Decisions of pilot in command

(1)

A person does not commit an offence against this Act if:

(a)

a physical element of the offence exists (whether directly or indirectly) because the pilot in command of an aircraft engaged in conduct in the operation or control of the aircraft; and

(b)

without the existence of that physical element the person would not commit the offence; and

(c)

the pilot engaged in the conduct to protect the safety or security of:

(i) the aircraft; or
(ii) the aircraft's cargo; or
(iii) a person (whether on board the aircraft or not); or
(iv) another aircraft; or
(v) an airport, or an airport facility or other installation within an airport; and

(d)

the conduct was reasonable in the circumstances.

Note: A defendant bears an evidential burden in relation to the matters in subsection (1) (see subsection 13.3(3) of the Criminal Code ).

Special security directions

(2)

If:

(a)

a person is required to comply with a special security direction; and

(b)

compliance with the direction would mean that the person commits an offence against, or otherwise contravenes a requirement of, this Act;

the person, in complying with the security direction, is taken not to have committed the offence or contravened the requirement.

Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code ).

Control directions

(3)

If:

(a)

a person is required to comply with a compliance control direction or an incident control direction; and

(b)

compliance with the direction would mean that the person commits an offence against, or otherwise contravenes a requirement of, this Act;

the person, in complying with the control direction, is taken not to have committed the offence or contravened the requirement.

Note: A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code ).