(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.