Instrument number CASA EX68/24
I, STEVEN JAMES CAMPBELL, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.
Steven Campbell
Executive Manager, National Operations & Standards
29 November 2024
CASA EX68/24 – Part 119 of CASR – Supplementary Exemptions and Directions Instrument 2024
Page
Part 1 Preliminary, Definitions and Application...........................2
1 Name....................................................2
1A Commencement.............................................2
2 Repeal....................................................2
3 Definitions.................................................2
3A Table of Contents............................................3
4 Application................................................3
Part 2 Directions................................................4
5 Use of EFBs — direction.......................................4
6 Operation of foreign-registered aircraft — direction......................4
6A First use of NVIS in an NVIS operation under Part 133 of CASR – significant change – direction 5
6B Retention of historical records — direction............................5
Part 3 Exemptions and directions.....................................6
7AA Certain operations not air transport — exemption........................6
7AB Certain air transport operations — “cross-hiring” exemption................8
7 Significant change of type or model of aircraft — exemption................9
8 HOFO requirements — exemption................................10
9 HOFO requirements — directions.................................11
10 HOTC requirements — exemption................................11
11 HOTC requirements — directions.................................12
14 Training and checking for operational safety-critical personnel — exemption....13
15 Training and checking for operational safety-critical personnel — direction......13
16 Authorised persons acting in the absence of key personnel — exemption.......14
18 FDAP — exemption..........................................14
19 Safety information — direction...................................14
20 Flight crew licences, medical certificates, etc. — exemptions and conditions.....15
21 Saving of certain approvals and applications under repealed instrument........16
Part 1 Preliminary, Definitions and Application
This instrument is CASA EX68/24 – Part 119 of CASR – Supplementary Exemptions and Directions Instrument 2024.
This instrument commences on 2 December 2024.
This instrument is repealed at the end of 1 December 2027.
Note Some provisions of this instrument provide that they may cease to have effect at a specified time before they would otherwise be repealed by this section (see subsections 8(5), 10(5) and 14(4)).
Note In this instrument, certain terms and expressions have the same meaning as they have in the Act and the regulations. These include civil aviation legislation which is defined in section 3 of the Act, and CAR, CASR, exposition, medical certificate, operational safety-critical personnel, Part 121 Manual of Standards, safety management system and scheduled air transport operation which are defined in the CASR Dictionary.
In this instrument:
aerial work (air ambulance) operation has the same meaning as in regulation 202.405 of CASR.
ATPL is short for air transport pilot licence.
Australian air transport operation has the meaning given by regulation 119.010 of CASR.
Australian air transport operator has the meaning given by subregulation 119.015(2) of CASR.
CAO means Civil Aviation Order.
charter operations has the same meaning as it had in regulation 206 of CAR immediately before 2 December 2021.
early applicant, for a particular AOC or AOC variation, means a person:
(a) who at least 90 days before 2 December 2021 — applied for the AOC or AOC variation under the civil aviation legislation in force on the date of the application; but
(b) whose application was still under consideration by CASA on 2 December 2021.
exposition content, for a safety system, means the exposition content required for the safety system under Part 119 of CASR, and under any applicable related requirements under Part 121, Part 133 and Part 135 of CASR.
FDAP is short for flight data analysis program.
HFP&NTS program means an Australian air transport operator’s program for training and assessing operational safety-critical personnel in human factors principles and non-technical skills.
high capacity aircraft has the meaning given by subsection 2 of CAO 82.0, as in force immediately before 2 December 2021.
HOFO is short for head of flying operations, and has the same meaning as the expression head of the flying operations part of an organisation has in subsection 28(3) of the Act.
HOTC is short for head of training and checking, and has the same meaning as the expression head of the training and checking part of an organisation has in subsection 28(3) of the Act.
medical transport operation means a Part 133 operation that is a medical transport operation within the meaning given by paragraph (1)(a) of the definition of medical transport operation in clause 70 of Part 2 of the CASR Dictionary.
MOPSC is short for maximum operational passenger seat configuration.
MTOW is short for maximum take-off weight.
NVIS means night vision imaging system.
