Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation makes provision, for the purposes of subsections 23(1), (2) and (2A) of the Act, about the carriage of dangerous goods on an aircraft by a person, whether a passenger or a member of the aircraft's crew.
Note: Under subsections 23(1), (2) and (2A) of the Act, dangerous goods must not be carried on an aircraft except in accordance with these Regulations.
(2) Subject to subregulation (3), it is a condition of the carriage of dangerous goods on an aircraft by a person that the person complies with the requirements (if any) of the Technical Instructions:
(a) concerning the type of dangerous goods that a person may carry on board an aircraft; or
(b) as to whether the dangerous goods may be carried in the person's carry - on baggage or in checked baggage; or
(c) limiting the quantity of such goods that may be carried on the aircraft, or in checked or carry - on baggage; or
(d) requiring the aircraft operator's approval before the goods are carried.
Note: The relevant provisions of the Technical Instructions are set out at the end of this regulation.
(3) A person who is a passenger is taken not to contravene the condition in subregulation (2) if the person carries dangerous goods in contravention of that condition, or carries such goods in a way that would, but for this subregulation, contravene that condition, if:
(a) the person carries the goods, or carries the goods in that way, in reliance on a statement, made by the operator or an employee of the operator, to the effect that the carriage of the goods, or the carriage of goods in that way, is permissible or does not contravene the Technical Instructions; and
(b) it is reasonable for the person to rely on that statement.
Note 1: This regulation creates a defence to the offences created by subsections 23(2) and (2A) of the Act. A defendant charged with either of those offences bears an evidential burden in relation to the matters set out in this regulation--see subsection 13.3(3) of the Criminal Code .
Note 2: Section 1.1 of the Technical Instructions, regarding dangerous goods carried by passengers or crew, is as follows:
1.1 DANGEROUS GOODS CARRIED BY PASSENGERS OR CREW
1.1.1 Except as otherwise provided in 1.1.2 below, dangerous goods must not be carried by passengers or crew members, either as or in carry - on baggage or checked baggage or on their person. Security type equipment such as attaché cases, cash boxes, cash bags, etc. incorporating dangerous goods, for example lithium batteries or pyrotechnic material, are totally forbidden; see entry in Table 3 - 1.
1.1.2 The provisions of these Instructions do not apply to the following when carried by passengers or crew members or in baggage, transported by the operator, that has been separated from its owner during transit (e.g. lost baggage or improperly routed baggage):
a) when in retail packagings, alcoholic beverages containing more than 24 per cent but not more than 70 per cent alcohol by volume, in receptacles not exceeding 5 L, with a total net quantity per person of 5 L for such beverages;
Note.-- Alcoholic beverages containing not more than 24 per cent alcohol by volume are not subject to any restrictions.
b) non - radioactive medicinal or toilet articles (including aerosols). Also aerosols in Division 2.2, with no subsidiary risk, for sporting or home use in checked baggage only. The total net quantity of all such articles carried by each person must not exceed 2 kg or 2 L and the net quantity of each single article must not exceed 0.5 kg or 0.5 L. The term "medicinal or toilet articles (including aerosols)" is intended to include such items as hair sprays, perfumes, colognes and medicines containing alcohols;
c) with the approval of the operator (s), small gaseous oxygen or air cylinders required for medical use;
d) small carbon dioxide gas cylinders worn for the operation of mechanical limbs, also spare cylinders of a similar size if required to ensure an adequate supply for the duration of the journey;
e) with the approval of the operator (s), as checked baggage only, securely boxed cartridges for sporting purposes, in Division 1.4S, in quantities not exceeding 5 kg gross mass per person for that person's own use, excluding ammunition with explosive or incendiary projectiles. Allowances for more than one person must not be combined into one or more packages;
f) dry ice in quantities not exceeding 2 kg per person, when used to pack perishables not subject to these Instructions, provided the package permits the release of carbon dioxide gas:
with the approval of the operator (s), in checked baggage;
g) safety matches or a lighter intended for use by an individual when carried on the person. However, lighters containing unabsorbed liquid fuel (other than liquefied gas), lighter fuel and lighter refills are not permitted on one's person or in checked or carry - on baggage;
Note.-- "Strike anywhere" matches are forbidden for air transport.
