Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p52
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 52/75)
Character Range: 3439713–3442607

the operator is competent to use the device to conduct the activity.

142.320  Part 142 operators—proficiency of instructors
 (1) A Part 142 operator commits an offence if:
 (a) an instructor for the operator conducts an authorised Part 142 activity for the operator; and
 (b) the instructor does not meet the requirement mentioned in subregulation (2).
Penalty: 50 penalty units.
 (2) For paragraph (1)(b), the requirement is that the instructor must:
 (a) hold a valid standardisation and proficiency check for the operator under regulation 142.325; or
 (b) be successfully participating in the operator's internal training and checking system.
 (3) An offence against this regulation is an offence of strict liability.

142.325  Part 142 operators—holding valid standardisation and proficiency check for operator
 (1) An instructor for a Part 142 operator holds a valid standardisation and proficiency check for the operator if:
 (a) the instructor has successfully completed the operator's standardisation and proficiency check; and
 (b) the check complies with regulation 142.330; and
 (c) under subregulation (2) or (3), the check is valid.
 (2) A standardisation and proficiency check is valid for the period comprising:
 (a) the period beginning on the day on which the check is completed, and ending at the end of the month in which the check is completed; and
 (b) the period of 12 months immediately following the month in which the check was completed.
 (3) If:
 (a) an instructor holds a standardisation and proficiency check that is valid under subregulation (2) (the existing check); and
 (b) the instructor successfully completes a new standardisation and proficiency check on a day that is less than 3 months before the day on which the existing check is due to expire;
the new check is valid for 12 months beginning at the end of the day on which the existing check expires.

142.330  Part 142 operators—standardisation and proficiency check requirements
 (1) A Part 142 operator's standardisation and proficiency check for an instructor must check the competency of the instructor to conduct the Part 142 activity that the operator has engaged the instructor to conduct.
 (2) The check must be carried out by:
 (a) the operator's head of operations; or
 (b) a person authorised to conduct the check by the operator's head of operations.

142.335  Part 142 operators—instructors and examiners—training in human factors principles and non‑technical skills
 (1) A Part 142 operator commits an offence if:
 (a) an instructor or examiner for the operator conducts an authorised Part 142 activity for the operator; and
 (b) the instructor or examiner does not meet the requirements in the operator's exposition about training in human factors principles and non‑technical skills.
Penalty: 50 penalty units.
 (2) An offence against this regulation is an offence of strict liability.