CASA EX73/24

Instrument number CASA EX73/24

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.

[Signed S. Campbell]

Steven Campbell
Executive Manager, National Operations & Standards

29 November 2024

CASA EX73/24 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2024

Part 1 Preliminary and Definitions

1 Name

This instrument is CASA EX73/24 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2024.

2 Duration

This instrument:

(a) commences on 2 December 2024; and

(b) is repealed at the end of 1 December 2027.

3 Definitions

(1) In this instrument:

aerial work (air ambulance) operation has the same meaning as in regulation 202.405 of CASR.

aerial work operation has the meaning given by the CASR Dictionary.

aerial work operator has the meaning given by the CASR Dictionary.

Note An aerial work operator is the holder of an aerial work certificate.

Australian air transport operator has the meaning given by the CASR Dictionary.

CAO is short for Civil Aviation Order and has the same meaning as in subregulation 2(1) of CAR.

CAR means the Civil Aviation Regulations 1988.

CASA EX87/21 means CASA EX87/21 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2021.

CASR means the Civil Aviation Safety Regulations 1998.

charter operation has the same meaning as in paragraph 2(7)(b) of CAR, as in force immediately before 2 December 2021.

civil aviation legislation has the meaning given by section 3 of the Civil Aviation Act 1988.

commencement date means 2 December 2021.

early applicant, for a particular AOC or AOC variation, means a person:

(a) who at least 90 days before the commencement date — 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 the commencement date.

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.

HFP&NTS program exposition content means the content of a relevant Australian air transport operator’s exposition about HFP&NTS program matters, for the operator’s proposed compliance with the provisions mentioned in section 26.

human factors principles or HFP has the meaning given by the CASR Dictionary.

key personnel has the meaning given by the CASR Dictionary.

MOS is short for Manual of Standards.

non-technical skills or NTS has the meaning given by the CASR Dictionary.

operational safety-critical personnel has the meaning given by the CASR Dictionary.

Part 121 operation has the meaning given by the CASR Dictionary.

Part 133 operation has the meaning given by the CASR Dictionary.

Part 142 activity has the meaning given by subregulation 142.015(1) of CASR.

regular public transport operation has the same meaning as in paragraph 2(7)(c) of CAR, as in force immediately before 2 December 2021.

safety management system or SMS:

(a) for an Australian air transport operator — has the meaning given by the CASR Dictionary; and

(b) for an aerial work operator — has the same meaning as in regulation 138.145.

scheduled air transport operation has the meaning given by the CASR Dictionary.

SMS exposition content means the content of a relevant Australian air transport operator’s exposition about SMS, for the operator’s proposed compliance with the CASR provisions from which a relevant Part of this instrument has exempted the operator.

SMS manual content means the content of an aerial work operator’s safety management system manual for the operator’s proposed compliance with the CASR provisions from which a relevant Part of this instrument has exempted the operator, and includes any related content contained in the operator’s operations manual.

Subpart 121.Z operation means an operation mentioned in subregulation 121.005(2).

T&C is short for training and checking.

T&C exposition content means the content of an Australian air transport operator’s exposition about training and checking matters for the operator’s proposed compliance with the CASR provisions from which a relevant Part of this instrument has exempted the operator.

T&C manual content means the content of an aerial work operator’s training and checking manual for the operator’s proposed compliance with the CASR provisions from which a relevant Part of this instrument has exempted the operator, and includes any relevant content contained in the operator’s operations manual.

the Act means the Civil Aviation Act 1988.

(2) Subject to subsection (1), in this instrument, words and expressions have the same meaning as in CASR, the CASR Dictionary and the Act, as applicable.

(3) To avoid doubt, in this instrument, unless a contrary intention appears, mention of a provision with one of the following prefixes is a reference to that provision as contained in the Part of CASR that uses the same prefix in its title:

“11.”, “119.”, “121.”, “133.”, “135.”, “138.”.

(4) Unless the contrary intention is expressed, any document incorporated into this instrument is so incorporated as it is in force from time to time.

