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(6) A screening authority employee who has undertaken a training course
in accordance with paragraph 262P (4) (b) of CAR on or after 1
January 2002 is taken, for 2 years after undertaking that training, to
have undertaken training in accordance with this Subpart.
(7) A group F employee who has undertaken a training course in
accordance with subregulation 262P (1), regulation 262Q or
subregulation 262R (1) of CAR on or after 1 July 2002 is taken, for
2 years after undertaking that training, to have undertaken training in
accordance with this Subpart.
(8) This regulation ceases to have effect on 31 December 2006.
92.155 Exclusions from training requirements
(1) CASA may, by notice in writing, exclude a person or a class of
persons from the obligation to comply with any of regulations 92.095,
92.100, 92.105, 92.115, 92.120, 92.125, 92.130 and 92.140 that apply
to the person or class.
(2) Before excluding a person or class of persons from that obligation,
CASA must take into account any relevant considerations relating to
the safe carriage, or consignment for carriage, of dangerous goods on
an aircraft.
(3) An exclusion is subject to the person, or each person in the class,
complying with any conditions that CASA specifies in the instrument
of exclusion as being necessary in the interests of safety.
(4) If a person applies for exclusion under subregulation (1), and CASA
decides not to grant the exclusion, CASA must, as soon as practicable
after making the decision, tell the person, in writing, of the decision
and must include in the notice a statement of the reasons for the
decision.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page – Amdt No. 8 – June 2004 Civil Aviation Safety Authority
Part 92 — 28
Subpart 92.D Limitations on application of Subparts 92.B and
92.C
92.160 Aircraft operated by law enforcement authorities
(1) Regulations 92.020, 92.025, 92.030 and 92.035 do not apply to the
carriage of dangerous goods by an Australian aircraft, or by a person
on an Australian aircraft, operated by an Australian law enforcement
authority if:
(a) the aircraft is performing an operation solely for law enforcement
purposes within Australian territory; and
(b) the goods are not of a kind that is forbidden for transport by air
under any circumstances by the Technical Instructions; and
(c) the goods are in a proper condition for carriage by air and are
stowed and secured safely in the aircraft, and the aircraft’s pilotin-
command is told before the flight what the goods are and
where they are on board the aircraft; and
(d) the authority has a dangerous goods manual that complies with
regulation 92.055, has established safety and emergency
procedures for the goods, and that manual or the authority’s
operations manual contains detailed instructions in relation to
those procedures; and
(e) only persons essential to the operation are carried on the aircraft
while the goods are on board the aircraft.
(2) For subregulation (1), the Australian law enforcement authorities are
the following:
(a) the Australian Federal Police;
(b) the Australian Customs Service;
(c) the Australian Quarantine and Inspection Service;
(d) the police force or police service of a State or the Northern
Territory.
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.
92.165 Helicopter-slung loads
Regulations 92.020, 92.025, 92.030 and 92.035 do not apply to the
carriage of dangerous goods by an Australian aircraft that is a
helicopter if:
(a) the helicopter is operating in Australian territory; and
(b) the goods:
(i) are carried as a slung load; and
(ii) are in a proper condition for carriage by air; and
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 – December 2004 Civil Aviation Safety Authority
Part 92 — 29
(iii) are segregated in accordance with the Technical
Instructions, or, if they are likely to react dangerously with
one another, are not carried in the same load; and
(iv) are not of a kind that the Technical Instructions forbid the
transport of by air under any circumstances; and
(v) are packed and stowed to prevent leakage or damage
during the flight; and
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