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safety of the aircraft or of persons on board the aircraft than would a
failure to comply with the direction.
(5) Subsections (2) and (3) do not affect any other obligation imposed by
law, including the law of a foreign country, to comply with a direction
given by an authorised official of a foreign country.
(6) Where a person has been convicted of an offence in respect of an act or
omission under the law of the foreign country, the person is not liable to
be convicted of an offence arising under subsection (2) or (3) in respect
of the act or omission.
(7) In this section:
Australian operator means an operator whose principal place of
business, or whose place of permanent residence, is in Australian
territory.
authorised official, in relation to a foreign country, means:
(a) a member of the military, police, customs or air-traffic control
services of the foreign country; or
(b) a person authorised by the foreign country to give directions to
aircraft flying over the territory of the foreign country.
operator has the same meaning as in the regulations.
20 Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 4 – August 2007 Civil Aviation Safety Authority
territory, in relation to a foreign country, means the land and the adjacent
territorial sea under the sovereignty, suzerainty, protection or mandate of
the foreign country.
23 Dangerous goods
(1) An aircraft must not carry dangerous goods except:
(a) in accordance with the regulations, including any conditions subject
to which the regulations permit the carriage of those goods; or
(b) with the written permission of CASA and in accordance with any
conditions specified in the permission.
(2) A person must not carry or consign for carriage any dangerous goods on
board an aircraft except:
(a) in accordance with the regulations, including any conditions subject
to which the regulations permit the carriage or consignment of those
goods; or
(b) with the written permission of CASA and in accordance with any
conditions specified in the permission.
Penalty: Imprisonment for 7 years.
(2A) A person must not carry or consign for carriage any dangerous goods on
board an aircraft except:
(a) in accordance with the regulations, including any conditions subject
to which the regulations permit the carriage or consignment of those
goods; or
(b) with the written permission of CASA and in accordance with any
conditions specified in the permission.
Penalty: Imprisonment for 2 years.
(2B) An offence under subsection (2A) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) In this section:
dangerous goods means:
(a) explosive substances; and
(b) things:
(i) which by reason of their nature are liable to endanger the safety
of an aircraft or persons on board an aircraft; or
(ii) which the regulations declare to be dangerous goods.
(3A) Regulations made for the purposes of subparagraph (b) (ii) of the definition
of dangerous goods in subsection (3) may apply, adopt or incorporate
(with or without modification) the Dangerous Goods List contained in 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.
(4) Nothing in this section prevents the carriage and use on aircraft of
signalling apparatus and other apparatus necessary for the operation or
navigation of the aircraft or the safety of the crew or passengers.
Civil Aviation Act 1988 21
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 4 – August 2007 Civil Aviation Safety Authority
23A Statements of the contents of cargo
(1) The regulations may require a person who, in the circumstances specified
in the regulations, consigns for carriage any cargo on board an aircraft to
make a statement, of a kind specified in the regulations, concerning the
contents of the cargo.
(2) A person must not consign for carriage any cargo on board an aircraft, in
circumstances in which regulations made for the purposes of subsection
(1) require a statement to be made, unless:
(a) the cargo is accompanied by; or
(b) the person responsible for delivery of the cargo has been given;
a statement that complies with the regulations made for the purposes of
that subsection.
Penalty: 30 penalty units.
23B Training relating to dangerous goods
(1) The regulations may require that persons handling, or involved in
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