PART 4
MISCELLANEOUS PROVISIONS
Provision of information
25.—(1)  An operator of an aircraft used or to be used for any flight involving the carriage of dangerous goods, or an agent of such an operator, must —
(a)as early as practicable and before the start of the flight, provide to the pilot‑in‑command of the aircraft and other personnel with responsibilities relating to the operational control of the aircraft (including the flight operations officer, flight dispatcher and designated ground personnel responsible for the aircraft’s flight operations) all such information that is specified in the Technical Instructions so as to enable them to carry out their responsibilities with regard to the carriage of dangerous goods;
(b)retain a legible copy of the information required under sub‑paragraph (a) on the ground, together with an indication that the pilot‑in‑command of the aircraft has received the information;
(c)ensure that whilst the aircraft is in flight, the information required under sub‑paragraph (a) is readily accessible to the flight operations officer, flight dispatcher, and designated ground personnel responsible for the aircraft’s flight operations;
(d)ensure that at any point where a passenger may (without the involvement of another person) complete the purchase of a passenger ticket, or be issued with a boarding pass, in respect of the flight —
(i)the passenger is warned and provided with information (which may be in text or pictorial form) as to the types of dangerous goods that the passenger is forbidden to transport aboard the aircraft as provided in the Technical Instructions (called in this regulation the relevant restrictions); and
(ii)the passenger indicates that he or she understands the relevant restrictions;
(e)ensure that information (which must include visual examples) on the relevant restrictions is displayed at every location —
(i)where any passenger tickets or boarding passes are issued in respect of the flight;
(ii)where any baggage intended to be carried on the flight is dropped off or checked in; or
(iii)that serves as boarding area for the flight;
(f)provide to their flight crew members and other employees —
(i)all such information that is necessary to enable the flight crew members and 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;
(g)in the event that the aircraft is involved in any accident or serious incident involving (or suspected to involve) dangerous goods on the aircraft, provide, without delay, the information about the dangerous goods as shown on the written information given to the pilot‑in‑command of the aircraft under sub‑paragraph (a), to —
(i)any emergency services or rescue personnel responding to the accident or serious incident; and
(ii)the appropriate authorities and the State in which the accident or serious incident occurred; and
(h)in the event of any in‑flight emergency involving the aircraft, require the pilot‑in‑command of the aircraft to inform, as soon as the situation permits, the appropriate air traffic services unit (for the information of the operator of the aerodrome of intended landing) of the dangerous goods on the aircraft in accordance with the Technical Instructions.
(2)  An aerodrome operator must ensure that every passenger who intends to board any aircraft departing from the aerodrome is warned and provided with information (which must include visual examples) on the relevant restrictions.
(3)  For the purposes of paragraph (1)(c), an aircraft is in flight —
(a)in the case where the aircraft is an aeroplane — from the moment the aeroplane first moves for the purpose of taking off until the moment the aeroplane finally comes to rest after landing at the end of the flight; and
(b)in the case where the aircraft is a helicopter — from the moment the helicopter’s rotor blades first start turning for the purpose of taking off until the moment the helicopter finally comes to rest (with its rotor blades stopped) after landing at the end of the flight.
(4)  A person that contravenes paragraph (1)(a), (b), (c), (d) or (e) or (2) 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 (1)(f), (g) or (h) 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)  In this regulation, “serious incident” has the meaning given by paragraph 2(1) of the Air Navigation (Investigation of Accidents and Incidents) Order (O 7).
Administrative relief from Technical Instructions compliance
26.—(1)  For the purposes of —
(a)regulation 17(1) and (3);
(b)regulation 18(1)(a), (b) and (c);
(c)regulation 19(2)(e);
(d)regulation 22(1)(b); and
(e)regulation 23(1)(a),
the Director‑General of Civil Aviation may grant any particular person (including any operator or shipper) in any particular case relief from complying with any Technical Instruction referred to in any of those provisions (called in this regulation the relevant provision), either absolutely or subject to any conditions that the Director‑General of Civil Aviation thinks fit, if —
(f)the Director‑General of Civil Aviation is satisfied that —
(i)the relief from compliance with the relevant provision is a matter of extreme urgency;
(ii)other forms of transport are inappropriate; or
(iii)full compliance with the relevant provision of the Technical Instructions is contrary to public interest; and
(g)the person makes every effort to achieve an overall level of safety in transport which is at least equivalent to the level of safety required or provided for in the Technical Instructions.
(2)  An application for relief under paragraph (1) from complying with Technical Instructions (called in this regulation a relief) must —
(a)be made to the Director‑General of Civil Aviation in the form and manner the Director‑General of Civil Aviation requires; and
(b)be accompanied by any documents and information that the Director‑General of Civil Aviation may require to decide on the application.
(3)  Any relief granted is valid only for the period (not exceeding one year) that the Director‑General of Civil Aviation may determine.
(4)  A person that is granted any relief must —
(a)provide a copy of the documents evidencing the relief granted to the operator of any aircraft on which the dangerous goods are to be loaded or transported;
(b)provide copies of the documents mentioned in sub‑paragraph (a) upon request by any of the States concerned; and
(c)attach the documents mentioned in sub‑paragraph (a) to the dangerous goods transport document accompanying the dangerous goods.
(5)  In paragraph (4)(b), “States concerned” means —
(a)the State of the operator;
(b)the State of Origin;
(c)the State of Overflight;
(d)the State of Transit; and
(e)the State of Destination.
Fees
27.—(1)  The provisions of the Second Schedule are to have effect with respect to the fees to be charged in connection with the application for, or the grant, issue, validation, renewal, extension or variation, of any permit, approval or other document (including a copy of any permit, approval or document), required or provided by or for the purpose of these Regulations.
(2)  The Director‑General of Civil Aviation may, in any particular case, waive or refund in whole or in part any fee payable under these Regulations on any terms and conditions that the Director‑General of Civil Aviation thinks fit.
Financial penalties
28.—(1)  Subject to paragraphs (2) and (3), where the Authority is of the opinion that a shipper or an operator of an aircraft, or an agent of a shipper or an operator of an aircraft (called in this regulation the responsible person) is contravening or has contravened any provision in Part 2 or 3 (being a contravention that is not an offence under the Act), the Authority may impose on the responsible person a financial penalty not exceeding the higher of —
(a)$500,000; or
(b)5% of the responsible person’s annual revenue derived from the regulated activity.
(2)  Before exercising any power under paragraph (1), the Authority must give written notice to the responsible person —
(a)stating that the Authority intends to impose on the responsible person a financial penalty under this regulation;
(b)specifying each instance of non‑compliance that is the subject of the financial penalty; and
(c)specifying the time (being not less than 14 days after the service of the notice on the responsible person) within which written representations may be made to the Authority with respect to the non‑compliance that is the subject of the financial penalty.
(3)  The Authority may, after considering any written representations made under paragraph (2)(c), decide to impose any financial penalty under paragraph (1) that the Authority considers appropriate.
(4)  Where the Authority has made any decision under paragraph (3) against a responsible person, the Authority must give written notice to the responsible person specifying —
(a)the amount of the financial penalty imposed on the responsible person; and
(b)the period within which the financial penalty is to be paid.
(5)  To avoid doubt, this regulation does not affect the operation of section 17, 18 or 19 of the Act.
(6)  In this regulation —
“annual revenue” means the amount of money received by a responsible person in the calendar year during which the responsible person contravened a provision in Part 2 or 3 (being a contravention that is not an offence under the Act);
“regulated activity” means the flights or operations regulated under these Regulations.