CIVIL AVIATION ACT 1988 - SECT 23 Dangerous goods

CIVIL AVIATION ACT 1988 - SECT 23

  (1)   An aircraft must not carry dangerous goods except:

  (a)   in accordance with the regulations, including any conditions subject to which the regulations permit the carriage of those goods; or

  (ab)   in accordance with the Aviation Transport Security Regulations   2005 , including any conditions subject to which those regulations permit the carriage of those goods; or

  (b)   with the written permission of CASA and in accordance with any conditions specified in the permission.

  (2)   A person must not carry or consign for carriage any dangerous goods on board an aircraft except:

  (a)   in accordance with the regulations, including any conditions subject to which the regulations permit the carriage or consignment of those goods; or

  (ab)   in accordance with the Aviation Transport Security Regulations   2005 , including any conditions subject to which those regulations permit the carriage or consignment of those goods; or

  (b)   with the written permission of CASA and in accordance with any conditions specified in the permission.

Penalty:   Imprisonment for 7 years.

  (2AA)   A person must not carry or consign for carriage any goods on board an aircraft and be negligent as to whether the goods are dangerous goods, except:

  (a)   in accordance with the regulations, including any conditions subject to which the regulations permit the carriage or consignment of those goods; or

  (b)   in accordance with the Aviation Transport Security Regulations   2005 , including any conditions subject to which those regulations permit the carriage or consignment of those goods; or

  (c)   with the written permission of CASA and in accordance with any conditions specified in the permission.

Penalty:   Imprisonment for 2 years.

  (2A)   A person must not carry or consign for carriage any dangerous goods on board an aircraft, except:

  (a)   in accordance with the regulations, including any conditions subject to which the regulations permit the carriage or consignment of those goods; or

  (ab)   in accordance with the Aviation Transport Security Regulations   2005 , including any conditions subject to which those regulations permit the carriage or consignment of those goods; or

  (b)   with the written permission of CASA and in accordance with any conditions specified in the permission.

Penalty:   Imprisonment for 2 years.

  (2B)   An offence under subsection   ( 2A) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (3)   In this section:

"dangerous goods" means:

  (a)   explosive substances; and

  (b)   things:

  (i)   which by reason of their nature are liable to endanger the safety of an aircraft or persons on board an aircraft; or

  (ii)   which the regulations declare to be dangerous goods.

  (3A)   Regulations made for the purposes of subparagraph   ( b)(ii) of the definition of dangerous goods in subsection   ( 3) may apply, adopt or incorporate (with or without modification) the Dangerous Goods List contained in the Technical Instructions for the Safe Transport of Dangerous Goods by Air, approved and published by decision of the Council of the International Civil Aviation Organisation, as in force from time to time.

  (4)   Nothing in this section prevents the carriage and use on aircraft of signalling apparatus and other apparatus necessary for the operation or navigation of the aircraft or the safety of the crew or passengers.