Part 4AE Offences relating to transport services
Division 1 Offences relating to aircraft, vessels etc
204 Destruction of, or damage to, an aircraft or vessel with intent or reckless indifference
Any person who:(a) with intent to cause the death of a person, or(b) with reckless indifference for the safety of the life of a person,destroys or damages an aircraft or vessel is liable to imprisonment for 25 years.
205 Prejudicing the safe operation of an aircraft or vessel
A person who, whether on board the aircraft or vessel or not, does anything with the intention of prejudicing the safety of an aircraft or vessel is liable to imprisonment for 14 years.
206 Assault etc on member of crew of aircraft or vessel
A person who, while on board an aircraft or vessel, assaults or threatens with violence a member of the crew of the aircraft or vessel:(a) so as to interfere with the functions or duties performed by the crew member in connection with the safe operation of the aircraft or vessel, or(b) so as to diminish the ability of the crew member to perform those functions or duties,is liable to imprisonment for 14 years.
207 Placing etc dangerous articles on board an aircraft or vessel
(1) In this section:dangerous article means:
(a) a firearm, ammunition for a firearm, a weapon or an explosive, or(b) a substance or thing that, because of its nature or condition, could endanger the safety of an aircraft or vessel or persons on board an aircraft or vessel.(2) A person who:(a) places or carries on board an aircraft or vessel an article knowing that it is a dangerous article,(b) knowing that an article is a dangerous article, delivers the article to a person for the purpose of having the article placed or carried on board an aircraft or vessel, or(c) has possession of an article while on board an aircraft or vessel knowing that the article is a dangerous article,is liable to imprisonment for 7 years.(3) Subsection (2):(a) does not apply to or in relation to anything done with an article in relation to an aircraft or vessel with the consent of the owner or operator of the aircraft or vessel where that consent is given with a knowledge of the nature or condition of the article, and(b) does not apply to or in relation to the carrying or placing of a firearm or ammunition for a firearm on board an aircraft or vessel with permission given in accordance with regulations in force under the Air Navigation Act 1920 of the Commonwealth.(4) A reference in this section to a firearm includes a reference to an imitation firearm within the meaning of the Firearms Act 1996.
208 Threatening to destroy etc an aircraft, vessel or vehicle
(1) In this section:threat includes:
(a) an expression of intention, or(b) the making of a statement from which an expression of intention could reasonably be inferred.transport vehicle means:
(a) a mechanically or electrically driven vehicle that is used or designed to be used for the purpose of conveying passengers or goods, or passengers and goods, or for the purpose of drawing a vehicle or vehicles of the kind referred to in paragraph (b), or(b) a vehicle not so driven that is directly or indirectly connected to and drawn by, or designed to be connected to and drawn by, a vehicle of the kind first referred to in paragraph (a),but does not include an aircraft or vessel.(2) A person who makes a demand of another person with a threat:(a) to destroy or damage, or endanger the safety of, an aircraft, vessel or transport vehicle, or(b) to kill, or inflict bodily injury on, persons who are in or on an aircraft, vessel or transport vehicle,is liable to imprisonment for 14 years.(3) A person who makes a demand of another person together with a threat to do any of the things mentioned in subsection (2) (a) or (b) and, while that threat still has effect:(a) discharges a firearm,(b) causes an explosion, or(c) inflicts grievous bodily harm on, or wounds, a person,is liable to imprisonment for 25 years.(4) A person who makes a threat:(a) to destroy or damage, or endanger the safety of, an aircraft, vessel or transport vehicle, or(b) to kill, or inflict bodily injury on, persons who are in or on an aircraft, vessel or transport vehicle,is liable to imprisonment for 5 years.
209 False information as to plan etc to prejudice the safety of an aircraft or vessel or persons on board an aircraft or vessel
A person who makes a statement or conveys information, knowing it 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 to:(a) take, or exercise control of, an aircraft or vessel by force,(b) destroy or damage, or endanger the safety of, an aircraft or vessel, or(c) kill, or inflict bodily injury on, persons in or on an aircraft or vessel,is liable to imprisonment for 2 years.
210 Destroying, damaging etc an aid to navigation
A person who:(a) intentionally or recklessly destroys, damages, removes, conceals or interferes with a mark, device or equipment used or designed to be used to assist the navigation of aircraft or vessels, or(b) does any act with the intention of causing any such destruction, damage, concealment or interference,is liable to imprisonment for 7 years.
Division 2 Offences relating to railways etc
211 Criminal acts relating to railways
(1) A person who:(a) does any act on or in connection with the operation of a railway, or(b) omits to do any act on or in connection with a railway that it is the person’s duty to do,with the intention of causing the death of, inflicting bodily injury on or endangering the safety of any person who is on the railway, or who is in or on any locomotive or other rolling stock on the railway, is liable to imprisonment for 25 years.(2) A person who:(a) does any act on or in connection with the operation of a railway, or(b) omits to do any act on or in connection with the operation of a railway that it is the person’s duty to do,with the intention of causing any locomotive or other rolling stock on the railway to be derailed, destroyed or damaged, is liable to imprisonment for 14 years.
212 Endangering passengers etc on railway
A person who, by an unlawful act or a negligent omission, endangers the safety of any person who is on, or who is being conveyed on, a railway is liable to imprisonment for 3 years.
A person who:(a) intentionally and without lawful excuse, does an act, or omits to do an act, which causes the passage or operation of a locomotive or other rolling stock on a railway to be obstructed, or(b) assists a person to do or omit to do such an act, with the knowledge that the person’s intention to do or omit to do that act is without lawful excuse,is liable to imprisonment for 2 years.
214 Obstructing a railway—verdict of misdemeanour
(1) If, on the trial of a person for an offence under section 211, the jury is not satisfied that the person is guilty of the offence, but is satisfied that the person is guilty of an offence under section 212 or 213, it may acquit the person of the offence charged and instead find the person guilty of an offence under section 212 or 213.(2) If, in accordance with subsection (1), a jury finds a person guilty of an offence under section 212 or 213, the person is liable to be punished as provided by that section.