CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.190 Goods for use in emergency services

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.190

    Regulations   92.020, 92.025, 92.030 and 92.035 do not apply to the consignment for carriage, or to the carriage, of dangerous goods on an aircraft if:

  (a)   the aircraft:

  (i)   is unpressurised; and

  (ii)   has an approved passenger seat configuration of less than 10 seats; and

  (iii)   is operating in Australian territory; and

  (iv)   is operating for the sole purpose of carrying people engaged in emergency services work and their essential equipment (including the goods) to a place where they intend to undertake emergency service work, or of recovering them from such a place; and

  (b)   where the aircraft is a helicopter--any static electric charge that it carries is discharged before the people or their equipment are loaded or unloaded; and

  (c)   the goods:

  (i)   are limited to dangerous goods of the following kinds:

  (A)   goods classified in Division   1.4 (certain explosives);

  (B)   gases classified in Division   2.1 or 2.2;

  (C)   flammable liquids (Class 3);

  (D)   goods classified in Division   4.1 (flammable solids);

  (E)   goods classified in Class 9 (miscellaneous dangerous goods);

  (F)   corrosives (Class 8); and

  (ii)   are in a proper condition for carriage by air; and

  (iii)   are not used on the aircraft; and

  (iv)   if classified in Class 3:

  (A)   are packaged in accordance with the Technical Instructions; and

  (B)   are stowed and secured on the aircraft to prevent leakage or damage during the flight; and

  (d)   the aircraft's pilot - in - command is told that the goods are on board, and where they are on the aircraft, and consents to them being carried on the aircraft; and

  (e)   only the aircraft's crew and persons associated with the goods are carried on board the aircraft; and

  (f)   the operator establishes safety and emergency procedures for the carriage of the dangerous goods; and

  (g)   where the flight is being conducted by a commercial operator--the operator 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 operator's operations manual contains detailed instructions in relation to those procedures.

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 .