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system to keep all the copies of the manual up-to-date.
92.050 Commercial foreign aircraft operators — conditions to which
carriage of dangerous goods is subject
(1) This regulation sets out, for the purposes of subsections 23 (1), (2)
and (2A) of the Act, a condition of the carriage of dangerous goods on
an aircraft.
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) A commercial foreign aircraft operator may carry dangerous goods
(other than goods required to be carried on board the aircraft by the
law of the Contracting State in which the aircraft is registered, or
goods carried on board the aircraft for use or sale during flight) on a
foreign aircraft operated by the operator, or permit such goods to be
carried on such an aircraft, only if the operator:
(a) has a dangerous goods manual in accordance with:
(i) the Technical Instructions; or
(ii) if the law of the Contracting State in which the aircraft is
registered imposes requirements about a dangerous goods
manual — that law; and
(b) complies with regulation 92.055.
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.
92.055 Dangerous goods manual — requirements applicable to all
operators
(1) An operator’s dangerous goods manual may be incorporated in the
operator’s operations manual or any other manual maintained by the
operator that deals with the handling or carriage of cargo.
(2) Subregulations (3), (4) and (5) set out, for the purposes of subsections
23 (1), (2) and (2A) of the Act, conditions of the carriage of
dangerous goods on an aircraft.
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.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
New Page – Amdt No. 6 – January 2004 Civil Aviation Safety Authority
Part 92 — 12
(3) An operator must make a copy of its dangerous goods manual
available, in a readily accessible place:
(a) in the case of an Australian operator — to each of the operator’s
employees whose duties and responsibilities are related to the
handling or carriage of cargo; or
(b) in any other case — to:
(i) any of the operator’s employees in Australia whose duties
and responsibilities are related to the handling or carriage
of cargo; and
(ii) any employees of its ground handling agent in Australia
whose duties and responsibilities are related to the
handling or carriage of cargo.
(4) An operator must take all reasonable steps to ensure that the handling
and carriage of dangerous goods is in accordance with the procedures
and instructions in, or referred to in, its dangerous goods manual.
(5) An operator must take all reasonable steps to ensure that each of the
operator’s employees is made aware of the contents of the operator’s
dangerous goods manual so far as it is applicable and relevant to the
employee’s duties before the employee first performs those duties.
92.060 Directions relating to dangerous goods manuals
(1) CASA may issue, to an operator that is required to have a dangerous
goods manual, a written direction in relation to the contents,
distribution or revision of the manual.
(2) The operator must comply with the direction.
Maximum penalty: 10 penalty units.
92.065 Commercial operators — reporting of dangerous goods
incidents
(1) Subregulation (2) sets out, for the purposes of subsections 23 (1), (2)
and (2A) of the Act, a condition of the carriage of dangerous goods on
an aircraft.
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.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
New Page – Amdt No. 6 – January 2004 Civil Aviation Safety Authority
Part 92 — 13
(2) Subject to subregulation (3), the carriage of dangerous goods by an
aircraft operated by a commercial operator is subject to the condition
that, if a dangerous goods incident occurs, the operator must report
the incident to CASA in writing within 2 working days after the
　
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