CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.050 Commercial foreign aircraft operators--conditions to which carriage of dangerous goods is subject

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.050

  (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 foreign aircraft operator may carry dangerous goods (other than goods required to be carried on board the aircraft by the law of the Contracting State in which the aircraft is registered, or goods carried on board the aircraft for use or sale during flight) on a foreign 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:

  (i)   the Technical Instructions; or

  (ii)   if the law of the Contracting State in which the aircraft is registered imposes requirements about a dangerous goods manual--that law; 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 .