21 Power of Director to detain aircraft, seize aeronautical products, and
impose prohibitions and conditions
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(1) Where the Director 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, the Director may, if authorised by
a warrant given by a judicial officer on written application on oath, do all or
any of the following:
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(a) detain the aircraft or any aircraft of that class:
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(b) seize the aeronautical product or any aeronautical products of that class:
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(c) 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.
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(2) Where the Director 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 may do all or any of the following:
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(a) prohibit or impose conditions on the operation of the aircraft or all aircraft of that class:
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(b) prohibit or impose conditions on the use of the aeronautical product or
aeronautical products of that class:
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(c) detain particular aircraft or seize particular aeronautical products where
necessary in order to prevent their operation or use.
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(3) Any detention or seizure under subsection (1) or subsection (2) shall be maintained for only such time as is necessary in the interest of safety; but, if aircraft,
aeronautical products, or parts thereof are required for the purpose of evidence
in any prosecution under this Act those aircraft, products, or parts thereof may
be retained by the Director for such period as the Director considers necessary
for that purpose.
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(4) The Director shall, 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), provide in writing to the owner or that person the reasons for the
detention or seizure.
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(5) Any person in respect of whom any decision is taken under this section may
appeal against that decision to the District Court under section 66.
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(6) For the purpose of subsections (1) and (2), the Director shall notify any prohibitions or conditions to such persons as he or she considers necessary by such
means of communication, whether or not of a permanent nature, as the Director
considers appropriate in the circumstances.