This instrument is the Civil Aviation Legislation Amendment (Flight Operations—Miscellaneous Amendments) Regulations 2020.

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table	The day after this instrument is registered.	7 October 2020
2. Schedule 1	The day after this instrument is registered.	7 October 2020
3. Schedule 2	Immediately after the start of 2 December 2021.	2 December 2021
4. Schedule 3	The day after this instrument is registered.	7 October 2020

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under the Civil Aviation Act 1988.

4 Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Main amendments

Civil Aviation Legislation Amendment (Parts 103, 105 and 131) Regulations 2019

1 Item 1 of Schedule 1 (subregulation 103.020(1))

After “If a provision of this Part”, insert “, or of the Part 103 Manual of Standards,”.

2 Item 1 of Schedule 1 (regulation 103.030)

Repeal the regulation, substitute:

103.030 Flying without a certificate of airworthiness—airworthiness standards for certain kinds of Part 103 aircraft

(1) The Part 103 Manual of Standards may make provision in relation to one or more of the following:

(a) airworthiness standards for specified kinds of Part 103 aircraft;

(b) for Part 103 ASAOs whose approved functions include administering Part 103 aircraft:

(i) the kinds of aircraft for which the Part 103 ASAO may set airworthiness standards; and

(ii) procedures for setting such standards;

(d) procedures for issuing a statement of acceptance to the owner of an aircraft accepted in accordance with the procedures mentioned in paragraph (c).

(2) For the purposes of paragraph 20AA(3)(b) of the Act, a flight in a Part 103 aircraft is authorised without a certificate of airworthiness if a Part 103 ASAO has issued a statement of acceptance to the owner of the aircraft in accordance with the procedures mentioned in paragraph (1)(d) of this regulation.

3 Item 1 of Schedule 1 (subregulation 103.045(1) (note))

Omit “regulation 91.315”, substitute “regulation 91.265”.

4 Item 1 of Schedule 1 (paragraph 103.085(2)(c))

Repeal the paragraph.

5 Item 1 of Schedule 1 (Subpart 103.K (heading))

Repeal the heading, substitute:

Subpart 103.K—Equipment

6 Item 1 of Schedule 1 (regulations 103.090 and 103.095)

Repeal the regulations, substitute:

103.090 Requirements relating to equipment

(1) The Part 103 Manual of Standards may prescribe requirements relating to:

(a) the fitment and non‑fitment of equipment to a Part 103 aircraft; and

(b) the carrying of equipment on a Part 103 aircraft; and

(2) A person contravenes this subregulation if:

(a) the person is subject to a requirement mentioned in subregulation (1); and

(b) the requirement is not met.

(3) A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty: 50 penalty units.

7 Item 1 of Schedule 3 (subregulation 131.035(1))

After “If a provision of this Part”, insert “, or of the Part 131 Manual of Standards,”.

8 Item 1 of Schedule 3 (paragraph 131.150(2)(d))

Omit “crew members.”, substitute “crew members;”.

9 Item 1 of Schedule 3 (Division 131.D.3 (heading))

Omit “planning”, substitute “notifications”.

10 Item 1 of Schedule 3 (regulation 131.345 (heading))

Omit “planning and”.

11 Item 1 of Schedule 3 (subregulation 131.345(1))

Omit “planning and”.

12 Item 1 of Schedule 3 (subregulation 131.345(1))

Omit “plans and”.

13 Item 1 of Schedule 3 (subregulation 131.345(2))

Omit “planning and”.

14 Item 1 of Schedule 3 (before regulation 131.355)

Insert:

Subdivision 131.D.4.1—General

131.353 Air traffic services—prescribed requirements

(1) The Part 131 Manual of Standards may prescribe requirements in relation to the use by a Part 131 aircraft of:

(a) a class of airspace or a portion of a class of airspace; or

(b) a controlled aerodrome; or

(d) a control zone; or

(e) a prohibited area; or

(f) a restricted area; or

(g) a danger area.

(2) The pilot in command of a Part 131 aircraft for a flight contravenes this subregulation if a requirement mentioned in subregulation (1) is not met for the flight.

(3) A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty: 50 penalty units.

131.354 Use of radio—broadcasts and reports

(1) The pilot in command of a Part 131 aircraft for a flight contravenes this subregulation if:

(a) the aircraft is fitted with, or carries, a radio; and

(b) during the flight, the pilot in command does not make a broadcast or a report relating to the flight that is prescribed by the Part 131 Manual of Standards for this paragraph.

(2) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

15 Item 1 of Schedule 3 (regulations 131.360 and 131.365)

Repeal the regulations, substitute:

131.360 Operations at non‑controlled aerodromes

(1) The Part 131 Manual of Standards may prescribe requirements in relation to the operation of Part 131 aircraft at, or within the vicinity of, non‑controlled aerodromes.

(2) A person contravenes this subregulation if:

(a) the person is subject to a requirement mentioned in subregulation (1); and

(b) the person contravenes the requirement.

(3) A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty: 50 penalty units.

131.365 Flights over water

(1) The Part 131 Manual of Standards may prescribe requirements in relation to the operation of Part 131 aircraft over water.

(2) A person contravenes this subregulation if:

(a) the person is subject to a requirement mentioned in subregulation (1); and

(b) the person contravenes the requirement.

(3) A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty: 50 penalty units.

16 Item 1 of Schedule 3 (at the end of Division 131.D.4)

Add:

Subdivision 131.D.4.2—Visual flight rules

131.367 VFR flights

(1) The Part 131 Manual of Standards may prescribe requirements relating to the operation of a Part 131 aircraft for a VFR flight.

(2) The pilot in command of a Part 131 aircraft for a VFR flight contravenes this subregulation if a requirement mentioned in subregulation (1) is not met for the flight.

(3) A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty: 50 penalty units.

17 Item 1 of Schedule 3 (Subpart 131.K (heading))

Repeal the heading, substitute:

Subpart 131.K—Equipment

18 Item 1 of Schedule 1 (regulations 131.460 and 131.465)

Repeal the regulations, substitute:

131.460 Requirements relating to equipment

(1) The Part 131 Manual of Standards may prescribe requirements relating to:

(a) the fitment and non‑fitment of equipment to a Part 131 aircraft; and

(b) the carrying of equipment on a Part 131 aircraft; and

(2) A person contravenes this subregulation if:

(a) the person is subject to a requirement mentioned in subregulation (1); and

(b) the requirement is not met.

(3) A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty: 50 penalty units.

19 Item 2 of Schedule 3 (before the definition of balloon flight planning and notification requirements)

Insert:

balloon flight notification requirements: see subregulation 131.345(1).

20 Item 2 of Schedule 3 (definition of balloon flight planning and notification requirements)

Repeal the definition.

21 Item 2 of Schedule 3 (before the definition of Part 131 pilot authorisation)

Insert:

Part 131 Manual of Standards means the Manual of Standards issued by CASA under regulation 131.055.

Civil Aviation Safety Amendment (Operations Definitions) Regulations 2019

22 Item 1 of Schedule 1 (definition of aerial work passenger)

Repeal the definition, substitute:

aerial work passenger means a person in a class of persons prescribed by the Part 138 Manual of Standards for the purposes of this definition.

23 Item 1 of Schedule 1 (definition of aerial work specialist)

Repeal the definition.

24 Item 1 of Schedule 1 (definition of air crew member)

Repeal the definition, substitute:

air crew member means a crew member for a flight of an aircraft (other than a flight crew member) who carries out a function during the flight relating to the safety of the operation of the aircraft, or the safety of the use of the aircraft.

25 Item 9 of Schedule 1 (after the definition of child)

Insert:

Class D external load has the meaning given by the Part 138 Manual of Standards.

26 Item 11 of Schedule 1 (paragraph (c) of the definition of emergency service operation)

Repeal the paragraph, substitute:

(i) law enforcement purposes; or

(ii) the purpose of saving or protecting persons, property or the environment.

27 Item 13 of Schedule 1 (after the definition of flight instructor)

Insert:

flight notification requirements: see subregulation 91.240(1).

28 Item 13 of Schedule 1 (definition of IFR)

Repeal the definition, substitute:

IFR (short for instrument flight rules) means the rules and procedures set out in Subdivision 91.D.4.3.

29 Item 13 of Schedule 1 (definition of IMC)

Repeal the definition, substitute:

IMC (short for instrument meteorological conditions) means meteorological conditions other than VMC.

30 Item 15 of Schedule 1 (definition of landing minima requirements)

Omit “subregulation 91.435(1)”, substitute “regulation 91.307”.

31 Item 19 of Schedule 1 (subparagraph (b)(ii) of the definition of maximum take‑off weight)

Repeal the subparagraph, substitute:

(ii) if the certificate of airworthiness for the aircraft specifies a different weight to the weight specified in the document mentioned in subparagraph (i)—the certificate of airworthiness for the aircraft; or

(iii) if no weight is specified in the document mentioned in subparagraph (i) or in the certificate of airworthiness for the aircraft and the aircraft is a Part 103 aircraft in relation to which a statement of acceptance for the aircraft has been issued by a Part 103 ASAO in accordance with regulation 103.030—the weight specified in the statement of acceptance.

32 Item 19 of Schedule 1 (definition of medical transport operating site)

Repeal the definition, substitute:

medical transport operating site, for a rotorcraft, has the meaning given by the Part 133 Manual of Standards.

33 Item 21 of Schedule 1 (after the definition of multi‑flight journey)

Insert:

navigation specification has the meaning given by the Part 91 Manual of Standards.

34 After item 21 of Schedule 1

Insert:

21A Part 1 of the Dictionary (definition of operations manual)

Repeal the definition, substitute:

operations manual means:

(a) for a limited category organisation—the manual mentioned in subregulation 262AN(2) of CAR for the organisation; or

(b) for an aerial work operator:

(i) the set of documents approved by CASA under regulation 138.045 in relation to the operator; or

(ii) if the set of documents is changed under regulation 138.060, 138.064 or 138.068, or the process mentioned in regulation 138.066—the set of documents as changed.

35 Item 23 of Schedule 1 (before the definition of Part 133 operation)

Insert:

Part 133 Manual of Standards means the Manual of Standards issued by CASA under regulation 133.020.

36 Item 23 of Schedule 1 (before the definition of Part 135 operation)

Insert:

Part 135 Manual of Standards means the Manual of Standards issued by CASA under regulation 135.025.

37 Item 27 of Schedule 1 (after the definition of search and rescue body)

Insert:

significant change, for an aerial work operator: see regulation 138.012.

38 Item 27 of Schedule 1 (definition of specified IFR cruising level)

Repeal the definition, substitute:

specified IFR cruising level, for a track, means a cruising level prescribed by the Part 91 Manual of Standards for an IFR flight on the track.

39 Item 27 of Schedule 1 (definition of specified VFR cruising level)

Repeal the definition, substitute:

specified VFR cruising level, for a track, means a cruising level prescribed by the Part 91 Manual of Standards for a VFR flight on the track.

