Section 376.3 Criminal Code Act 1995
Obtaining an Air Passenger Ticket with False Information using a Carriage Service

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Obtaining an air passenger ticket with false information using a carriage service is an offence under section 376.3 of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 12 months in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You used identification information
  2. You did so with a carriage service
  3. Your conduct resulted in a passenger ticket being obtained for a flight whether for you or another person
  4. Your information was false in relation to the person who took, or intended to take, the flight
  5. You were reckless as to whether the information would be used to identify the passenger or intended passenger on a flight, and
  6. The flight started or ended in Australia

‘Identification information’ is that which relates to a person, whether dead or alive, real or fictitious, that is capable of being used to identify the person, whether by itself or in conjunction with other information.

It includes:

  1. A name, address, date or place of birth, marital status, relative’s identity
  2. A driver licence or driver licence number
  3. A passport or passport number
  4. A voice print or biometric data
  5. A credit or debit card, its number or data stored or encrypted on it
  6. A financial account number, user name or password
  7. A digital signature
  8. Any series of numbers and/or letters intended for use as personal information, and
  9. An ABN

Identification information is false if it is false in a material particular, that affects the capacity of the information to be used, whether by itself or with other information or documents to identify a person.

A ‘carriage service’ is:

a service for carrying communications by means of guided and/or unguided electromagnetic energy’, which includes telephone calls, text messages and internet transmissions, such as emails and the use of social media pages.

An ‘air passenger ticket for a flight’ is:

‘a ticket, or electronic record, on the basis of which a person is treated as being entitled to travel as a passenger on the flight, or a journey that includes a flight’.

You were ‘reckless’ if you aware there was a substantial risk, that the identification information would be used to identify the passenger, and it was unjustifiable to take that risk in the circumstances, but you went ahead with your actions regardless.

Duress and necessity are defences to the charge.


Using false identification information by way of a carriage service to obtain an air passenger ticket and take flight is an offence under section 376.3(2) of the Criminal Code Act 1995 (Cth).

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You took flight using an air passenger ticket
  2. Identification information was used, whether by you or another, to obtain the ticket
  3. The information was used to identify you as a passenger on a flight
  4. The information was false in relation to you
  5. A carriage service was used, whether by you or another, to obtain the ticket, and
  6. The fight started or ended in Australia.

‘Identification information’ is that which relates to a person, whether dead or alive, real or fictitious, that is capable of being used to identify the person, whether by itself or in conjunction with other information.

It includes:

  1. A name, address, date or place of birth, marital status, relative’s identity
  2. A driver licence or driver licence number
  3. A passport or passport number
  4. A voice print or biometric data
  5. A credit or debit card, its number or data stored or encrypted on it
  6. A financial account number, user name or password
  7. A digital signature
  8. Any series of numbers and/or letters intended for use as personal information, and
  9. An ABN.

Identification information is false if it is false in a material particular that affects the capacity of the information to be used, whether by itself or with other information or documents to identify a person.

A ‘carriage service’ is:

‘a service for carrying communications by means of guided and/or unguided electromagnetic energy’, which includes telephone calls, text messages and internet transmissions, such as emails and the use of social media pages.

An ‘air passenger ticket for a flight’ is:

‘a ticket, or electronic record, on the basis of which a person is treated as being entitled to travel as a passenger on the flight, or a journey that includes a flight’.

If the prosecution proves that an air passenger ticket was obtained, the ticket is taken to have been obtained by way of a carriage service unless you are able to establish, on the balance of probabilities, that you did not obtain it in that way.

Duress and necessity are defences to the charge.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Obtaining an Air Passenger Ticket with False Information using a Carriage Service matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

The Legislation

376.3 Obtaining an Air Passenger Ticket with False Information using a Carriage Service

(1) A person (the defendant ) commits an offence if:
(a) the defendant uses information; and
(b) the defendant does so:
(i) with the result that an air passenger ticket for a flight is obtained (whether by the defendant or another person); and
(ii) reckless as to whether the information is used to identify the defendant, or another person, as a passenger on the flight; and
(c) the information is identification information; and
(d) the information is false in relation to the person who takes, or intends to take, the flight using the ticket; and
(e) a carriage service is used (whether by the defendant or another person) to obtain the ticket; and
(f) the flight starts or ends within Australia.

Penalty: Imprisonment for 12 months.

Carriage service offence–taking a flight using an air passenger ticket

(2) A person (the defendant ) commits an offence if:
(a) the defendant takes a flight using an air passenger ticket; and
(b) identification information was used (whether by the defendant or another person) to obtain the ticket; and
(c) the information resulted in the identification of a person as a passenger on the flight; and
(d) the information is false in relation to the defendant; and
(e) a carriage service was used (whether by the defendant or another person) to obtain the ticket; and
(f) the flight starts or ends within Australia.

Penalty: Imprisonment for 12 months.

General

(3) In a prosecution for an offence against subsection (1) or (2), if the prosecution proves beyond reasonable doubt that an air passenger ticket was obtained, then it is presumed, unless the defendant proves to the contrary, that a carriage service was used to obtain the ticket.

Note: A defendant bears a legal burden in relation to the matter in this subsection: see section 13.4.

(4) Absolute liability applies to paragraphs (1)(e) and (f) and (2)(e) and (f).

Note: For absolute liability, see section 6.2.

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