Instrument number CASA 70/23
I, SCOTT DUFFY, Acting National Manager Regulatory Services, Regulatory Oversight Division, a delegate of CASA, having taken into account relevant considerations relating to the safe carriage of dangerous goods on an aircraft, make this instrument under section 23 of the Civil Aviation Act 1988.
[Signed S. Duffy]
Scott Duffy
Acting National Manager Regulatory Services
Regulatory Oversight Division
CASA 70/23 — Dangerous Goods (Explosive Trace Detection Equipment) Permission 2023
1 Name
This instrument is CASA 70/23 — Dangerous Goods (Explosive Trace Detection Equipment) Permission 2023.
2 Duration
This instrument:
(a) commences on 1 January 2024; and
(b) is repealed at the end of 31 December 2026.
3 Definitions
Note In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: AOC, Australian territory, checked baggage, passenger transport operation and registered.
In this instrument:
accountable person, in relation to a relevant Australian aircraft, means each of the owner, operator, hirer and pilot of the aircraft.
adverse reaction means any of the following:
(a) release of hazardous chemical fumes;
(b) dangerous evolution of heat;
(c) an explosive, toxic or otherwise dangerous reaction.
compatible, in relation to a material and dangerous goods, means the material and dangerous goods will not react with each other to cause an adverse reaction.
dangerous goods has the meaning given by subsection 23(3) of the Act.
dangerous goods accident has the meaning given by subregulation 92.010(1) of CASR.
dangerous goods incident has the meaning given by subregulation 92.010(1) of CASR.
LEA officer means any of the following:
(a) a member of the Defence Force, within the meaning of that term in subsection 4(1) of the Defence Act 1903, who is authorised to carry permitted dangerous goods in the course of the member’s duties;
(b) an Australian law enforcement officer, within the meaning of that term in subsection 3(1) of the Crimes Act 1914.
LEA procedures means written procedures, as existing at the time this instrument commences, of the law enforcement agency of an LEA officer that describe how LEA officers of the agency must pack permitted dangerous goods for air transport.
liquid full, in relation to a permeation device, means filled so that ullage is not present in the permeation device.
permeation device means a capsule containing a chemical compound in a 2‑phase equilibrium between its gas phase and its liquid, or solid, phase.
permitted dangerous goods means explosive trace detection equipment that:
(a) is classified as “UN 2911 Radioactive material, excepted package – instruments” in the UN Classification; and
(b) contains a permeation device.
radioactive material warning label means a label that is the same as Figure 5 – 33 in the Technical Instructions, as it exists at the time this instrument commences.
relevant Australian aircraft means a registered aircraft that is operated by the holder of an AOC.
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.
UN Classification has the meaning given by subregulation 92.170(1) of CASR.
(1) For paragraphs 23(2)(b) and (2A)(b) of the Act, an LEA officer is permitted to carry permitted dangerous goods as checked baggage on board a relevant Australian aircraft for a passenger transport operation within Australian territory.
(2) For paragraphs 23(1)(b), (2)(b) and (2A)(b) of the Act, an accountable person for a relevant Australian aircraft is permitted to carry permitted dangerous goods, as checked baggage, in the cabin of the relevant Australian aircraft for a passenger transport operation within Australian territory.
(3) The permission in subsection (1) is subject to the conditions stated for an LEA officer in sections 5 and 7.
(4) The permission in subsection (2) is subject to the following conditions:
(a) for the operator of a relevant Australian aircraft — the conditions stated in sections 6 and 7;
Note The conditions in section 7 apply to the operator as an accountable person for a relevant Australian aircraft.
(b) for the pilot in command of a relevant Australian aircraft — the conditions stated in section 7;
Note The conditions in section 7 apply to the pilot as an accountable person for a relevant Australian aircraft.
(c) for an accountable person for a relevant Australian aircraft, other than the operator, or pilot, of a relevant Australian aircraft — the conditions stated in section 7.
Note Under subregulation 92.025(2) of CASR, it is a condition of the carriage of dangerous goods on an aircraft that the operator of the aircraft complies with the requirements of the Technical Instructions stated in that subregulation.
Also, under subregulation 92.030(2) of CASR, subject to subregulation 92.030(3) of CASR, it is a condition of the carriage of dangerous goods on an aircraft by a passenger that the passenger complies with the requirements of the Technical Instructions stated in subregulation (2).