40 Item 27 of Schedule 1 (at the end of the definition of stage)

Add:

Note: The definition of performance class relates to a stage of flight of a rotorcraft. The definition of stage is used in these Regulations only in the context of a performance class.

41 Item 29 of Schedule 1 (definition of take‑off minima requirements)

Omit “subregulation 91.435(1)”, substitute “regulation 91.307”.

42 Item 29 of Schedule 1 (before the definition of task specialist operation)

Insert:

task specialist: see subregulations 138.015(1) and (2).

43 Item 29 of Schedule 1 (definition of TAWS‑Class A)

Repeal the definition, substitute:

TAWS‑Class A has the meaning given by the Part 121 Manual of Standards.

44 Item 29 of Schedule 1 (definition of TAWS‑Class B)

Repeal the definition, substitute:

TAWS‑Class B has the meaning given by the Part 121 Manual of Standards.

45 Item 29 of Schedule 1 (definition of VFR)

Repeal the definition, substitute:

VFR (short for visual flight rules) means:

(a) for Part 131 aircraft—the rules and procedures set out in Subdivision 131.D.4.2; or

(b) for all other aircraft—the rules and procedures set out in Subdivision 91.D.4.2.

Civil Aviation Safety Amendment (Part 91) Regulations 2018

46 Item 1 of Schedule 1 (paragraphs 91.030(2)(e), (f) and (g))

Repeal the paragraphs, substitute:

(e) regulation 91.267;

47 Item 1 of Schedule 1 (paragraph 91.030(2)(n))

Repeal the paragraph.

48 Item 1 of Schedule 1 (paragraph 91.030(3)(d))

Repeal the paragraph, substitute:

(d) regulation 91.255;

(da) regulation 91.265;

(db) regulation 91.267;

(dc) Subdivisions 91.D.4.2 and 91.D.4.3;

49 Item 1 of Schedule 1 (paragraph 91.030(3)(h))

Repeal the paragraph.

50 Item 1 of Schedule 1 (after paragraph 91.030(3)(m))

Insert:

(ma) regulation 91.630;

51 Item 1 of Schedule 1 (subregulation 91.035(1) (table item 2))

Repeal the item, substitute:

Division 91.C.2

Regulation 133.030

Regulation 138.210

52 Item 1 of Schedule 1 (subregulation 91.035(1) (table item 4, column 2))

Omit “138.390”, substitute “138.410”.

53 Item 1 of Schedule 1 (subregulation 91.035(1) (table item 7, column 2))

Omit “Division 138.D.6”.

54 Item 1 of Schedule 1 (subregulation 91.035(1) (table item 8))

Repeal the item, substitute:

Regulations 91.495, 91.500 and 91.505

Regulation 138.300

55 Item 1 of Schedule 1 (subregulation 91.035(1) (at the end of the cell at table item 9, column 2))

Add:

Regulation 138.302

56 Item 1 of Schedule 1 (subregulation 91.035(1) (table item 10))

Repeal the item, substitute:

Regulation 91.555

Regulation 138.375

57 Item 1 of Schedule 1 (subregulation 91.035(1) (cell at table item 12, column 2))

Omit “Regulation 138.375”.

58 Item 1 of Schedule 1 (subregulation 91.035(1) (cell at table item 16, column 2))

Omit “Subpart 138.K”.

59 Item 1 of Schedule 1 (subregulation 91.045(1))

After “If a provision of this Part”, insert “, or of the Part 91 Manual of Standards,”.

60 Item 1 of Schedule 1 (subregulation 91.045(4))

Omit “91.450”, substitute “91.320, 91.510”.

61 Item 1 of Schedule 1 (regulations 91.065 to 91.080)

Repeal the regulations.

62 Item 1 of Schedule 1 (Division 91.C.2 (note to the Division heading)

Omit “Division 121.C.2, 133.C.2 or 135.C.2”, substitute “regulation 133.030 or 138.210”.

63 Item 1 of Schedule 1 (regulation 91.150 (heading))

Repeal the heading, substitute:

91.150 Operating aircraft with inoperative equipment—placarding

64 Item 1 of Schedule 1 (paragraph 91.150(1)(a))

Omit “an inoperative instrument, indicator, item of equipment or system”, substitute “inoperative equipment”.

65 Item 1 of Schedule 1 (paragraph 91.150(1)(b))

Omit “instrument, indicator, item of equipment or system”, substitute “equipment”.

66 Item 1 of Schedule 1 (subregulation 91.190(1))

Repeal the subregulation (not including the note), substitute:

(1) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight, a thing is dropped from the aircraft.

67 Item 1 of Schedule 1 (subregulation 91.195(1) (note))

Omit “138.390”, substitute “138.410”.

68 Item 1 of Schedule 1 (subregulation 91.200(1) (note))

Omit “138.390”, substitute “138.410”.

69 Item 1 of Schedule 1 (Division 91.D.3 (heading))

Omit “planning”, substitute “notifications”.

70 Item 1 of Schedule 1 (regulation 91.240 (heading))

Omit “plans and”.

71 Item 1 of Schedule 1 (subregulation 91.240(1))

Omit “planning and”.

72 Item 1 of Schedule 1 (subregulation 91.240(1))

Omit “plans and”.

73 Item 1 of Schedule 1 (subregulation 91.240(2))

Omit “planning and”.

74 Item 1 of Schedule 1 (Subdivisions 91.D.4.1 to 91.D.4.3)

Repeal the Subdivisions, substitute:

Subdivision 91.D.4.1—General

91.255 Air traffic services—prescribed requirements

(1) The Part 91 Manual of Standards may prescribe requirements in relation to the use by an aircraft of:

(a) a class of airspace or a portion of a class of airspace; or

(b) a controlled aerodrome; or

(d) a control zone; or

(e) a prohibited area; or

(f) a restricted area; or

(g) a danger area.

(2) The pilot in command of an aircraft for a flight contravenes this subregulation if a requirement mentioned in subregulation (1) is not met for the flight.

(3) A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty: 50 penalty units.

91.257 Air traffic control clearances and instructions

(1) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

(a) air traffic control gives the pilot in command an air traffic control clearance or air traffic control instructions; and

(b) the pilot in command does not comply with the clearance or instructions.

(2) Subregulation (1) does not apply if:

(a) it is not practicable to seek authorisation for the non‑compliance before it occurs; and

(b) the non‑compliance is necessary for the safety of the aircraft or the persons on the aircraft; and

(c) the pilot in command informs air traffic control about the non‑compliance as soon as practicable after the pilot in command is unable to comply with the clearance or instructions.

(3) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

Note: A defendant bears an evidential burden in relation to the matters in subregulation (2): see subsection 13.3(3) of the Criminal Code.

91.260 Unauthorised entry into prohibited or restricted areas

(1) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

(a) the aircraft:

(i) is in a prohibited area; or

(ii) is in a restricted area in contravention of a condition relating to the declaration of the area as a restricted area under regulation 7 of the Airspace Regulations 2007; and

(b) the pilot in command does not comply with subregulation (2) as soon as the pilot becomes aware that the aircraft is in the prohibited area or restricted area.

(2) The pilot must:

(a) if the aircraft is fitted with, or carries, a means for the pilot in command to communicate with Air Traffic Services during the flight—inform Air Traffic Services, or the controlling authority (specified in the authorised aeronautical information for the flight) for the prohibited or restricted area, that the aircraft is in the area; and

(b) for an aircraft (other than a Part 131 aircraft)—fly the aircraft out of the area; and

(i) fly the aircraft out of the area; or

(ii) if it is not possible to fly the aircraft out of the area—land the aircraft and inform the authority controlling the area as soon as is practicable.

(3) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

91.263 Air defence identification zone flights

(1) The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) during the flight the aircraft enters an air defence identification zone published in the authorised aeronautical information for the flight; and

(b) a procedure published in the authorised aeronautical information for the flight for that zone is not complied with for the flight.

(2) Subregulation (1) does not apply in relation to a Part 131 aircraft if the pilot in command of the aircraft lands the aircraft and informs the authority controlling the area as soon as is practicable after entering the air defence identification zone.

(3) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

Note: A defendant bears an evidential burden in relation to the matters in subregulation (2): see subsection 13.3(3) of the Criminal Code.

91.265 Minimum height rules—populous areas and public gatherings

(1) This regulation applies if an aircraft is flown over a populous area or a public gathering.

Note: This regulation does not apply to certain medical transport operations in a rotorcraft and certain aerial work operations: see regulations 133.167 and 138.275.

(2) The pilot in command of an aeroplane for a flight contravenes this subregulation if, during the flight:

(a) the aeroplane is flown below 1,000 ft above the highest feature or obstacle within a horizontal radius of 600 m of the point on the ground or water immediately below the aeroplane; and

(b) none of the circumstances mentioned in subregulation (4) applies.

(3) The pilot in command of a rotorcraft for a flight contravenes this subregulation if, during the flight:

(a) the rotorcraft is flown below 1,000 ft above the highest feature or obstacle within a horizontal radius of 300 m of the point on the ground or water immediately below the rotorcraft; and

(b) none of the circumstances mentioned in subregulation (4) applies.

(4) The circumstances are the following:

(a) the aircraft is taking off or landing in circumstances prescribed by the Part 91 Manual of Standards;

(b) the aircraft is engaged in a missed approach;

(i) is not carrying passengers; and

(ii) is engaged in a practice emergency procedure at an aerodrome;

(d) the aircraft is performing training circuits at an aerodrome;

(e) the pilot in command holds an approval for the purposes of regulation 91.180 (air displays in Australian territory);

(f) for a rotorcraft—the rotorcraft is hovering, air transiting, air taxiing or ground taxiing at an aerodrome;

(g) for a rotorcraft, seaplane or amphibian—the aircraft is flying within an access lane:

(i) that is for use by aircraft taking off from, or landing at, a particular place; and

(ii) details of which are published in the authorised aeronautical information for the flight;

(h) for a single‑engine seaplane or a single‑engine amphibian:

(i) the aeroplane is operating over water and within safe gliding distance of open water suitable for a forced landing; and

(ii) the aeroplane is not flown below 1,000 ft above the highest feature or obstacle within a horizontal radius of 300 m of the point on the water immediately below the aeroplane;

(i) the aircraft is engaged in a procedure to determine the suitability of an aerodrome for a landing.

(5) A person commits an offence of strict liability if the person contravenes subregulation (2) or (3).

Penalty: 50 penalty units.

91.267 Minimum height rules—other areas

(1) This regulation applies if an aircraft is flown other than over a populous area or a public gathering.

Note: This regulation does not apply to certain medical transport operations in a rotorcraft and certain aerial work operations: see regulations 133.167 and 138.275.

(2) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

(a) the aircraft is flown below 500 ft above the highest feature or obstacle within a horizontal radius of 300 m of the point on the ground or water immediately below the aircraft; and

(b) none of the circumstances mentioned in subregulation (3) applies.

