Federal Register of Legislation - Australian Government

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This instrument is a permission for the carriage, or consignment for carriage, of particular dangerous goods on an aircraft and, subject to conditions, permits several kinds of persons to carry, or consign for carriage, isopropanol or isopropyl alcohol on a registered Australian aircraft operated by the holder or an Air Operator's Certificate for a flight within Australian territory.
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Registered 25 May 2023
To be repealed 31 May 2025
Repealed by Self Repealing

Instrument number CASA 29/23

I, WILLIAM ANDREW TOOTELL, National Manager, Regulatory Services, Regulatory Oversight Division, a delegate of CASA, make this instrument under section 23 of the Civil Aviation Act 1988 (the Act).

[Signed W. Tootell]

William Tootell
National Manager, Regulatory Services

Regulatory Oversight Division

24 May 2023

CASA 29/23 — Dangerous Goods (Isopropanol and Isopropyl Alcohol) Permission 2023

(This instrument constitutes an exemption, issued by the appropriate National Authority as defined in ICAO Annex 18, ICAO Doc 9284-AN/905 and ICAO Doc 9284-AN/905 Supplement.)

1          Name

                 This instrument is CASA 29/23 — Dangerous Goods (Isopropanol and Isopropyl Alcohol) Permission 2023.

2          Duration

                 This instrument:

(a)   commences on 1 June 2023; and

(b)   is repealed at the end of 31 May 2025.

3          Definitions

Note   In this instrument, certain terms and expressions have the same meaning as they have in the Act and the regulations. These include: AOC, Australian territory, CASA, checked baggage and registered, in relation to an Australian aircraft.

                 In this instrument:

accountable person, for a relevant Australian aircraft, means each of the owner, operator, hirer and pilot of the aircraft.

dangerous goods has the meaning given by section 23 of the Act.

dangerous goods accident has the meaning given by subregulation 92.010(1) of the Civil Aviation Safety Regulations 1998 (CASR).

dangerous goods incident has the meaning given by subregulation 92.010(1) of CASR.

inner packaging has the same meaning as in the Technical Instructions.

intermediate packaging has the same meaning as in the Technical Instructions.

permitted dangerous goods means dangerous goods with the proper shipping name of isopropanol or isopropyl alcohol that, under the Technical Instructions, is each:

(a)   classified to be in hazard class 3, without subsidiary hazard; and

(b)   assigned UN number 1219.

                Note   At the time of preparing this instrument:

(a)     the valid edition of the Technical Instructions is the document titled Doc 9284, Technical Instructions for the Safe Transport of Dangerous Goods by Air, 2023‑2024 Edition, issued by ICAO in 2022; and

(b)     the valid edition of the Supplement to the Technical Instructions is the document titled Doc 9284 Supplement, Technical Instructions for the Safe Transport of Dangerous Goods by Air, 2023‑2024 Edition, issued by ICAO in 2022.

proper shipping name has the same meaning as in the Technical Instructions.

relevant Australian aircraft means a registered aircraft that is operated by the holder of an AOC.

relevant passenger, for a flight of a relevant Australian aircraft within Australian territory, means a passenger for the flight who:

(a)   holds, or performs the duties of, a position that requires the use of permitted dangerous goods; and

(b)   is travelling with the permitted dangerous goods for the purpose of performing a duty that requires their use.

subsidiary hazard has the same meaning as in the Technical Instructions.

Technical Instructions has the meaning given by subregulation 92.010(1) of CASR.

UN followed by a 4-digit number has the meaning given by subregulation 92.170(1) of CASR.

4          Permissions

        (1)     For paragraphs 23(2)(b) and (2A)(b) of the Act, a relevant passenger is permitted to carry or consign for carriage permitted dangerous goods as checked baggage on board a relevant Australian aircraft for a flight within Australian territory.

        (2)     The permission in subsection (1) is subject to the conditions mentioned in section 5, subsection 6(1) and paragraph 6(2)(a).

        (3)    For paragraph 23(1)(b) of the Act, an accountable person for a relevant Australian aircraft is permitted to carry permitted dangerous goods, which have been carried or consigned for carriage under subsection (1), in the hold of the relevant Australian aircraft for a flight within Australian territory.

        (4)     For paragraphs 23(2)(b) and (2A)(b) of the Act, an accountable person for a relevant Australian aircraft is permitted to carry or consign for carriage permitted dangerous goods, which have been carried or consigned for carriage under subsection (1), in the hold of the relevant Australian aircraft for a flight within Australian territory.

   (5)    The permissions in subsections (3) and (4) are subject to the conditions mentioned in subsection 6(1) and paragraph 6(2)(b).

Note   The conditions mentioned in this instrument apply in addition to a person’s obligations under the Act and Part 92 of CASR. Those obligations include, but may not be limited to, complying with the requirements for an operator in relation to its dangerous goods manual, set out in regulation 92.055 of CASR. Other relevant conditions of the carriage of dangerous goods on an aircraft include, but may not be limited to, the following:

(a)     under subregulation 92.025(2) of CASR — that the operator of the aircraft complies with the requirements of the Technical Instructions mentioned in that subregulation;

(b)     under subregulation 92.030(2) of CASR, subject to subregulation 92.030(3) of CASR — that a passenger or a member of the aircraft’s crew complies with the requirements of the Technical Instructions mentioned in subregulation 92.030(2);

(c)     under subregulation 92.035(2) of CASR — that the consignor for carriage of dangerous goods on an aircraft complies with the requirements of the Technical Instructions mentioned in that subregulation.

5          Condition — relevant passengers

                 A relevant passenger must not carry, or consign for carriage, permitted dangerous goods on a flight of a relevant Australian aircraft unless the passenger has first received written approval from the operator of the aircraft.

6          General conditions

        (1)     A relevant passenger, and each accountable person for a relevant Australian aircraft, must not carry, or consign for carriage, permitted dangerous goods unless:

(a)   the goods are carried:

             (i)  together with a respirator fit tester analysis instrument; and

            (ii)  in the checked baggage of the passenger; and

           (iii)  in the same transport case as the respirator fit tester analysis instrument; and

           (iv)  in not more than 4 inner packagings, each containing not more than 30 ml of permitted dangerous goods; and

(b)   the closure on each inner packaging is held securely in place with tape or other suitable means; and

(c)   each inner packaging is securely packed in an intermediate packaging with cushioning material in such a way that, under normal conditions of transport, it cannot break, be punctured or leak its contents; and

(d)   each intermediate packaging contains sufficient absorbent material to completely contain the contents of the inner packaging in case of breakage or leakage, regardless of the orientation of the packaging; and

(e)   the permitted dangerous goods will not, in case of breakage or leakage, have either of the following effects:

             (i)  react dangerously with the cushioning material or absorbent material;

            (ii)  reduce the integrity of the function of either of those materials; and

(f)    the intermediate packaging is securely packed in the same transport case as the respirator fit tester analysis instrument; and

(g)   a copy of this instrument is carried with the permitted dangerous goods.

        (2)     In the event of any dangerous goods accident or dangerous goods incident involving the carriage of permitted dangerous goods under this permission:

(a)   if a relevant passenger becomes aware of the accident or incident — the passenger must immediately report it to the operator; and

(b)   if an accountable person becomes aware of the accident or incident — the person must ensure that it is immediately reported to CASA.