Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p24
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 24/70)
Character Range: 3176609–3179464

by personnel
 (1) A member of an aerial work operator's personnel contravenes this subregulation if:
 (a) the member is subject to a requirement in relation to an aircraft under the operator's operations manual; and
 (b) the requirement relates to:
 (i) the operation of the aircraft; or
 (ii) the safety of the aircraft, or of a person on board the aircraft or in the vicinity of the aircraft; and
 (c) the member does not meet the requirement.
 (2) An aerial work operator contravenes this subregulation if:
 (a) a member of the aerial work operator's personnel is subject to a requirement in relation to an aircraft under the operator's operations manual; and
 (b) the requirement relates to:
 (i) the operation of the aircraft; or
 (ii) the safety of the aircraft, or of a person on board the aircraft or in the vicinity of the aircraft; and
 (c) the member does not meet the requirement.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).
Penalty: 50 penalty units.

138.165  Providing personnel with operations manual
 (1) An aerial work operator contravenes this subregulation if:
 (a) the operator's operations manual relates to a duty or responsibility of a person who is a member of the operator's personnel; and
 (b) the operator does not make the part of the operations manual that relates to the duty or responsibility available to the person before the person first begins carrying out the duty or responsibility.
 (2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

Division 138.B.9—Records and documents

138.170  Personnel training and checking records
 (1) An aerial work operator contravenes this subregulation if:
 (a) a person who is a member of the operator's personnel undertakes a training activity, obtains a qualification or certificate relating to aerial work operations or gains flying experience; and
 (b) the following records are not made within 21 days after the person undertakes the activity, obtains the qualification or certificate or gains the flying experience:
 (i) the date the activity was undertaken, the qualification or certificate obtained or the flying experience gained;
 (ii) if the activity was training or a check, flight test, flight review or assessment of competency—whether the training, check, flight test, flight review or assessment was successfully completed.
 (2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

138.175  Availability of records
 (1) An aerial work operator contravenes this subregulation if:
 (a) the operator makes a record about a person under regulation 138.170; and
 (b) the person requests that the record be made available to the person; and
 (c) the operator does not make