Civil Aviation Regulations (Amendment) (Cth)
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I, THE GOVERNOR-GENERAL
of the Commonwealth of Australia, acting with the advice of the Federal
Executive Council, make the following Regulations under the
Dated 5 December, 1991.
Governor-General
By His Excellency’s Command,
BOB COLLINS.
Minister of State for Shipping and Aviation Support
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1.1 These Regulations commence on 1 January 1992.
2.1 The Civil Aviation Regulations are amended as set out in these Regulations.
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3.1 Subregulation 134 (1):
After paragraph 134 (1) (b), insert:
“(ba) flying the aircraft at an airshow or other air display;
(bb) conducting a training flight in the aircraft;
(bc) carrying passengers on a flight of the aircraft, being a flight that:
(i) begins at a particular place and ends at the same place without the aircraft landing at any other place during the flight; and
(ii) is not for a purpose specified in regulation 206;”.
4.1 Subregulation 256a (1):
Omit the subregulation, substitute:
“(1) Subject to subregulation (8), the operator of an aircraft must not permit a live animal to be in the aircraft unless:
(a) the animal is in a container and is carried in accordance with this regulation; or
(b) the animal is carried with the written permission of the Authority and in accordance with any conditions specified in the permission.”.
4.2 Subregulation 256a (5):
Omit “Except with the written permission of the Authority, a container”, substitute “A container”.
5.1 Subregulation 260 (2):
Add at the foot of the subregulation:
“Penalty: $1, 000.”.
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6.1 After regulation 262, insert the following Part:
“262a. This Part applies in relation to the carriage, or consignment for carriage, of dangerous goods on Australian aircraft or on foreign aircraft within Australian territory.
“262b. In this Part, unless the contrary intention appears:
(a) occurs in the course of dangerous goods being carried, or consigned for carriage, on an aircraft; and
(b) results in:
(i) a fatal or serious injury to a person; or
(ii) serious damage to the aircraft or any cargo carried on the aircraft;
‘
(a) results in:
(i) the escape of smoke or flames from the container or package in which the dangerous goods are contained; or
(ii) breakage of the container or package in which the dangerous goods are contained; or
(iii) the escape of dangerous goods from the container or package in which they are contained; or
(iv) leakage of fluid or radiation from the container or package in which the dangerous goods are contained;
or
(b) seriously jeopardises, or is likely to seriously jeopardise, an aircraft or its occupants;
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(a) a person who performs services for, or on behalf of, the freight forwarder, operator or shipper; and
(b) an employee of that person;
“262c. For the purposes of subparagraph (b) (ii) of the definition of
Examples of things specified in the Dangerous Goods List as dangerous goods are set out in Table A and Table B. The examples are not exhaustive. For the full list of dangerous goods readers must refer to the Dangerous Goods List in the Technical Instructions.
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EXAMPLES OF THINGS SPECIFIED IN THE DANGEROUS GOODS LIST AS DANGEROUS GOODS
. ammunition | |
. cartridges for weapons | |
. fireworks | |
. flares | |
. rocket motors | |
. aerosols (flammable and non-flammable) | |
| |
. cigarette lighters (containing flammable gas) | |
. insecticide gases | |
. nitrogen (refrigerated liquid) | |
. propane | |
. acetone | |
. adhesives containing flammable liquid | |
. alcohols | |
. benzene and motor spirit | |
. cigarette lighters (with lighter fluids) | |
. paint (liquid, flammable) | |
. calcium carbide | |
. matches (safety) (book, card or strike on box) | |
. paper (unsaturated oil treated and incompletely dried) (includes carbon paper) | |
. films (nitrocellulose base) | |
. sodium | |
. seed cake |
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. chlorate and borate mixtures | |
. hydrogen peroxide (aqueous solutions) | |
. organic peroxides | |
. polyester resin kits | |
. silver nitrate | |
. sodium nitrate | |
. alkaloids (liquid and solid) or alkaloid salts (liquid and solid) | |
. chloroform | |
. cyanides (inorganic) and cyanide solutions | |
. infectious substances (affecting humans and animals) | |
. mercury compounds (liquid and solid) | |
. pesticides (liquid and solid, toxic) | |
. phenol solutions and phenol solid | |
. radioactive material (fissile) | |
. radioactive material (low specific activity) | |
. uranyl nitrate (solid) | |
. batteries (wet, filled with acid or alkali) | |
. disinfectants (corrosive, liquid) | |
. dyes (liquid and solid) (corrosive) | |