4 Application

This instrument applies to operators according to its terms.

Part 2 Safety management systems – Australian air transport operators – excluding certain Part 142 activities – exemptions

5 Application of Part 2

This Part applies to an Australian air transport operator (the relevant operator) who, immediately before 2 December 2021:

(a) held an AOC, or was an early applicant for an AOC or an AOC variation that:

(i) authorised charter operations, or aerial work (air ambulance) operations; and

(ii) did not authorise regular public transport operations; and

(iii) did not authorise Part 142 activities in an aircraft; and

(b) was not the subject of a direction under regulation 11.245 to have an SMS.

6 Exemptions

A relevant operator is exempted from compliance with the following provisions:

(a) regulation 119.035;

(b) subparagraphs 119.130(1)(b)(iii) and (v);

(d) regulation 119.155;

(e) regulation 119.160;

(f) regulation 119.190;

(g) paragraph 119.205(1)(e), but only in relation to the safety manager.

Note For exemption in relation to FDAP requirements under regulation 119.195, refer to Part 11 of this instrument.

7 Conditions of the exemptions — safety

(1) It is a condition of the exemptions in section 6 that the relevant operator must not commence scheduled air transport operations until the relevant operator has complied with the directions in section 8.

(2) It is a condition of the exemptions in section 6 that the relevant operator must ensure that:

(a) operational safety-critical personnel (the personnel) actively seek to identify any safety risks arising from the operator’s operations; and

(b) the personnel bring identified safety risks to the attention of the operator’s key personnel as soon as practicable; and

(i) review the identified safety risks; and

(ii) if ongoing aviation safety requires the risks to be addressed — implement corrective safety controls as soon as practicable through changes to the operator’s exposition; and

(d) the operator’s key personnel oversee the recording, and retention for the relevant period identified in the operator’s exposition, of:

(i) the identified safety risks; and

(ii) the corrective safety controls implemented to address those risks; and

(e) procedures are set out in the operator’s exposition designed to achieve the outcomes mentioned in paragraphs (a) to (d).

8 Directions to take preparatory steps

(1) A relevant operator who has taken the benefit of any exemption under section 6 must:

(a) not later than the end of a date specified in writing by CASA — give CASA the proposed SMS exposition content, along with any supporting documents that are specified in writing by CASA; and

Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed SMS exposition content.

Note 2 Any date specified in writing under paragraph 8(1)(a) of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).

(b) subject to subsection (3), not commence using its proposed SMS exposition content until the day it receives CASA’s written advice that it may do so.

Note 1 Receiving the written advice would permit a relevant operator to use the proposed SMS exposition content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 9.

Note 2 Any advice given under paragraph 8(1)(b) of CASA EX87/21 continues in force as if given under this instrument — see subsection 55(1).

(2) For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).

(3) Paragraph (1)(b) does not apply to an operator’s use of its proposed SMS exposition content for purposes other than compliance with civil aviation legislation.

Note For example, paragraph (1)(b) does not prevent an operator using its proposed SMS exposition content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an SMS.

9 Expiry of the exemptions

The exemptions under section 6 expire for a relevant operator at the end of a date specified in writing by CASA.

Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of the specified date.

Note 2 Any date specified in writing under section 9 of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).

Part 4 Safety management systems – aerial work operations – excluding certain Part 142 activities – exemptions

15 Definition and application of Part 4

(1) In this Part:

relevant aerial work operation means an aerial work operation for which the aerial work operator:

(a) is required to have an SMS under subregulation 138.140(1); and

(b) is not relieved of that requirement by subregulation 138.140(2).

(2) This Part applies to an aerial work operator (the relevant operator) who, immediately before 2 December 2021:

(a) held an AOC, or was an early applicant for an AOC or an AOC variation, that:

(i) authorised an aerial work operation (other than an aerial work (air ambulance) operation); and

(ii) did not authorise regular public transport operations; and

(iii) did not authorise Part 142 activities in an aircraft; and

(b) was not the subject of a direction under regulation 11.245 to have an SMS.

