Offences on an aircraft in Australia

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Incidents on flights to and from Australia are charged more often than most people realise. The pattern is familiar. A passenger drinks, ignores crew instructions, becomes aggressive, and is restrained. On landing, the aircraft is met by police. The charges that follow are not the ordinary assault or offensive language charges people know from the street. They come from a separate Commonwealth Act built for aviation.

The main statute is the Crimes (Aviation) Act 1991 (Cth). It sets out offences for assaulting crew, threatening people on board, and endangering the aircraft, and it fixes penalties that run into years, not months. Alongside it sits the Civil Aviation Safety Regulations 1998 (Cth), which make offensive or disorderly behaviour on an aircraft an offence in its own right. This article sets out the main offences, which flights they cover, who prosecutes, and how the courts treat this kind of offending.

What law covers offences committed on an aircraft?

The Crimes (Aviation) Act 1991 (Cth) is the starting point. It divides aircraft into categories. The category that catches almost every commercial passenger flight is the Division 3 aircraft. That includes an aircraft on an interstate flight, an aircraft on a flight to or from Australia, an aircraft flying within a Territory, and a foreign aircraft in Australia. If you are on a Qantas, Virgin or Jetstar flight between capital cities, or on an international service, you are on a Division 3 aircraft.

Once a flight falls within the Act, Commonwealth criminal law applies in the air. That has two practical results. The offences carry Commonwealth penalties, which are high. And the matter is investigated by the Australian Federal Police and prosecuted by the Commonwealth Director of Public Prosecutions, not by state police and the local prosecutor. A flight that is purely within one state, on a state-registered aircraft, can fall outside Division 3 and be dealt with under state law instead. For the bulk of air travel, though, the Commonwealth Act governs.

What happens if you assault a flight attendant in Australia?

The Act makes it a serious offence to assault, threaten with violence, or intimidate a member of the crew of a Division 3 aircraft. The maximum penalty is 10 years imprisonment. Where the conduct interferes with the crew member's performance of a function or duty connected with the operation of the aircraft, or lessens their ability to perform it, the maximum rises to 20 years.

Two points stand out. First, an assault here does not require a punch or a physical blow. Threatening a crew member with violence, or intimidating them, is enough. Second, the higher 20-year range is aimed squarely at conduct that gets in the way of the crew doing their job, because on an aircraft the crew are also the safety staff. A passenger who grabs at a flight attendant during the safety demonstration, or who stops them attending to the cabin, is exposed to that higher range. The same conduct in a shop or a bar would be a common assault under state law with a far lower ceiling. Our page on common assault in NSW sets out how the ground-level offence works by contrast.

What is the penalty for threatening to kill someone on a flight?

Section 24 of the Act deals with threats and false statements. It is an offence to threaten to kill or injure a person on board a Division 3 aircraft, or to threaten to destroy, damage or endanger the safety of the aircraft. The maximum penalty is 10 years imprisonment. The section also covers making a statement, or spreading information, that a person knows to be false and that is likely to make others believe the aircraft or someone on it is in danger.

A threat can be charged even where the person had no means or intention to act on it. Words shouted in temper, or a false claim about a bomb or a weapon, are treated as offences because of the effect they have on a plane full of people who cannot leave. This is close cousin to the Commonwealth carriage service offences we discuss in our piece on online threats and Commonwealth officials, and it reflects the same idea: a threat is judged by its effect, not by whether the person could have carried it out.

Endangering the aircraft, and taking control of it.

The Act also creates offences for conduct that puts the aircraft itself at risk. Endangering the safety of a Division 3 aircraft carries up to 7 years imprisonment, rising to 14 years where the conduct is likely to endanger a person's life or cause serious harm. Opening a door in flight, tampering with equipment, or fighting near the cockpit could bring these charges, on top of any assault charge.

At the very top of the scale is taking or exercising control of an aircraft by force, threat or intimidation. That is the hijacking offence, and it carries a maximum of life imprisonment. It is rare, but it sits behind the rest of the scheme and shows why the Act treats interference with an aircraft so seriously. Everything on a plane happens in a sealed metal tube travelling at speed, thousands of feet up, where there is no room to contain a serious incident.

Is it a crime to be disorderly or offensive on a plane?

Yes, and this is the charge that catches the largest number of unruly passengers. Regulation 91.525 of the Civil Aviation Safety Regulations 1998 (Cth) makes it an offence to behave in an offensive or disorderly manner on an aircraft. The maximum penalty is 50 penalty units, which at the current value of the Commonwealth penalty unit is $16,500.

The regulation defines the conduct broadly. A person is treated as behaving in an offensive or disorderly manner if they assault, intimidate or threaten another person, whether the conduct is verbal or physical, and whether or not a weapon or object is used. In practice this captures yelling and swearing at crew, refusing to follow instructions, and aggressive behaviour that falls short of a full assault. A passenger who is loud, abusive and non-compliant, but who does not land a blow, is squarely within this offence. It is often laid alongside the more serious Crimes (Aviation) Act charges, or on its own where the conduct is at the lower end.

