Commonwealth Numbered Regulations

1991 No. 410 CIVIL AVIATION REGULATIONS (AMENDMENT) - REG 6

  6.1    After regulation 262, insert the following Part:

             "PART XIIIA-DANGEROUS GOODS
Application

"262A. This Part applies in relation to the carriage, or consignment for
carriage, of dangerous goods on Australian aircraft or on foreign aircraft
within Australian territory. Interpretation

"262B. In this Part, unless the contrary intention appears:
dangerous goods accident , in relation to dangerous goods, means an event
that:

   (a)  occurs in the course of dangerous goods being carried, or consigned
        for carriage, on an aircraft; and

   (b)  results in:

        (i)    a fatal or serious injury to a person; or

        (ii)   serious damage to the aircraft or any cargo carried on the
               aircraft; dangerous goods incident means an event (not being a
               dangerous goods accident) that occurs in the course of
               dangerous goods being carried, or consigned for carriage, on an
               aircraft at any time after an operator has accepted the
               dangerous goods for carriage and that:

   (a)  results in:

        (i)    the escape of smoke or flames from the container or package in
               which the dangerous goods are contained; or

        (ii)   breakage of the container or package in which the dangerous
               goods are contained; or

        (iii)  the escape of dangerous goods from the container or package in
               which they are contained; or

        (iv)   leakage of fluid or radiation from the container or package in
               which the dangerous goods are contained; or

   (b)  seriously jeopardises, or is likely to seriously jeopardise, an
        aircraft or its occupants;
'dangerous goods manual' means a manual kept by an operator containing the
requirements set out in subregulation 262g (1);
'employee', in relation to a freight forwarder, an operator or a regular
shipper of dangerous goods, includes:

   (a)  a person who performs services for, or on behalf of, the freight
        forwarder, operator or shipper; and

   (b)  an employee of that person;
'freight forwarder' means a person who offers a service to the public to
arrange the transport of cargo by air;
'postal article' has the same meaning as in section 3 of the Australian 
Postal Corporation Act 1989 ;
'regular shipper of dangerous goods' means a person the Authority has
determined, under regulation 262V, to be a regular shipper of dangerous goods;
'Technical Instructions' means the Technical Instructions for the Safe
Transport of Dangerous Goods by Air approved and published by decision of the
Council of the International Civil Aviation Organisation as in force from time
to time. What are dangerous goods?

"262C. For the purposes of subparagraph (b) (ii) of the definition of
'dangerous goods' in subsection 23 (3) of the Act, the things specified in the
Dangerous Goods List contained in the Technical Instructions are declared to
be dangerous goods.
EXAMPLE: Examples of things specified in the Dangerous Goods List as dangerous
goods are set out in Table A and Table B. The examples are not exhaustive. For
the full list of dangerous goods readers must refer to the Dangerous Goods
List in the Technical Instructions.
TABLE A
EXAMPLES OF THINGS SPECIFIED IN THE
DANGEROUS GOODS LIST AS DANGEROUS GOODS Column 1 Column 2 Classes of dangerous
goods arranged by type of risk Description of dangerous goods Class 1 .
explosives . ammunition . cartridges for weapons . fireworks . flares . rocket
motors Class 2 . aerosols (flammable and non-flammable) . gases (compressed,
liquefied, dissolved under pressure or deeply refrigerated) . cigarette
lighters (containing flammable gas) . insecticide gases . nitrogen
(refrigerated liquid) . propane Class 3 . flammable liquids . acetone .
adhesives containing flammable liquid . alcohols . benzene and motor spirit .
cigarette lighters (with lighter fluids) . paint (liquid, flammable) Class 4 .
flammable solids . substances liable to spontaneous combustion . substances
which, in contact with
water, emit flammable gases . calcium carbide . matches (safety) (book, card
or strike on box) . paper (unsaturated oil treated and
incompletely dried) (includes carbon paper) . films (nitrocellulose base) .
sodium . seed cake Class 5 . oxidising substances . organic peroxides .
chlorate and borate mixtures . hydrogen peroxide (aqueous solutions) . organic
peroxides . polyester resin kits . silver nitrate . sodium nitrate Class 6 .
poisonous (toxic) substances . infectious substances (containing
viable micro-organisms or their
toxins which are known, or
suspected, to cause disease in
animals or humans) . alkaloids (liquid and solid) or
alkaloid salts (liquid and solid) . chloroform . cyanides (inorganic) and
cyanide solutions . infectious substances (affecting humans and animals) .
mercury compounds (liquid and solid) . pesticides (liquid and solid, toxic) .
phenol solutions and phenol solid Class 7 . radioactive materials .
radioactive material (fissile) . radioactive material (low specific activity)
. uranyl nitrate (solid) Class 8 . corrosives (liquids and solids) . batteries
(wet, filled with acid or alkali) . disinfectants (corrosive, liquid) . dyes
(liquid and solid) (corrosive) . fire extinguisher charges (corrosive liquid)
. mercury and mercury contained in manufactured articles . nitric acid Class 9
. Miscellaneous goods
(things not included in classes 1-8) . cosmetics containing:
         -     flammable aerosol

