(1A) 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.
(1) A pilot is qualified as pilot in command of an aircraft for a flight involving an aerial work operation if:
(a) the pilot is:
(i) if the aircraft is an Australian aircraft--authorised under Part 61 to carry out, in relation to the flight, the duties assigned to the pilot by the operator of the flight; or
(ii) if the aircraft is a foreign registered aircraft--authorised by the aircraft's State of registry to carry out, in relation to the flight, the duties assigned to the pilot by the operator of the flight; and
(b) the pilot has the qualifications and experience required by the operator's operations manual (if any) for the flight; and
(c) the pilot has the qualifications and experience prescribed by the Part 138 Manual of Standards for the flight.
(2) The pilot in command of an aircraft for a flight involving an aerial work operation contravenes this subregulation if:
(a) the pilot performs a duty as pilot in command for the flight; and
(b) the pilot is not qualified under subregulation (1) as pilot in command for the flight.
(2A) The operator of an aircraft for a flight involving an aerial work operation contravenes this subregulation if:
(a) the operator assigns a pilot to duty as pilot in command of the aircraft for the flight; and
(b) the pilot is not qualified under subregulation (1) as pilot in command for the flight.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2) or (2A).