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Part 92 — 7
(3) A person who is a passenger is taken not to contravene the condition
in subregulation (2) if the person carries dangerous goods in
contravention of that condition, or carries such goods in a way that
would, but for this subregulation, contravene that condition, if:
(a) the person carries the goods, or carries the goods in that way, in
reliance on a statement, made by the operator or an employee of
the operator, to the effect that the carriage of the goods, or the
carriage of goods in that way, is permissible or does not
contravene the Technical Instructions; and
(b) it is reasonable for the person to rely on that statement.
Note 1 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.
Note 2 Section 1.1 of the Technical Instructions, regarding dangerous goods
carried by passengers or crew, is as follows:
1.1 DANGEROUS GOODS CARRIED BY PASSENGERS OR CREW
1.1.1 Except as otherwise provided in 1.1.2 below, dangerous goods must not be
carried by passengers or crew members, either as or in carry-on baggage or checked
baggage or on their person. Security type equipment such as attaché cases, cash
boxes, cash bags, etc. incorporating dangerous goods, for example lithium batteries
or pyrotechnic material, are totally forbidden; see entry in Table 3-1.
1.1.2 The provisions of these Instructions do not apply to the following when
carried by passengers or crew members or in baggage, transported by the operator,
that has been separated from its owner during transit (e.g. lost baggage or
improperly routed baggage):
a) when in retail packagings, alcoholic beverages containing more than 24 per cent
but not more than 70 per cent alcohol by volume, in receptacles not exceeding 5
L, with a total net quantity per person of 5 L for such beverages;
Note.— Alcoholic beverages containing not more than 24 per cent alcohol by volume are
not subject to any restrictions.
b) non-radioactive medicinal or toilet articles (including aerosols). Also aerosols
in Division 2.2, with no subsidiary risk, for sporting or home use in checked
baggage only. The total net quantity of all such articles carried by each person
must not exceed 2 kg or 2 L and the net quantity of each single article must not
exceed 0.5 kg or 0.5 L. The term “medicinal or toilet articles (including
aerosols)” is intended to include such items as hair sprays, perfumes, colognes
and medicines containing alcohols;
c) with the approval of the operator(s), small gaseous oxygen or air cylinders
required for medical use;
d) small carbon dioxide gas cylinders worn for the operation of mechanical limbs,
also spare cylinders of a similar size if required to ensure an adequate supply
for the duration of the journey;
e) with the approval of the operator(s), as checked baggage only, securely boxed
cartridges for sporting purposes, in Division 1.4S, in quantities not exceeding 5
kg gross mass per person for that person’s own use, excluding ammunition with
explosive or incendiary projectiles. Allowances for more than one person must
not be combined into one or more packages;
f) dry ice in quantities not exceeding 2 kg per person, when used to pack
perishables not subject to these Instructions, provided the package permits the
release of carbon dioxide gas:
in carry-on baggage; or
with the approval of the operator(s), in checked baggage;
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 — 8
g) safety matches or a lighter intended for use by an individual when carried on the
person. However, lighters containing unabsorbed liquid fuel (other than
liquefied gas), lighter fuel and lighter refills are not permitted on one’s person
or in checked or carry-on baggage;
Note.— “Strike anywhere” matches are forbidden for air transport.
h) radioisotopic cardiac pacemakers or other devices, including those powered by
lithium batteries, implanted into a person, or radio-pharmaceuticals contained
within the body of a person as the result of medical treatment;
i) with the approval of the operator(s), wheelchairs or other battery-powered
mobility aids with non-spillable batteries (see Packing Instruction 806 and
Special Provision A67), as checked baggage provided the battery terminals are
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