. fire extinguisher charges (corrosive liquid) | |
. mercury and mercury contained in manufactured articles | |
. nitric acid |
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. cosmetics containing: | |
| |
| |
| |
in small inner packagings | |
. carbon dioxide (solid) (dry ice) | |
. drugs or medicines containing: | |
| |
| |
| |
| |
in small inner packagings | |
. engines (internal combustion) | |
. heat producing articles (battery operated equipment such as underwater torches or soldering equipment which, if accidentally activated, will generate extreme heat and can cause fire) | |
. magnetised material |
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EXAMPLES OF THINGS SPECIFIED IN THE DANGEROUS GOODS LIST THE CARRIAGE OR CONSIGNMENT OF WHICH ON BOARD AN AIRCRAFT IS FORBIDDEN
. coal briquettes (hot)
. fulminic acid
. hydrogen cyanide (unstabilised)
. lead azide (dry)
. phosphorus (white or red) and chlorate mixtures
. security type attache cases incorporating dangerous goods (for example, lithium batteries or pyrotechnic material)
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“262d. For the purposes of paragraph 23 (1) (a) of the Act, an aircraft is permitted to carry dangerous goods only in accordance with the Technical Instructions and subject to the conditions set out in regulations 262f, 262j and 262k.
“262e. (1) For the purposes of paragraph 23 (2) (a) of the Act, a person is permitted to carry, or consign for carriage, dangerous goods on board an aircraft only in accordance with the Technical Instructions and subject to the conditions set out in regulations 262f, 262j and 262k.
[
“(2) For the purposes of paragraph 23 (2a) (a) of the Act, a person is permitted to carry, or consign for carriage, dangerous goods on board an aircraft only in accordance with the Technical Instructions and subject to the conditions set out in regulations 262f, 262j and 262k.
[
[
Information about the carriage, or consignment for carriage, of dangerous goods on aircraft including:
• the classification of things as dangerous goods in the Technical Instructions;
• the categories of dangerous goods which an aircraft may not carry;
• the manner in which dangerous goods are to be packed, marked, labelled and loaded on an aircraft;
• the documents relating to the carriage, or consignment for carriage, of dangerous goods on an aircraft;
may usually be obtained from airlines and from freight forwarders handling, or involved in handling, dangerous goods in the course of the goods being carried, or consigned for carriage, on an aircraft.]
“262f. (1) This regulation only applies to an operator engaged in commercial operations.
“(2) A permission under regulation 262d or 262e is subject to the conditions that an operator engaged in commercial operations must:
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(a) not carry dangerous goods, or allow dangerous goods to be carried, on an aircraft unless the operator has a dangerous goods manual; and
(b) comply with the requirements relating to a dangerous goods manual under regulation 262g; and
(c) if the Authority issues written directions to the operator under regulation 262h in relation to the contents, distribution and revision of a dangerous goods manual—comply with those directions.
“262g. (1) For the purposes of paragraph 262f (2) (b), each of the following requirements relating to a dangerous goods manual must be complied with:
(a) a dangerous goods manual must contain instructions for the handling of dangerous goods carried, or consigned for carriage, on the operator’s aircraft;
(b) an operator must make copies of the dangerous goods manual available to all employees whose duties are related to the acceptance, handling and carriage of cargo by, or on behalf of, the operator;
(c) an operator must keep the dangerous goods manual up-to-date;
(d) an operator must provide an amendment system for keeping the dangerous goods manual up-to-date.
“(2) An operator may incorporate the dangerous goods manual in the operator’s operations manual or any other manual maintained by the operator that relates to the acceptance, handling or carriage of cargo.
“262h. (1) The Authority may, for the purposes of paragraph 262f (2) (c), issue directions to an operator engaged in commercial operations in relation to the contents, distribution and revision of a dangerous goods manual.
“(2) A direction is not binding on a person unless it has been served on the person.
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“262j. (1) This regulation only applies to an operator.
“(2) A permission under regulation 262d or 262e is subject to the condition that if a dangerous goods incident occurs, an operator must report the incident in writing to the Authority within 2 working days after the incident occurs.
“262k. (1) This regulation only applies to operators, freight forwarders or regular shippers of dangerous goods.
