CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.040 Commercial Australian aircraft operators--conditions for carriage of dangerous goods--dangerous goods manual

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.040

  (1)   This regulation sets out, for the purposes of subsections   23(1), (2) and (2A) of the Act, a condition of the carriage of dangerous goods on an aircraft.

Note:   Under subsections   23(1), (2) and (2A) of the Act, dangerous goods must not be carried on an aircraft except in accordance with these Regulations.

  (2)   A commercial Australian aircraft operator may carry dangerous goods (other than dangerous goods to which subregulation   (3) applies) on an Australian aircraft operated by the operator, or permit such goods to be carried on such an aircraft, only if the operator:

  (a)   has a dangerous goods manual in accordance with regulation   92.045; and

  (b)   complies with regulation   92.055.

Note:   This regulation creates a defence to the offences created by subsections   23(2) and (2A) of the Act. A defendant charged with either of those offences bears an evidential burden in relation to the matters set out in this regulation--see subsection   13.3(3) of the Criminal Code .

  (3)   This subregulation   applies to:

  (a)   dangerous goods required to be carried on board the aircraft by a law in force in Australia (including the Civil Aviation Orders); and

  (b)   dangerous goods carried on board the aircraft for use or sale on the aircraft during a flight;

but does not apply to any of the following kinds of dangerous goods:

  (c)   goods of the operator intended as replacements for dangerous goods referred to in paragraph   (a) or (b); or

  (d)   the operator's goods, of a kind referred to in paragraph   (a) or (b), that have been removed for replacement;

  (e)   dangerous goods permitted, under these Regulations, to be carried in passengers' checked baggage or carry - on baggage;

  (f)   goods intended to be used to provide, during flight:

  (i)   medical aid to a patient; or

  (ii)   veterinary aid or a humane killer for an animal; or

  (iii)   aid in connection with search and rescue operations;

  (g)   goods for dropping in connection with forestry, horticultural, or pollution - control activities.