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 376.4   False identification information - air passenger tickets for constitutional flights  

Constitutional 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:

constitutional flight
means:


(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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