23Dangerous goods

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 (ab) in accordance with the Aviation Transport Security Regulations 2005, including any conditions subject to which those 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 (ab) in accordance with the Aviation Transport Security Regulations 2005, including any conditions subject to which those 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.

(2AA) A person must not carry or consign for carriage any goods on board an aircraft and be negligent as to whether the goods are dangerous goods, 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) in accordance with the Aviation Transport Security Regulations 2005, including any conditions subject to which those regulations permit the carriage or consignment of those goods; or (c) with the written permission of CASA and in accordance with any conditions specified in the permission.

Penalty: Imprisonment for 2 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 (ab) in accordance with the Aviation Transport Security Regulations 2005, including any conditions subject to which those 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.