(3) The circumstances are the following:

(a) the aircraft is taking off or landing in circumstances prescribed by the Part 91 Manual of Standards;

(b) the aircraft is engaged in a missed approach;

(i) is not carrying passengers; and

(ii) is engaged in a practice emergency procedure at an aerodrome;

(d) the aircraft:

(i) is not carrying passengers; and

(ii) is engaged in a practice forced landing procedure with the consent of the person or authority having control over the land or water above which the procedure is carried out;

(e) the aircraft:

(i) is being operated by a Part 141 operator to conduct low‑flying flight training or by a Part 142 operator to conduct a low‑flying activity; and

(ii) is being flown over an area that, with the consent of the person or authority with control of the area, has been determined by the operator to be a suitable flight training area for the training and has been surveyed by the pilot in command for obstacles before the flight; and

(iii) is not carrying passengers;

(f) the aircraft is performing training circuits at an aerodrome;

(g) the pilot holds an approval for the purposes of regulation 91.180 (air displays in Australian territory);

(h) all of the following apply:

(i) the pilot in command of the aircraft is authorised under Part 61, or holds an approval under regulation 91.045, to fly the aircraft below the height mentioned in paragraph (2)(a);

(ii) the pilot in command of the aircraft conducts a risk assessment of the area to be flown over;

(iii) the point on the ground or water vertically below the aircraft is not within 150 m of a person, vessel, vehicle or structure or of livestock;

(i) for a rotorcraft—the rotorcraft is hovering, air transiting, air taxiing or ground taxiing at an aerodrome;

(j) for a rotorcraft, seaplane or amphibian—the aircraft is flying within an access lane:

(i) that is for use by aircraft taking off from, or landing at, a particular place; and

(ii) details of which are published in the authorised aeronautical information for the flight;

(k) the aircraft is engaged in a procedure to determine the suitability of an aerodrome for a landing.

(4) A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty: 50 penalty units.

91.270 Aircraft to be flown under VFR or IFR

(1) The pilot in command of an aircraft for a flight, other than a Part 103 aircraft or a Part 131 aircraft, contravenes this subregulation if, at any time during the flight, the aircraft is not flown under the VFR or IFR.

(2) The pilot in command of a Part 103 aircraft for a flight contravenes this subregulation if any part of the flight takes place other than by day and under the VFR.

(3) The pilot in command of a Part 131 aircraft for a flight contravenes this subregulation if any part of the flight takes place other than under the VFR.

(4) A person commits an offence of strict liability if the person contravenes subregulation (1), (2) or (3).

Penalty: 50 penalty units.

Subdivision 91.D.4.2—Visual flight rules

91.273 VFR flights

(1) The Part 91 Manual of Standards may prescribe requirements relating to the operation of an aircraft for a VFR flight.

(2) The pilot in command of an aircraft for a VFR flight contravenes this subregulation if a requirement mentioned in subregulation (1) is not met for the flight.

(3) A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty: 50 penalty units.

91.275 Specified VFR cruising levels

(1) The pilot in command of an aircraft for a VFR flight contravenes this subregulation if, during the flight on a track, the aircraft is flown at a cruising level that is not a specified VFR cruising level for the track.

(2) Subregulation (1) does not apply if the aircraft is in uncontrolled airspace and any of the following apply:

(a) the aircraft is below 3,000 ft above mean sea level;

(b) the aircraft is at or above 3,000 ft above mean sea level but below 1,500 ft AGL;

(d) the aircraft is a glider in soaring flight.

(3) Subregulation (1) does not apply if:

(a) the aircraft is in controlled airspace; and

(b) air traffic control has given the pilot in command an air traffic control instruction, or an air traffic control clearance, to fly the aircraft other than at a specified VFR cruising level for the track.

(4) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

Note: A defendant bears an evidential burden in relation to the matters in subregulation (2) or (3): see subsection 13.3(3) of the Criminal Code.

91.277 Minimum heights—VFR flights at night

(1) The pilot in command of an aircraft for a VFR flight at night contravenes this subregulation if, during the flight:

(a) the aircraft is flown along a route or route segment at a height lower than the minimum height mentioned in subregulation (2); and

(b) none of the circumstances mentioned in subregulation (3) applies.

Note: This regulation does not apply to certain medical transport operations in a rotorcraft and certain aerial work operations: see regulations 133.167 and 138.275.

(2) The minimum height is the lowest height of the following for the route or route segment:

(a) the published lowest safe altitude for the route or route segment (if any);

(b) the minimum sector altitude published in the authorised aeronautical information for the flight (if any);

(d) 1,000 ft above the highest obstacle on the ground or water within 10 nautical miles ahead of, and to either side of, the aircraft at that point on the route or route segment;

(e) the lowest altitude for the route or route segment calculated in accordance with a method prescribed by the Part 91 Manual of Standards for the purposes of this paragraph.

(3) The circumstances are the following:

(a) the aircraft is taking off or landing;

(b) the aircraft is within 3 nautical miles of the aerodrome from which the aircraft has taken off, or at which the aircraft will land;

(4) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

91.280 VFR flights—compliance with VMC criteria

(1) The pilot in command of an aircraft for a VFR flight contravenes this subregulation if, during the flight, the aircraft is not flown in accordance with a requirement of the VMC criteria for the aircraft and the airspace in which the flight is conducted.

(2) Subregulation (1) does not apply to a flight of an aircraft if:

(a) air traffic control has authorised the pilot in command of the aircraft to conduct the flight under the special VFR; and

(b) the pilot in command complies with the special VFR.

(3) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

Note: A defendant bears an evidential burden in relation to the matters in subregulation (2): see subsection 13.3(3) of the Criminal Code.

91.283 VFR flights—aircraft not to exceed certain speeds

(1) The pilot in command of an aircraft for a VFR flight contravenes this subregulation if, during the flight, the aircraft is flown at a transonic or supersonic speed.

(2) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

91.285 VFR flights—flights in class A airspace

(1) The pilot in command of an aircraft for a VFR flight contravenes this subregulation if, during the flight:

(a) the aircraft is flown in class A airspace; and

(b) the pilot in command does not hold an approval under regulation 91.045 to conduct a VFR flight in class A airspace.

(2) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

Subdivision 91.D.4.3—Instrument flight rules

91.287 IFR flights

(1) The Part 91 Manual of Standards may prescribe requirements relating to the operation of an aircraft for an IFR flight.

(2) The pilot in command of an aircraft for an IFR flight contravenes this subregulation if a requirement mentioned in subregulation (1) is not met for the flight.

(3) A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty: 50 penalty units.

91.290 Specified IFR cruising levels

(1) The pilot in command of an aircraft for an IFR flight contravenes this subregulation if, during the flight on a track, the aircraft is flown at a cruising level that is not a specified IFR cruising level for the track.

(2) Subregulation (1) does not apply if:

(a) the aircraft is in uncontrolled airspace; and

(b) it is not practicable for the pilot in command to fly the aircraft at a specified IFR cruising level for the track.

(3) Subregulation (1) does not apply if air traffic control has:

(a) given the pilot in command an air traffic control instruction to fly the aircraft at the cruising level; or

(b) given the pilot in command an air traffic control clearance to fly the aircraft at the cruising level.

(4) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

Note: A defendant bears an evidential burden in relation to the matters in subregulation (2) or (3): see subsection 13.3(3) of the Criminal Code.

91.295 IFR flights at non‑specified cruising levels—notifying Air Traffic Services

(1) The pilot in command of an aircraft for an IFR flight contravenes this subregulation if, during the flight on a track:

(a) the aircraft is flown at a cruising level that is not a specified IFR cruising level for the track; and

(b) before the aircraft is flown at that cruising level, the pilot in command does not notify Air Traffic Services of the cruising level.

(2) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

91.300 IFR flights at non‑specified cruising levels——avoiding collisions with aircraft conducting VFR flights

(1) The pilot in command of an aircraft for an IFR flight contravenes this subregulation if, during the flight on a track:

(a) the aircraft is flown at a cruising level that is not a specified IFR cruising level for the track; and

(b) there is a risk of collision between the aircraft and another aircraft that:

(i) is conducting a VFR flight on a track; and

(ii) is flying at a specified VFR cruising level for the track; and

(2) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

91.305 Minimum heights—IFR flights

(1) The pilot in command of an aircraft for an IFR flight contravenes this subregulation if, during the flight:

(a) the aircraft is flown along a route or route segment at a height lower than the minimum height mentioned in subregulation (2); and

(b) none of the circumstances mentioned in subregulation (3) applies.

Note: This regulation does not apply to certain medical transport operations in a rotorcraft and certain aerial work operations: see regulations 133.167 and 138.275.

(2) The minimum height is the lowest of the following for the route or route segment:

(a) the published lowest safe altitude for the route or route segment (if any);

(b) the minimum sector altitude published in the authorised aeronautical information for the flight (if any);

(3) The circumstances are the following:

(a) the aircraft is taking off or landing;

(b) the aircraft is being flown in accordance with:

(i) requirements relating to visual approach or departure procedures published in the authorised aeronautical information for the flight; or

(ii) an authorised instrument departure procedure or an authorised instrument approach procedure; or

(iii) an air traffic control clearance;

(4) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

91.307 IFR take‑off and landing minima

(1) The Part 91 Manual of Standards may prescribe the following:

(a) requirements (the take‑off minima requirements) relating to take‑off minima for an aerodrome;

(b) requirements (the landing minima requirements) relating to landing minima for an aerodrome.

(2) The operator and the pilot in command of an aircraft for an IFR flight each contravene this subregulation if:

(a) the aircraft conducts a take‑off at an aerodrome; and

(b) a take‑off minima requirement for the aerodrome is not met for the flight.

(3) The operator and the pilot in command of an aircraft for an IFR flight each contravene this subregulation if:

(a) the aircraft conducts a landing at an aerodrome; and

(b) a landing minima requirement for the aerodrome is not met for the flight.

(4) A person commits an offence of strict liability if the person contravenes subregulation (2) or (3).

Penalty: 50 penalty units.

91.310 Approach ban for IFR flights

(1) The Part 91 Manual of Standards may prescribe circumstances in which an aircraft flown under the IFR must not make an approach to land at an aerodrome.

(2) The operator and the pilot in command of an aircraft for an IFR flight each contravene this subregulation if:

(a) the aircraft makes an approach to land at an aerodrome; and

(b) the approach to land is made in circumstances mentioned in subregulation (1).

(3) A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty: 50 penalty units.

91.315 Taking off and landing in low visibility

(1) The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:

(a) the aircraft conducts a low‑visibility operation at an aerodrome; and

(b) when the operation begins:

(i) if the operator is required under these Regulations to have an exposition or an operations manual—the operator does not hold an approval under regulation 91.045 to conduct the low‑visibility operation; or

(ii) if subparagraph (i) does not apply—the pilot in command does not hold an approval under regulation 91.045 to conduct the low‑visibility operation.

