CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.070 Dangerous goods statement (Act s 23A)

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.070

  (1)   A person who, in the circumstances specified in subregulation   (3), consigns cargo for carriage on board an aircraft (including a freight forwarder that does so in the course of business as a freight forwarder) must make and sign a written statement that:

  (a)   is to the effect that the cargo does not contain dangerous goods; or

  (b)   describes the contents of the cargo.

Note:   Consigning cargo without making the required statement is an offence--see the Act, subsection   23A(2). Knowingly making a false or misleading statement is also an offence--see the Criminal Code , section   137.1.

  (2)   The reference in subregulation   (1) to consigning cargo for carriage on board an aircraft includes consigning cargo in circumstances such that there is a possibility that the cargo may, during its journey, be carried on an aircraft.

  (3)   For subsection   23A(1) of the Act and subregulation   (1), all circumstances other than those mentioned in subregulation   (4) are specified.

  (4)   The circumstances in which subregulation   (1) does not apply are the following:

  (a)   the cargo was consigned from a place outside Australia;

  (b)   the cargo is checked baggage that is to be carried on the same aircraft as the person who checked the baggage;

  (c)   the cargo is:

  (i)   a postal article (within the meaning of the Australian Postal Corporation Act 1989 ) that is in the course of carriage by air; or

  (ii)   a document being sent between service centres of a document exchange service (within the meaning given by that Act);

    and:

  (iii)   weighs no more than 500 grams; and

  (iv)   is no more than 20 millimetres thick; and

  (v)   is no longer than 360 millimetres; and

  (vi)   is no wider than 260 millimetres;

  (d)   the cargo is dangerous goods that have been marked and documented in accordance with this Part.

  (5)   Subregulation (6) 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, an aircraft must not carry dangerous goods except in accordance with these Regulations.

  (6)   Except in the circumstances mentioned in subregulation   (4), the operator of an aircraft must not allow an item of cargo to be placed on board the aircraft unless the operator has been given a statement about the item in accordance with subregulation   (1).