Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p67
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 67/76)
Character Range: 2006223–2009010

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.

92.045  Dangerous goods manual—Australian aircraft operators
 (1) An Australian aircraft operator's dangerous goods manual must:
 (a) set out the procedures and instructions for the handling and carriage of dangerous goods on the operator's aircraft; or
 (b) specify where those procedures and instructions can be found.
 (2) The operator must have, and must use, an appropriate amendment system to keep all the copies of the manual up‑to‑date.

92.050  Commercial foreign aircraft operators—conditions to which carriage of dangerous goods is subject
 (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