Document ID: chunk:federal_register_of_legislation:C2024C00624:section:70
Version: federal_register_of_legislation:C2024C00624
Segment Type: section
Provision Reference: s 70
Character Range: 59133–60007

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.