NCJ Number
79452
Journal
UNIVERSITY OF TASMANIA LAW REVIEW Volume: 6 Issue: 1 Dated: (1978) Pages: 38-59
Date Published
1978
Length
22 pages
Annotation
This article discusses the extensive legislation relating to hijacking together with an assessment of the impact of the two international conventions.
Abstract
Essentially, Australian law proscribing aircraft hijacking is contained in the Crime (Aircraft) Act, 1963. Since this is a Commonwealth statute, it does not extend into the intrastate sphere; however, five of the States have enacted complementary legislation virtually the same as the Commonwealth Act. The Tokyo Convention on Offenders and Certain Other Acts Committed on Board Aircraft, to which Australia acceded in 1970, adds very little to the Crimes (Aircraft) Act. The Hague Convention for the Suppression of Unlawful Seizure of Aircraft, to which Australia acceded in 1972, has slightly more impact, but in a restricted sphere. The Crimes (Hijacking of Aircraft) Act, 1972 makes some minor alterations to the Crimes (Aircraft) Act. Under the Crimes (Aircraft) Act any person, who by violence, threat of violence, or deception obtains control of an aircraft with a nonaccomplice aboard will be imprisoned for 20 years. Any person who commits an act that prejudices the safe operation of an aircraft or any person on board is guilty of a capital offense. Although the substance of Australian law bearing upon aircraft hijacking is exhaustive, its constitutional limitations and a succession of Federal enactments make its application uncertain. Since Australia has experienced only four aircraft hijackings in over 50 years of commercial aviation, the incentive for refining this area of law is currently absent. A total of 67 footnotes are provided. (Author summary modified)