5 Conditions — LEA officer
An LEA officer must not carry permitted dangerous goods as checked baggage on board a relevant Australian aircraft for a passenger transport operation within Australian territory unless:
(a) the LEA officer is travelling for the purpose of official duties; and
(b) the carriage of the permitted dangerous goods is necessary for the LEA officer to perform the LEA officer’s official duties; and
(c) the LEA officer has first received written approval, for the carriage, from the operator of the aircraft; and
(d) the LEA officer has packaged and prepared the permitted dangerous goods, and presented them to the operator’s check-in staff, in accordance with the relevant LEA procedures.
6 Conditions — operator of relevant Australian aircraft
(1) The operator of a relevant Australian aircraft must not carry permitted dangerous goods as the checked baggage of an LEA officer unless the operator has conducted a risk assessment in relation to the proposed carriage of the permitted dangerous goods.
(2) The operator of a relevant Australian aircraft must not carry permitted dangerous goods as the checked baggage of an LEA officer unless the law enforcement agency of the LEA officer has provided the operator with the agency’s LEA procedures.
(3) The operator of a relevant Australian aircraft must provide CASA with a copy of the report on any risk assessment conducted under subsection (1) within 5 business days of receiving a written request from CASA to provide a copy of the report.
(4) The operator of a relevant Australian aircraft must:
(a) ensure that the LEA procedures include measures that have the effect of placing the relevant LEA officers on notice of the obligation mentioned in paragraph 7(2)(a); and
(b) provide CASA with a copy of the LEA procedures within 5 business days of receiving a written request from CASA to provide a copy of the procedures; and
(c) give CASA at least 14 days’ written notice of any proposed amendment to its procedures relating to the carriage of permitted dangerous goods.
Note The conditions in this instrument apply in addition to a person’s obligations under the Act and Part 92 of CASR, including regulation 92.055 of CASR.
7 General conditions
(1) An LEA officer, and an accountable person for a relevant Australian aircraft, must not carry permitted dangerous goods as checked baggage unless:
(a) an internal surface of the package containing the permitted dangerous goods displays a radioactive material warning label that is easily visible after opening the package; and
(b) each permeation device contained in the permitted dangerous goods is constructed of a material that is compatible with the chemical compound the permeation device contains; and
(c) the total amount of the chemical compound in each permeation device contained in the permitted dangerous goods does not exceed 8 mL and each permeation device is not liquid full at 55°C; and
(d) the inner packaging for each permeation device contained in the permitted dangerous goods is contained in a secondary packaging constructed of:
(i) metal; or
(ii) plastic that has a minimum thickness of 1.5 mm; and
(e) the secondary packaging for each permeation device contained in the permitted dangerous goods is hermetically-sealed, and securely packed in strong packaging; and
(f) the secondary packaging for each permeation device is capable of withstanding, without breakage or leakage of any inner packaging and without significant reduction in effectiveness:
(i) each of the following free drops of the package from a height of 1.8 m onto a rigid, non-resilient, flat and horizontal surface:
(A) 1 drop flat on the bottom of the package;
(B) 1 drop flat on the top of the package;
(C) 1 drop flat on the long side of the package;
(D) 1 drop flat on the short side of the package; and
(ii) a force, equivalent to the total weight of a stack of identical packages (where the package includes a test sample) stacked to a height of 3 m applied to the top surface of the package for a duration of 24 hours; and
(g) the gross mass of the package does not exceed 23 kg.
(2) In the event of a dangerous goods accident or dangerous goods incident involving the carriage of permitted dangerous goods on a relevant Australian aircraft under this instrument:
(a) if an LEA officer becomes aware of the accident or incident — the LEA officer must immediately report it in writing to the aircraft’s operator; and
(b) if the owner, pilot or hirer of the aircraft becomes aware of the accident or incident — that person must immediately report it in writing to CASA.
(3) If the operator of a relevant Australian aircraft becomes aware of a dangerous goods accident involving the carriage of permitted dangerous goods on the aircraft under this instrument, the operator must immediately report it in writing to CASA.
Note For the responsibilities of a commercial operator in relation to the reporting of a dangerous goods incident, see subregulation 92.065(2) of CASR.