Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p41
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 41/75)
Character Range: 3409347–3412274

(1) If satisfied that it is necessary in the interests of aviation safety, CASA may direct a Part 142 operator to change its exposition:
 (a) to remove particular information, procedures or instructions from the exposition; or
 (b) to include particular information, procedures or instructions in the exposition; or
 (c) to revise or vary the information, procedures or instructions in the exposition.
 (2) CASA may direct a Part 142 operator to remove any of the operator's key personnel from the person's position if satisfied that the person is not:
 (a) carrying out the responsibilities of the position; or
 (b) if the person is the chief executive officer—properly managing matters for which the person is accountable.
 (3) A direction under this regulation must:
 (a) be in writing; and
 (b) state the time within which the direction must be complied with.
 (4) A Part 142 operator commits an offence if:
 (a) CASA gives the operator a direction under this regulation; and
 (b) the operator does not comply with the direction within the time stated in the direction.
Penalty: 50 penalty units.
 (5) An offence against this regulation is an offence of strict liability.
Subpart 142.D—Part 142 operators—organisation and personnel
Note: For the qualifications for the position of head of aircraft airworthiness and maintenance control, see the qualifications specified in the Part 42 Manual of Standards for the position of continuing airworthiness manager.

142.160  Part 142 operators—organisation and personnel
 (1) A Part 142 operator must maintain an organisational structure that effectively manages its authorised Part 142 activities, taking into account the following:
 (a) the nature and complexity of the activities;
 (b) the number and kinds of aircraft or flight simulation training devices used to conduct the activities;
 (c) the number and location of training bases used by the operator to conduct the activities;
 (d) the number of the operator's personnel;
 (e) for Part 142 flight training—the number of course participants undertaking the training;
 (f) for contracted training—the number of contracting operators and the number of their personnel for which the Part 142 operator is conducting contracted training;
 (g) for contracted checking—the number of contracting operators and the number of their personnel for which the Part 142 operator is conducting contracted checking.
 (2) A Part 142 operator commits an offence if any of the operator's key personnel carries out a responsibility of the person's position otherwise than in accordance with the operator's exposition or this Subpart.
Penalty: 50 penalty units.

142.165  Part 142 operators—key personnel cannot carry out responsibilities
 (1) A Part 142 operator commits an offence if:
 (a) the operator becomes aware that any of its key personnel cannot carry out, or is likely to be unable to carry out, the person's responsibilities for