Commonwealth Consolidated Acts

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AIR SERVICES ACT 1995 - SECT 71

Dismantling etc. aircraft under statutory lien

  (1)   A person who knows that a statutory lien is in effect in respect of an aircraft must not detach any part or equipment from the aircraft.

Penalty:   Imprisonment for 2 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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