Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p9
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 9/70)
Character Range: 3136239–3139293

registered office;
 (d) if the applicant is a corporation not registered in Australia—the place it was incorporated or formed;
 (e) the aerial work operations that the applicant proposes to conduct;
 (f) a written undertaking that, if CASA issues the certificate, the organisation established by the applicant to conduct the applicant's proposed aerial work operations (the applicant's organisation) will:
 (i) be capable of operating in accordance with the applicant's proposed operations manual and the civil aviation legislation; and
 (ii) operate in accordance with the applicant's proposed operations manual and the civil aviation legislation.
 (3) The application must be accompanied by:
 (a) a copy of the applicant's proposed operations manual; and
 (b) if the applicant proposes to conduct operations mentioned in regulation 138.125—a copy of the applicant's proposed training and checking manual; and
 (c) if the applicant proposes to conduct operations mentioned in regulation 138.140—a copy of the applicant's proposed safety management system manual.
 (4) The application must be signed by the person appointed, or proposed to be appointed, as the chief executive officer of the applicant's organisation.

138.040  Issue of aerial work certificate
 (1) Subject to regulation 11.055, CASA must issue the certificate if satisfied of each of the following:
 (a) the applicant's proposed operations manual complies with regulation 138.155;
 (b) the applicant can conduct the proposed aerial work operations safely and in accordance with its operations manual and the civil aviation legislation;
 (c) the organisation established, or proposed to be established, by the applicant to conduct the applicant's proposed aerial work operations (the applicant's organisation) is suitable to ensure that the operations can be conducted safely, having regard to the nature of the operations;
 (d) the chain of command of the applicant's organisation is appropriate to ensure that the operations can be conducted safely;
 (e) the applicant's organisation has a sufficient number of suitably qualified and competent personnel to conduct the operations safely;
 (f) the facilities of the applicant's organisation are sufficient to enable the operations to be conducted safely;
 (g) the applicant's organisation has suitable procedures and practices to control the organisation and ensure the operations can be conducted safely;
 (h) each of the key personnel appointed, or proposed to be appointed, to a position in the applicant's organisation:
 (i) is a fit and proper person to be appointed to the position; and
 (ii) has the qualifications and experience required by Division 138.B.4 for the position; and
 (iii) has the qualifications and experience for the position (if any) required by the applicant's operations manual; and
 (iv) has the additional qualifications and experience (if any) required by CASA under regulation 138.120 for the position.
 (2) For paragraph (1)(b), without limiting the matters that CASA may consider, CASA must consider the