(2) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

91.320 Specified aircraft performance categories

(1) The operator of an aircraft contravenes this subregulation if, while the aircraft is operating at an aerodrome:

(a) the aircraft does not operate in the specified aircraft performance category for the aircraft at the aerodrome; and

(b) the operator:

(i) does not hold an approval under regulation 91.045 for the aircraft to operate in a lower aircraft performance category for the aircraft at the aerodrome; or

(ii) holds an approval under regulation 91.045 for the aircraft to operate in a lower aircraft performance category for the aircraft at the aerodrome but does not comply with subregulation (3) of this regulation.

(2) The operator of an aircraft contravenes this subregulation if:

(a) the operator holds an approval under regulation 91.045 for the aircraft to operate in a lower aircraft performance category for the aircraft at the aerodrome; and

(b) the aircraft does not operate in that lower aircraft performance category.

(3) The operator must give details to the flight crew of:

(a) the approval; and

(b) the conditions (if any) imposed by CASA on the approval.

(4) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).

Penalty: 50 penalty units.

75 Item 1 of Schedule 1 (subregulations 91.430(1) and (2))

Repeal the subregulations, substitute:

(1) A person contravenes this subregulation if:

(a) the person operates a rotorcraft on the ground; and

(b) the rotorcraft is being operated other than for maintenance or maintenance training; and

(2) The requirements are the following:

(a) that the person is:

(i) if the rotorcraft is an Australian aircraft—authorised under Part 61 to pilot the rotorcraft; or

(ii) if the rotorcraft is a foreign registered aircraft—authorised to pilot the rotorcraft by the rotorcraft’s State of registry; or

(iii) a person of a kind prescribed by the Part 91 Manual of Standards; and

(b) if subparagraph (a)(iii) applies—the rotorcraft must be secured from moving.

76 Item 1 of Schedule 1 (regulations 91.435 to 91.450)

Repeal the regulations.

77 Item 1 of Schedule 1 (subregulation 91.455(2) (note))

Omit “, 135.D.6 or 138.D.6”, substitute “or 135.D.6”.

78 Item 1 of Schedule 1 (at the end of subregulation 91.495(1))

Add:

Note: This regulation does not apply to the operation of an aircraft if regulation 138.300 applies to the operation: see regulation 91.035.

79 Item 1 of Schedule 1 (at the end of subregulation 91.500(1))

Add:

Note: This regulation does not apply to the operation of an aircraft if regulation 138.300 applies to the operation: see regulation 91.035.

80 Item 1 of Schedule 1 (subregulation 91.505(1) (note))

Omit “Division 138.D.6”, substitute “regulation 138.300”.

81 Item 1 of Schedule 1 (paragraph 91.510(2)(c))

Omit “the pilot in command does not hold”, substitute “neither the operator of the aircraft nor the pilot in command holds”.

82 Item 1 of Schedule 1 (subregulation 91.510(2) (note))

Omit “or 135.220”, substitute “, 135.220 or 138.302”.

83 Item 1 of Schedule 1 (subregulation 91.540(1) (note))

Repeal the note.

84 Item 1 of Schedule 1 (subregulation 91.550(1) (note))

Repeal the note.

85 Item 1 of Schedule 1 (subregulation 91.560(1) (note))

Repeal the note.

86 Item 1 of Schedule 1 (subregulation 91.570(1) (note))

Omit “regulation 138.375”, substitute “regulation 105.105”.

87 Item 1 of Schedule 1 (regulation 91.660)

Repeal the regulation, substitute:

91.660 Performance‑based navigation

(1) The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) the flight, or any part of the flight, is conducted using a navigation specification prescribed by the Part 91 Manual of Standards for the purposes of this paragraph; and

(b) neither the operator of the aircraft for the flight nor the pilot in command holds:

(i) for an Australian aircraft—an approval under regulation 91.045; or

(ii) for a foreign registered aircraft—an approval by the national aviation authority of the aircraft’s State of registry or of the State of the operator;

to use that navigation specification during the flight or part of the flight.

(2) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

88 Item 1 of Schedule 1 (subregulation 91.725(1) (paragraph (a) of the definition of permitted person))

Repeal the paragraph, substitute:

(a) a crew member of the aircraft; or

89 Item 1 of Schedule 1 (subparagraph 91.750(2)(g)(i))

Omit “91.310(2)”, substitute “91.277(2)”.

90 Item 1 of Schedule 1 (regulation 91.795)

Repeal the regulation, substitute:

91.795 Take‑off performance

(1) The Part 91 Manual of Standards may prescribe requirements relating to take‑off performance for a flight of an aircraft.

(2) Without limiting subregulation (1), the Part 91 Manual of Standards may prescribe requirements that relate to one or more of the following:

(a) the aircraft’s configuration;

(b) the operation of any equipment for the flight;

(d) characteristics of the route flown by the aircraft;

(e) characteristics of the aerodrome at which the aircraft lands.

(3) The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) the pilot is subject to a requirement mentioned in subregulation (1) for the flight; and

(b) the requirement is not met for the flight.

(4) The operator of an aircraft for a flight contravenes this subregulation if:

(a) the operator is subject to a requirement mentioned in subregulation (1) for the flight; and

(b) the requirement is not met for the flight.

(5) A person commits an offence of strict liability if the person contravenes subregulation (3) or (4).

Penalty: 50 penalty units.

91 Item 1 of Schedule 1 (regulation 91.800)

Repeal the regulation, substitute:

91.800 Landing performance

(1) The Part 91 Manual of Standards may prescribe requirements relating to landing performance for a flight of an aircraft.

(2) Without limiting subregulation (1), the Part 91 Manual of Standards may prescribe requirements relating to one or more of the following:

(a) the aircraft’s configuration;

(b) the operation of any equipment for the flight;

(d) safety factor percentages to be applied.

(3) The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) the pilot is subject to a requirement mentioned in subregulation (1) for the flight; and

(b) the requirement is not met for the flight.

(4) The operator of an aircraft for a flight contravenes this subregulation if:

(a) the operator is subject to a requirement mentioned in subregulation (1) for the flight; and

(b) the requirement is not met for the flight.

(5) A person commits an offence of strict liability if the person contravenes subregulation (3) or (4).

Penalty: 50 penalty units.

92 Item 1 of Schedule 1 (Subpart 91.K (heading))

Repeal the heading (including the note), substitute:

Subpart 91.K—Equipment

Note: This Subpart does not apply to the operation of an aircraft if Subpart 121.K, 133.K or 135.K applies to the operation: see regulation 91.035.

93 Item 1 of Schedule 1 (regulations 91.810 and 91.815)

Repeal the regulations, substitute:

91.810 Requirements relating to equipment

(1) The Part 91 Manual of Standards may prescribe requirements relating to:

(a) the fitment and non‑fitment of equipment to an aircraft; and

(b) the carrying of equipment on an aircraft; and

(2) A person contravenes this subregulation if:

(a) the person is subject to a requirement mentioned in subregulation (1); and

(b) the requirement is not met.

(3) A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty: 50 penalty units.

Civil Aviation Safety Amendment (Part 119) Regulations 2018

94 Item 1 of Schedule 1 (subregulation 119.025(1))

After “If a provision of this Part”, insert “, or of the Part 119 Manual of Standards,”.

95 Item 1 of Schedule 1 (after regulation 119.035)

Insert:

119.036 Required position—head of training and checking

An Australian air transport operator must have a position (however described) that is the head of the training and checking part of the organisation.

Civil Aviation Safety Amendment (Part 121) Regulations 2018

96 Item 1 of Schedule 1 (subregulation 121.010(1))

After “If a provision of this Part”, insert “, or of the Part 121 Manual of Standards,”.

97 Item 1 of Schedule 1 (paragraphs 121.115(3)(e) and (f))

Omit “each instrument, indicator, item of equipment and system”, substitute “equipment”.

98 Item 1 of Schedule 1 (regulations 121.395 to 121.410)

Repeal the regulations, substitute:

121.395 Take‑off performance

(1) The Part 121 Manual of Standards may prescribe requirements relating to take‑off performance for a flight of an aeroplane.

(2) Without limiting subregulation (1), the Part 121 Manual of Standards may prescribe requirements that relate to one or more of the following:

(a) the kinds of operations to be carried out during the flight;

(b) characteristics of the aerodrome at which the aeroplane takes off;

(d) characteristics of the aerodrome at which the aeroplane lands.

(3) The pilot in command of an aeroplane for a flight contravenes this subregulation if:

(a) the pilot is subject to a requirement mentioned in subregulation (1) for the flight; and

(b) the requirement is not met for the flight.

(4) The operator of an aeroplane for a flight contravenes this subregulation if:

(a) the operator is subject to a requirement mentioned in subregulation (1) for the flight; and

(b) the requirement is not met for the flight.

(5) A person commits an offence of strict liability if the person contravenes subregulation (3) or (4).

Penalty: 50 penalty units.

99 Item 1 of Schedule 1 (regulations 121.415 and 121.420)

Repeal the regulation, substitute:

121.420 Landing performance

(1) The Part 121 Manual of Standards may prescribe requirements relating to landing performance for a flight of an aeroplane.

(2) Without limiting subregulation (1), the Part 121 Manual of Standards may prescribe requirements relating to one or more of the following:

(a) the aeroplane’s configuration;

(b) the operation of any equipment for the flight;

(d) safety factor percentages to be applied.

(3) The pilot in command of an aeroplane for a flight contravenes this subregulation if:

(a) the pilot is subject to a requirement mentioned in subregulation (1) for the flight; and

(b) the requirement is not met for the flight.

(4) The operator of an aeroplane for a flight contravenes this subregulation if:

(a) the operator is subject to a requirement mentioned in subregulation (1) for the flight; and

(b) the requirement is not met for the flight.

(5) A person commits an offence of strict liability if the person contravenes subregulation (3) or (4).

Penalty: 50 penalty units.

100 Item 1 of Schedule 1 (Subpart 121.K (heading))

Repeal the heading, substitute:

Subpart 121.K—Equipment

101 Item 1 of Schedule 1 (regulations 121.460 and 121.465)

Repeal the regulations, substitute:

121.460 Requirements relating to equipment

(1) The Part 121 Manual of Standards may prescribe requirements relating to:

(a) the fitment and non‑fitment of equipment to an aeroplane; and

(b) the carrying of equipment on an aeroplane; and

(2) A person contravenes this subregulation if:

(a) the person is subject to a requirement mentioned in subregulation (1); and

(b) the requirement is not met.

(3) A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty: 50 penalty units.

102 Item 1 of Schedule 1 (subparagraph 121.475(2)(n)(ii))

Omit “each instrument, indicator, item of equipment and system”, substitute “equipment”.

103 Item 1 of Schedule 1 (subregulation 121.495(1))

After “qualified as pilot in command”, insert “for a flight”.