NVIS operation means an NVIS flight that is any of the following operations using NVIS:
(a) a medical transport operation;
(b) training or checking for a Part 133 operator in relation to its crew members who conduct NVIS flights during the operator’s medical transport operations;
(c) a maintenance flight of an aircraft for the purpose of ensuring the serviceability of the aircraft, or the NVIS, for NVIS operations mentioned in any other paragraph of this definition;
(d) a test flight of an aircraft for the purpose of certifying the aircraft, or the NVIS, for NVIS operations mentioned in any other paragraph of this definition.
Part 133 operation means an Australian air transport operation mentioned in regulation 133.005 of CASR, and includes a medical transport operation.
regular public transport operations has the same meaning as it had in regulation 206 of CAR immediately before 2 December 2021.
safety system means a safety system that is one of the following:
(a) an SMS, including its exposition content;
(b) an HFP&NTS program, including its exposition content;
(c) a T&C system, including its exposition content.
SMS is short for safety management system, which is defined in the CASR Dictionary.
T&C is short for training and checking.
the Act means the Civil Aviation Act 1988.
The Table of Contents for this instrument is not part of this instrument. It is for guidance only and may be edited or updated by CASA in any published version of this instrument.
This instrument applies, according to its terms, to the operator, and the pilot in command, of an aircraft to which Part 119 of CASR applies.
(1) In this section:
EFB is short for electronic flight bag, and means an information system for the flight crew members of an aircraft, that allows storing, updating, delivering, and displaying, with or without computing, digital data to support flight operations or flight duties on the aircraft.
relevant CAO means CAO 82.0, as in force immediately before 2 December 2021.
(2) Subject to subsection (4), an Australian air transport operator must not use an EFB in an operation for the first time unless CASA, in writing, has approved the use of the EFB by the operator and the aircraft’s flight crew.
Note Subsection 21(1) of this instrument saves the operation of an approval given by CASA under subsection 5(2) of CASA EX82/21 – Part 119 of CASR – Supplementary Exemptions and Directions Instrument 2021 that was current or in force immediately before the commencement of this instrument.
(3) An Australian air transport operator must include in its exposition information, procedures and instructions in relation to:
(a) use of the EFB by the operator’s flight crew members; and
(b) management of the EFB, including access to it, and the security and updating of it; and
(c) how the operator will obtain CASA approval of any changes to the use of the EFB as described in the exposition.
(4) Subsection (2) does not apply to an Australian air transport operator if, immediately before 2 December 2021, the operator was an AOC holder:
(a) authorised to conduct charter operations, regular public transport operations, or aerial work (air ambulance) operations; and
(b) in compliance with the requirements of paragraph 11.1 and Appendix 9 of the relevant CAO.
6 Operation of foreign-registered aircraft — direction
(1) An Australian air transport operator must not operate a foreign-registered aircraft (the relevant foreign aircraft) in an Australian air transport operation for the first time unless CASA, in writing, has approved the operator’s application to operate the aircraft in the operation.
(2) An Australian air transport operator approved in accordance with subsection (1) must not change the operation of the relevant foreign aircraft (other than to cease operating the aircraft) unless CASA, in writing, has approved the operator’s application to change the operation of the aircraft.
Note Subsection 21(1) of this instrument saves the operation of an approval given by CASA under subsection 6(1) or (2) of CASA EX82/21 – Part 119 of CASR – Supplementary Exemptions and Directions Instrument 2021 that was current or in force immediately before the commencement of this instrument.
(3) An application for a CASA approval under subsection (1) or (2) must be accompanied by the information that is described in paragraphs 28A(1)(c) to (h) of the Act.
(4) If the relevant foreign aircraft is the subject of, or included under, an agreement mentioned in paragraph 28A(1)(a) or (b) of the Act that indicates the period of time during which the aircraft may be operated by the Australian air transport operator, then the operator must not operate the aircraft outside that period of time.
(5) Subsections (1) to (4) of this section do not apply to an Australian air transport operator in relation to the operation of:
(a) an aircraft registered in New Zealand and operated under an Australian AOC with ANZA privileges; or
(b) an aircraft for the operation of which the operator holds a permission under section 27A of the Act.
6A First use of NVIS in an NVIS operation under Part 133 of CASR – significant change – direction
(1) This section applies to an Australian air transport operator (the operator) for a Part 133 operation.
