Bomb threats on a plane
What happens if I am charged with making a bomb threat on a plane in Australia?
Bomb threats are treated as one of the most serious aviation offences under Australian law, particularly when made on an aircraft.
These offences are prosecuted under Commonwealth legislation and can result in imprisonment, even where the threat was made impulsively or while intoxicated.
Our criminal defence lawyers have extensive experience in aviation crimes, and have succesfully represented clients charged under the Crimes (Aviation) Act 1991 (Cth).
What is the offence of making a bomb threat on a plane?
Section 24 of the Crimes (Aviation) Act 1991 (Cth) makes it an offence to:
Threaten to destroy, damage or endanger the safety of an aircraft, or
Threaten to kill or injure anyone on board an aircraft.
It is also an offence to make a false statement or communicate false information suggesting that there has been, or will be, a plan, proposal, attempt or conspiracy:
to seize or take control of an aircraft,
to destroy or endanger the safety of an aircraft, or
to kill or injure someone on board.
The maximum penalty for either offence is 10 years imprisonment.
The Act applies to what is known as a “Division 3 aircraft”, which includes most commercial and passenger aircraft. The law imposes absolute liability for that circumstance, meaning it is not a defence to say that the person did not know the aircraft was of that type.
What if I did not actually have a bomb?
Many of these cases involve people who make impulsive or reckless comments, often while intoxicated and without any genuine intention to cause harm.
In our experience, clients are typically first-time offenders or have only minor prior histories and express immediate remorse once they understand the seriousness of their actions.
Courts will still treat the conduct as serious because it can cause alarm, disrupt flights, and require emergency responses. However, early legal representation can make a significant difference in how the matter is presented and ultimately sentenced.
What is the penalty for making a bomPossible penalties and outcomes
Because the offence carries a maximum penalty of 10 years imprisonment, the court has a wide discretion in sentencing. If the charge is proven, imprisonment is possible, but the outcome will depend on factors such as:
the person’s level of intoxication and intent,
whether the statement caused any actual disruption or fear,
the person’s criminal history and character, and
steps taken to show remorse and rehabilitation.
Strong submissions can assist in achieving a more lenient outcome, particularly where the offence was out of character and no genuine threat existed.
Do I need an aviation lawyer for making a bomb threat on a plane?
If you are charged with a threat or false statement under section 24 of the Crimes (Aviation) Act, it is essential to obtain legal advice immediately. Our aviation crimes lawyer will:
Review the charge and the evidence relied upon by the prosecution,
Negotiate with the Commonwealth Director of Public Prosecutions (CDPP) where appropriate,
Prepare supporting material such as references, employment and psychological reports, and
Research comparable sentencing decisions to argue for the lowest possible penalty.
We understand that in many cases, these offences arise from a momentary lapse in judgment rather than deliberate intent. Our approach is focused on achieving a fair and proportionate outcome that recognises the person’s remorse and personal circumstances.
Choosing the best aircraft offence lawyer in Qld
Our criminal defence lawyers act in complex and high-level Commonwealth prosecutions, including aviation offences. Our team are available for a confidential discussion about your case. No booking required.
📞 If you have been charged, or are under investigation for a bomb threat or false statement involving an aircraft, speak to our leading Brisbane Criminal Lawyers on (07) 3012 6531 for a confidential discussion about your case.
You can also request a confidential callback by filling in our Quick Enquiry form, which also includes access to our free guide 16 Things You Need to Do Now if Charged with a Criminal Offence.
The information provided is general in nature and does not constitute legal advice. Please contact our Brisbane criminal lawyers for specific advice about your case.
Last updated November 2025