Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p11
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 11/70)
Character Range: 3141738–3144619

(i) each provision of this Part that applies to the person; and
 (ii) each direction given to the person, or obligation imposed on the person, by CASA under a provision of these Regulations; and
 (iii) each other provision of the civil aviation legislation that applies to the operator's aerial work operations mentioned in the certificate;
 (c) each vacancy in the operator's key personnel must be:
 (i) notified to CASA within the period specified in the operator's operations manual; and
 (ii) filled within the period specified in the operator's operations manual;
 (d) each of the operator's personnel must comply with each provision of the civil aviation legislation that applies to the operator's aerial work operations mentioned in the certificate;
 (e) if the operator is an individual—the individual must be the chief executive officer of the operator's organisation;
 (f) if the operator is required by regulation 138.125 to have a training and checking system:
 (i) the positions of chief executive officer and head of training and checking may be occupied by the same person only if the operator holds an approval under regulation 138.025 for this subparagraph; and
 (ii) the positions of head of operations and head of training and checking may be occupied by the same person only if the operator holds an approval under regulation 138.025 for this subparagraph;
 (g) if the operator is required by regulation 138.140 to have a safety management system:
 (i) the positions of chief executive officer and safety manager may be occupied by the same person only in an unforeseen circumstance, and only for the period mentioned in subregulation (2); and
 (ii) the positions of head of operations and safety manager may be occupied by the same person only in an unforeseen circumstance, and only for the period mentioned in subregulation (2).
 (2) For subparagraphs (1)(g)(i) and (ii), the period is:
 (a) no more than 7 consecutive days for each unforeseen circumstance; or
 (b) if the operator holds an approval under regulation 138.025 for this paragraph in relation to an unforeseen circumstance—the period mentioned in the approval for the unforeseen circumstance.

138.055  Compliance with conditions of aerial work certificates
 (1) An aerial work operator contravenes this subregulation if the operator contravenes a condition of its aerial work certificate.
 (2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

Division 138.B.3—Changes relating to aerial work operators

138.060  Changes of name etc.
 (1) An aerial work operator contravenes this subregulation if the operator:
 (a) makes a change mentioned in subregulation (2); and
 (b) does not, before making the change:
 (i) amend the operator's operations manual to reflect the change; and
 (ii) give CASA written notice of the change