(2) Before conducting an NVIS operation for the first time in a Part 133 operation, the operator must apply for, and obtain, the written approval of CASA as if:
(a) the first conduct of the NVIS operation were a significant change within the meaning of that expression in regulation 119.020 of CASR; and
(b) regulations 119.090, 119.095 and 119.100 applied to the first conduct of the NVIS operation as if it were such a significant change.
Note Subsection 21(1) of this instrument saves the operation of an approval given by CASA under subsection 6A(2) of CASA EX82/21 – Part 119 of CASR – Supplementary Exemptions and Directions Instrument 2021 that was current or in force immediately before the commencement of this instrument.
(3) If CASA gives the operator its approval under subsection (2) for a particular NVIS operation, no subsequent approval under subsection (2) is required before the operator may conduct a different NVIS operation for the first time in a Part 133 operation.
6B Retention of historical records — direction
(1) This section applies to an Australian air transport operator if, immediately before 2 December 2021, the operator was an AOC holder authorised to conduct charter operations, or regular public transport operations, or aerial work (air ambulance) operations (the operator).
(2) The operator must retain in safe custody, for the periods mentioned in subsection (3), each of the records held by the operator on 1 December 2021 that were mentioned in each of the following provisions (as applicable to the operator’s AOC) as the provision was in force immediately before 2 December 2021:
(a) CAO 82.1, Appendix 1, paragraphs 2.3, 2.4 and 2.5;
(b) CAO 82.3, Appendix 1, paragraph 2.5;
(c) CAO 82.5, Appendix 1, paragraph 2.4.
(3) For subsection (2), the period for retention of the records is at least the period, commencing on 2 December 2021, that the similar or analogous record is to be retained under Subpart 119.J of CASR.
Part 3 Exemptions and directions
7AA Certain operations not air transport — exemption
(1) In this section:
employed means employed by the operator under a contract of service, or a contract for services.
exempted transport operation means one of the following:
(a) the operation or use of an aircraft by a company, a partnership, or a sole trader (the business):
(i) for the carriage of passengers, or goods (not being goods for sale or exchange); and
(ii) where the predominant purpose of the carriage is to facilitate the conduct of the operator’s business; and
(iii) where the facilitation is merely ancillary to conducting the business; and
(iv) where no passenger gives any reward for the carriage of themselves, or otherwise shares in the costs of the carriage; and
(v) where the carriage of any passenger, or the passenger’s notional share of the costs of the carriage, is not rewarded by anyone else; and
(vi) where the aircraft is flown by a pilot who is a related pilot, or a professional pilot employed by the business to fly the aircraft; and
Note The word pilot, in the singular, includes pilots, plural, if applicable.
(vii) where the aircraft used has a maximum certificated passenger seating capacity that is not greater than 19;
(b) the operation of an aircraft directly by a government organisation (the government organisation):
(i) for the carriage of passengers, or goods (not being goods for sale or exchange); and
(ii) where the predominant purpose of the carriage is to facilitate the conduct of the government organisation’s official activities; and
(iii) where the facilitation is merely ancillary to conducting those activities; and
(iv) where no passenger gives any reward for the carriage of themselves, or otherwise shares in the costs of the carriage; and
(v) where the carriage of any passenger, or the passenger’s notional share of the costs of the carriage, is not rewarded by anyone else; and
(vi) where the aircraft is flown by a pilot who is a professional pilot employed by the government organisation to fly the aircraft; and
Note The word pilot, in the singular, includes pilots, plural, if applicable.
(vii) where the aircraft used has a maximum certificated passenger seating capacity that is not greater than 19;
(c) the operation of an aircraft for the transportation of any of the following:
(i) the owner of the aircraft (the owner);
(ii) a passenger directly associated with the owner;
provided that:
(iii) the owner is not given any reward for the transportation; and
(iv) the aircraft is flown by the owner, or by a professional pilot; and
Note The word pilot, in the singular, includes pilots, plural, if applicable.
(iv) the passenger is being transported for recreational purposes.
government organisation means any department, agency, body, entity or force of the Commonwealth government, or of a State or Territory government.
