Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 92.130

Training--Australian operators' employees outside Australia

  (1)   This regulation applies to a group A, B or E employee of an Australian operator who performs duties outside Australia.

  (2)   The operator must ensure that each employee to whom this regulation applies undertakes training in accordance with:

  (a)   the requirements of the law of the place in which he or she carries out those duties; or

  (b)   if there are no such requirements, the requirements of the Technical Instructions;

before the employee first performs the relevant duties, and as often as that law or the Technical Instructions require while the employee continues to carry out those duties.

Maximum penalty:   30 penalty units.

  (3)   The operator must ensure that the records about that training required by that law or the Technical Instructions are kept.

Maximum penalty:   30 penalty units.

  (4)   The operator must also ensure that the training is evaluated at least every second year and the evaluation process is included in the operator's audit program.

Maximum penalty:   10 penalty units.

  (5)   The operator must also ensure that if a deemed employee's services are provided to the operator under a contract, the contract contains provisions for the necessary resources, competence, procedures and management systems, to ensure that the service to the operator is a safe one.

Maximum penalty:   10 penalty units.

  (6)   An offence against subregulation   (2), (3), (4) or (5) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .


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