerainty, protection or mandate of the foreign country.