Note A company that provides flight services under contract to a government organisation is not a government organisation. If a company carries passengers or goods under contract for, or on behalf of, a government organisation, the exemption under section 7AA does not apply to such carriage.
maximum certificated passenger seating capacity has the meaning given by the CASR Dictionary.
operator means the business, the government organisation, or the owner, (as the case requires) within the meaning of exempted transport operation.
professional pilot means the holder of a commercial pilot licence, or an air transport pilot licence.
related pilot means any of the following (as applicable, within the meaning of exempted transport operation) who holds at least a private pilot licence:
(a) the aircraft owner;
(b) the sole proprietor;
(c) the business partner;
(d) the company director;
(e) the company shareholder.
reward means money, goods, services, or property, or any other benefit or advantage of any kind, or the promise of any of the foregoing.
(2) The operator is exempted from compliance with the following:
(a) for an aeroplane:
(i) Part 119 of CASR; and
(ii) Subpart 91.F of CASR;
(b) for a rotorcraft — Part 119 of CASR.
(3) The exemptions in paragraph (2)(a) are subject to the condition that the operator must comply with, and ensure that the aeroplane conforms to, the performance requirements under:
(a) regulations 121.390, 121.395 and 121.420 of CASR; and
(b) subject to subsection (4), the applicable requirements in the Part 121 Manual of Standards as made under regulations 121.395 and 121.420 of CASR (the applicable MOS requirements).
Note The applicable requirements in the Part 121 Manual of Standards as made under regulation 121.395 of CASR are in Chapter 9, Division 1A, and the applicable requirements as made under regulation 121.420 are in Chapter 9, Division 2.
(4) For paragraph (3)(b):
(a) in paragraph 9.08H(1)(a) of the Part 121 Manual of Standards, the words, “the operator’s exposition”, are to be taken to say, “the operator and pilot in command”; and
(b) in subsection 9.08K(2) of the Part 121 Manual of Standards, the words, “the operator’s exposition states procedures requiring the pilot in command to have a plan”, are to be taken to say “the pilot in command has a plan”; and
(c) in subsection 9.08K(3) of the Part 121 Manual of Standards, the words, “The procedures” are to be taken to say, “The plan”; and
(d) in paragraph 9.12(2)(c) of the Part 121 Manual of Standards, the words, “using procedures specified in the operator’s exposition”, are to be taken to say, “determined by the operator and the pilot in command”; and
(e) all of the applicable MOS requirements must be read and applied, mutatis mutandis, to harmonise with the requirements and intent of this section.
7AB Certain air transport operations — “cross-hiring” exemption
(1) This section applies to an Australian air transport operator (the relevant operator) who conducts:
(a) a medical transport operation; or
(b) a non-scheduled air transport operation;
(c) the operation is an Australian air transport operation (a relevant operation) in an aircraft (the relevant aircraft) for which the relevant operator is not also the registered operator or the holder of an approval under regulation 119.025 of CASR for subparagraph 119.080(1)(h)(ii); and
(d) the relevant aircraft does not conduct scheduled air transport operations.
(2) The relevant operator is exempted from the following for the conduct of a relevant operation in the relevant aircraft:
(a) paragraph 119.080(1)(h) of CASR;
Note Paragraph 119.080(1)(h) imposes an AOC condition that Australian air transport operators must be the registered operators of the relevant aircraft. “Cross-hiring” is a colloquial term to describe some common circumstances in which the relevant aircraft operator is not also the registered operator.
(b) regulation 119.060 but only in relation to paragraph 119.080(1)(h).
(3) The exemptions under subsection (2) are subject to the condition that the relevant operator’s exposition must contain procedures to ensure that the requirements expressed in subsection (4) are complied with.
(4) For subsection (3), the requirements are the following:
(a) if the relevant operator’s use of the relevant aircraft in a relevant operation does not require CASA’s approval under regulation 119.090 (Application for approval of significant changes) of CASR, including as a consequence of the exemptions in section 7 of this instrument — the relevant operator must:
(i) before any such use, assess any differences between the relevant aircraft and other aircraft being used by the operator; and
(ii) determine whether additional training or competency assessment is required for any member of the operational safety-critical personnel before the relevant aircraft is used in a relevant operation; and
(iii) if additional training or competency assessment is so required — ensure that the relevant training or assessment or both is completed before the relevant aircraft is used in a relevant operation;
(b) before the relevant aircraft is used in a relevant operation, the relevant operator must:
(i) be fully aware of the continuing airworthiness and maintenance status of the aircraft insofar as they are relevant to the operator’s use of the aircraft; and
(ii) ensure that the aircraft complies with the safety requirements of the regulations for the operation;
(c) the relevant operator must ensure that the arrangements between the operator and the registered operator for managing the continuing airworthiness of the relevant aircraft during the operator’s use of it are recorded in the exposition.