h) radioisotopic cardiac pacemakers or other devices, including those powered by lithium batteries, implanted into a person, or radio - pharmaceuticals contained within the body of a person as the result of medical treatment;
i) with the approval of the operator (s), wheelchairs or other battery - powered mobility aids with non - spillable batteries (see Packing Instruction 806 and Special Provision A67), as checked baggage provided the battery terminals are protected from short circuits and the battery is securely attached to the wheelchair or mobility aid;
j) with the approval of the operator (s), wheelchairs or other battery - powered mobility aids with spillable batteries as checked baggage, provided that the wheelchair or mobility aid can be loaded, stowed, secured and unloaded always in an upright position and that the battery is disconnected, the battery terminals are protected from short circuits and the battery is securely attached to the wheelchair or mobility aid. If the wheelchair or mobility aid cannot be loaded, stowed, secured and unloaded always in an upright position, the battery must be removed and the wheelchair or mobility aid may then be carried as checked baggage without restriction. The removed battery must be carried in strong, rigid packagings as follows:
these packagings must be leaktight, impervious to battery fluid and be protected against upset by securing to pallets or by securing them in cargo compartments using appropriate means of securement (other than by bracing with freight or baggage) such as by use of restraining straps, brackets or holders;
batteries must be protected against short circuits, secured upright in these packagings and surrounded by compatible absorbent material sufficient to absorb their total liquid contents; and
these packagings must be marked "Battery, wet, with wheelchair" or "Battery, wet, with mobility aid" and be labelled with a "Corrosive" label (Figure 5 - 21) and with a package orientation label (Figure 5 - 25).
The pilot - in - command must be informed of the location of a wheelchair or mobility aid with an installed battery or the location of a packed battery.
It is recommended that passengers make advance arrangements with each operator; also unless batteries are non - spillable they should be fitted, where feasible, with spill - resistant vent caps;
k) hair curlers containing hydrocarbon gas, no more than one per person, provided that the safety cover is securely fitted over the heating element. Gas refills for such curlers must not be carried;
l) with the approval of the operator (s), as carry - on baggage only, a mercurial barometer or mercurial thermometer carried by a representative of a government weather bureau or similar official agency. The barometer or thermometer must be packed in a strong outer packaging, having a sealed inner liner or a bag of strong leak - proof and puncture - resistant material impervious to mercury, which will prevent the escape of mercury from the package irrespective of its position. The pilot - in - command must be informed of the barometer or thermometer;
m) with the approval of the operator (s), no more than two small carbon dioxide cylinders of carbon dioxide or another suitable gas in Division 2.2 per person fitted into a self - inflating life - jacket for inflation purposes, plus no more than two spare cartridges;
n) with the approval of the operator (s), heat producing articles (i.e. battery - operated equipment such as underwater torches and soldering equipment which, if accidentally activated, will generate extreme heat and can cause fire) may be carried in carry - on baggage only. The heat producing component, or the energy source, must be removed so as to prevent unintentional functioning during transport;
o) one small medical or clinical thermometer which contains mercury, for personal use, when in its protective case;
p) with the approval of the operator (s), one avalanche rescue backpack per person equipped with a pyrotechnic trigger mechanism containing not more than 200 mg net of Division 1.4S and not more than 250 mg of compressed gas in Division 2.2. The backpack must be packed in such a manner that it cannot be accidentally activated. The airbags within the backpack must be fitted with pressure relief valves; and
q) consumer electronic devices (watches, calculating machines, cameras, cellular phones, laptop computers, camcorders, etc.) containing lithium or lithium ion cells or batteries when carried by passengers or crew for personal use. Spare batteries must be individually protected so as to prevent short circuits and carried in carry - on baggage only. In addition, each spare battery must not exceed the following quantities:
for lithium metal or lithium alloy batteries, a lithium content of not more than 2 grams; or
for lithium ion batteries, an aggregate equivalent lithium content of not more than 8 grams.
Lithium ion batteries with an aggregate equivalent lithium content of
more than 8 grams but not more than 25 grams may be carried in carry - on
baggage if they are individually protected so as to prevent short circuits and
are limited to two spare batteries per person.