Document ID: chunk:federal_register_of_legislation:C2024C00556:section:23:p1
Version: federal_register_of_legislation:C2024C00556
Segment Type: section
Provision Reference: s 23 (pt 1/2)
Character Range: 53708–56611

23  Dangerous goods
 (1) An aircraft must not carry dangerous goods except:
 (a) in accordance with the regulations, including any conditions subject to which the regulations permit the carriage of those goods; or
 (ab) in accordance with the Aviation Transport Security Regulations 2005, including any conditions subject to which those regulations permit the carriage of those goods; or
 (b) with the written permission of CASA and in accordance with any conditions specified in the permission.
 (2) A person must not carry or consign for carriage any dangerous goods on board an aircraft except:
 (a) in accordance with the regulations, including any conditions subject to which the regulations permit the carriage or consignment of those goods; or
 (ab) in accordance with the Aviation Transport Security Regulations 2005, including any conditions subject to which those regulations permit the carriage or consignment of those goods; or
 (b) with the written permission of CASA and in accordance with any conditions specified in the permission.
Penalty: Imprisonment for 7 years.
 (2AA) A person must not carry or consign for carriage any goods on board an aircraft and be negligent as to whether the goods are dangerous goods, except:
 (a) in accordance with the regulations, including any conditions subject to which the regulations permit the carriage or consignment of those goods; or
 (b) in accordance with the Aviation Transport Security Regulations 2005, including any conditions subject to which those regulations permit the carriage or consignment of those goods; or
 (c) with the written permission of CASA and in accordance with any conditions specified in the permission.
Penalty: Imprisonment for 2 years.
 (2A) A person must not carry or consign for carriage any dangerous goods on board an aircraft, except:
 (a) in accordance with the regulations, including any conditions subject to which the regulations permit the carriage or consignment of those goods; or
 (ab) in accordance with the Aviation Transport Security Regulations 2005, including any conditions subject to which those regulations permit the carriage or consignment of those goods; or
 (b) with the written permission of CASA and in accordance with any conditions specified in the permission.
Penalty: Imprisonment for 2 years.
 (2B) An offence under subsection (2A) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3) In this section:
dangerous goods means:
 (a) explosive substances; and
 (b) things:
 (i) which by reason of their nature are liable to endanger the safety of an aircraft or persons on board an aircraft; or
 (ii) which the regulations declare to be dangerous goods.
 (3A) Regulations made for the purposes of subparagraph (b)(ii) of the definition of dangerous goods in subsection (3) may apply, adopt or incorporate (with or without modification)