Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p26
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 26/70)
Character Range: 3181733–3184691

the operator does not keep the record for the period beginning when the record is created and ending 1 year after the member ceases to be a member of the operator's personnel.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).
Penalty: 50 penalty units.

Division 138.B.10—Miscellaneous

138.195  Reference library
 (1) An aerial work operator contravenes this subregulation if the operator does not maintain a reference library that complies with subregulation (2).
 (2) For subregulation (1), the reference library must:
 (a) include the following documents:
 (i) all operational documents and material;
 (ii) the civil aviation legislation that is relevant to the operator's aerial work operations;
 (iii) the parts of the AIP that are relevant to the operations;
 (iv) documents that include information about each kind of aircraft operated, and each kind of aerial work operation conducted, by the operator;
 (v) any other material required for the reference library by the operator's operations manual; and
 (b) be readily available to all members of the operator's personnel; and
 (c) be up‑to‑date and in a readily accessible form; and
 (d) include a system for notifying the operator's personnel of any updates to the documents mentioned in paragraph (a).
 (3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

138.200  Maximum period for use of foreign registered aircraft in Australian territory
 (1) An aerial work operator contravenes this subregulation if, in a period mentioned in subregulation (2), the operator uses a particular foreign registered aircraft to conduct aerial work operations in Australian territory on a consecutive number of days during that period that is more than:
 (a) 90; or
 (b) if the operator holds an approval under regulation 138.025 in relation to the aircraft—the number mentioned in the approval for the aircraft.
 (2) The periods are:
 (a) the 12 month period from the day the foreign registered aircraft first becomes available to conduct the aerial work operations in Australian territory; and
 (b) each subsequent 12 month period.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Subpart 138.C—General

Division 138.C.1—General flight limitations

138.205  Permitted categories of aircraft for aerial work operations
 (1) The operator of an aircraft contravenes this subregulation if:
 (a) the aircraft is operated for a flight involving an aerial work operation; and
 (b) if the operation is covered by subregulation (2)—the aircraft is not type certificated in the normal, commuter or transport category; and
 (c) if the operation is not covered by subregulation (2)—the aircraft is not type certificated in the normal, commuter, transport, restricted or utility category.
 (2) An operation is covered by