         -     non-flammable aerosol

         -     flammable liquid

in small inner packagings . carbon dioxide (solid) (dry ice) . drugs or
medicines containing:
         -     flammable aerosol

         -     non-flammable aerosol

         -     flammable liquid

         -     toxic substance

in small inner packagings . engines (internal combustion) . heat producing
articles (battery operated
equipment such as underwater torches or
soldering equipment which, if accidentally
activated, will generate extreme heat and and can cause fire) . magnetised
material
TABLE B
EXAMPLES OF THINGS SPECIFIED IN THE DANGEROUS
GOODS LIST THE CARRIAGE OR CONSIGNMENT OF WHICH
ON BOARD AN AIRCRAFT IS FORBIDDEN . coal briquettes (hot) . fulminic acid .
hydrogen cyanide (unstabilised) . lead azide (dry) . phosphorus (white or red)
and chlorate mixtures . security type attache cases incorporating dangerous
goods (for example, lithium batteries or pyrotechnic
material) Under what circumstances can an aircraft carry dangerous goods?

"262D. For the purposes of paragraph 23 (1) (a) of the Act, an aircraft is
permitted to carry dangerous goods only in accordance with the Technical
Instructions and subject to the conditions set out in regulations 262F, 262J
and 262K. Is a person permitted to carry, or consign for carriage, dangerous
goods on an aircraft?

"262E. (1) For the purposes of paragraph 23 (2) (a) of the Act, a person is
permitted to carry, or consign for carriage, dangerous goods on board an
aircraft only in accordance with the Technical Instructions and subject to the
conditions set out in regulations 262F, 262J and 262K.
(NOTE: For penalty, see subsection 23 (2) of the Act.)

"(2) For the purposes of paragraph 23 (2a) (a) of the Act, a person is
permitted to carry, or consign for carriage, dangerous goods on board an
aircraft only in accordance with the Technical Instructions and subject to the
conditions set out in regulations 262F, 262J and 262K.
(NOTE: For penalty, see subsection 23 (2a) of the Act.)
(NOTE: Information about the carriage, or consignment for carriage, of
dangerous goods on aircraft including:
. the classification of things as dangerous goods in the Technical
Instructions;
. the categories of dangerous goods which an aircraft may not carry;
. the manner in which dangerous goods are to be packed, marked, labelled and
loaded on an aircraft;
. the documents relating to the carriage, or consignment for carriage, of
dangerous goods on an aircraft; may usually be obtained from airlines and from
freight forwarders handling, or involved in handling, dangerous goods in the
course of the goods being carried, or consigned for carriage, on an aircraft.)
Commercial operators-conditions to which permissions are subject

"262F. (1) This regulation only applies to an operator engaged in commercial
operations.

"(2) A permission under regulation 262D or 262E is subject to the conditions
that an operator engaged in commercial operations must:

   (a)  not carry dangerous goods, or allow dangerous goods to be carried, on
        an aircraft unless the operator has a dangerous goods manual; and

   (b)  comply with the requirements relating to a dangerous goods manual
        under regulation 262G; and

   (c)  if the Authority issues written directions to the operator under
        regulation 262H in relation to the contents, distribution and revision
        of a dangerous goods manual-comply with those directions. Requirements
        relating to dangerous goods manuals

"262G. (1) For the purposes of paragraph 262F (2) (b), each of the following
requirements relating to a dangerous goods manual must be complied with:

   (a)  a dangerous goods manual must contain instructions for the handling of
        dangerous goods carried, or consigned for carriage, on the operator s
        aircraft;

   (b)  an operator must make copies of the dangerous goods manual available
        to all employees whose duties are related to the acceptance, handling
        and carriage of cargo by, or on behalf of, the operator;

   (c)  an operator must keep the dangerous goods manual up-to-date;

   (d)  an operator must provide an amendment system for keeping the dangerous
        goods manual up-to-date.

