CTHIn ForceAct
Air Services Act 1995
70Removal from Australian territory of aircraft under statutory lien
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#### 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.