Commonwealth Consolidated Acts

AIR SERVICES ACT 1995 - SECT 65

  (1)   This section applies if an outstanding amount covered by a statutory lien on an aircraft remains unpaid at the end of 9 months after the day on which it became an outstanding amount or the day on which the lien was registered, whichever is the later.

  (2)   An authorised employee:

  (a)   may at any time, seize the aircraft; and

  (b)   may keep possession of the aircraft until all outstanding amounts covered by the statutory lien are paid.

  (3)   The authorised employee must take reasonable steps to give notice of the seizure to the following persons:

  (a)   persons who, in the opinion of the authorised employee, have a security interest in the aircraft;

  (b)   each person who is an owner, operator, lessee, hirer, charterer or pilot in command, of the aircraft;

  (c)   any other persons prescribed by the regulations.

  (4)   A notice under subsection   ( 3) must:

  (a)   identify the aircraft that has been seized; and

  (b)   state that the aircraft has been seized under this section; and

  (c)   specify the reason for the seizure.

  (5)   An authorised employee is not entitled to seize an aircraft under this section if the employee fails to comply with a request by the owner, operator or pilot in command of the aircraft to produce proof that the employee is authorised to act under this section.