Criminal Offences Relating to the Use of False Information to Take a Flight

If a friend or family member has booked a flight but can no longer go, could you use their ticket and take the trip instead?

The short answer is, only if the ticket is changed by legitimate means into your name.

In fact, the use of false information to travel on airlines in Australia could constitute a number of offences under the Criminal Code Act 1995 (Cth).

Here’s what you need to know.

Key terms

There are a number terms utilised under the Code in relation to flight-related offences including “constitutional flight”, “constitutional airport”, “air passenger ticket” and “false identification information”.

A constitutional flight means:

• a flight that starts or ends in a Territory; or
• 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
• 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.

A constitutional airport means:

The offence of utilising false information to obtain an air passenger ticket

Section 376.4(1) of the Criminal Code Act makes it an an offence punishable by up to 12 months in prison for a person to use false identification information to obtain an air passenger ticket on a constitutional flight, being at least reckless as to whether information is used to identify them (or another person).

The offence of taking a flight with false information

The offence of using false information at constitutional airports

The offence of using false information via a carriage service to obtain an air passenger ticket

Section 376.3(1) of the Act makes it an offence punishable by up to 12 months in prison to use a carriage service (such as the internet or a phone) to obtain an air passenger ticket if:

• false identification information is used to obtain an air passenger ticket being reckless as to whether the information is used to identify the defendant, or another person, as a passenger on the flight; and
• the flight starts and ends within Australia.

The offence of using false information via a carriage service to take a flight

And section 376.3(2) of the Act makes it an offence punishable by up to 12 months in prison to use a carriage service (such as the internet) to obtain take flight using an air passenger ticket if:

• false identification information is used to take flight being reckless as to whether the information is used to identify the defendant, or another person, as a passenger on the flight; and
• the flight starts and ends within Australia.

Legal defences

A number of legal defences may apply to these charges including duress, sudden or extraordinary emergency and even self-defence, which covers actions in defence of yourself or another person.

In the event you are able to raise evidence of a legal defence, the onus then shifts to the prosecution to prove beyond a reasonable doubt that the defence does not apply in the circumstances.

You are entitled to an acquittal if the prosecution is unable to do this.

Going to court for a flying-related?

If you have been charged with flying-related offence, call Sydney Criminal Lawyers anytime on 9261 8881 to arrange a free first conference during which one of our experienced criminal defence lawyers who will advise you of your options and the best way forward, and fight for the optimal outcome.