(1) Where a person is convicted on indictment of an Offence referred to in section 40(k)(m) or (l) in relation to the operation of a commercial air service, the court may, in addition to any other punishment it may impose, order that any aircraft used in the commercial air service be forfeited and, on the making of such an order, the aircraft is forfeited to the Crown.
(2) Any person other than a person convicted of an offence under subsection (1), who claims an interest in an aircraft forfeited under that subsection may, within 60 days after the forfeiture, apply to a Judge in Chambers of the High Court for an order under subsection (4).
(3) Where, on the hearing of an application, the judge is satisfied that the person:
(a) is innocent of any complicity in the offence that resulted in the forfeiture and of any collusion in relation to the offence with the person convicted thereof; and
(b) exercised reasonable care to satisfy himself that the aircraft concerned was not likely to be used in contravention of the provision, the person is entitled to an order by the judge in respect of the applicant's interest in the application.
(4) The Minister shall, on application made to him or her by any person who has obtained an order under subsection (3) direct that:
(a) the aircraft to which the interest of the person relates be returned to him or her; or
(b) an amount equal to the value of the interest of the person, as declared in the order, be paid to such person.
(5) Where no application is made under this section for an order in relation to an interest in a forfeited aircraft or an application is made and the judge or, on appeal, the court refuses to make an order referred to in subsection (3), the aircraft shall be disposed of in such manner as the Minister may direct.