Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p68
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 68/76)
Character Range: 2008789–2011554

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 such an aircraft, only if the operator:
 (a) has a dangerous goods manual in accordance with:
 (i) the Technical Instructions; or
 (ii) if the law of the Contracting State in which the aircraft is registered imposes requirements about a dangerous goods manual—that law; 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.

92.055  Dangerous goods manual—requirements applicable to all operators
 (1) An operator's dangerous goods manual may be incorporated in the operator's operations manual or any other manual maintained by the operator that deals with the handling or carriage of cargo.
 (2) Subregulations (3), (4) and (5) set out, for the purposes of subsections 23(1), (2) and (2A) of the Act, conditions 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.
 (3) An operator must make a copy of its dangerous goods manual available, in a readily accessible place:
 (a) in the case of an Australian operator—to each of the operator's employees whose duties and responsibilities are related to the handling or carriage of cargo; or
 (b) in any other case—to:
 (i) any of the operator's employees in Australia whose duties and responsibilities are related to the handling or carriage of cargo; and
 (ii) any employees of its ground handling agent in Australia whose duties and responsibilities are related to the handling or carriage of cargo.
 (4) An operator must take all reasonable steps to ensure that the handling and carriage of dangerous goods is in accordance with the procedures and instructions in, or referred to in, its dangerous goods manual.
 (5) An operator must take all reasonable steps to ensure that each of the operator's employees is made aware of the contents of the operator's dangerous goods manual so far as it is applicable and relevant to the employee's duties before the employee first performs those duties.

92.065  Commercial operators—reporting of dangerous goods incidents
 (1) Subregulation (2) 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