In Australia, the offence of assaulting crew members on an air vessel carries a maximum penalty of ten years imprisonment. If the assault committed affects that crew member’s performance of their duties on board, then the maximum penalty rises to twenty years.

The offence of assaulting crew is set out in section 20A of the Crimes (Aviation) Act 1991 which states: “A person commits an offence if:

• (a) the person is on board an aircraft; and
• (b) the Aircraft is a Division 3 aircraft; and
• (c) the person assaults, threatens with violence or intimidates another person; and the other person is a member of the crew of the aircraft.”

The aggravated offence is contained in section 21 of the same Act, which states that the person must not do the above “in a manner that results in:

• (a) an interference with the member’s performance of functions or duties connected with the operation of the aircraft; or
• (b) a lessening of the member’s ability to perform those functions or duties.”

What Actions Might Constitute “Assaulting Crew?”

1. Section 3 of the same Act defines a Division 3 aircraft. It includes aircrafts that are intended or likely to be engaged in prescribed flights, within Australia and internationally. It also includes Commonwealth aircraft, defence aircrafts and foreign aircraft in Australia or intended to end their journey in Australia.
2. The slightest touch may constitute assault, however, Police would usually not charge a person unless there is a significant degree of force applied or threats of violence.
3. Assault covers punching, hitting and kicking, as well as threatening to hurt another person. Spitting is another form of assault and is treated very seriously.

In Australia, the offence of possessing dangerous goods on an aircraft carries a maximum penalty of 10 years imprisonment. If the goods possessed are likely to endanger a person’s life or cause serious harm, then the maximum penalty rises to fourteen years imprisonment.

The offence of ‘dangerous goods’ is contained in section 23 of the Crimes (Aviation) Act 1991 which states: “a person must not: “A person commits an offence if:

• (a) carry or place dangerous goods on board a Division 3 aircraft;
• (b) deliver dangerous goods to anyone else with the intention of placing the goods on board such an aircraft;
• (c) have dangerous goods in his or her possession on board such an aircraft.”

The aggravated offence is contained in section 23A of the Crimes (Aviation) Act 1991 which states that an offence is committed if a person does the above actions and “the act constituting the offence is likely to endanger a person’s life or cause serious harm to a person.”

What Actions Might Constitute “Possessing Dangerous Goods”

1. Section 3 of the same Act defines a Division 3 aircraft. It includes aircraft that are intended or likely to be engaged in prescribed flights, within Australia and internationally. It also includes Commonwealth aircraft, defence aircraft and foreign aircraft in Australia or intended to end their journey in Australia.
2. The actions which give rise to this section is drafted very broadly. Essentially, it will cover anyone who brings such items onto an aircraft, or causes, at some point along the line, the item to be within the aircraft.
3. A ‘dangerous good’ is defined in Section 3 of the same act. It contains two categories of items:
   1. Firearms, ammunition, weapons and explosive substances; and
   2. Any substance or thing that may endanger the safety of an aircraft or of people on board an aircraft because of its nature and/or condition.
4. Most airport or aircraft carrier websites now contain detailed information as to what they consider a dangerous good. These lists are non-exhaustive but include items such as: aerosols, camping stoves, liquid fuel containers, carbon dioxide, e-Cigarettes, electronic devices powered by batteries.

Possible Defences For Possessing Dangerous Goods

Section 23(2) provides for possible defences to these sections. It is a defence if:-

1. The owner or operator of the aircraft had given consent. That consent must be given when the owner or operator had full knowledge of the nature of the goods.
2. Permission is previously granted pursuant to the Air Navigation Act 1920, Aviation Transport Security Act 2004or Civil Aviation Act 1988 or their corresponding regulations.
3. If the aircraft is a Commonwealth aircraft, the person doing the act: is a person appointed under the Public Service Act 1999; an officer under the authority of the Commonwealth; or a person acting in accordance with instructions of such an officer or person, and that person is acting in the performance of his or her duties.
4. If the aircraft is a defence aircraft, the person doing the act is a member of the Defence Force or a person acting in accordance with the instructions of such a member, and that person is acting in the performance of his or her duties.