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 .