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Dangerous Goods on Aircraft

When someone carries or possesses dangerous goods on board an aircraft. When someone places dangerous goods on board an aircraft. The offence also applies to someone who delivers dangerous goods to someone else to place on board an aircraft.
  • A woman carries a kitchen knife in her hand luggage as she boards an aircraft
  • A boy has a pocket knife in his jacket while on board an aircraft
  • A man delivers a gun to another man intending that the gun would be used to hijack an aircraft

 

  • You did not possess the dangerous goods
  • The goods could not endanger the safety of an aircraft or persons on board an aircraft
  • The owner or operator of the aircraft knew about the nature of the goods and consented to the goods being brought on board
  • Permission was granted under the Air Navigation Regulations of the Commonwealth

There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions in cases like this
  • Were the goods dangerous goods?
  • Did you intend for them to be on board a plane (did you forget that you had them with you)?

 

Maximum penalty and court that deals with this charge

The maximum penalty for the offence of Dangerous Goods on Aircraft (s246D of the Crimes Act 1958) is level 6 imprisonment (5 years).

This is a strictly indictable charge which means that your case must be heard in the County Court.

The section that covers this offence is section 246D of the Crimes Act 1958.

What is the legal definition of Dangerous Goods on Aircraft?

Possessing, carrying or placing dangerous goods on board an aircraft. Delivering dangerous goods to a person for the purpose of their being placed on board an aircraft.

“Did you forget you had it on you?”

 

What can you be sentenced to for this charge?
Your sentence will depend on the kind of dangerous good you possessed and what you intended to do with it. In the most severe circumstance, where someone has for example an explosive device in their possession on board an aircraft, they are likely to face imprisonment. In the least severe circumstance, where for example a person has deliberately hidden a sharp nail file or knitting needle in their luggage, a fine is more likely.