Document ID: chunk:federal_register_of_legislation:C2018C00156:section:23
Version: federal_register_of_legislation:C2018C00156
Segment Type: section
Provision Reference: s 23
Character Range: 29422–31395

23  Dangerous goods—general
 (1) A person must not:
 (a) carry or place dangerous goods on board a Division 3 aircraft; or
 (b) deliver dangerous goods to anyone else with the intention of placing the goods on board such an aircraft; or
 (c) have dangerous goods in his or her possession on board such an aircraft.
Penalty: Imprisonment for 10 years.
 (2) Subsection (1) does not apply to:
 (a) anything done with the consent of the owner or operator of the aircraft given with knowledge of the nature of the goods concerned; or
 (b) the carrying or placing of dangerous goods, on board an aircraft with permission granted under the Air Navigation Act 1920 or regulations made under that Act, the Aviation Transport Security Act 2004 or regulations made under that Act, or the Civil Aviation Act 1988 or regulations made under that Act; or
 (c) in the case of a Commonwealth aircraft (other than one being used for commercial transport operations)—the carrying or placing of dangerous goods on board the aircraft by:
 (i) a person appointed or engaged under the Public Service Act 1999, in the performance of his or her duties; or
 (ii) an officer of, or a person employed by, an authority of the Commonwealth in the performance of his or her duties; or
 (iii) a person acting in accordance with the instructions of such an officer or person given in the performance of his or her duties; or
 (d) in the case of a defence aircraft—the carrying or placing of dangerous goods on board the aircraft by:
 (i) a member of the Defence Force in the performance of his or her duties; or
 (ii) a person acting in accordance with the instructions of such a member given in the performance of the member's duties.
 (3) For the purposes of an offence against paragraph (1)(a), (b) or (c), absolute liability applies to the physical element of circumstance of the offence, that the aircraft is a Division 3 aircraft.
Note: For absolute liability, see section 6.2 of the Criminal Code.