CASA EX105/23

Note In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: operator and Part 105 ASAO as defined in the CASR Dictionary.

In this instrument:

competency review has the meaning given by subsection 3.04(1) of the Part 105 Manual of Standards.

flight time has the same meaning as in Part 61 of CASR.

jump pilot authorisation has the meaning given by section 3.03 of the Part 105 Manual of Standards.

parachute operator: see regulation 105.010 of CASR.

4 Parachute operators who are not training organisations

Application

(1) Subsection (2) applies to a person who:

(a) carries on a business or undertaking mentioned in paragraph (h) of the definition of parachuting activity in regulation 105.010 of CASR; and

(b) in undertaking that parachuting activity is not providing a service mentioned in subsection (3).

Note A person carrying on a business or undertaking that is a parachuting activity mentioned in paragraph (1)(a) is defined to be a parachute operator: see regulation 105.010 of CASR.

Exemption

(2) The person is exempt from compliance with subregulations 105.065(1) and 105.070(2) of CASR.

Services for which a parachute operator is not exempt

(3) For paragraph (1)(b), the following are services in relation to which the person is not exempt:

(a) training, or a service relating to training, in:

(i) undertaking a parachute descent; or

(ii) supervising a parachute descent undertaken by a trainee parachutist or tandem parachutist, or both; or

(iii) operating an aircraft to facilitate a parachute descent undertaken by a trainee parachutist or tandem parachutist, or both;

(b) supervision of, or a service relating to supervision of, a parachute descent undertaken by a trainee parachutist or tandem parachutist, or both.

Persons who are not parachute operators

(4) To avoid doubt, an individual who:

(a) undertakes a parachuting activity mentioned in paragraphs (a) to (g), or paragraph (i), of the definition of parachuting activity in regulation 105.010 of CASR; and

(b) does so on behalf of a parachute operator (for example, because the person is employed or otherwise engaged by the parachute operator);

is not a person to whom the exemption in subsection (2) applies.

5 Certain training in operating an aircraft to facilitate a parachute descent

(1) Subsection (3) applies to a person if:

(a) the person is providing training in operating an aircraft to facilitate a parachute descent; and

(b) the training:

(i) does not relate to training and standards required for the issue to a pilot of a jump pilot authorisation under section 3.03 of the Part 105 Manual of Standards; and

(ii) is not a competency review of the holder of a jump pilot authorisation to perform an activity authorised by that authorisation; and

(iii) does not relate to training and standards required for the issue of an authorisation to conduct such a competency review.

(2) Also, subsection (3) applies to a person if:

(a) the person is providing training in operating an aircraft to facilitate a parachute descent; and

(b) the training is training to which a provision in Division 61.B.2 of CASR applies.

(3) The person is exempt from compliance with subregulation 105.065(1) of CASR.

6 Aircraft operations—parachute descents not undertaken by tandem or trainee parachutists

(1) This section applies to the operator, and the pilot in command, of an aircraft being operated to facilitate a parachute descent, other than a parachute descent by a trainee parachutist or tandem parachutist, or both.

(2) The operator and the pilot in command are each exempt from compliance with subregulation 105.065(1) of CASR.

7 Direction—Jump pilot flight time requirements for helicopters

(1) For the purposes of regulation 11.245 of CASR, the pilot in command of a helicopter must not operate the helicopter to facilitate a parachute descent by a trainee parachutist or tandem parachutist, or both, if the pilot does not meet the flight time required by subsection (2).

(2) The flight time required by this subsection is that the pilot must have at least 10 hours of experience as pilot in command of the type of helicopter being operated.

8 Repeal

This instrument is repealed at the end of 1 December 2026.

Note For regulation 11.250 of CASR, the direction in section 7 ceases to be in force at the end of 1 December 2026.