Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p88
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 88/133)
Character Range: 282393–285175

states that the cargo does not contain an unauthorised explosive.

4.41F  Offence—issuing a security declaration in certain circumstances

Known consignors
 (1) A known consignor commits an offence of strict liability if:
 (a) the known consignor issues a security declaration for cargo; and
 (b) the Secretary has not issued a notice under subparagraph 44B(2)(b)(i) of the Act in relation to the cargo; and
 (c) the cargo did not originate with the known consignor.
Penalty: 100 penalty units.
 (2) A known consignor commits an offence of strict liability if:
 (a) the known consignor issues a security declaration for cargo; and
 (b) the known consignor has not handled the cargo in accordance with the known consignor security program in force for the known consignor.
Penalty: 100 penalty units.

RACAs
 (3) A RACA commits an offence of strict liability if:
 (a) the RACA issues a security declaration for cargo; and
 (b) the Secretary has not issued a notice under subparagraph 44B(2)(b)(i) of the Act in relation to the cargo; and
 (c) the RACA has not examined the cargo in accordance with an examination notice given to the RACA.
Penalty: 100 penalty units.
 (4) A RACA commits an offence of strict liability if:
 (a) the RACA issues a security declaration for cargo; and
 (b) the RACA has not handled the cargo in accordance with the RACA security program in force for the RACA.
Penalty: 100 penalty units.

Cargo examining aircraft operators
 (5) A cargo examining aircraft operator commits an offence of strict liability if:
 (a) the operator issues a security declaration for cargo; and
 (b) the Secretary has not issued a notice under subparagraph 44B(2)(b)(i) of the Act in relation to the cargo; and
 (c) the operator has not examined the cargo in accordance with an examination notice given to the operator.
Penalty: 100 penalty units.
 (6) A cargo examining aircraft operator commits an offence of strict liability if:
 (a) the operator issues a security declaration for cargo; and
 (b) the operator has not handled the cargo in accordance with the TSP in force for the operator.
Penalty: 100 penalty units.

Persons other than known consignors, RACAs and cargo examining aircraft operators
 (7) A person commits an offence of strict liability if:
 (a) the person purports to issue a security declaration, except a foreign consignment security declaration, for cargo; and
 (b) the person is not a known consignor, a RACA or a cargo examining aircraft operator.
Penalty for a contravention of subregulation (7): 50 penalty units.

4.41G  Offence—loading cargo without security declaration
 (1) A person commits an offence of strict liability if:
 (a) the person is a loading person; and
 (b) the person loads cargo onto a prescribed aircraft; and
 (c) at the time of