104 Item 1 of Schedule 1 (paragraph 121.495(1)(c))

Repeal the paragraph, substitute:

(i) if the aeroplane is an Australian aircraft—authorised to pilot the aeroplane during the flight as pilot in command under Part 61; or

(ii) if the aeroplane is a foreign registered aircraft—authorised to pilot the aeroplane during the flight as pilot in command by the aeroplane’s State of registry.

105 Item 1 of Schedule 1 (subregulation 121.500(1))

After “qualified as co‑pilot”, insert “for a flight”.

106 Item 1 of Schedule 1 (paragraph 121.500(1)(a))

Repeal the paragraph, substitute:

(a) the pilot is:

(i) if the aeroplane is an Australian aircraft—authorised to pilot the aeroplane during the flight as co‑pilot under Part 61; or

(ii) if the aeroplane is a foreign registered aircraft—authorised to pilot the aeroplane during the flight as co‑pilot by the aeroplane’s State of registry; and

107 Item 1 of Schedule 1 (subregulation 121.500(2))

After “qualified as co‑pilot”, insert “for a flight”.

108 Item 1 of Schedule 1 (subregulation 121.500(2))

Omit “of the aeroplane”, substitute “for the flight”.

109 Item 1 of Schedule 1 (subregulation 121.505(1))

After “qualified as cruise relief co‑pilot”, insert “for a flight”.

110 Item 1 of Schedule 1 (paragraph 121.505(1)(a))

Repeal the paragraph, substitute:

(a) the pilot is:

(i) if the aeroplane is an Australian aircraft—authorised to pilot the aeroplane during the flight as cruise relief co‑pilot under Part 61; or

(ii) if the aeroplane is a foreign registered aircraft—authorised to pilot the aeroplane during the flight as cruise relief co‑pilot by the aeroplane’s State of registry; and

111 Item 1 of Schedule 1 (subregulation 121.505(2))

After “qualified as cruise relief co‑pilot”, insert “for a flight”.

112 Item 1 of Schedule 1 (paragraphs 121.505(2)(a) and (b))

Omit “of the aeroplane”, substitute “for the flight”.

113 Item 1 of Schedule 1 (paragraph 121.510(2)(a))

Omit “(other than training or checking mentioned in regulation 121.610 or 121.620)”.

114 Item 1 of Schedule 1 (after paragraph 121.510(2)(a))

Insert:

(aa) the training or checking involves a simulated engine or system failure that affects, or is likely to affect, the aeroplane’s performance or handling characteristics; and

115 Item 1 of Schedule 1 (paragraph 121.510(4)(a))

Omit “(other than training or checking mentioned in regulation 121.610 or 121.620)”.

116 Item 1 of Schedule 1 (after paragraph 121.510(4)(a))

Insert:

(aa) the training or checking involves a simulated engine or system failure that affects, or is likely to affect, the aeroplane’s performance or handling characteristics; and

117 Item 1 of Schedule 1 (subregulation 121.535(2))

Omit “of the aeroplane”, substitute “for the flight”.

118 Item 1 of Schedule 1 (paragraph 121.535(4)(b))

Omit “of the aeroplane”, substitute “for the flight”.

119 Item 1 of Schedule 1 (regulation 121.555)

Before “For”, insert “(1)”.

120 Item 1 of Schedule 1 (paragraph 121.555(b))

Omit “includes training on the matters prescribed”, substitute “meets the requirements prescribed”.

121 Item 1 of Schedule 1 (at the end of regulation 121.555)

Add:

(2) Without limiting paragraph (1)(b), the requirements may relate to training facilities or devices.

122 Item 1 of Schedule 1 (subregulation 121.560(1) (note))

Repeal the note.

123 Item 1 of Schedule 1 (paragraph 121.610(1)(c))

Omit “include training on the matters prescribed”, substitute “meet the requirements prescribed”.

124 Item 1 of Schedule 1 (after subregulation 121.610(1))

Insert:

(1A) Without limiting paragraph (1)(c), the requirements may relate to training facilities or devices.

125 Item 1 of Schedule 1 (paragraph 121.620(1)(c))

Omit “include training on the matters prescribed”, substitute “meet the requirements prescribed”.

126 Item 1 of Schedule 1 (after subregulation 121.620(1))

Insert:

(1A) Without limiting paragraph (1)(c), the requirements may relate to training facilities or devices.

127 Item 1 of Schedule 1 (paragraph 121.620(2)(a))

Repeal the paragraph, substitute:

(a) check the competence of the flight crew member in relation to the requirements prescribed for the purposes of paragraph (1)(c); and

128 Item 1 of Schedule 1 (paragraph 121.710(b))

Omit “includes training on the matters prescribed”, substitute “meets the requirements prescribed”.

129 Item 1 of Schedule 1 (paragraph 121.715(2)(a))

Omit “include training on the matters prescribed”, substitute “meet the requirements prescribed”.

130 Item 1 of Schedule 1 (subregulation 121.725(1))

Omit “include training on the matters prescribed”, substitute “meet the requirements prescribed”.

131 Item 1 of Schedule 1 (subregulation 121.725(2))

Omit “in the matters’, substitute “in relation to the requirements”.

132 Item 1 of Schedule 1 (subregulation 121.735(1))

Omit “include training on the matters prescribed”, substitute “meet the requirements prescribed”.

133 Item 1 of Schedule 1 (subregulation 121.735(2))

Omit “in the matters’, substitute “in relation to the requirements”.

134 Item 1 of Schedule 1 (regulation 121.755)

Repeal the regulation, substitute:

121.755 Emergency evacuation procedures

(1) The Part 121 Manual of Standards may prescribe requirements relating to emergency evacuation procedures, including the demonstration of such procedures.

(2) The operator of an aeroplane contravenes this subregulation if:

(a) the operator is subject to a requirement mentioned in subregulation (1); and

(b) the requirement is not met.

(3) Subregulation (2) does not apply to an operator and a requirement if the operator holds an approval under regulation 121.010 in relation to the requirement.

(4) A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty: 50 penalty units.

Note: A defendant bears an evidential burden in relation to the matters in subregulation (3): see subsection 13.3(3) of the Criminal Code.

Civil Aviation Safety Amendment (Part 133) Regulations 2018

135 Item 1 of Schedule 1 (subregulation 133.015(1))

After “If a provision of this Part”, insert “, or of the Part 133 Manual of Standards,”.

136 Item 1 of Schedule 1 (subregulation 133.030(1))

Omit “The operator of a rotorcraft for a flight contravenes”, substitute “The operator and the pilot in command of a rotorcraft for a flight each contravene”.

137 Item 1 of Schedule 1 (paragraphs 133.085(4)(e) and (f))

Omit “each instrument, indicator, item of equipment and system”, substitute “equipment”.

138 Item 1 of Schedule 1 (at the end of Division 133.D.4)

Add:

133.167 Minimum height rules for medical transport operations

Regulation 91.265, 91.267, 91.277 or 91.305 does not apply to a pilot in command of a rotorcraft for a flight that is a medical transport operation if:

(a) circumstances prescribed by the Part 133 Manual of Standards for the purposes of this paragraph apply to the rotorcraft and the operation; or

(b) requirements prescribed by the Part 133 Manual of Standards for the purposes of this paragraph are complied with in relation to the flight.

139 Item 1 of Schedule 1 (regulation 133.300)

Repeal the regulation.

140 Item 1 of Schedule 1 (regulation 133.305)

Repeal the regulation, substitute:

133.305 Take‑off performance

(1) The Part 133 Manual of Standards may prescribe requirements relating to take‑off performance for a flight of a rotorcraft.

(2) Without limiting subregulation (1), the Part 133 Manual of Standards may prescribe requirements that relate to one or more of the following:

(a) the kinds of operations to be carried out during the flight;

(b) characteristics of the aerodrome at which the rotorcraft takes off;

(d) characteristics of the aerodrome at which the rotorcraft lands.

(3) The pilot in command of a rotorcraft for a flight contravenes this subregulation if:

(a) the pilot is subject to a requirement mentioned in subregulation (1) for the flight; and

(b) the requirement is not met for the flight.

(4) The operator of a rotorcraft for a flight contravenes this subregulation if:

(a) the operator is subject to a requirement mentioned in subregulation (1) for the flight; and

(b) the requirement is not met for the flight.

(5) A person commits an offence of strict liability if the person contravenes subregulation (3) or (4).

Penalty: 50 penalty units.

141 Item 1 of Schedule 1 (regulation 133.310)

Repeal the regulation, substitute:

133.310 Landing performance

(1) The Part 133 Manual of Standards may prescribe requirements relating to landing performance for a flight of a rotorcraft.

(2) Without limiting subregulation (1), the Part 133 Manual of Standards may prescribe requirements relating to one or more of the following:

(a) the rotorcraft’s configuration;

(b) the operation of any equipment for the flight;

(d) safety factor percentages to be applied.

(3) The pilot in command of a rotorcraft for a flight contravenes this subregulation if:

(a) the pilot is subject to a requirement mentioned in subregulation (1) for the flight; and

(b) the requirement is not met for the flight.

(4) The operator of a rotorcraft for a flight contravenes this subregulation if:

(a) the operator is subject to a requirement mentioned in subregulation (1) for the flight; and

(b) the requirement is not met for the flight.

(5) A person commits an offence of strict liability if the person contravenes subregulation (3) or (4).

Penalty: 50 penalty units.

142 Item 1 of Schedule 1 (subregulation 133.315(2))

Repeal the subregulation, substitute:

(2) Subregulation (1) does not apply in relation to a stage of a flight if:

(a) the flight is a medical transport operation; and

(b) the stage of the flight is conducted at a medical transport operating site; and

(c) the operator’s exposition includes risk assessment and management procedures that must be complied with if the rotorcraft is not flown in a performance class during such a stage; and

(d) the procedures are complied with for the flight.

143 Item 1 of Schedule 1 (paragraph 133.325(1)(a))

Repeal the paragraph, substitute:

(a) the rotorcraft is flown in performance class 2 with exposure during the take‑off, take‑off and initial climb, approach and landing, or baulked landing stage of the flight; and

144 Item 1 of Schedule 1 (paragraph 133.335(3)(a))

Omit “and the approach and landing or baulked landing,”, substitute “take‑off and initial climb, the approach and landing, or baulked landing,”.

145 Item 1 of Schedule 1 (subregulation 133.335(4))

Repeal the subregulation, substitute:

(4) Subregulation (2) does not apply in relation to the take‑off, take‑off and initial climb, the approach and landing, or baulked landing stage of a flight, if:

(a) the flight is a medical transport operation; and

(b) the stage is conducted from or at a place as part of the medical transport operation; and

146 Item 1 of Schedule 1 (Subpart 133.K (heading))

Repeal the heading, substitute:

Subpart 133.K—Equipment

147 Item 1 of Schedule 1 (regulations 133.360 and 133.365)

Repeal the regulations, substitute:

133.360 Requirements relating to equipment

(1) The Part 133 Manual of Standards may prescribe requirements relating to:

(a) the fitment and non‑fitment of equipment to a rotorcraft; and

(b) the carrying of equipment on a rotorcraft; and

(2) A person contravenes this subregulation if:

(a) the person is subject to a requirement mentioned in subregulation (1); and

(b) the requirement is not met.

