Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p39
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 39/70)
Character Range: 3215696–3218395

authorising the operation.
 (1) A pilot is qualified as pilot in command of an aircraft for a flight involving an aerial work operation if:
 (a) the pilot is:
 (i) if the aircraft is an Australian aircraft—authorised under Part 61 to carry out, in relation to the flight, the duties assigned to the pilot by the operator of the flight; or
 (ii) if the aircraft is a foreign registered aircraft—authorised by the aircraft's State of registry to carry out, in relation to the flight, the duties assigned to the pilot by the operator of the flight; and
 (b) the pilot has the qualifications and experience required by the operator's operations manual (if any) for the flight; and
 (c) the pilot has the qualifications and experience prescribed by the Part 138 Manual of Standards for the flight.
 (2) The pilot in command of an aircraft for a flight involving an aerial work operation contravenes this subregulation if:
 (a) the pilot performs a duty as pilot in command for the flight; and
 (b) the pilot is not qualified under subregulation (1) as pilot in command for the flight.
 (2A) The operator of an aircraft for a flight involving an aerial work operation contravenes this subregulation if:
 (a) the operator assigns a pilot to duty as pilot in command of the aircraft for the flight; and
 (b) the pilot is not qualified under subregulation (1) as pilot in command for the flight.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (2) or (2A).
Penalty: 50 penalty units.

138.505  Training and checking to be conducted by certain persons
 (1) The operator of an aircraft contravenes this subregulation if:
 (a) a flight crew member of the operator's personnel undertakes training or a check mentioned in this Subpart; and
 (b) the training or check is conducted other than in accordance with subregulation (2).
 (2) The training or check must be conducted by:
 (a) an individual who:
 (i) is engaged by the operator (whether by contract or other arrangement) to conduct the training or check; and
 (ii) meets the requirements prescribed by the Part 138 Manual of Standards; or
 (b) a Part 142 operator with which the operator has a contract for the Part 142 operator to conduct the training or check for the operator.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Subpart 138.P—Air crew members and task specialists

Division 138.P.1—Air crew members

138.535  Application of Division 138.P.1
  This Division applies in relation to an operator of an aircraft for a flight involving an aerial work operation if an air crew member is carried on the aircraft for the flight.