Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p89
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 89/133)
Character Range: 284932–287608

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 loading, the person does not have a security declaration for the cargo.
Penalty:
 (a) if the person is an AACA—50 penalty units; or
 (b) in any other case—100 penalty units.
 (2) A person (the first person) commits an offence of strict liability if:
 (a) the first person is a loading person; and
 (b) the first person enters into an arrangement with another person to load cargo onto a prescribed aircraft; and
 (c) the other person is not a loading person; and
 (d) at the time of loading, the first person does not have a security declaration for the cargo.
Penalty for a contravention of subregulation (2):
 (a) if the first person is an AACA—50 penalty units; or
 (b) in any other case—100 penalty units.
 (3) In this instrument:
loading person means:
 (a) an AACA; or
 (b) an aircraft operator of a prescribed air service; or
 (c) a known consignor; or
 (d) a RACA.

4.41H  Offence—failing to keep records of security declaration
  A person commits an offence of strict liability if:
 (a) the person is or was a known consignor, a RACA or a cargo examining aircraft operator; and
 (b) the person has, in that capacity, issued a security declaration for cargo; and
 (c) the person does not keep a record of the declaration for 90 days after issuing the declaration.
Penalty: 50 penalty units.

Subdivision 4.1A.1A—Examination notices

4.41J  Examination notices
 (1) This regulation is made for the purposes of subsection 44C(3) of the Act.
 (2) The Secretary may make a written notice (an examination notice) that sets out requirements in relation to how cargo that is to be loaded onto an aircraft must be examined by a RACA or cargo examining aircraft operator.
 (3) Without limiting subregulation (2), an examination notice may include one or more of the following:
 (a) the types of cargo that must be examined in accordance with the notice;
 (b) the methods, techniques and equipment to be used for examination;
 (c) the places where examination is to be conducted;
 (d) who may conduct the examination;
 (e) the things to be detected by examination;
 (f) the procedures for dealing with cargo that has been examined;
 (g) the records that must be kept about examination;
 (h) any other matter the Secretary considers relevant.
 (5) The Secretary must give an examination notice to a RACA or cargo examining aircraft operator if the notice provides that the notice is to be given to the RACA or operator and the Secretary