"(2) An operator may incorporate the dangerous goods manual in the operator s
operations manual or any other manual maintained by the operator that relates
to the acceptance, handling or carriage of cargo. Directions relating to
dangerous goods manuals

"262H. (1) The Authority may, for the purposes of paragraph 262F (2) (c),
issue directions to an operator engaged in commercial operations in relation
to the contents, distribution and revision of a dangerous goods manual.

"(2) A direction is not binding on a person unless it has been served on the
person. Operator-conditions to which permissions are subject

"262J. (1) This regulation only applies to an operator.

"(2) A permission under regulation 262D or 262E is subject to the condition
that if a dangerous goods incident occurs, an operator must report the
incident in writing to the Authority within 2 working days after the incident
occurs. Operators, freight forwarders and regular shippers-conditions to which
permissions are subject

"262K. (1) This regulation only applies to operators, freight forwarders or
regular shippers of dangerous goods.

"(2) A permission under regulation 262D or 262E is subject to the condition
that an operator, a freight forwarder or a regular shipper of dangerous goods
must maintain an up-to-date record of:

   (a)  the names of employees who undertake training in accordance with
        regulation 262P, 262Q or 262R; and

   (b)  the name of the person responsible for conducting the training; and

   (c)  the date or the dates on which the training is conducted. Dangerous
        goods statement-section 23A of the Act

"262M. (1) For the purposes of section 23A of the Act and subject to
regulation 262N, a person who consigns cargo for carriage on board an aircraft
must make a written statement that:

   (a)  states that the cargo does not contain dangerous goods; or

   (b)  describes the contents of the cargo.

"(2) Subregulation (1) does not apply in relation to cargo that is:

   (a)  baggage that is to be carried on the same aircraft as that on which
        the person is travelling; or

   (b)  personal effects of the person that the person carries on board the
        aircraft; if the person is a passenger on board the aircraft or a crew
        member.

"(3) For the purposes of subregulation (1) and subject to subregulations (4)
and (5), the Australian Postal Corporation is to be taken to be the person who
consigns a postal article for carriage on board an aircraft within Australia.

"(4) The Australian Postal Corporation is exempt from compliance with
subregulation (1) when a postal article is consigned from a place outside
Australia for delivery by air to a person in Australia.

"(5) Subregulation (1) does not apply in relation to a postal article that:

   (a)  does not weigh more than 500 grams; and

   (b)  is not more than 30 millimetres thick; and

   (c)  does not exceed a maximum length of 360 millimetres and a maximum
        width of 260 millimetres.

"(6) For the purposes of subregulation (1), a freight forwarder is to be taken
to be a person who consigns cargo for carriage on board an aircraft. Dangerous
goods statement made in faith

"262N. If, in the course of cargo being consigned for carriage on an aircraft,
a person delivers the cargo to the Australian Postal Corporation or a freight
forwarder and provides a written statement that:

   (a)  states that the cargo does not contain dangerous goods; or

   (b)  describes the contents of the cargo; the Australian Postal Corporation
        or the freight forwarder may make a written statement relating to that
        cargo for the purposes of subregulation 262M (1), on the faith of the
        statement provided by the person. Employees of operators-training
        relating to dangerous goods

"262P. (1) For the purposes of subsection 23B (1) of the Act, an operator's
employee who:

   (a)  accepts cargo for carriage on an aircraft; or

   (b)  supervises a person who accepts cargo for carriage on an aircraft; is
        required to undertake a training course, being a course that is
        applicable to the duties and responsibilities of the employee, in
        accordance with the syllabus of training that is set out in Part 1 of
        Schedule 4.

