Commonwealth Numbered Regulations

1988 NO. 158 CIVIL AVIATION REGULATIONS - REG 275

275. (1) For the purposes of ascertaining creditors and for the purposes of
the distribution of the proceeds of the sale of an aircraft under subsection
73 (1) of the Act, the Authority shall, as soon as practicable after the sale
of the aircraft, cause to be published in a newspaper circulating in each
State and Territory, and in such other newspaper (if any) as the Authority
determines, a notice inviting persons claiming a security interest in the
aircraft, being an interest created before the date of the sale, to make a
claim in respect of that interest in accordance with this regulation before
the expiration of the period specified in the notice, being a period of not
less than 21 days after the date of the notice.

(2) A claim under subregulation (1) shall:

   (a)  be in writing signed by, or on behalf of, the claimant;

   (b)  set out particulars of the security interest, including the time when
        it was created and the time when the debt covered by the interest was
        incurred; and (c) be given to the Authority, together with written
        evidence substantiating the nature and extent of the security interest
        claimed, before the expiration of the period specified in the notice.

(3) An authorised person shall consider each claim made in accordance with
this regulation and shall, not later than 14 days after the receipt of the
claim:

   (a)  approve the claim in whole;

   (b)  approve the claim in part and reject it in part; or

   (c)  reject the claim in whole.

(4) Where an authorised person makes a decision rejecting a claim in whole or
in part, the authorised person shall, by notice in writing given not later
than 28 days after the date of the decision, inform the claimant of the making
of the decision and of the grounds for the decision.

(5) An application may be made to the Administrative Appeals Tribunal for
review of a decision referred to in subregulation (4).

(6) A notice referred to in subregulation (4) shall include a statement to the
effect that, subject to the Administrative Appeals Tribunal Act 1975,
application may be made to the Administrative Appeals Tribunal for review of
the decision to which the notice relates.

(7) A failure to comply with the requirements of subregulation (6) in relation
to a decision shall not be taken to affect the validity of the decision.