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Part 2 · Carriage of Dangerous Goods by Air

14. Dangerous goods in air mail

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(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.

Subregulation 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.

Subregulation 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).

Subregulation 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.

Subregulation 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.

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