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incident occurs.
Note An accident or serious incident involving dangerous goods carried on an
aircraft must also be reported to the Australian Transport Safety Bureau under
section 19BA of the Air Navigation Act 1920.
(3) Subregulation (2) does not require an operator to report a dangerous
goods incident involving dangerous goods that have not been
accepted by the operator for carriage by air.
92.070 Dangerous goods statement (Act s 23A)
(1) A person who, in the circumstances specified in subregulation (3),
consigns cargo for carriage on board an aircraft (including a freight
forwarder that does so in the course of business as a freight
forwarder) must make and sign a written statement that:
(a) is to the effect that the cargo does not contain dangerous goods;
or
(b) describes the contents of the cargo.
Note Consigning cargo without making the required statement is an offence — see
the Act, subsection 23A (2). Knowingly making a false or misleading statement is
also an offence — see the Criminal Code, section 137.1.
(2) The reference in subregulation (1) to consigning cargo for carriage on
board an aircraft includes consigning cargo in circumstances such that
there is a possibility that the cargo may, during its journey, be carried
on an aircraft.
(3) For subsection 23A (1) of the Act and subregulation (1), all
circumstances other than those mentioned in subregulation (4) are
specified.
(4) The circumstances in which subregulation (1) does not apply are the
following:
(a) the cargo was consigned from a place outside Australia;
(b) the cargo is checked baggage that is to be carried on the same
aircraft as the person who checked the baggage;
(c) the cargo is:
(i) a postal article (within the meaning of the Australian
Postal Corporation Act 1989) that is in the course of
carriage by air; or
(ii) a document being sent between service centres of a
document exchange service (within the meaning given by
that Act);
and:
(iii) weighs no more than 500 grams; and
(iv) is no more than 20 millimetres thick; and
(v) is no longer than 360 millimetres; and
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 — 14
(vi) is no wider than 260 millimetres;
(d) the cargo is dangerous goods that have been marked and
documented in accordance with this Part;
(e) CASA has granted to the person who consigns the cargo an
exclusion under regulation 92.080.
(5) Subregulation (6) 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, an aircraft must not carry
dangerous goods except in accordance with these Regulations.
(6) Except in the circumstances mentioned in subregulation (4), the
operator of an aircraft must not allow an item of cargo to be placed on
board the aircraft unless the operator has been given a statement about
the item in accordance with subregulation (1).
92.075 Dangerous goods statement in reliance on statement already
made
(1) 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 gives to the Corporation or the forwarder a
signed written statement that acknowledges that the cargo will or may
be carried by air, and:
(a) is to the effect that the cargo does not contain dangerous goods;
or
(b) describes the contents of the cargo;
the Corporation or the forwarder may, in making a statement to the
operator of the kind required by regulation 92.070, rely on the
person’s statement.
(2) If an aircraft operator hands cargo to another operator for carriage on
an aircraft operated by the second operator, and a statement of the
kind required by regulation 92.070 was given to the first operator, the
first operator may, in making a statement to the second operator of the
kind required by that regulation, rely on the statement given to the
first operator.
92.080 Exclusions from requirement about dangerous goods statement
(1) CASA may, by notice in writing, exclude a person or a class of
persons from the obligation to comply with regulation 92.070.
(2) Before granting an exclusion to a person or class of persons, CASA
must take into account any relevant considerations relating to the safe
carriage, or consignment for carriage, of dangerous goods on an
aircraft.
　
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