Criminal Code Act 1995
Section 3
CHAPTER 9 - DANGERS TO THE COMMUNITY Part 9.5 - Identity crime
View history note
Hide history noteConstitutional flight offence - using information to obtain an air passenger ticket
(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) the flight is a constitutional flight.
Penalty: Imprisonment for 12 months.
Constitutional flight 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) the flight is a constitutional flight.
Penalty: Imprisonment for 12 months.
General
(3)
Absolute liability applies to paragraphs (1)(e) and (2)(e).
Note:
For absolute liability, see section 6.2 .
(4)
In this section:
(a) a flight that starts or ends in a Territory; or
(b) a flight between Australia and a foreign country in which an aircraft is used in the course of trade or commerce, for the carriage of passengers; or
(c) a flight between one State and another State in which an aircraft is used in the course of trade or commerce, for the carriage of passengers.
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