Commonwealth Consolidated Regulations

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Goods carried by private operators

                   Subparts 92.B and 92.C do not apply to the carriage of dangerous goods by an aircraft operated by an operator engaged in private (non-commercial) operations if:

                     (a)  the aircraft is operating in Australian territory and:

                              (i)  is unpressurised; and

                             (ii)  has an approved passenger seat configuration of less than 10 seats; and

                     (b)  the goods:

                              (i)  are in a proper condition for carriage by air; and

                             (ii)  are identified by class in accordance with the Technical Instructions; and

                            (iii)  are permitted by the Technical Instructions to be carried on a passenger or cargo aircraft; and

                            (iv)  are stowed and secured on the aircraft to prevent movement and damage, and segregated in accordance with the requirements of the Technical Instructions if they are likely to react dangerously with one another; and

                     (c)  the pilot-in-command of the aircraft ensures that every person on board the aircraft knows, before boarding the aircraft, that the dangerous goods are on board.

Note:          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 .

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