Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.5 - Identity crime  

Division 376 - False identity and air travel  

SECTION 376.3   False identification information - air passenger tickets obtained using a carriage service  

Carriage service 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) a carriage service is used (whether by the defendant or another person) to obtain the ticket; and


(f) the flight starts or ends within Australia.

Penalty: Imprisonment for 12 months.

Carriage service 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) a carriage service was used (whether by the defendant or another person) to obtain the ticket; and


(f) the flight starts or ends within Australia.

Penalty: Imprisonment for 12 months.

General

(3)  
In a prosecution for an offence against subsection (1) or (2), if the prosecution proves beyond reasonable doubt that an air passenger ticket was obtained, then it is presumed, unless the defendant proves to the contrary, that a carriage service was used to obtain the ticket.

Note:

A defendant bears a legal burden in relation to the matter in this subsection: see section 13.4 .

(4)  
Absolute liability applies to paragraphs (1)(e) and (f) and (2)(e) and (f).

Note:

For absolute liability, see section 6.2 .




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