# Identifying an aircraft and requesting it to land for boarding

> act-s245E — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

245E Identifying an aircraft and requesting it to land for boarding

               Application of section
          (1) This section allows the commander of a Commonwealth aircraft to
              make requests of the pilot of another aircraft that:









                 (a) if the other aircraft is an Australian aircraft—is over
                     anywhere except a foreign country; and
                 (b) if the other aircraft is not an Australian aircraft—is over
                     Australia.

               Requesting information to identify an aircraft
          (2) If the commander cannot identify the other aircraft, the commander
              may:
                (a) use his or her aircraft to intercept the other aircraft in
                     accordance with the practices recommended in Annex 2
                     (headed “Rules of the Air”) to the Convention on
                     International Civil Aviation done at Chicago on 7 December
                     1944 (that was adopted in accordance with that Convention);
                     and
                (b) request the pilot of the other aircraft to disclose to the
                     commander:
                       (i) the identity of the other aircraft; and
                      (ii) the identity of all persons on the other aircraft; and
                     (iii) the flight path of the other aircraft; and
                     (iv) the flight plan of the other aircraft.

               Requesting aircraft to land for boarding
          (3) The commander may request the pilot of the other aircraft to land it
              at the nearest proclaimed airport, or at the nearest suitable landing
              field, in Australia for boarding for the purposes of this Act if:
                (a) the pilot does not comply with a request under subsection (2);
                     or
                (b) the commander reasonably suspects that the other aircraft is
                     or has been involved in a contravention, or attempted
                     contravention, of this Act.
               Note:      Section 245F gives power to board the aircraft and search it once it
                          has landed.










               Means of making request
          (4) Any reasonable means may be used to make a request under this
              section.

               Request still made even if pilot did not receive etc. request
          (5) To avoid doubt, a request is still made under this section even if the
              pilot did not receive or understand the request.

               Pilot must comply with request
          (6) The pilot of the other aircraft must comply with a request made
              under this section.
               Penalty: Imprisonment for 2 years.
          (7) Subsection (6) does not apply if the pilot has a reasonable excuse.
               Note:      A defendant bears an evidential burden in relation to the matter in
                          subsection (7) (see subsection 13.3(3) of the Criminal Code).