(3) A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty: 50 penalty units.

148 Item 1 of Schedule 1 (after regulation 133.375)

Insert:

133.377 Training and checking to be conducted by certain persons

(1) The operator of a rotorcraft contravenes this subregulation if:

(a) a flight crew member of the operator’s personnel undertakes training or a check that is required under this Part; and

(b) the training or check is conducted other than in accordance with subregulation (2).

(2) The training or check must be conducted by:

(a) an individual who:

(i) is engaged by the operator (whether by contract or other arrangement) to conduct the training or check; and

(ii) meets the requirements prescribed by the Part 133 Manual of Standards; or

(b) a Part 142 operator with whom the operator has a contract for the Part 142 operator to conduct the training or check for the operator.

(3) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

149 Item 1 of Schedule 1 (paragraph 133.385(1)(d))

Repeal the paragraph, substitute:

(d) the pilot is:

(i) if the rotorcraft is an Australian aircraft—authorised to pilot the rotorcraft during the flight as pilot in command under Part 61; or

(ii) if the rotorcraft is a foreign registered aircraft—authorised to pilot the rotorcraft during the flight as pilot in command by the rotorcraft’s State of registry.

150 Item 1 of Schedule 1 (paragraph 133.390(1)(a))

Repeal the paragraph, substitute:

(a) the pilot is:

(i) if the rotorcraft is an Australian aircraft—authorised to pilot the rotorcraft during the flight as co‑pilot under Part 61; or

(ii) if the rotorcraft is a foreign registered aircraft—authorised to pilot the rotorcraft during the flight as co‑pilot by the rotorcraft’s State of registry; and

Civil Aviation Safety Amendment (Part 135) Regulations 2018

151 Item 1 of Schedule 1 (subregulation 135.020(1))

After “If a provision of this Part”, insert “, or of the Part 135 Manual of Standards,”.

152 Item 1 of Schedule 1 (paragraphs 135.095(3)(e) and (f))

Omit “each instrument, indicator, item of equipment and system”, substitute “equipment”.

153 Item 1 of Schedule 1 (regulation 135.345)

Repeal the regulation, substitute:

135.345 Take‑off performance

(1) The Part 135 Manual of Standards may prescribe requirements relating to take‑off performance for a flight of an aeroplane.

(2) Without limiting subregulation (1), the Part 135 Manual of Standards may prescribe requirements that relate to one or more of the following:

(a) the kinds of operations to be carried out during the flight;

(b) characteristics of the aerodrome at which the aeroplane takes off;

(d) characteristics of the aerodrome at which the aeroplane lands.

(3) The pilot in command of an aeroplane for a flight contravenes this subregulation if:

(a) the pilot is subject to a requirement mentioned in subregulation (1) for the flight; and

(b) the requirement is not met for the flight.

(4) The operator of an aeroplane for a flight contravenes this subregulation if:

(a) the operator is subject to a requirement mentioned in subregulation (1) for the flight; and

(b) the requirement is not met for the flight.

(5) A person commits an offence of strict liability if the person contravenes subregulation (3) or (4).

Penalty: 50 penalty units.

154 Item 1 of Schedule 1 (regulation 135.350)

Repeal the regulation, substitute:

135.350 Landing performance

(1) The Part 135 Manual of Standards may prescribe requirements relating to landing performance for a flight of an aeroplane.

(2) Without limiting subregulation (1), the Part 135 Manual of Standards may prescribe requirements relating to one or more of the following:

(a) the aeroplane’s configuration;

(b) the operation of any equipment for the flight;

(d) safety factor percentages to be applied.

(3) The pilot in command of an aeroplane for a flight contravenes this subregulation if:

(a) the pilot is subject to a requirement mentioned in subregulation (1) for the flight; and

(b) the requirement is not met for the flight.

(4) The operator of an aeroplane for a flight contravenes this subregulation if:

(a) the operator is subject to a requirement mentioned in subregulation (1) for the flight; and

(b) the requirement is not met for the flight.

(5) A person commits an offence of strict liability if the person contravenes subregulation (3) or (4).

Penalty: 50 penalty units.

155 Item 1 of Schedule 1 (Subpart 135.K (heading))

Repeal the heading, substitute:

Subpart 135.K—Equipment

156 Item 1 of Schedule 1 (regulations 135.370 and 135.375)

Repeal the regulations, substitute:

135.370 Requirements relating to equipment

(1) The Part 135 Manual of Standards may prescribe requirements relating to:

(a) the fitment and non‑fitment of equipment to an aeroplane; and

(b) the carrying of equipment on an aeroplane; and

(2) A person contravenes this subregulation if:

(a) the person is subject to a requirement mentioned in subregulation (1); and

(b) the requirement is not met.

(3) A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty: 50 penalty units.

157 Item 1 of Schedule 1 (after regulation 135.385)

Insert:

135.387 Training and checking to be conducted by certain persons

(1) The operator of an aeroplane contravenes this subregulation if:

(a) a flight crew member of the operator’s personnel undertakes training or a check that is required under this Part; and

(b) the training or check is conducted other than in accordance with subregulation (2).

(2) The training or check must be conducted by:

(a) an individual who:

(i) is engaged by the operator (whether by contract or other arrangement) to conduct the training or check; and

(ii) meets the requirements prescribed by the Part 135 Manual of Standards; or

(b) a Part 142 operator with whom the operator has a contract for the Part 142 operator to conduct the training or check for the operator.

(3) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

158 Item 1 of Schedule 1 (paragraph 135.395(1)(d))

Repeal the paragraph, substitute:

(d) the pilot is:

(i) if the aeroplane is an Australian aircraft—authorised to pilot the aeroplane during the flight as pilot in command under Part 61; or

(ii) if the aeroplane is a foreign registered aircraft—authorised to pilot the aeroplane during the flight as pilot in command by the aeroplane’s State of registry.

159 Item 1 of Schedule 1 (paragraph 135.400(1)(a))

Repeal the paragraph, substitute:

(a) the pilot is:

(i) if the aeroplane is an Australian aircraft—authorised to pilot the aeroplane during the flight as co‑pilot under Part 61; or

(ii) if the aeroplane is a foreign registered aircraft—authorised to pilot the aeroplane during the flight as co‑pilot by the aeroplane’s State of registry; and

Civil Aviation Safety Amendment (Part 138) Regulations 2018

160 Item 1 of Schedule 1 (at the end of subregulation 138.005(3))

Add “authorising that operation”.

161 Item 1 of Schedule 1 (subregulation 138.005(4))

After “work certificate”, insert “authorising that operation”.

162 Item 1 of Schedule 1 (after regulation 138.010)

Insert:

138.012 Definition of significant change

A significant change, for an aerial work operator, means:

(a) a change in relation to any of the following:

(i) the location and operation of the operator’s main operating bases, including the opening or closing of main operating bases;

(ii) the operator’s key personnel;

(iii) a person authorised to carry out the responsibilities of any of the key personnel if the position holder is absent from the position or cannot carry out the responsibilities of the position;

(iv) the formal reporting lines for a managerial or operational position with safety functions and responsibilities that reports directly to any of the key personnel;

(v) the operator’s process for making changes that relate to the safe conduct and management of the operator’s aerial work operations;

(vi) the kinds of aerial work operations the operator is authorised to conduct under the operator’s aerial work certificate;

(vii) the kind of operations involving a Class D external load conducted by the operator, including beginning to operate that kind of operation (but not including ceasing to conduct that kind of operation);

(viii) for an aerial work operator that is not required to have either a training and checking system under regulation 138.125 or a safety management system under regulation 138.140—the flight rules under which the operator conducts the operator’s aerial work operations (but not including starting operations under the visual flight rules if operations were already conducted under the instrument flight rules); or

(b) any of the following changes in relation to the aircraft used in the operator’s aerial work operations:

(i) the operator first starts to use an aircraft for which a pilot of the aircraft would need a type rating for the aircraft and no other aircraft is already used by the operator that requires the same type rating;

(ii) the operator first starts to use an aircraft that is in a different category of aircraft (within the meaning of Part 61) compared to the category of aircraft already used by the operator;

(iii) the operator first starts to use an aircraft that is a multi‑engine aeroplane or a multi‑engine rotorcraft; or

(c) a change in relation to any of the following that does not maintain or improve, or is not likely to maintain or improve, aviation safety:

(i) the plans, processes, procedures, programs and systems for the safe conduct and management of the operator’s aerial work operations;

(ii) the qualifications, experience and responsibilities required by the operator for any of the operator’s key personnel;

(iii) any other aeronautical or aviation safety related services provided to the operator by third parties;

(iv) any leasing or other arrangements for the supply of an aeroplane or rotorcraft used in the operator’s aerial work operations; or

(d) a change required to be approved by CASA under these Regulations, other than a change that results in the reissue or replacement of an instrument previously issued by CASA in which the conditions or other substantive content of the instrument are unchanged.

163 Item 1 of Schedule 1 (regulation 138.015)

Repeal the regulation, substitute:

138.015 Definition of task specialist

(1) A task specialist, for an aerial work operation, means a crew member for a flight:

(a) who carries out a function for the flight relating to the aerial work operation; and

(b) who is not a flight crew member or an air crew member for the flight.

(2) Despite subregulation (1), a task specialist:

(a) includes a crew member of a kind prescribed by the Part 138 Manual of Standards for the purposes of this paragraph; and

(b) does not include a crew member of a kind prescribed by the Part 138 Manual of Standards for the purposes of this paragraph.

164 Item 1 of Schedule 1 (subregulation 138.025(1))

After “If a provision of this Part”, insert “, or of the Part 138 Manual of Standards,”.

165 Paragraph 138.050(1)(h)

Repeal the paragraph.

166 Item 1 of Schedule 1 (regulations 138.060 and 138.065)

Repeal the regulations, substitute:

138.060 Changes of name etc.

(1) An aerial work operator contravenes this subregulation if the operator:

(a) makes a change mentioned in subregulation (2); and

(b) does not, before making the change:

(i) amend the operator’s operations manual to reflect the change; and

(ii) give CASA written notice of the change and a copy of the amended part of the operations manual clearly identifying the change.

(2) For the purposes of paragraph (1)(a), the changes are the following:

(a) a change to the operator’s name (including any operating or trading name) or contact details;

(b) if the address of the operator’s operational headquarters is different from the operator’s mailing address—a change to the address of the operator’s operational headquarters.