7 Significant change of type or model of aircraft — exemption
(1) This section applies to an Australian air transport operator (the operator).
(2) The operator is exempted from compliance with subregulations 119.090(1) and (4) of CASR, but only to the extent that the significant change is one described in subparagraph (a)(viii) of the definition of significant change in regulation 119.020.
(3) However, the exemptions in subsection (2) are subject to the condition that, for a change of the kind mentioned in subsection (4) or (5) (a relevant change), the operator must:
(a) apply in writing for CASA approval as if subregulation 119.090(3) of CASR applied to the change; and
(b) obtain CASA’s approval in writing.
Note Subsection 21(1) of this instrument saves the operation of an approval given by CASA under subsection 7(3) of CASA EX82/21 – Part 119 of CASR – Supplementary Exemptions and Directions Instrument 2021 that was current or in force immediately before the commencement of this instrument.
(4) For subsection (3), a relevant change means any change in relation to any of the following:
(a) the operator’s use of a multi-crew aircraft for which a legislative instrument, in accordance with paragraph 61.055(1)(a) of CASR, has prescribed type ratings that may be granted for a multi-crew operation;
Note On 2 December 2024, the latest edition of the instrument referred to in paragraph (a) is Part 61 Flight Crew Licensing (Prescribed Aircraft and Type Ratings) (Edition 9) Instrument 2023.
(b) the operator’s use of a type of aircraft for which single-pilot type ratings are required under paragraph 61.060(1)(a) of CASR, for which a legislative instrument, in accordance with subparagraph 61.060(1)(b)(i) of CASR, has prescribed the type ratings that may be granted for single-pilot operation;
Note On 2 December 2024, the latest edition of the instrument referred to in paragraph (b) is Part 61 Flight Crew Licensing (Prescribed Aircraft and Type Ratings) (Edition 9) Instrument 2023.
(c) the operator’s use of a variant model:
(i) of a type mentioned in paragraph (a) or (b); and
(ii) for which the operator’s flight crew members require differences training;
(d) the operator’s use of a type of aircraft:
(i) that is covered by a class rating; and
(ii) for which initial type specific training and flight review are required.
(5) For subsection (3), a relevant change means the operator’s first use of any of the following in an Australian air transport operation:
(a) an aircraft covered by a class rating where the aircraft is the first aircraft of that class rating to be used by the operator for Australian air transport operations;
(b) a pressurised aircraft;
(c) a turbine-powered aircraft;
(d) an aeroplane that:
(i) is covered by a class rating; and
(ii) has an MOPSC > 9, or an MTOW > 8 618 kg;
(e) a rotorcraft that:
(i) is covered by a class rating; and
(ii) has an MTOW > 3 175 kg.
8 HOFO requirements — exemption
(1) In this section:
operator means an Australian air transport operator who, immediately before 2 December 2021, held an AOC, or was an early applicant for an AOC or an AOC variation, that:
(a) authorised the use of single-pilot type certificated aircraft for:
(i) charter operations; or
(ii) aerial work (air ambulance) operations; and
(b) did not authorise regular public transport operations.
(2) This section applies to a person (the relevant HOFO) who:
(a) on 2 December 2021 was the HOFO or the nominated HOFO (as the case requires) of an operator; and
(b) immediately before 2 December 2021 was the operator’s Chief Pilot or nominated Chief Pilot; and
(c) immediately before 2 December 2021 did not hold an ATPL.
(3) A relevant HOFO is exempted from the requirements of:
(a) paragraph 119.135(1)(a) of CASR; and
(b) subregulation 119.135(2).
(4) The exemptions under subsection (3) are subject to the condition that the HOFO must meet the requirements set out in subclause 4.3 in Appendix 1 of CAO 82.0, as in force immediately before 2 December 2021, as if:
(a) subclause 4.3 continued to apply; and
(b) the HOFO was a Chief Pilot; and
(c) the operator was the AOC holder.
(5) This section ceases to have effect on the earliest of the following:
(a) the day on which the operator commences scheduled air transport operations;
(b) the day the HOFO ceases to be the operator’s HOFO;
(c) the end of a date to be specified in writing by CASA.
