Division 4 — Dangerous goods in air mail
Dangerous goods in air mail
14.—(1)  A person must not accept dangerous goods as or in mail to convey or deliver by post by air unless the person is a public postal operator acting in accordance with this regulation.
(2)  A public postal operator may accept any dangerous goods as or in mail to convey or deliver by post by air only if —
(a)the dangerous goods are of the kind permitted under the Technical Instructions to be carried by air as mail;
(b)the public postal operator —
(i)has in place procedures (which are approved by the Director‑General of Civil Aviation) for controlling the introduction of such dangerous goods in air transport; and
(ii)complies with the provisions of regulation 19; and
(c)where the dangerous goods are lithium batteries contained in equipment, the public postal operator does so in accordance with an approval granted by the Director‑General of Civil Aviation to the public postal operator in respect of any such dangerous goods (called in these Regulations lithium batteries approval).
(3)  A person that contravenes paragraph (1) 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.
(4)  To avoid doubt, nothing in this regulation authorises the conveyance, despatch or delivery by post of any article or substance that is prohibited by or under the Postal Services Act 1999.
Lithium batteries approval
15.—(1)  An application by a public postal operator for any lithium batteries approval must —
(a)be made to the Director‑General of Civil Aviation at the time and in the form and manner required by the Director‑General of Civil Aviation; and
(b)be accompanied by any information and documents that the Director‑General of Civil Aviation may require to decide on the application.
(2)  The Director‑General of Civil Aviation may refuse to consider an application for any lithium batteries approval that is —
(a)incomplete; or
(b)not made in accordance with paragraph (1).
(3)  After considering any application by a public postal operator for any lithium batteries approval, the Director‑General of Civil Aviation may —
(a)grant the lithium batteries approval to the public postal operator, subject to any conditions that the Director‑General of Civil Aviation thinks fit; or
(b)refuse to grant the application.
(4)  Any lithium batteries approval granted under paragraph (3)(a) is valid for the period (not exceeding one year) that the Director‑General of Civil Aviation may determine.
(5)  The Director‑General of Civil Aviation may withdraw any lithium batteries approval, or impose, add, delete, substitute or modify any conditions in respect of any such approval, if —
(a)the Director‑General of Civil Aviation considers such action necessary to ensure compliance with these Regulations or any other relevant aviation safety subsidiary legislation; or
(b)the Director‑General of Civil Aviation is satisfied that there is or is likely to be a failure to comply with these Regulations or any other relevant aviation safety subsidiary legislation.
(6)  To avoid doubt, a lithium batteries approval granted under paragraph (3)(a) is not an aviation safety instrument.