"(2) For the purposes of subsection 23B (1) of the Act, an operator's employee
who is not an employee referred to in subregulation (1) and who:

   (a)  handles, or supervises a person who handles, cargo before or after it
        is loaded on, or unloaded off, an aircraft; or

   (b)  loads cargo on, or unloads cargo off, an aircraft, or supervises a
        person who loads cargo on, or unloads cargo off, an aircraft; is
        required to undertake a training course in accordance with the
        syllabus of training that is set out in Part 2 of Schedule 4.

"(3) For the purposes of subsection 23B (1) of the Act, an operator's employee
who is a flight crew member is required to undertake a training course in
accordance with the syllabus of training that is set out in Part 3 of Schedule
4.

"(4) For the purposes of subsection 23B (1) of the Act, an operator's employee
who:

   (a)  is a cabin attendant on an aircraft; or

   (b)  carries out duties relating to the handling and security screening of
        passengers carried on an aircraft; is required to undertake a training
        course in accordance with the syllabus of training that is set out in
        Part 4 of Schedule 4.

"(5) This regulation does not apply to persons handling dangerous goods
carried on an aircraft engaged in a private operation. Employees of regular
shippers of dangerous goods-training relating to dangerous goods

"262Q. For the purposes of subsection 23B (1) of the Act, an employee of a
regular shipper of dangerous goods, being an employee who:

   (a)  packs and consigns, or is involved in packing and consigning,
        dangerous goods for carriage, or consignment for carriage, on an
        aircraft; or

   (b)  supervises a person who packs and consigns dangerous goods for
        carriage, or consignment for carriage, on an aircraft; is required to
        undertake a training course, being a course that is applicable to the
        duties and responsibilities of the employee, in accordance with the
        syllabus of training that is set out in Part 5 of Schedule 4.
        Employees of freight forwarders-training relating to dangerous goods

"262R. (1) For the purposes of subsection 23B (1) of the Act, a freight
forwarder s employee who:

   (a)  accepts cargo consigned for carriage on an aircraft; or

   (b)  supervises a person who accepts cargo consigned for carriage on an
        aircraft; is required to undertake a training course, being a course
        that is applicable to the duties and responsibilities of the employee,
        in accordance with the syllabus of training that is set out in Part 1
        of Schedule 4.

"(2) For the purposes of subsection 23B (1) of the Act, a freight forwarder's
employee who:

   (a)  handles, or is involved in handling, cargo consigned for carriage on
        an aircraft; or

   (b)  supervises a person who handles, or is involved in handling, cargo
        consigned for carriage on an aircraft; is required to undertake a
        training course in accordance with the syllabus of training that is
        set out in Part 2 of Schedule 4. How often is training to be
        undertaken?

"262S. (1) A person who is required to undertake a training course under
subregulation 262P (1), (3) or (4) or 262R (1) or regulation 262Q must
undertake that training course at intervals of not more than 2 years.

"(2) A person who is required to undertake a training course under
subregulation 262P (2) or 262R (2) must undertake that training course at
intervals of not more than 3 years. Approval of training

"262T. Details of a training course conducted for the purposes of
subregulation 262P (1) or (3) or 262R (1) or regulation 262Q must be approved
by the Authority. Exemptions from dangerous goods statement or training

"262U. (1) The Authority may, by instrument in writing, exempt a person from
compliance with subregulation 262M (1) or regulation 262P, 262Q, 262R or 262S
or a specified provision of those regulations.

"(2) Before exempting a person, the Authority must take into account any
relevant considerations relating to the safe carriage, or consignment for
carriage, of dangerous goods on an aircraft.

"(3) An exemption is subject to the person exempted complying with such
conditions (if any) as the Authority specifies in the instrument as being
necessary in the interests of safety.

"(4) If the Authority decides not to exempt the person, the Authority must, as
soon as practicable after making the decision, notify the person, in writing,
of the decision and must include in the notice a statement of the reasons for
the decision. Regular shipper of dangerous goods

"262V. (1) If a person:

   (a)  carries on a business that relates to the manufacture, sale or
        purchase of dangerous goods; and

   (b)  regularly consigns dangerous goods for carriage on board an aircraft
        in the course of the business; the Authority may, in writing,
        determine that the person is a regular shipper of dangerous goods.

"(2) If the Authority determines that a person is a regular shipper of
dangerous goods, it must notify the person in writing of the determination.".