Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 138.005

Application of Part 138

  (1)   This Part applies in relation to the operation of an aircraft for an aerial work operation if:

  (a)   the aircraft is an aeroplane or rotorcraft; and

  (b)   Part   101 does not apply to the operation of the aircraft.

  (2)   Despite subregulation   (1), a provision of this Part does not apply in relation to the operation of an aircraft if:

  (a)   the aircraft is engaged in any of the following:

  (i)   a police, national security or customs operation;

  (ii)   a search and rescue operation conducted by, or at the request of, a search and rescue body; and

  (b)   in the circumstances, it is reasonable that the provision not apply to the operation.

  (3)   Despite subregulation   (1), a provision of this Part or the Part   138 Manual of Standards applies in relation to an operator of an aircraft for an aerial work operation only if the operator holds an aerial work certificate authorising that operation.

  (4)   Despite subregulation   (3), a provision of this Part or the Part   138 Manual of Standards applies to the operator of an aircraft for an aerial work operation whether or not the operator holds an aerial work certificate authorising that operation if the provision is expressed to so apply.

Note:   See Part   137 for matters relating to aerial application operations.


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