“(2) A permission under regulation 262d or 262e is subject to the condition that an operator, a freight forwarder or a regular shipper of dangerous goods must maintain an up-to-date record of:
(a) the names of employees who undertake training in accordance with regulation 262p, 262q or 262r; and
(b) the name of the person responsible for conducting the training; and
(c) the date or the dates on which the training is conducted.
“262m. (1) For the purposes of section 23a of the Act and subject to regulation 262n, a person who consigns cargo for carriage on board an aircraft must make a written statement that:
(a) states that the cargo does not contain dangerous goods; or
(b) describes the contents of the cargo.
“(2) Subregulation (1) does not apply in relation to cargo that is:
(a) baggage that is to be carried on the same aircraft as that on which the person is travelling; or
(b) personal effects of the person that the person carries on board the aircraft;
if the person is a passenger on board the aircraft or a crew member.
“(3) For the purposes of subregulation (1) and subject to subregulations (4) and (5), the Australian Postal Corporation is to be taken to be the person who consigns a postal article for carriage on board an aircraft within Australia.
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“(4) The Australian Postal Corporation is exempt from compliance with subregulation (1) when a postal article is consigned from a place outside Australia for delivery by air to a person in Australia.
“(5) Subregulation (1) does not apply in relation to a postal article that:
(a) does not weigh more than 500 grams; and
(b) is not more than 30 millimetres thick; and
(c) does not exceed a maximum length of 360 millimetres and a maximum width of 260 millimetres.
“(6) For the purposes of subregulation (1), a freight forwarder is to be taken to be a person who consigns cargo for carriage on board an aircraft.
“262n. If, in the course of cargo being consigned for carriage on an aircraft, a person delivers the cargo to the Australian Postal Corporation or a freight forwarder and provides a written statement that:
(a) states that the cargo does not contain dangerous goods; or
(b) describes the contents of the cargo;
the Australian Postal Corporation or the freight forwarder may make a written statement relating to that cargo for the purposes of subregulation 262m (1), on the faith of the statement provided by the person.
“262p. (1) For the purposes of subsection 23b (1) of the Act, an operator’s employee who:
(a) accepts cargo for carriage on an aircraft; or
(b) supervises a person who accepts cargo for carriage on an aircraft;
is required to undertake a training course, being a course that is applicable to the duties and responsibilities of the employee, in accordance with the syllabus of training that is set out in Part 1 of Schedule 4.
“(2) For the purposes of subsection 23b (1) of the Act, an operator’s employee who is not an employee referred to in subregulation (1) and who:
(a) handles, or supervises a person who handles, cargo before or after it is loaded on, or unloaded off, an aircraft; or
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(b) loads cargo on, or unloads cargo off, an aircraft, or supervises a person who loads cargo on, or unloads cargo off, an aircraft;
is required to undertake a training course in accordance with the syllabus of training that is set out in Part 2 of Schedule 4.
“(3) For the purposes of subsection 23b (1) of the Act, an operator’s employee who is a flight crew member is required to undertake a training course in accordance with the syllabus of training that is set out in Part 3 of Schedule 4.
“(4) For the purposes of subsection 23b (1) of the Act, an operator’s employee who:
(a) is a cabin attendant on an aircraft; or
(b) carries out duties relating to the handling and security screening of passengers carried on an aircraft;
is required to undertake a training course in accordance with the syllabus of training that is set out in Part 4 of Schedule 4.
“(5) This regulation does not apply to persons handling dangerous goods carried on an aircraft engaged in a private operation.
“262q. For the purposes of subsection 23b (1) of the Act, an employee of a regular shipper of dangerous goods, being an employee who:
(a) packs and consigns, or is involved in packing and consigning, dangerous goods for carriage, or consignment for carriage, on an aircraft; or
(b) supervises a person who packs and consigns dangerous goods for carriage, or consignment for carriage, on an aircraft;
is required to undertake a training course, being a course that is applicable to the duties and responsibilities of the employee, in accordance with the syllabus of training that is set out in Part 5 of Schedule 4.
“262r. (1) For the purposes of subsection 23b (1) of the Act, a freight forwarder’s employee who:
(a) accepts cargo consigned for carriage on an aircraft; or
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(b) supervises a person who accepts cargo consigned for carriage on an aircraft;
is required to undertake a training course, being a course that is applicable to the duties and responsibilities of the employee, in accordance with the syllabus of training that is set out in Part 1 of Schedule 4.
