Commonwealth Consolidated Acts

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AIR SERVICES ACT 1995 - SECT 70

Removal from Australian territory of aircraft under statutory lien

  (1)   A person who knows that a statutory lien is in effect in respect of an aircraft must not remove the aircraft from Australian territory.

Penalty:   Imprisonment for 3 years.

  (1A)   Subsection   ( 1) does not apply if the person has the prior approval of an authorised employee.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   ( 1A) (see subsection   13.3(3) of the Criminal Code ).

  (2)   For the purposes of establishing a contravention of subsection   ( 1), a person is taken to have known that a statutory lien was in effect in respect of an aircraft if the person ought reasonably to have known that fact, having regard to:

  (a)   the person's abilities, experience, qualifications and other attributes; and

  (b)   all the circumstances surrounding the alleged contravention.


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