Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies to the operator of an aircraft for an aerial work operation whether or not the operator holds an aerial work certificate.
(2) The operator and the pilot in command of an aircraft for a flight involving an aerial work operation each contravene this subregulation if the aircraft is operated in a way during the flight that does not meet a requirement or limitation that:
(a) is set out in the aircraft flight manual instructions for the aircraft; and
(b) relates to the operation of the aircraft.
(3) Subregulation (2) does not apply to a limitation or requirement if circumstances prescribed by the Part 138 Manual of Standards apply to the aircraft for the flight.
(4) A person commits an offence of strict liability if the person contravenes subregulation (2).
Note: A defendant bears an evidential burden in relation to the matters
in subregulation (3): see subsection 13.3(3) of the Criminal
Code .