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Placing a Dangerous Article on Board an Aircraft or Vessel

Placing a Dangerous Article on Board an Aircraft or Vessel is an offence under section 207 of the Crimes Act 1900, which carries a maximum penalty of 7 years in prison.

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

  1. You placed or carried an article on board an aircraft or vessel, or you delivered an article to a person for the purpose of having it placed on board an aircraft or vessel, or you possessed an article while on board an aircraft or vessel, and
  1. You knew the article was a dangerous article

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.

A ‘dangerous article’ is:

  1. A firearm, firearm ammunition, weapon or explosive, or
  2. A substance or other thing that, due to its nature, could endanger the safety of an aircraft or vessel or any person on board.

You are not guilty of the offence if your conduct was:

  1. With the informed consent of the owner or operator of the aircraft or vessel, or
  2. In accordance with regulations under the Air Navigation Act 1920.

Other defences to the charge include:

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

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