“(2) For the purposes of subsection 23b (1) of the Act, a freight forwarder’s employee who:
(a) handles, or is involved in handling, cargo consigned for carriage on an aircraft; or
(b) supervises a person who handles, or is involved in handling, cargo consigned for carriage on an aircraft;
is required to undertake a training course in accordance with the syllabus of training that is set out in Part 2 of Schedule 4.
“262s. (1) A person who is required to undertake a training course under subregulation 262p (1), (3) or (4) or 262r (1) or regulation 262q must undertake that training course at intervals of not more than 2 years.
“(2) A person who is required to undertake a training course under subregulation 262p (2) or 262r (2) must undertake that training course at intervals of not more than 3 years.
“262t. Details of a training course conducted for the purposes of subregulation 262p (1) or (3) or 262r (1) or regulation 262q must be approved by the Authority.
“262u. (1) The Authority may, by instrument in writing, exempt a person from compliance with subregulation 262m (1) or regulation 262p, 262q, 262r or 262s or a specified provision of those regulations.
“(2) Before exempting a person, the Authority must take into account any relevant considerations relating to the safe carriage, or consignment for carriage, of dangerous goods on an aircraft.
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“(3) An exemption is subject to the person exempted complying with such conditions (if any) as the Authority specifies in the instrument as being necessary in the interests of safety.
“(4) If the Authority decides not to exempt the person, the Authority must, as soon as practicable after making the decision, notify the person, in writing, of the decision and must include in the notice a statement of the reasons for the decision.
“262v. (1) If a person:
(a) carries on a business that relates to the manufacture, sale or purchase of dangerous goods; and
(b) regularly consigns dangerous goods for carriage on board an aircraft in the course of the business;
the Authority may, in writing, determine that the person is a regular shipper of dangerous goods.
“(2) If the Authority determines that a person is a regular shipper of dangerous goods, it must notify the person in writing of the determination.”.
7.1 After regulation 297, insert in Part XVIII:
“297a. (1) In this regulation:
(a) a refusal by the Authority to exempt a person under subregulation 262u (1); or
(b) a determination by the Authority under subregulation 262v (1) that a person is a regular shipper of dangerous goods.
“(2) Application may be made to the Administrative Appeals Tribunal for the review of a reviewable decision.
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“(3) If the Authority:
(a) makes a reviewable decision; and
(b) gives notice of the decision to a person whose interests are affected by the decision;
the Authority must include in the notice:
(c) a statement to the effect that, subject to the
Administrative Appeals Tribunal Act 1975 , application may be made to the Administrative Appeals Tribunal by, or on behalf of, any person whose interests are affected by the decision, for review of the decision; and(d) except where subsection 28 (4) of that Act applies—a statement to the effect that a person whose interests are affected by the decision may request a statement under section 28 of that Act.
“(4) The validity of a reviewable decision is not affected by a failure to comply with subregulation (3).”.
8.1 Item 1:
Omit “Regulation 49”.
9.1 After Schedule 3, insert the following Schedule:
This is the syllabus of training that is set out for the purposes of subregulations 262p (1) and 262r (1).
1. The requirements of the Act and the Regulations relating to the carriage, or consignment for carriage, of dangerous goods on an aircraft.
2. Definitions contained in the Technical Instructions relating to dangerous goods.
3. Units of measurement and conversion factors.
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4. Things specified as dangerous goods in the Dangerous Goods List contained in the Technical Instructions.
5. Things likely to be, or to contain, dangerous goods.
6. The classification of dangerous goods set out in the Technical Instructions.
7. Determining if dangerous goods offered for carriage, or consignment for carriage, on an aircraft are permitted to be carried on the aircraft, including the use of the Acceptance Check List referred to in the Technical Instructions.
8. The instructions contained in the Technical Instructions for the carriage of excepted and limited quantities of dangerous goods on an aircraft.
9. The responsibilities of an operator set out in the Technical Instructions.
10. The responsibilities of a shipper of dangerous goods set out in the Technical Instructions.
11. Variations from the Technical Instructions that have been notified by Contracting States and airline operators to the Council of the International Civil Aviation Organisation.
12. The instructions for packagings contained in the Technical Instructions.
13. The instructions contained in the Technical Instructions for packing, marking and labelling dangerous goods.
14. The procedures that are to be followed by an operator if a dangerous goods incident occurs, including the procedures for reporting a dangerous goods incident to the Authority.
