148Exemption of aircraft and spare parts from seizure on patent claims

148 Exemption of aircraft and spare parts from seizure on patent claims (1) The lawful entry into Australian territory, or the lawful transit across Australian territory, with or without landings, of an aircraft in relation to which this regulation applies shall not entail: (a) the seizure or detention of the aircraft; (b) the bringing of proceedings against the owner or operator of the aircraft; or (c) any other interference with the aircraft; by or on behalf of the Commonwealth or any person in Australian territory, on the ground that the construction, mechanism, parts, accessories or operation of the aircraft is or are an infringement of Letters Patent granted in Australian territory. (2) The importation into, and storage in, Australian territory of spare parts and spare equipment for an aircraft in relation to which this regulation applies and the use and installation of those spare parts and spare equipment shall not entail: (a) the seizure or detention of the aircraft or of the spare parts or spare equipment; (b) the bringing of proceedings against the owner or operator of the aircraft or against the owner of the spare parts or spare equipment; or (c) any other interference with the aircraft, or with the spare parts or spare equipment; by or on behalf of the Commonwealth or any person in Australian territory, on the ground that the spare parts or the spare equipment or their installation are or is an infringement of Letters Patent granted in Australian territory. (3) Subregulation (2) shall not apply in relation to spare parts or spare equipment which are sold or distributed in Australian territory or are exported from Australian territory for sale or distribution. (4) This regulation shall apply in relation to aircraft registered in a country or territory in respect of which there is for the time being in force a declaration, made by the Minister and published in the Gazette, that the provisions of this regulation shall apply in relation to aircraft registered in that country or territory, being a country or territory: (a) which is a party to the International Convention for the Protection of Industrial Property; or (b) in which there are in force laws protecting inventions made by Australian citizens.