Division 6 — Operator’s and shipper’s responsibilities
Operator’s responsibilities
17.—(1)  An operator of an aircraft, or an agent of an operator of an aircraft, must not accept any dangerous goods for carriage on the aircraft unless —
(a)the dangerous goods are accompanied by a completed and properly executed dangerous goods transport document, except where the Technical Instructions indicate that such a document is not required; and
(b)the package, overpack or freight container containing the dangerous goods has been inspected, and all accompanying transport documents have been verified, in accordance with the acceptance procedures contained in the Technical Instructions.
(2)  For an inspection required by paragraph (1)(b), an operator of an aircraft on which any dangerous goods are to be loaded or carried, or an agent of any such operator, must —
(a)develop and use an acceptance checklist;
(b)ensure that the acceptance checklist is in a form, and provides for the recording of any details, that enables the inspection to be fully and accurately made by reference to the completion of the acceptance checklist; and
(c)ensure that the identity of the person that performed the inspection and the results of the inspection are recorded in the acceptance checklist.
(3)  An operator of an aircraft on which any dangerous goods are to be loaded or carried, or an agent of any such operator, must ensure that —
(a)all packages and overpacks containing dangerous goods and freight containers containing radioactive materials are —
(i)loaded, properly secured and stowed on the aircraft in accordance with the Technical Instructions; and
(ii)while in transit, handled and stored in accordance with the Technical Instructions;
(b)before any package or overpack containing dangerous goods or any freight container containing radioactive materials is loaded on the aircraft or into any unit load device that is to be loaded on the aircraft, the package, overpack or freight container (as the case may be) is first inspected and found free from any evidence of leakage or damage;
(c)any leaking or damaged packages, overpacks or freight containers are not loaded on the aircraft;
(d)before any unit load device containing any dangerous goods or radioactive materials is loaded on an aircraft, the unit load device is first inspected and found free from any evidence of leakage or damage;
(e)where any package or overpack containing dangerous goods that is loaded on the aircraft appears to be leaking or damaged —
(i)the leaking or damaged package or overpack is removed, without delay, from the aircraft by an appropriate authority or organisation;
(ii)no other package or baggage on the aircraft has been contaminated by the leaking or damaged package or overpack; and
(iii)where the leaking or damaged package or overpack is part of a consignment, the remainder of the consignment is in a proper condition for carriage by air;
(f)upon unloading any package or overpack containing dangerous goods or any freight container containing radioactive materials from the aircraft or a unit load device —
(i)the package, overpack or freight container (as the case may be) is inspected for any evidence of leakage or damage; and
(ii)if any evidence of leakage or damage is found during an inspection mentioned in sub‑paragraph (i), the part of the aircraft where the package, overpack or freight container was stowed is inspected for contamination or damage by the leaking or damaged package, overpack or freight container;
(g)any dangerous goods are not carried in an aircraft cabin occupied by passengers or on the flight deck of the aircraft, except in circumstances permitted by the provisions of the Technical Instructions;
(h)any hazardous contamination found on the aircraft as a result of leakage or damage to dangerous goods is removed without delay;
(i)if the aircraft is contaminated by radioactive materials, the aircraft is immediately taken out of service and not returned to service until the radiation level at any accessible surface and the non‑fixed contamination do not exceed the values specified in the Technical Instructions;
(j)any packages containing dangerous goods which might react dangerously one with another are not stowed on the aircraft next to each other or in a position that would allow interaction between them in the event of leakage;
(k)any packages of radioactive materials on the aircraft are stowed in such a manner that the packages are separated from persons, live animals and undeveloped film, in accordance with the Technical Instructions;
(l)any dangerous goods on the aircraft are secured in such a manner that prevents any movement in flight which would change the orientation of the packages, or which would cause damage to the packages;
(m)any packages containing radioactive materials are adequately secured so as to ensure, at all times, compliance with the separation requirements specified in the Technical Instructions; and
(n)any packages of dangerous goods bearing the “Cargo aircraft only” label are loaded on the aircraft in accordance with the provisions in the Technical Instructions.
(4)  An operator of an aircraft on which any dangerous goods are carried, or an agent of any such operator, must retain, for at least 3 months after the flight on which the dangerous goods were carried, at least one copy of —
(a)the completed and properly executed dangerous goods transport document required by paragraph (1)(a) in respect of the dangerous goods, except where the Technical Instructions indicate that such a document is not required;
(b)the acceptance checklist required by paragraph (2) in respect of the dangerous goods; and
(c)the written information provided to the pilot‑in‑command of the aircraft required by regulation 25(1)(a).
(5)  A person that contravenes paragraph (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction —
(a)to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; but
(b)where the person is a repeat offender — to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.
(6)  A person that contravenes paragraph (4) shall be guilty of an offence and shall be liable on conviction —
(a)to a fine not exceeding $10,000; but
(b)where the person is a repeat offender — to a fine not exceeding $20,000.
Shipper’s responsibilities
18.—(1)  Before a shipper, or an agent of a shipper, consigns any dangerous goods for carriage by air, the shipper or its agent must —
(a)ensure that the dangerous goods are not forbidden for carriage by air in any circumstances under the provisions of the Technical Instructions;
(b)ensure that the dangerous goods are properly classified, packed, marked, labelled and accompanied by a completed and properly executed dangerous goods transport document, as specified in the Technical Instructions;
(c)unless otherwise provided for in the Technical Instructions —
(i)complete and execute the dangerous goods transport document with respect to the dangerous goods, which must —
(A)contain the information required by the Technical Instructions;
(B)be in the English language; and
(C)include a declaration, signed by the shipper or its agent, that the dangerous goods are fully and accurately described by their proper shipping names and that the dangerous goods are classified, packed, marked, labelled, and in proper condition for carriage by air in accordance with the Technical Instructions; and
(ii)provide the completed and duly executed dangerous goods transport document to the operator of the aircraft on which the dangerous goods are to be carried, or to the agent of that operator; and
(d)provide to their employees —
(i)all such information that is necessary to enable the employees to carry out their responsibilities with regard to the carriage of the dangerous goods; and
(ii)instructions as to the action to be taken in the event of any emergency involving the dangerous goods.
(2)  A shipper that consigns any dangerous goods for carriage by air must retain, for at least 3 months after the flight on which the dangerous goods were carried —
(a)a copy of the completed and properly executed dangerous goods transport document required by paragraph (1) in respect of the dangerous goods, except where the Technical Instructions indicate that such a document is not required; and
(b)any other documents or information specified in the Technical Instructions.
(3)  Any document or information mentioned in paragraph (2)(a) or (b) may be kept in electronic form so long as the document or information is capable of being reproduced in a printed form.
(4)  A person that contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction —
(a)to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; but
(b)where the person is a repeat offender — to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.
(5)  A person that contravenes paragraph (2) shall be guilty of an offence and shall be liable on conviction —
(a)for a first offence — to a fine not exceeding $10,000; but
(b)where the person is a repeat offender — to a fine not exceeding $20,000.