Do the AFP or state police handle offences on planes?

For a Division 3 aircraft, the offences are Commonwealth offences. The Australian Federal Police meet the aircraft, take carriage of the matter, and refer it to the Commonwealth Director of Public Prosecutions. That is why the media releases in these cases come from the AFP rather than a state police force, and why the charges are laid under Commonwealth law.

The line moves once you are off the plane. Conduct in the terminal, at a bag drop, or at a gate can be dealt with under state law, or under Commonwealth offences aimed at conduct at an airport. An assault on an AFP officer during the arrest is a separate matter again, and can be charged as assaulting or obstructing a Commonwealth official. It is common for a single incident that starts in the air and continues on the ground to produce a mix of charges from more than one source. Sorting out which law applies to which part of the conduct is the first step in reading one of these briefs.

How the courts sentence in-flight offences.

Sentencing for these Commonwealth offences is governed by section 16A of the Crimes Act 1914 (Cth), which lists the factors a court must take into account. In aviation matters the courts give real weight to general deterrence. The reasoning is consistent across the cases: an aircraft is a confined space, crew and passengers cannot get away, and a diversion or emergency landing is dangerous and costly. Intoxication is not a defence, and being drunk does not soften the picture. It often makes it worse.

That does not mean every case ends in gaol. Much depends on where the conduct sits on the scale, whether anyone was hurt, whether the flight was diverted, the person's record, and what they do after the event. A single episode of drunken shouting sits at a very different place from a sustained assault on crew that forces the aircraft down. An early plea, genuine remorse, treatment for an alcohol problem, and a clean prior history all count. The task is to place the conduct honestly at the low end where that is fair, and to build the personal case that goes with it.

What we do for clients charged with an aircraft offence.

The work starts with the exact charges and the flight. We check which Act each charge comes from, whether the flight was a Division 3 aircraft, and whether the more serious 20-year crew-assault range has been engaged or whether the conduct really belongs in the lower offences. Overcharging happens, and getting a matter recharacterised at the low end can change the whole shape of a case.

From there the evidence matters. Cabin crew reports, passenger statements, and any cabin footage set out what actually happened, and they are not always as one-sided as a first account suggests. Where alcohol or a mental health issue drove the conduct, that is addressed early, with treatment and material for the court. For a person of prior good character facing a first offence, the goal is the lowest available outcome, and in the right case that can mean avoiding a conviction. The advice on the first call does not change: do not plead to anything before the brief is read.

Frequently asked.

What law covers offences committed on an aircraft in Australia?

For most commercial flights, the Crimes (Aviation) Act 1991 (Cth) applies. It covers interstate flights, international flights to or from Australia, flights within a Territory, and foreign aircraft in Australia, which the Act calls Division 3 aircraft. On those flights Commonwealth law applies in the air, the AFP investigate, and the Commonwealth DPP prosecutes.

What happens if you assault a flight attendant in Australia?

Assaulting, threatening or intimidating a crew member on a Division 3 aircraft carries up to 10 years imprisonment. If the conduct interferes with the crew member's duties connected with operating the aircraft, or lessens their ability to perform them, the maximum rises to 20 years. The threat does not have to be physical.

What is the penalty for threatening to kill someone on a flight?

Under section 24 of the Crimes (Aviation) Act 1991 (Cth), threatening to kill or injure a person on board a Division 3 aircraft, or to destroy, damage or endanger the aircraft, carries up to 10 years imprisonment. A person can be charged even if they had no ability or intention to carry the threat out.

Is it a crime to be disorderly or offensive on a plane?

Yes. Offensive or disorderly behaviour on an aircraft is an offence under regulation 91.525 of the Civil Aviation Safety Regulations 1998 (Cth), with a maximum of 50 penalty units, currently $16,500. It covers assaulting, intimidating or threatening someone, whether verbal or physical, and is often laid alongside more serious charges.

Is being drunk a defence to an in-flight offence?

No. Intoxication is not a defence. Courts treat in-flight offending seriously because of the confined space and the risk to the aircraft and everyone on it, and general deterrence is given real weight in sentencing. Terms of imprisonment are imposed in serious cases.

Do the AFP or state police handle offences on planes?

For a Division 3 aircraft the offences are Commonwealth offences, so the AFP investigate and the Commonwealth DPP prosecutes. Conduct in the terminal can attract state offences or Commonwealth offences such as assaulting or obstructing a Commonwealth official. A purely intrastate flight on a state aircraft may fall under state law instead.

To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.

This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 4 August 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.

More criminal-law commentary by Aaron Kernaghan.

Primary sources: Crimes (Aviation) Act 1991 (Cth); Civil Aviation Safety Regulations 1998 (Cth), reg 91.525; Crimes Act 1914 (Cth), s 16A; Crimes (Aviation) Act case law on JADE; Australian Federal Police, News Centre.

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