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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 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.



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