Document ID: chunk:federal_register_of_legislation:F2024C00341:body:0:p5
Version: federal_register_of_legislation:F2024C00341
Segment Type: other
Provision Reference: 
Character Range: 11081–13766

contained in the Civil Aviation Safety Amendment (Part138) Regulations 2018 which commences on 2 December 2021.
Note 2   Some provisions have a date of effect which is later than the date of commencement of this MOS — see paragraph 9.05 (c) and subsection 22.06 (1).

1.03 Application
       (1) Consistent with subregulations 138.005 (3) and (4) and 138.030 (1), the provisions of this MOS apply only to an operator who is an aerial work certificate holder, unless the provision is expressed to apply to an operator in an aerial work operation whether or not the operator is such a holder.
       (2) In this MOS, a provision is taken to be expressed to apply to an operator in an aerial work operation whether or not the operator is an aerial work certificate holder if the provision is expressed to apply to:
(a) an aerial work certificate holder; and
(b) a limited aerial work operator.`
Note   See the definitions of a limited aerial work operator and limited aerial work operation in subsection 1.04 (6).
       (3) Despite subsections (1) and (2), the definitions in this MOS, and the prescriptions for definitions, apply within this MOS as required by the provisions of this MOS.

1.03A References to instruments and documents
       (1) In this MOS, unless a contrary intention appears, a reference to an instrument or any other document (however described) is a reference to the instrument or document, as in force or existing from time to time.
       (2) In this MOS, unless a contrary intention appears, a reference to any legislative instrument is a reference to the instrument, as in force from time to time.
       (3) In this MOS, unless a contrary intention appears, a reference to a FAR is a reference to the FAR, as in force from time to time.
       (4) If a provision of this MOS applies, adopts or incorporates any instrument or other document, then, unless a contrary intention appears, the instrument or other document, is taken to have been applied, adopted or incorporated as in force or existing from time to time.
Note 1   This section applies to an AFM (which includes an AFM Supplement) because it is also a document.
Note 2   A reference to an instrument or other document, which only occurs in a Note to a provision, does not have the effect that the instrument or document is taken to be applied, adopted or incorporated for this MOS, unless a contrary intention appears. Such references in Notes are to documents which may be used as guidance or background information.

1.03B References to ICAO documents
       (1) In this MOS, unless a contrary intention appears, a reference to an ICAO document (however described) is a reference to the document,