Note Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified date.
9 HOFO requirements — directions
(1) This section applies to an operator mentioned in section 8.
(2) The operator must ensure that the HOFO complies with the requirements under subsection 8(4).
(3) If the operator intends that when the exemptions under section 8 cease to have effect, the HOFO to whom they applied will continue to be the operator’s HOFO, then, before that ceasing to have effect, the operator must give CASA the operator’s exposition content in relation to the HOFO’s compliance with the requirements of:
(a) paragraph 119.135(1)(a) of CASR; and
(b) subregulation 119.135(2).
(4) If the operator intends to nominate a new person to be the HOFO for the period after the exemptions under section 8 cease to have effect, then before that ceasing to have effect the following must be approved in writing by CASA:
(a) the nomination of the person;
(b) the operator’s exposition content in relation to the person’s compliance with the requirements of paragraph 119.135(1)(a) of CASR and subregulation 119.135(2) (the relevant requirements).
(5) The operator must not commence scheduled air transport operations until CASA, in writing, approves the operator’s exposition content in relation to the HOFO’s compliance with the relevant requirements.
Note Subsection 21(1) of this instrument saves the operation of an approval given by CASA under subsection 9(4) or (5) of CASA EX82/21 – Part 119 of CASR – Supplementary Exemptions and Directions Instrument 2021 that was current or in force immediately before the commencement of this instrument.
10 HOTC requirements — exemption
(1) In this section:
operator means an Australian air transport operator who, immediately before 2 December 2021:
(a) held an AOC, or was an early applicant for an AOC or an AOC variation, that authorised the use of single-pilot type certificated aircraft for one or more of the following:
(i) charter operations, or aerial work (air ambulance) operations, in other than high capacity aircraft;
(ii) regular public transport operations, in other than high capacity aircraft; and
(b) was not required by subsection 8 of CAO 82.3, as in force immediately before 2 December 2021, to use 2 pilots for an operation under the AOC before 2 December 2021.
(2) This section applies to a person (the relevant HOTC) who:
(a) on 2 December 2021 was the HOTC or the nominated HOTC (as the case requires) of an operator; and
(b) immediately before 2 December 2021:
(i) was the operator’s Chief Pilot; and
(ii) did not hold an ATPL.
(3) A relevant HOTC is exempted from the requirements of:
(a) paragraph 119.145(1)(a) of CASR; and
(b) subregulation 119.145(2).
(4) The exemptions under subsection (3) are subject to the condition that the HOTC must meet the requirements set out in subclause 4.3 in Appendix 1 of CAO 82.0, as in force immediately before 2 December 2021, as if:
(a) subclause 4.3 continued to apply; and
(b) the HOTC was the Chief Pilot; and
(c) the operator was the AOC holder.
(5) This section ceases to have effect on the earliest of the following:
(a) the day the operator commences scheduled air transport operations in:
(i) a high capacity aircraft; or
(ii) an aircraft, other than a high capacity aircraft, that would have triggered a requirement for 2 pilots under subsection 8 of CAO 82.3, as in force immediately before 2 December 2021, as if it were in force;
(b) the day the relevant HOTC ceases to be the operator’s HOTC;
(c) the end of a date to be specified in writing by CASA.
Note Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified date.
11 HOTC requirements — directions
(1) This section applies to an operator mentioned in section 10.
(2) The operator must ensure that the HOTC complies with the requirements under subsection 10(4).
(3) If the operator intends that, when the exemptions under section 10 cease to have effect, the HOTC to whom they applied will continue to be the operator’s HOTC, then, before that ceasing to have effect, the operator must give CASA the operator’s exposition content in relation to the HOTC’s compliance with the requirements of:
(a) paragraph 119.145(1)(a) of CASR; and
(b) subregulation 119.145(2).
(4) If the operator intends to nominate a new person to be the HOTC for the period after the exemptions under section 10 cease to have effect, then before that ceasing to have effect the following must be approved in writing by CASA:
(a) the nomination of the person;
(b) the operator’s exposition content in relation to the person’s compliance with the requirements of paragraph 119.145(1)(a) of CASR and subregulation 119.145(2) (the relevant requirements).
(5) The operator must not commence scheduled air transport operations of the kind mentioned in paragraph 10(5)(a) until CASA, in writing, approves the operator’s exposition content in relation to the HOTC’s compliance with the relevant requirements.
