Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.180

    Regulations   92.020, 92.025, 92.030 and 92.035 do not apply to the carriage, on an aircraft, of dangerous goods classified in Division   1.4 if:

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

  (b)   the person carrying the goods intends to jump from the aircraft by parachute, and to use the goods during the parachute descent; and

  (c)   the goods are not used until after the person jumps from the aircraft; and

  (d)   the pilot - in - command of the aircraft:

  (i)   knows what the goods are; and

  (ii)   before the flight begins, briefs everybody intending to board the aircraft on what to do if any of the goods are activated during the flight; and

  (e)   where the flight is being undertaken by a commercial operator--the operator establishes safety and emergency procedures for the operation and sets out those procedures in the operator's dangerous goods manual.

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 .