CASA EX36/06 – Permission and exemption – dangerous goods and loose articles

Overview

The Civil Aviation Regulations 1988, amended in 2006 through F2006L02533, address the problem of ensuring the safe carriage of dangerous goods and loose articles, including military ammunition, during specific operations involving Bristow Helicopters Australia Pty Ltd and personnel deployed to the Solomon Islands. Enacted by the Parliament of Australia, this regulation aims to balance operational needs with stringent safety protocols. The policy objective is to permit the carriage of unloaded weapons and ammunition in the cabin under strict conditions to ensure safety, while also exempting the operator and personnel from certain regulatory requirements concerning loose articles. This exemption is contingent on the implementation of rigorous safety measures, including the confirmation of weapon status by the officer in command and the adherence to detailed operational procedures. The regulation is subject to parliamentary scrutiny and disallowance under the Legislative Instruments Act 2003, highlighting the importance of legislative oversight in safety-critical areas.

Scope and Application

The Civil Aviation Regulations 1988, under the Civil Aviation Act 1988, govern the transportation of dangerous goods and loose articles by aircraft, specifically focusing on ensuring the safety of air navigation. This legislation applies to aircraft operators, passengers, and crew members who are involved in commercial air operations within Australia's jurisdiction. The Act mandates that dangerous goods, including ammunition, must be carried in accordance with the Civil Aviation Safety Regulations 1998 or with the permission of the Civil Aviation Safety Authority (CASA). These regulations are in line with the ICAO Technical Instructions, which allow the carriage of ammunition only as checked baggage. Furthermore, CASA can issue directions regarding the loading of persons and goods on aircraft, with failure to comply constituting an offence. The exemption provided under the Civil Aviation Regulations 1988 allows certain aircraft operators, such as Bristow Helicopters Australia Pty Ltd, to carry unloaded weapons and ammunition in the cabin for specific missions, provided that stringent safety conditions are met, such as ensuring weapons are unloaded and ammunition is securely fastened before flight. This exemption is a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.

Key Provisions

The main operative sections of the Civil Aviation Regulations 1988, as amended, pertain to the carriage of dangerous goods and loose articles in aircraft. Section 23 of the Civil Aviation Act 1988 mandates that aircraft cannot carry dangerous goods, and persons cannot carry them on board, except as per the regulations or CASA’s permission (s 23). Additionally, Part 92 of the Civil Aviation Safety Regulations 1998 permits the carriage of dangerous goods in accordance with the ICAO Technical Instructions for the Safe Transport of Dangerous Goods (ICAO TIs). However, the carriage of ammunition is permitted only as checked baggage and not on the person or in the passenger compartment. Furthermore, subregulation 235(7) of the Civil Aviation Regulations 1988 allows CASA to provide directions concerning the loading of persons and goods on aircraft to ensure the safety of air navigation (s 235(7)). The failure to comply with these directions is an offence (s 235(7A)). Lastly, subregulation 308(1) of the Civil Aviation Regulations 1988 grants CASA the authority to exempt aircraft or persons from compliance with specified provisions of the regulations (s 308(1)). This exemption must be made considering relevant safety considerations and may be subject to conditions specified as necessary for safety (s 308(2) and (3)). The obligations and requirements imposed by the Act and regulations include ensuring that ammunition is carried only as checked baggage and not on the person or in the passenger compartment. The operator, Bristow Helicopters Australia Pty Ltd, and its personnel must adhere to strict protocols regarding the carriage of ammunition. Weapons must be unloaded and confirmed to be so by the officer in command before embarking on a flight. When personnel carry ammunition on their person, it must be secured in their webbing in the approved manner and confirmed to be so secured by the officer in command. The operator must include a standard operating procedure (SOP) in its operations manual, detailing the procedures to be followed in these operations, including emergency drills. Personnel must be briefed on this SOP before each flight. Offences and penalties for breach of these regulations are outlined in subregulation 235(7A) of the Civil Aviation Regulations 1988, which makes it an offence to fail to comply with CASA’s directions. The maximum penalties for such offences are not explicitly stated in the provided text, but generally, violations of civil aviation regulations can result in fines and other enforcement actions. Additionally, the exemption provided under subregulation 308(1) of the Civil Aviation Regulations 1988 is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003, as it is declared to be a disallowable instrument. The instrument is required for the safety and security of personnel and is in effect from 1 August 2006 until the earlier of the end of July 2008 or the cessation of Solomon Islands operations by the operator.