Aviation Crimes Act 1972

Taking firearms, explosives, etc, on to aircraft

11 Taking firearms, explosives, etc, on to aircraft or into sterile area or security enhanced area

(1)

Everyone commits a crime, and is liable on conviction to imprisonment for a term not exceeding 5 years, who, without lawful authority or reasonable excuse, or without the permission of the owner or operator of the aircraft or of a person duly authorised by either of them to give such permission, takes or attempts to take on board any aircraft—

(a)

any firearm; or

(b)

any other dangerous or offensive weapon or instrument of any kind whatsoever; or

(c)

any ammunition; or

(d)

any explosive substance or device, or any other injurious substance or device of any kind whatsoever which could be used to endanger the safety of the aircraft or of persons on board the aircraft; or

(e)

an imitation of an item or substance specified in paragraphs (a) to (d).

(1A)

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years, who, without lawful authority or reasonable excuse, takes, or attempts to take, into a sterile area or a security enhanced area an item or substance specified in subsection (1).

(1B)

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years, who—

(a)

has the intention of causing bodily injury or of doing any act that would constitute a crime under section 3, 4, 5, or 5A; and

(b)

takes on board an aircraft or into a sterile area or a security enhanced area an item or substance that is capable of—

(i)

causing bodily injury or of endangering the safety of an aircraft or an airport when combined with another item or substance; or

(ii)

activating another item or substance that is capable of causing bodily injury or of endangering the safety of an aircraft or an airport.

(2)

For the purposes of this section, the term firearm means any gun, rifle, or pistol, whether acting by force of explosives or not; and includes any such gun, rifle, or pistol which for the time being is not capable of discharging any shot, bullet, or other missile, but which by its completion or the replacement of any component part or parts or the correction or repair of any defect or defects, would be so capable; and also includes any such gun, rifle, or pistol which is for the time being dismantled.

(3)

For the purposes of this section, dangerous or offensive weapon means any item or substance capable of being used to endanger the safety of an aircraft or cause bodily injury.

Section 11 heading: amended, on 26 September 2007, by section 5(1) of the Aviation Crimes Amendment Act 2007 (2007 No 88).

Section 11(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 11(1)(d): amended, on 26 September 2007, by section 5(2) of the Aviation Crimes Amendment Act 2007 (2007 No 88).

Section 11(1)(e): inserted, on 26 September 2007, by section 5(2) of the Aviation Crimes Amendment Act 2007 (2007 No 88).

Section 11(1A): inserted, on 26 September 2007, by section 5(3) of the Aviation Crimes Amendment Act 2007 (2007 No 88).

Section 11(1A): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 11(1B): inserted, on 26 September 2007, by section 5(3) of the Aviation Crimes Amendment Act 2007 (2007 No 88).

Section 11(1B): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 11(3): inserted, on 26 September 2007, by section 5(4) of the Aviation Crimes Amendment Act 2007 (2007 No 88).