(3) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

138.062 Application for approval of significant changes

(1) An aerial work operator contravenes this subregulation if:

(a) the operator makes a significant change other than a significant change mentioned in subregulation (2) or (3); and

(b) CASA has not approved the significant change.

(2) An aerial work operator contravenes this subregulation if:

(a) the operator makes a significant change that is the permanent appointment, or the acting appointment (for a period of greater than 35 days), as any of the operator’s key personnel of a person previously authorised to carry out the responsibilities of the position in a circumstance mentioned in subparagraph 138.155(1)(e)(iv); and

(b) the operator does not apply to CASA for approval of the change, in accordance with subregulation (4), within 7 days after the change is made.

(3) An aerial work operator contravenes this subregulation if:

(a) the operator makes a significant change that is the permanent appointment as any of the operator’s key personnel of a person not previously authorised to carry out the responsibilities of the position in a circumstance mentioned in subparagraph 138.155(1)(e)(iv); and

(b) the operator does not apply to CASA for approval of the change, in accordance with subregulation (4), within 3 days after the change is made.

(4) An application for approval of a significant change must:

(a) be in writing; and

(b) set out the change; and

(c) be accompanied by a copy of the part of the operator’s operations manual affected by the change, clearly identifying the change.

(5) A person commits an offence of strict liability if the person contravenes subregulation (1), (2) or (3).

Penalty: 50 penalty units.

138.064 Approval of significant changes

(1) CASA must approve a significant change for an aerial work operator if satisfied that the requirements mentioned in subregulation 138.040(1) will continue to be met.

(2) If CASA approves the significant change, CASA is taken to have also approved the changes to the operator’s operations manual covered by the application.

138.066 Changes must be made in accordance with process in operations manual

(1) An aerial work operator contravenes this subregulation if:

(a) the operator makes a change; and

(b) the change is not made in accordance with the process included in the operator’s operations manual in accordance with paragraph 138.155(1)(m).

(2) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

138.068 CASA directions relating to operations manual or key personnel

(1) If CASA is satisfied that it is necessary in the interests of aviation safety, CASA may direct an aerial work operator to change its operations manual:

(a) to remove particular information, procedures or instructions from the operations manual; or

(b) to include particular information, procedures or instructions in the operations manual; or

(2) CASA may direct an aerial work operator to remove any of the operator’s key personnel from the person’s position if satisfied that the person is not:

(a) carrying out the responsibilities of the position; or

(b) if the person is the chief executive officer—properly managing matters for which the person is accountable.

(3) A direction under this regulation must:

(a) be in writing; and

(b) state the time within which the direction must be complied with.

(4) An aerial work operator contravenes this subregulation if:

(a) CASA gives the operator a direction under this regulation; and

(b) the operator does not comply with the direction within the time stated in the direction.

(5) A person commits an offence of strict liability if the person contravenes subregulation (4).

Penalty: 50 penalty units.

167 Item 1 of Schedule 1 (subregulation 138.150(1))

Repeal the subregulation, substitute:

(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.

168 Item 1 of Schedule 1 (subregulation 138.155(1))

Repeal the subregulation, substitute:

(1) An operations manual for an aerial work operator must include the following:

(a) the operator’s name (including any operating or trading name), contact details and ABN (if any);

(b) the address of:

(i) the operator’s operational headquarters; and

(ii) each of the operator’s main operating bases;

(c) a description and diagram of the operator’s organisational structure showing formal reporting lines, including the formal reporting lines for each of the key personnel;

(d) if the operator is a corporation—a description of the operator’s corporate structure;

(e) for each of the key personnel, the following information:

(i) the qualifications and experience (if any) required by the operator for the position in addition to the qualifications and experience required under Division 138.B.4 for the position;

(ii) each matter (if any) for which the holder of the position is responsible in addition to the responsibilities mentioned in Division 138.B.4 for the position;

(iii) the name of the person appointed to the position;

(iv) the name of each person (if any) authorised to carry out the responsibilities of the position when the position holder is absent from the position or cannot carry out the responsibilities;

(v) a description of how the operator will manage the responsibilities of the position during a circumstance mentioned in subparagraph (iv);

(f) each matter (if any) for which the chief executive officer is responsible and accountable in addition to the matters mentioned in regulation 138.085;

(g) an outline of the aerial work operations conducted by the operator under the operator’s aerial work certificate;

(h) details of each plan, process, procedure, program and system implemented by the operator to safely conduct and manage their aerial work operations in compliance with the civil aviation legislation;

(i) for each registered aircraft operated by the operator under their aerial work certificate—the kind of aircraft;

(j) for each foreign registered aircraft operated by the operator under their aerial work certificate—the kind of aircraft and its nationality;

(k) a description of the arrangements for managing the continuing airworthiness of the aircraft used by the operator under its aerial work certificate;

(l) for operators that are not required to have a safety management system under regulation 138.140—a description of the operator’s safety policy;

(m) a description of the operator’s process for making changes, including:

(i) identifying changes that are significant changes; and

(ii) identifying changes that are not significant changes; and

(iii) telling CASA and the operator’s personnel of the changes;

(n) a description of anything else required to be approved by CASA under these Regulations in relation to the operations mentioned in paragraph (g);

(o) any other matter required to be included in the operations manual under these Regulations.

Note: The plans, processes, procedures, programs and systems mentioned in paragraph (h) may be set out in one or more operator manuals.

169 Item 1 of Schedule 1 (after regulation 138.155)

Insert:

138.157 Compliance with operations manual by operator

(1) An aerial work operator contravenes this subregulation if the operator does not meet a requirement of the operator’s operations manual.

(2) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

170 Item 1 of Schedule 1 (regulation 138.190)

Repeal the regulation.

171 Item 1 of Schedule 1 (paragraph 138.205(1)(c))

Omit “or restricted”, substitute “, restricted or utility”.

172 Item 1 of Schedule 1 (regulation 138.275)

Repeal the regulation, substitute:

138.275 Minimum height rules

Regulation 91.265, 91.267, 91.277 or 91.305 does not apply to a pilot in command of an aircraft for a flight involving an aerial work operation if:

(a) circumstances prescribed by the Part 138 Manual of Standards for the purposes of this paragraph apply to the aircraft and the operation; or

(b) requirements prescribed by the Part 138 Manual of Standards for the purposes of this paragraph are complied with in relation to the flight.

173 Item 1 of Schedule 1 (regulation 138.285)

Omit “138.295(1)”, substitute “91.455(1)”.

174 Item 1 of Schedule 1 (regulation 138.295)

Repeal the regulation.

175 Item 1 of Schedule 1 (at the end of Division 138.D.6)

Add:

138.302 Fuelling safety procedures

(1) An aerial work operator’s operations manual must include the following in relation an aircraft operated by the operator:

(a) procedures to ensure the aircraft is fuelled safely;

(b) procedures relating to the safety of:

(i) any aerial work passengers; and

(ii) crew members other than air crew members, cabin crew members or flight crew members;

who are embarking or disembarking, or on board, the aircraft during fuelling, including the procedures mentioned in subregulation (2);

(c) if the operator permits a person to operate low‑risk electronic devices inside the cabin of the aircraft while the aircraft is being fuelled—procedures to ensure that, before an engine of the aircraft is started, any effects of radio frequency emissions from those devices have been corrected.

(2) For the purposes of paragraph (1)(b), the procedures must include the normal, emergency and communication procedures to be followed by the following persons:

(a) any air crew members;

(b) any cabin crew members;

(d) any of the operator’s personnel who carry out a ground support duty for a flight of the aircraft.

176 Item 1 of Schedule 1 (Division 138.D.7 (heading))

Omit “aerial work”.

177 Item 1 of Schedule 1 (regulations 138.305, 138.310 and 138.315)

Repeal the regulations, substitute:

138.305 Carriage of passengers—general

(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

(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).

Penalty: 50 penalty units.

178 Item 1 of Schedule 1 (regulation 138.320)

Repeal the regulation, substitute:

138.320 Procedures for carriage of restricted persons

An aerial work operator’s operations manual must state whether or not the operator will carry restricted persons as part of aerial work operations.

179 Item 1 of Schedule 1 (regulations 138.325, 138.330, 138.335, 138.355 and 138.360)

Repeal the regulations.

180 Item 1 of Schedule 1 (before subregulation 138.370(1))

Insert:

(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.

181 Item 1 of Schedule 1 (Division 138.D.10 (heading))

Repeal the heading, substitute:

Division 138.D.10—Rules for external load operations

182 Item 1 of Schedule 1 (regulations 138.390 and 138.395)

Repeal the regulations.

183 Item 1 of Schedule 1 (before subregulation 138.400(1))

Insert:

(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.

184 Item 1 of Schedule 1 (regulation 138.405)

Repeal the regulation.

185 Item 1 of Schedule 1 (regulation 138.410 (heading))

Repeal the heading, substitute:

138.410 Manual of Standards may prescribe requirements for external load operations

186 Item 1 of Schedule 1 (subregulation 138.410(2))

Omit “additional”.

187 Item 1 of Schedule 1 (Division 138.D.11 (heading))

Repeal the heading, substitute:

Division 138.D.11—Rules for dispensing operations

188 Item 1 of Schedule 1 (regulations 138.415 and 138.420)

Repeal the regulations.

189 Item 1 of Schedule 1 (regulation 138.425 (heading))

Repeal the heading, substitute:

138.425 Manual of Standards may prescribe requirements for dispensing operations

190 Item 1 of Schedule 1 (subregulation 138.425(2))

Omit “additional”.

191 Item 1 of Schedule 1 (Division 138.D.12 (heading))

Repeal the heading, substitute:

Division 138.D.12—Rules for task specialist operations

192 Item 1 of Schedule 1 (regulation 138.430 (heading))

Repeal the heading, substitute:

138.430 Manual of Standards may prescribe requirements for task specialist operations

193 Item 1 of Schedule 1 (subregulation 138.430(2))

Omit “additional”.

194 Item 1 of Schedule 1 (at the end of Division 138.D.12)

Add:

138.432 Possessing and discharging firearms

(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) The operator and the pilot in command of an aircraft for a flight involving an aerial work operation each contravene this subregulation if:

(a) either or both of the following apply for the flight:

(i) a person carries or otherwise possesses a firearm on an aircraft;

(ii) a person discharges a firearm while on an aircraft; and

(b) a requirement prescribed by the Part 138 Manual of Standards for the purposes of this paragraph is not met for the flight.

(3) A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty: 50 penalty units.

(4) This regulation applies despite regulations 91.160, 91.165 and 91.190.

195 Item 1 of Schedule 1 (regulation 138.435)

Repeal the regulation, substitute:

138.435 Take‑off performance

(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) The Part 138 Manual of Standards may prescribe requirements relating to take‑off performance for a flight of an aircraft.

(3) Without limiting subregulation (2), the Part 138 Manual of Standards may prescribe requirements that relate to one or more of the following:

(a) the kinds of operations to be carried out during the flight;

(b) characteristics of the aerodrome at which the aircraft takes off;

(d) characteristics of the aerodrome at which the aircraft lands.

