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False Information About a Plan to Prejudice the Safety of an Aircraft or Vessel

False Information About a Plan to Prejudice the Safety of an Aircraft or Vessel is an offence under section 209 of the Crimes Act 1900, which carries a maximum penalty of 2 years in prison.

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

  1. You made a statement or conveyed information
  2. The statement or information was false
  3. The statement could reasonably lead to the inference that where has been, is or will 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 harm on, persons in or on an aircraft or vessel

An ‘aircraft’ is any machine that can derive support in the atmosphere from the reactions of the air.

A ‘vessel’ is a water craft of any description that is capable of being used as a means of transportation on water.

Defences to the charge include:

  1. Duress
  2. Necessity, and
  3. Self defence.

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