Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p49
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 49/70)
Character Range: 3243169–3246192

operator is subject to a requirement mentioned in subregulation (1); and
 (b) the requirement is not met.
 (4) A person commits an offence of strict liability if the person contravenes subregulation (3).
Penalty: 10 penalty units.

139.090  Monitoring airspace and reporting infringements
 (1) The Part 139 Manual of Standards may prescribe requirements relating to:
 (a) monitoring the airspace around a certified aerodrome for infringements, or potential infringements, of the airspace; and
 (b) reporting such infringements, or potential infringements.
 (2) Without limiting subregulation (1), the Part 139 Manual of Standards may prescribe requirements relating to the following:
 (a) monitoring the obstacle limitation surfaces of an aerodrome;
 (b) monitoring other surfaces and obstacles associated with the airspace around an aerodrome;
 (c) establishing procedures for monitoring;
 (d) kinds of infringements that must be monitored for and reported;
 (e) persons to whom infringements must be reported;
 (f) how infringements must be reported;
 (g) information that must be reported;
 (h) the form and manner in which information must be reported;
 (i) establishing procedures for reporting.
 (3) To avoid doubt, and without limiting subregulation (1) or (2), an infringement of airspace may include a gaseous efflux or other emissions source that affects the airspace.
 (4) The operator of a certified aerodrome contravenes this subregulation if:
 (a) the operator is subject to a requirement mentioned in subregulation (1); and
 (b) the requirement is not met.
 (5) A person commits an offence of strict liability if the person contravenes subregulation (4).
Penalty: 10 penalty units.

Division 139.C.4—Safety management, emergency preparedness and other systems

139.095  Safety management systems and risk management plans
 (1) The Part 139 Manual of Standards may prescribe:
 (a) the circumstances in which a certified aerodrome must have a safety management system; and
 (b) requirements relating to safety management systems for aerodromes; and
 (c) the circumstances in which a certified aerodrome must have a risk management plan; and
 (d) requirements relating to risk management plans for aerodromes.
 (2) The operator of a certified aerodrome contravenes this subregulation if:
 (a) the Part 139 Manual of Standards requires the aerodrome to have a safety management system; and
 (b) any of the following apply:
 (i) the aerodrome does not have a safety management system;
 (ii) a requirement mentioned in paragraph (1)(b) that applies in relation to the safety management system for the aerodrome is not met;
 (iii) a procedure under the safety management system for the aerodrome is not complied with.
 (3) The operator of a certified aerodrome contravenes this subregulation if:
 (a) the Part 139 Manual of Standards requires the aerodrome to have a risk management plan; and
 (b) either:
 (i) the aerodrome does not have a risk management plan; or
 (ii) a requirement mentioned in paragraph (1)(d)