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 authorising the operation.
(2) A person contravenes this subregulation if:
(a) the person is the operator, or the pilot in command, of an aircraft for a flight involving an aerial work operation; and
(b) a passenger is carried on the aircraft for the flight; and
(c) any of the following circumstances exist in relation to the flight:
(i) the passenger is not an aerial work passenger;
(ii) when the passenger is carried on the aircraft, the operator of the flight does not hold an aerial work certificate authorising the operation;
(iii) when the passenger is carried on the aircraft, the operator's operations manual does not include procedures to ensure the safety of the passenger;
(iv) any requirements about carrying the passenger that are prescribed by the Part 138 Manual of Standards for the purposes of this subparagraph are not met.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).