Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p27
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 27/70)
Character Range: 3184427–3187263

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 this subregulation if the operation is one in which the aircraft carries an aerial work passenger.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

Division 138.C.2—Operational documents

138.210  Compliance with flight manual
 (1) This regulation applies to the operator of an aircraft for an aerial work operation whether or not the operator holds an aerial work certificate.
 (2) The operator and the pilot in command of an aircraft for a flight involving an aerial work operation each contravene this subregulation if the aircraft is operated in a way during the flight that does not meet a requirement or limitation that:
 (a) is set out in the aircraft flight manual instructions for the aircraft; and
 (b) relates to the operation of the aircraft.
 (3) Subregulation (2) does not apply to a limitation or requirement if circumstances prescribed by the Part 138 Manual of Standards apply to the aircraft for the flight.
 (4) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (3): see subsection 13.3(3) of the Criminal Code.

138.215  Availability of checklists
 (1) The operator of an aircraft for a flight involving an aerial work operation contravenes this subregulation if the requirement mentioned in subregulation (2) is not met.
 (2) The requirement is that, before a crew member for the aircraft begins to carry out a duty of the crew member's position, the operator must make each checklist of normal, abnormal and emergency procedures for the aircraft that is relevant to the duty available to the crew member.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

Division 138.C.3—Flight related documents

138.220  Electronic documents
  To avoid doubt, if a document is required to be carried on a flight of an aircraft under this Division, that requirement is taken to be satisfied if an electronic copy of the document is carried on the flight.
Note: Electronic copies may not satisfy the requirements of the law of a foreign country for flights that begin or end at an aerodrome outside Australian territory.

138.225  Availability of parts of operations manual
 (1) The operator of an aircraft for a flight contravenes this subregulation if the following parts of the aircraft operator's operations manual are not available to a crew member