Air Navigation Act 1966 · 2020 Revised Edition · Part 2 · Regulatory Framework for Safety in Aviation
26. Power to detain aircraft, aeronautical products, etc.
Feedback & supportWhere the Director-General of Civil Aviation believes on reasonable grounds that the operation or use of any aircraft or aeronautical product or any class of aircraft or aeronautical products may endanger persons or property and that prompt action is necessary to prevent the danger, the Director‑General of Civil Aviation may do all or any of the following:
Director-General of Civil Aviation
“Director-General of Civil Aviation” means the Chief Executive of the Authority and includes any individual appointed by the Authority to act in the place of the Chief Executive;
prohibit or impose conditions on the operation of the aircraft or all aircraft of that class;
prohibit or impose conditions on the use of the aeronautical product or aeronautical products of that class;
detain particular aircraft or seize particular aeronautical products where necessary in order to prevent their operation or use.
Where the Director-General of Civil Aviation believes on reasonable grounds that the operation or use of any aircraft or aeronautical product or any class of aircraft or aeronautical products may endanger persons or property and notifies the Authority, the Authority may do all or any of the following:
aircraft
“aircraft” means any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth;
detain the aircraft or any aircraft of that class;
seize the aeronautical product or any aeronautical products of that class;
prohibit or impose conditions on the operation of the aircraft or aircraft of that class, or the use of any aeronautical product or any aeronautical products of that class.
Any detention or seizure under subsection (1) or (2) must be maintained for only such time as is necessary in the interest of safety; but, if any aircraft, aeronautical products, or parts thereof are required for the purpose of evidence in any prosecution under this Act, those aircraft, aeronautical products, or parts thereof may be retained by the Director‑General of Civil Aviation or the Authority for any period that the Director‑General of Civil Aviation or the Authority (as the case may be) considers necessary for that purpose.
The Director-General of Civil Aviation or the Authority (as the case may be) must, if requested by the owner or the person for the time being in charge of an aircraft detained or an aeronautical product seized under subsection (1) or (2) (as the case may be) provide in writing to the owner or that person the reasons for the detention or seizure.
aeronautical product
“aeronautical product” means anything that comprises or is intended to comprise any part of an aircraft or that is or is intended to be installed in or fitted or supplied to an aircraft, and includes fuel and other consumable items necessary for the operation of the aircraft;
Any person who is aggrieved by any decision of the Director‑General of Civil Aviation or the Authority under this section may appeal to the Minister in the manner prescribed by such order made under such aviation safety subsidiary legislation as is applicable; and the Minister’s decision on appeal is final.
aviation safety subsidiary legislation
“aviation safety subsidiary legislation” means any order made under section 8 or any regulations made under section 9;
For the purpose of subsections (1) and (2), the Director‑General of Civil Aviation or the Authority (as the case may be) must notify any prohibitions or conditions to any persons that the Director‑General of Civil Aviation or the Authority considers necessary by any means of communication, whether or not of a permanent nature, that he or she or it considers appropriate in the circumstances.[4L