Note Subsection 21(1) of this instrument saves the operation of an approval given by CASA under subsection 11(4) or (5) of CASA EX82/21 – Part 119 of CASR – Supplementary Exemptions and Directions Instrument 2021 that was current or in force immediately before the commencement of this instrument.
14 Training and checking for operational safety-critical personnel — exemption
(1) This section applies to an Australian air transport operator (the operator) to whom subregulation 119.170(5) of CASR applies.
(2) The operator is exempted from compliance with subregulation 119.170(4) of CASR, but only in relation to operational safety-critical personnel (a relevant person) who are not any of the following:
(a) flight crew members;
(b) cabin crew members;
(c) other crew members assigned duties on board an aircraft for the flying or safety of the aircraft.
(3) The exemption in subsection (2) is subject to the condition that the operator’s training and checking system must include a description of how the operator will satisfy itself:
(a) that each relevant person:
(i) is competent to carry out the assigned duties; and
(ii) in carrying out the duties — is not likely to have an adverse effect on aviation safety; and
(b) that immediate action will be taken in the interests of aviation safety if a relevant person:
(i) loses competence; or
(ii) is likely to have an adverse effect on aviation safety.
(4) This section ceases to have effect at the end of a date to be specified in writing by CASA.
Note Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates.
15 Training and checking for operational safety-critical personnel — direction
(1) This section applies to an Australian air transport operator (the operator).
(2) The operator must comply with subsection (3) not later than the earlier of:
(a) the day on and from which the operator ceases to take advantage of the exemption under section 14; and
(b) the end of a date to be specified in writing by CASA.
Note Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates.
(3) The operator must include in its exposition information, procedures and instructions on how its training and checking system will comply with subregulation 119.170(4) of CASR in relation to each of its operational safety‑critical personnel who is not a flight crew member, a cabin crew member, or another crew member who has duties on board an aircraft for the flying or safety of the aircraft.
16 Authorised persons acting in the absence of key personnel — exemption
(1) This section applies to an Australian air transport operator (the operator).
(2) The operator is exempted from compliance with subparagraph 119.205(1)(e)(iv) of CASR unless the operator chooses to name in the exposition a person who is authorised to carry out the responsibilities of a key person when the position holder is absent from the position, or cannot carry out the responsibilities of the position.
(1) This section applies to an Australian air transport operator (the operator) to whom, on and after 2 December 2021, regulation 119.195 of CASR otherwise applies.
Note For operators who have the benefit of exemption from regulation 119.195 under Part 11 of CASA EX73/24, section 18 would not apply until that exemption expires.
(2) The operator is exempted from paragraph 119.195(3)(d) of CASR.
(3) It is a condition of the exemption in subsection (2) that the operator must comply with the following provisions of CAO 82.5, as in force immediately before 2 December 2021, as if they applied to the operator as they relate to operational flight data for FDAP purposes:
(a) subparagraphs 2A.2(f), (g) and (h);
(b) subparagraphs 2A.3(d) and (e);
(c) subsection 2AA;
(d) Appendix 1A.
19 Safety information — direction
safety information means any safety data or information that satisfies all of the following:
(a) is in any form;
(b) is generated within, or captured, collected or held by and within, an operator’s approved SMS or FDAP;
(c) has been approved, whether directly or indirectly, by CASA as fulfilling the relevant SMS or FDAP obligations of the operator under the civil aviation legislation;
(d) may include personal information relating to individuals.
Note 1 Civil aviation legislation has the meaning given in section 3 of the Civil Aviation Act 1988. It includes, for example, CAR, CASR, relevant Manuals of Standards, and legislative instruments.
(2) Without affecting section 18, this section applies to an Australian air transport operator (the operator) for Australian air transport operations (the operations) if the operator:
(a) is required to have one or both of the following for the operations:
(i) an SMS under regulation 119.190 of CASR;
(ii) an FDAP under regulation 119.195; and
(b) is not taking the benefit of the exemption from that obligation provided by CASA EX73/24 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2024.
