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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 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 following:

                     (a)  the applicant's proposed:

                              (i)  operations manual; and

                             (ii)  training and checking manual (if any); and

                            (iii)  safety management system manual (if any);

                     (b)  whether the applicant can comply with the proposed operations manual, training and checking manual and safety management system manual;

                     (c)  the content of the undertaking mentioned in paragraph 138.035(2)(f);

                     (d)  details of, and reasons for, any suspension or cancellation of:

                              (i)  a civil aviation authorisation issued to the applicant; or

                             (ii)  an equivalent authorisation issued to the applicant under the law of a foreign country; or

                            (iii)  an equivalent authorisation issued to the applicant by a multinational aviation authority;

                     (e)  the suitability of the applicant's corporate and organisational structures for the proposed operations;

                      (f)  any other information:

                              (i)  accompanying the application; or

                             (ii)  in any other document given to CASA by the applicant for the application, including any document requested by CASA in relation to the application.

             (3)  For subparagraph (1)(h)(i), the matters CASA may consider in deciding whether a person is a fit and proper person include the matters mentioned in subregulation 11.055(4).

             (4)  If CASA decides to issue the certificate, CASA must determine the aerial work operations the applicant is authorised to conduct, including any limitations or conditions in relation to the aerial work operations.

             (5)  The certificate must include:

                     (a)  the matters mentioned in subregulation (4); and

                     (b)  a certificate reference number determined by CASA.



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