CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.160 Aircraft operated by law enforcement authorities

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.160

  (1)   Regulations   92.020, 92.025, 92.030 and 92.035 do not apply to the carriage of dangerous goods by an Australian aircraft, or by a person on an Australian aircraft, operated by an Australian law enforcement authority if:

  (a)   the aircraft is performing an operation solely for law enforcement purposes within Australian territory; and

  (b)   the goods are not of a kind that is forbidden for transport by air under any circumstances by the Technical Instructions; and

  (c)   the goods are in a proper condition for carriage by air and are stowed and secured safely in the aircraft, and the aircraft's pilot - in - command is told before the flight what the goods are and where they are on board the aircraft; and

  (d)   the authority has a dangerous goods manual that complies with regulation   92.055, has established safety and emergency procedures for the goods, and that manual or the authority's operations manual contains detailed instructions in relation to those procedures; and

  (e)   only persons essential to the operation are carried on the aircraft while the goods are on board the aircraft.

  (2)   For subregulation   (1), the Australian law enforcement authorities are the following:

  (a)   the Australian Federal Police;

  (b)   the Australian Border Force (within the meaning of the Australian Border Force Act 2015 );

  (c)   the Department administered by the Minister administering Part   1 of Chapter   8 of the Biosecurity Act 2015 ;

  (d)   the police force or police service of a State or the Northern Territory.

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 .