Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p13
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 13/70)
Character Range: 3146983–3149926

for an aerial work operator if satisfied that the requirements mentioned in subregulation 138.040(1) will continue to be met.
 (2) If CASA approves the significant change, CASA is taken to have also approved the changes to the operator's operations manual covered by the application.

138.066  Changes must be made in accordance with process in operations manual
 (1) An aerial work operator contravenes this subregulation if:
 (a) the operator makes a change; and
 (b) the change is not made in accordance with the process included in the operator's operations manual in accordance with paragraph 138.155(1)(m).
 (2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

138.068  CASA directions relating to operations manual or key personnel
 (1) If CASA is satisfied that it is necessary in the interests of aviation safety, CASA may direct an aerial work operator to change its operations manual:
 (a) to remove particular information, procedures or instructions from the operations manual; or
 (b) to include particular information, procedures or instructions in the operations manual; or
 (c) to revise or vary the information, procedures or instructions in the operations manual.
 (2) CASA may direct an aerial work 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) An aerial work operator contravenes this subregulation 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.
 (5) A person commits an offence of strict liability if the person contravenes subregulation (4).
Penalty: 50 penalty units.

Division 138.B.4—Organisation and personnel

138.070  Organisation and personnel
 (1) An aerial work operator must maintain an organisational structure that effectively manages the operator's aerial work operations, taking into account the size, nature and complexity of the operations.
 (2) An aerial work operator contravenes this subregulation if any of the operator's key personnel carries out a responsibility of the person's position in a way that contravenes the operator's operations manual or this Subpart.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.

138.075  Key personnel cannot carry out responsibilities
 (1) An aerial work operator contravenes this subregulation if:
 (a) the operator becomes aware that any of its key personnel cannot carry out, or is likely to be unable to