15. The requirements set out in the Technical Instructions for dangerous goods to be separated from other dangerous goods and cargo.
16. Documents relating to the carriage of dangerous goods on an aircraft, including the form of advice to the pilot in command.
17. The instructions contained in an operator’s dangerous goods manual for the handling of dangerous goods carried, or consigned for carriage, on the operator’s aircraft.
This is the syllabus of training that is set out for the purposes of subregulations 262p (2) and 262r (2).
1. The classes of dangerous goods set out in the Technical Instructions and the dangers associated with each class.
2. Things likely to be, or to contain, dangerous goods.
3. The hazard, and handling, labels for each class of dangerous goods set out in the Technical Instructions.
4. Methods of handling dangerous goods, including the requirements set out in the Technical Instructions for dangerous goods to be separated from other dangerous goods and cargo.
5. The duties of employees in relation to the handling of dangerous goods carried, or consigned for carriage, on an aircraft.
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This is the syllabus of training that is set out for the purposes of subregulation 262p (3).
1. The requirements of the Act and the Regulations relating to the carriage, or consignment for carriage, of dangerous goods on an aircraft.
2. Definitions contained in the Technical Instructions relating to dangerous goods.
3. The responsibilities of an operator set out in the Technical Instructions, including the provision of information to the pilot in command in relation to the carnage of dangerous goods on the operator’s aircraft.
4. The duties of a crew member in relation to the carriage, or consignment for carriage, of dangerous goods on an aircraft.
5. The classification of dangerous goods set out in the Technical Instructions.
6. The hazard, and handling, labels for each class of dangerous goods set out in the Technical Instructions.
7. Things likely to be, or to contain, dangerous goods.
8. Procedures for loading dangerous goods on, and unloading dangerous goods off, an aircraft, including the requirements set out in the Technical Instructions for dangerous goods to be separated from other dangerous goods and cargo.
9. Procedures to be followed if a dangerous goods incident occurs on an aircraft.
10. The instructions contained in an operator’s dangerous goods manual for the handling of dangerous goods carried, or consigned for carriage, on the operator’s aircraft.
11. Exceptions set out in the Technical Instructions for dangerous goods carried on an aircraft by a passenger, a crew member or the operator of the aircraft.
12. Variations from the Technical Instructions that have been notified by Contracting States and airline operators to the Council of the International Civil Aviation Organisation.
This is the syllabus of training that is set out for the purposes of subregulation 262p (4).
1. The classes of dangerous goods set out in the Dangerous Goods List.
2. The hazard, and handling, labels for each class of dangerous goods set out in the Technical Instructions.
3. Things likely to be, or to contain, dangerous goods.
4. Exceptions set out in the Technical Instructions for dangerous goods carried on an aircraft by a passenger, a crew member or the operator of the aircraft.
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5. Methods of handling dangerous goods, including procedures to be followed if a dangerous goods incident occurs on an aircraft.
6. Variations from the Technical Instructions that have been notified by Contracting States and airline operators to the Council of the International Civil Aviation Organisation.
This is the syllabus of training that is set out for the purposes of regulation 262q.
1. The requirements of the Act and the Regulations relating to the carriage, or consignment for carriage, of dangerous goods on an aircraft.
2. Definitions contained in the Technical Instructions relating to dangerous goods.
3. Units of measurement and conversion factors.
4. The classification of dangerous goods set out in the Technical Instructions.
5. Things specified as dangerous goods in the Dangerous Goods list contained in the Technical Instructions.
6. The instructions contained in the Technical Instructions for packing, marking and labelling dangerous goods.
7. The instructions for packagings contained in the Technical Instructions.
8. The instructions contained in the Technical Instructions for the carriage of excepted and limited quantities of dangerous goods on an aircraft.
9. The requirements set out in the Technical Instructions for dangerous goods to be separated from other dangerous goods and cargo.
10. The instructions contained in the Technical Instructions for a Dangerous Goods Transport Document.
11. The responsibilities of a shipper of dangerous goods set out in the Technical Instructions.
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1. Notified in the
Commonwealth of Australia Gazette on12 December 1991.2. Statutory Rules 1988 No. 158 as amended by Statutory Rules 1988 Nos. 209, 373 and 376; 1989 Nos. 31 and 276; 1990 Nos. 100, 215, 216, 258, 260, 289, 310, 331, 332 and 466; 1991 Nos. 54, 147, 157, 247, 287, 382, and 409
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