(4) The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) the pilot is subject to a requirement mentioned in subregulation (2) for the flight; and

(b) the requirement is not met for the flight.

(5) The operator of an aircraft for a flight contravenes this subregulation if:

(a) the operator is subject to a requirement mentioned in subregulation (2) for the flight; and

(b) the requirement is not met for the flight.

(6) A person commits an offence of strict liability if the person contravenes subregulation (4) or (5).

Penalty: 50 penalty units.

196 Item 1 of Schedule 1 (regulation 138.440)

Repeal the regulation, substitute:

138.440 Landing performance

(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) The Part 138 Manual of Standards may prescribe requirements relating to landing performance for a flight of an aircraft.

(3) Without limiting subregulation (2), the Part 138 Manual of Standards may prescribe requirements relating to one or more of the following:

(a) the aircraft’s configuration;

(b) the operation of any equipment for the flight;

(d) safety factor percentages to be applied.

(4) The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) the pilot is subject to a requirement mentioned in subregulation (2) for the flight; and

(b) the requirement is not met for the flight.

(5) The operator of an aircraft for a flight contravenes this subregulation if:

(a) the operator is subject to a requirement mentioned in subregulation (2) for the flight; and

(b) the requirement is not met for the flight.

(6) A person commits an offence of strict liability if the person contravenes subregulation (4) or (5).

Penalty: 50 penalty units.

197 Item 1 of Schedule 1 (regulation 138.445)

Repeal the regulation.

198 Item 1 of Schedule 1 (regulation 138.455)

Repeal the regulation.

199 Item 1 of Schedule 1 (Subpart 138.K (heading))

Repeal the heading, substitute:

Subpart 138.K—Equipment

200 Item 1 of Schedule 1 (regulations 138.465 and 138.470)

Repeal the regulations, substitute:

138.465 Requirements relating to equipment

(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) The Part 138 Manual of Standards may prescribe requirements relating to:

(a) the fitment and non‑fitment of equipment to an aircraft; and

(b) the carrying of equipment on an aircraft; and

(3) A person contravenes this subregulation if:

(a) the person is subject to a requirement mentioned in subregulation (2); and

(b) the requirement is not met.

(4) A person commits an offence of strict liability if the person contravenes subregulation (3).

Penalty: 50 penalty units.

201 Item 1 of Schedule 1 (Division 138.N.1 (heading))

Repeal the heading.

202 Item 1 of Schedule 1 (before subregulation 138.475(1))

Insert:

(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.

203 Item 1 of Schedule 1 (paragraph 138.475(2)(c))

Repeal the paragraph, substitute:

(i) if the aircraft is an Australian aircraft—be authorised to pilot the aircraft during the flight under Part 61; or

(ii) if the aircraft is a foreign registered aircraft—be authorised to pilot the aircraft during the flight by the aircraft’s State of registry;

204 Item 1 of Schedule 1 (paragraphs 138.475(2)(d) and (e))

Repeal the paragraphs.

205 Item 1 of Schedule 1 (subregulation 138.480(1))

Omit “(1)”.

206 Item 1 of Schedule 1 (subregulations 138.480(2) and (3))

Repeal the subregulations.

207 Item 1 of Schedule 1 (regulation 138.495)

Repeal the regulation.

208 Item 1 of Schedule 1 (before subregulation 138.500(1))

Insert:

(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.

209 Item 1 of Schedule 1 (paragraph 138.500(1)(a))

Repeal the paragraph, substitute:

(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

210 Paragraph 138.500(1)(b)

After “manual”, insert “(if any)”.

211 Item 1 of Schedule 1 (after subregulation 138.500(2))

Insert:

(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.

212 Item 1 of Schedule 1 (subregulation 138.500(3))

After “subregulation (2)”, insert “or (2A)”.

213 Item 1 of Schedule 1 (after regulation 138.500)

Insert:

138.505 Training and checking to be conducted by certain persons

(1) The operator of an aircraft contravenes this subregulation if:

(a) a flight crew member of the operator’s personnel undertakes training or a check mentioned in this Subpart; and

(b) the training or check is conducted other than in accordance with subregulation (2).

(2) The training or check must be conducted by:

(a) an individual who:

(i) is engaged by the operator (whether by contract or other arrangement) to conduct the training or check; and

(ii) meets the requirements prescribed by the Part 138 Manual of Standards; or

(b) a Part 142 operator with which the operator has a contract for the Part 142 operator to conduct the training or check for the operator.

(3) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

214 Item 1 of Schedule 1 (Division 138.N.2)

Repeal the Division.

215 Item 1 of Schedule 1 (Subpart 138.P (heading))

Repeal the heading, substitute:

Subpart 138.P—Air crew members and task specialists

216 Item 1 of Schedule 1 (subregulations 138.540(2) and (3))

Repeal the subregulations, substitute:

(2) The requirements are as follows:

(a) if the aerial work operation is one for which the operator’s operations manual requires the carriage of air crew members—those air crew members must be carried on the flight;

(b) each air crew member must meet the training and checking requirements for the air crew member and the flight mentioned in subregulation (3).

(3) The Part 138 Manual of Standards may prescribe requirements relating to training and checking that must be completed by an air crew member for a flight.

217 Item 1 of Schedule 1 (regulation 138.545)

Repeal the regulation.

218 Item 1 of Schedule 1 (subregulation 138.550(1))

Omit “for a flight involving an aerial work operation”.

219 Item 1 of Schedule 1 (regulations 138.555, 138.560, 138.565 and 138.570)

Repeal the regulations.

220 Item 1 of Schedule 1 (Division 138.P.2 (heading))

Repeal the heading, substitute:

Division 138.P.2—Task specialists

221 Item 1 of Schedule 1 (regulation 138.575)

Omit “an aerial work specialist”, substitute “a task specialist”.

222 Item 1 of Schedule 1 (subregulations 138.580(2) and (3))

Repeal the subregulations, substitute:

(2) The requirements are as follows:

(a) if the aerial work operation is one for which the operator’s operations manual requires the carriage of task specialists—those task specialists must be carried on the flight;

(b) each task specialist must meet the training and checking requirements for the task specialist and the flight mentioned in subregulation (3).

(3) The Part 138 Manual of Standards may prescribe requirements relating to training and checking that must be completed by a task specialist for a flight.

223 Item 1 of Schedule 1 (regulation 138.585)

Repeal the regulation.

224 Item 1 of Schedule 1 (paragraph 138.590(1)(a))

Omit “an aerial work specialist”, substitute “a task specialist”.

225 Item 1 of Schedule 1 (regulations 138.595 and 138.600)

Repeal the regulations.

Civil Aviation Safety Regulations 1998

226 Subregulation 21.197(2)

Omit “certificated”.

Schedule 2—Other amendments

Civil Aviation Legislation Amendment (Parts 103, 105 and 131) Regulations 2019

1 Item 1 of Schedule 3 (paragraph 131.150(2)(f))

Omit “recurrent” (wherever occurring).

Civil Aviation Safety Amendment (Part 119) Regulations 2018

2 Item 1 of Schedule 1 (paragraph 119.150(2)(d))

Omit “recurrent” (wherever occurring).

Civil Aviation Safety Amendment (Part 138) Regulations 2018

3 Item 1 of Schedule 1 (subregulations 138.105(2) and (3))

Omit “recurrent” (wherever occurring).

Civil Aviation Safety Regulations 1998

4 Part 142 (heading)

Omit “recurrent”.

5 Paragraph 142.005(a)

Omit “recurrent”.

6 Paragraph 142.015(1)(b)

Omit “recurrent”.

7 Regulation 142.020 (heading)

Omit “recurrent”.

8 Regulation 142.020 (definition of contracted recurrent training)

Repeal the definition.

9 Regulation 142.020

Insert:

contracted training means training that is:

(a) conducted by a Part 142 operator for a contracting operator; and

(b) the responsibility of the contracting operator under these Regulations.

10 Regulation 142.020 (definition of contracting operator)

Repeal the definition, substitute:

contracting operator means an aircraft operator who enters into a contract with a Part 142 operator for the Part 142 operator to conduct training or checking that is the responsibility of the aircraft operator under these Regulations.

11 Regulation 142.035 (definition of contracted recurrent training)

Repeal the definition.

12 Regulation 142.035 (definition of instructor)

Omit “recurrent”.

13 Regulation 142.035 (definition of recurrent training)

Repeal the definition.

14 Regulation 142.035 (definition of training base)

Repeal the definition, substitute:

training base, for a Part 142 operator, means a facility at or from which the operator conducts Part 142 activities.

15 Paragraph 142.160(1)(f)

Omit “recurrent” (wherever occurring).

16 Subregulation 142.190(2)

Omit “recurrent” (wherever occurring).

17 Paragraphs 142.255(a) and (c)

Omit “recurrent”.

18 Subregulation 142.340(1)

Omit “recurrent” (wherever occurring).

19 Subpart 202.GB (heading)

Omit “recurrent”.

Schedule 3—Amendments to delay commencement from 25 March 2021 to 2 December 2021

Civil Aviation Legislation Amendment (Parts 103, 105 and 131) Regulations 2019

1 Subsection 2(1) (table item 2)

Repeal the item, substitute:

2. Schedules 1 to 3

2 December 2021.

2 December 2021

2 Item 8 of Schedule 2 (regulations 202.501 and 202.502)

Omit “25 March 2021”, substitute “2 December 2021”.

Civil Aviation Safety Amendment (Operations Definitions) Regulations 2019

3 Subsection 2(1) (table item 1)

Repeal the item, substitute:

1. The whole of this instrument

2 December 2021.

2 December 2021

Civil Aviation Safety Amendment (Part 91) Regulations 2018

4 Subsection 2(1) (table item 1)

Repeal the item, substitute:

1. The whole of this instrument

2 December 2021.

2 December 2021

Civil Aviation Safety Amendment (Part 119) Regulations 2018

5 Subsection 2(1) (table item 1)

Repeal the item, substitute:

1. The whole of this instrument

2 December 2021.

2 December 2021

Civil Aviation Safety Amendment (Part 121) Regulations 2018

6 Subsection 2(1) (table item 1)

Repeal the item, substitute:

1. The whole of this instrument

2 December 2021.

2 December 2021

Civil Aviation Safety Amendment (Part 133) Regulations 2018

7 Subsection 2(1) (table item 1)

Repeal the item, substitute:

1. The whole of this instrument

2 December 2021.

2 December 2021

Civil Aviation Safety Amendment (Part 135) Regulations 2018

8 Subsection 2(1) (table item 1)

Repeal the item, substitute:

1. The whole of this instrument

2 December 2021.

2 December 2021

Civil Aviation Safety Amendment (Part 138) Regulations 2018

9 Subsection 2(1) (table item 1)

Repeal the item, substitute:

1. The whole of this instrument

2 December 2021.

2 December 2021