Document ID: chunk:federal_register_of_legislation:F2024L01553:body:0:p14
Version: federal_register_of_legislation:F2024L01553
Segment Type: other
Provision Reference: 
Character Range: 34076–36935

of the operation, and the other flight crew, for the purposes of section 26.60; and
(b) for determining the pyrotechnic signalling devices required to ensure the distress signals, set out in Appendix 1 to Annex 2, Rules of the Air, to the Chicago Convention (as in force from time to time), can be made.
       (3) To avoid doubt, this section does not affect any requirement under regulation 138.345.

21 Additional responsibility of head of operations — direction
       (1) This section applies to an aerial work certificate holder who is not required to have a training a checking system under regulation 138.125 (the operator).
       (2) The operator must ensure that the head of operations has, and competently discharges, the following duties:
(a) ensuring that training and checking of the operator's operational safety‑critical personnel, whether conducted by or for the operator, is conducted in accordance with the operator's operations manual;
(b) if the operator has a contract with a Part 142 operator for training or checking the operator's flight crew:
           (i) ensuring that each person who conducts the training or checking for the Part 142 operator is authorised under Part 61 to do so; and
           (ii) ensuring that the training or checking is conducted in accordance with the aerial work operator's operations manual; and
           (iii) telling the Part 142 operator, in writing, of any change in the aerial work operator's operations manual.

22 Safety information — direction
       (1) In this section:
safety information means any safety data or information that satisfies all of the following:
(a) is in any form;
(b) is generated within, or captured, collected or held by and within, an aerial work certificate holder's approved safety management system (including a flight data analysis program (FDAP), if any);
(c) has been approved, whether directly or indirectly, by CASA as fulfilling the relevant safety management system (SMS) or FDAP obligations of the aerial work certificate holder under the civil aviation legislation;
(d) may include personal information relating to individuals.
Note 1   Civil aviation legislation has the meaning given in section 3 of the Act. It includes, for example, CAR, CASR, relevant Manuals of Standards, and legislative instruments.
Note 2   Safety information may have been approved by CASA in an indirect way, for example: by virtue of the issue of an initial aerial work certificate to an operator who is required by the civil aviation legislation to have an SMS for that purpose; or by virtue of an operator taking the benefit of an exemption under CASA EX87/21 relating to SMS under which requirements to introduce an SMS are taken to have been complied with.
       (2) This section applies to an aerial work certificate holder (the operator) for aerial work operations (the