Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p8
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 8/70)
Character Range: 3133607–3136502

necessary or convenient to be prescribed for carrying out or giving effect to this Part.
Note: A Manual of Standards is a legislative instrument: see subsection 98(5AA) of the Act.

138.025  Approvals by CASA for Part 138
 (1) If a provision of this Part, or of the Part 138 Manual of Standards, refers to a person holding an approval under this regulation, the person may apply to CASA, in writing, for the approval.
 (2) Subject to regulation 11.055, CASA must grant the approval.
 (3) Subregulation 11.055(1B) applies to the granting of an approval under this regulation for either of the following provisions:
 (a) paragraph 138.090(2)(a);
 (b) paragraph 138.100(3)(a).
Subpart 138.B—Certification

Division 138.B.1—Requirement for certification for certain operations

138.030  Requirement to hold aerial work certificate
 (1) A person contravenes this subregulation if:
 (a) the person conducts an aerial work operation (other than an aerial work operation covered by subregulation (2)); and
 (b) the person does not hold an aerial work certificate that authorises the person to conduct the operation.
 (2) An aerial work operation in an aircraft is covered by this subregulation if either or both of the following apply:
 (a) the operation is spotting or photography and no remuneration is received by any of the following for the operation:
 (i) the pilot;
 (ii) the person mentioned in subregulation (3);
 (iii) a person or organisation on whose behalf the operation is conducted;
 (b) the operation:
 (i) is conducted over land owned or occupied by the person mentioned in subregulation (3); and
 (ii) is not conducted over a populous area or public gathering; and
 (iii) is not an external load operation involving the carriage of a person as an external load.
 (3) The person is:
 (a) if the aircraft is required to be registered—the registered operator of the aircraft; or
 (b) otherwise—the owner of the aircraft.
 (4) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

Division 138.B.2—Aerial work certificates

138.035  Application for aerial work certificate
 (1) A person may apply to CASA, in writing, for an aerial work certificate.
 (2) The application must include the following:
 (a) the applicant's name (including any operating or trading name), contact details and ABN (if any);
 (b) if the address of the applicant's operational headquarters is different from its mailing address—the address of its operational headquarters;
 (c) if the applicant is a corporation registered in Australia that has an ACN—its ACN and the address of its 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,