(3) The operator must comply with the following provisions of CAO 82.5, as in force immediately before 2 December 2021, as if they applied to the operator as they relate to any safety information arising from the operations:
(a) subparagraphs 2A.2(f), (g) and (h);
(b) subparagraphs 2A.3(d) and (e);
Note The deemed application of sub-subparagraph 2A.3(d)(i) does not prevent an operator from using safety information for the purposes of taking preventive, corrective or remedial action that is necessary to maintain or improve safety. An example of the use of safety information for these purposes is its use by an operator for internal training purposes.
(c) subsection 2AA;
(d) Appendix 1A.
20 Flight crew licences, medical certificates, etc. — exemptions and conditions
(1) In this section:
operator means an Australian air transport operator, whether operating a registered aircraft or a foreign registered aircraft.
(2) The operator is exempted from the requirements of:
(a) regulation 119.235 of CASR; and
(b) regulation 119.240 of CASR — but only to the extent of item 6 in the Table under subregulation 119.240(1).
(3) Each exemption under this section is subject to the conditions mentioned in subsections (4), (5) and (6).
(4) For each flight crew member (FCM) operating a registered aircraft, the operator must maintain an up-to-date record showing the currency of each of the following required under the civil aviation legislation for the FCM to operate the aircraft:
(a) the FCM’s medical certificate;
(b) the FCM’s flight crew licence;
(c) the FCM’s flight crew ratings;
(d) the FCM’s flight crew endorsements.
Note A reference to a flight crew licence includes a certificate of validation of an overseas flight crew licence. A reference to a medical certificate includes an overseas medical certificate of the holder of such a certificate of validation.
(5) For each FCM operating a foreign registered aircraft, the operator must maintain an up-to-date record showing the currency of each of the following, as applicable, that is required under the civil aviation legislation for the FCM to operate the aircraft:
(a) the FCM’s overseas medical certificate;
(b) the FCM’s overseas flight crew licence;
(c) the FCM’s overseas flight crew ratings;
(d) the FCM’s overseas endorsements;
(e) the FCM’s certificate of validation and related overseas medical certificate.
Note The expressions foreign registered aircraft and civil aviation legislation are each defined in section 3 of the Civil Aviation Act 1988. Various other expressions used in this section are defined in Part 1, and in item 36 in Part 2, of the CASR Dictionary.
21 Saving of certain approvals and applications under repealed instrument
(1) A relevant approval given by CASA under the repealed instrument, that was current or in force under a provision of the repealed instrument immediately before the commencement of this instrument, continues on and from that commencement as if it were a corresponding approval given by CASA under the corresponding provision of this instrument and subject to the same terms and conditions.
(2) An application for a relevant approval made before the date of commencement of this instrument under a provision of the repealed instrument that was still under consideration immediately before that commencement is to be dealt with as if it were made under the corresponding provision of this instrument.
(3) In this section:
relevant approval means any of the following approvals given by CASA:
(a) an approval for an operator to use an EFB, given under subsection 5(2) of the repealed instrument (the corresponding provision for which is subsection 5(2) of this instrument);
(b) an approval for an Australian air transport operator to operate a foreign‑registered aircraft in an Australian air transport operation for the first time, given under subsection 6(1) of the repealed instrument (the corresponding provision for which is subsection 6(1) of this instrument);
(c) an approval for an Australian air transport operator to change the operation of a foreign-registered aircraft in an Australian air transport operation for the first time, given under subsection 6(2) of the repealed instrument (the corresponding provision for which is subsection 6(2) of this instrument);
(d) an approval for an Australian air transport operator to conduct an NVIS operation for the first time in a Part 133 operation, given under subsection 6A(2) of the repealed instrument (the corresponding provision for which is subsection 6A(2) of this instrument);
(e) an approval of a significant change, given under subsection 7(3) of the repealed instrument (the corresponding provision for which is subsection 7(3) of this instrument);
(f) an approval of the nomination of a new person to be the HOFO of an operation and of the operator’s exposition content in relation to that person’s compliance with the relevant requirements, given under subsections 9(4) and (5) of the repealed instrument (the corresponding provisions for which are subsections 9(4) and (5) of this instrument);
(g) an approval of the nomination of a new person to be the HOTC of an operation and of the operator’s exposition content in relation to that person’s compliance with the relevant requirements, given under subsections 11(4) and (5) of the repealed instrument (the corresponding provisions for which are subsections 11(4) and (5) of this instrument).
repealed instrument means CASA EX82/21 – Part 119 of CASR – Supplementary Exemptions and Directions Instrument 2021.