16 Exemptions

A relevant operator is exempted from compliance with the following provisions:

(a) paragraphs 138.085(1)(c) and (d);

(b) regulation 138.110;

(d) regulation 138.140;

(e) regulation 138.145;

(f) paragraph 138.155(1)(e), but only to the extent that it applies to the safety manager.

17 Conditions of the exemptions — safety

(1) It is a condition of the exemptions in section 16 that the relevant operator must not commence a relevant aerial work operation of a kind that the operator was not authorised to conduct immediately before 2 December 2021 until the relevant operator has complied with the directions in section 18.

(2) It is a condition of the exemptions in section 16 that the relevant operator must ensure that:

(a) operational safety-critical personnel (the personnel) actively seek to identify safety risks arising from the operator’s operations; and

(b) the personnel bring identified safety risks to the attention of the operator’s key personnel as soon as practicable; and

(i) review the identified safety risks; and

(ii) if ongoing aviation safety requires the risks to be addressed — implement corrective safety controls as soon as practicable through changes to the operator’s operations manual; and

(d) the operator’s key personnel oversee the recording, and retention for the relevant period identified in the operator’s operations manual, of:

(i) the identified safety risks; and

(ii) the corrective safety controls implemented to address those risks; and

(e) procedures are set out in the operations manual designed to achieve the outcomes mentioned in paragraphs (a) to (d).

18 Directions to take preparatory steps

(1) A relevant operator who has taken the benefit of any exemption under section 16 must:

(a) not later than the end of a date specified in writing by CASA — give CASA the proposed SMS manual content, along with any supporting documents that are specified in writing by CASA; and

Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed SMS manual content.

Note 2 Any date specified in writing under paragraph 18(1)(a) of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).

(b) subject to subsection (3), not commence using its proposed SMS manual content until the day it receives CASA’s written advice that it may do so.

Note 1 Receiving the written advice would permit a relevant operator to use the proposed SMS manual content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 19.

Note 2 Any advice given under paragraph 18(1)(b) of CASA EX87/21 continues in force as if given under this instrument — see subsection 55(1).

(2) For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).

(3) Paragraph (1)(b) does not apply to an operator’s use of its proposed SMS manual content for purposes other than compliance with civil aviation legislation.

Note For example, paragraph (1)(b) does not prevent an operator using its proposed SMS manual content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an SMS.

19 Expiry of the exemptions

The exemptions under section 16 expire for a relevant operator at the end of a date specified in writing by CASA.

Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of the specified date.

Note 2 Any date specified in writing under section 19 of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).

Part 6 Human factors principles and non-technical skills – Australian air transport operators – exemptions

25 Application of Part 6

This Part applies to an Australian air transport operator (the relevant operator) who, immediately before 2 December 2021:

(a) held an AOC, or was an early applicant for an AOC or an AOC variation, that:

(i) authorised charter operations, or aerial work (air ambulance) operations; and

(ii) did not authorise regular public transport operations; and

(b) was not the subject of a direction under regulation 11.245 to have an HFP&NTS program for the operator’s charter operations or aerial work (air ambulance) operations.

26 Exemptions

A relevant operator is exempted from compliance with the following provisions:

(a) paragraph 119.130(1)(e), but only to the extent that it applies to training and checking of operational safety-critical personnel (other than flight crew) in an HFP&NTS program;

(b) regulation 119.175;

(d) regulation 119.185.

27 Conditions of the exemptions — safety

It is a condition of the exemptions in section 26 that the relevant operator must not commence scheduled air transport operations until the relevant operator has complied with the directions in section 28.

28 Directions to take preparatory steps

(1) A relevant operator who has taken the benefit of any exemption under section 26 must:

(a) not later than the end of a date specified in writing by CASA — give CASA the proposed HFP&NTS program exposition content, along with any supporting documents that are specified in writing by CASA; and

Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed HFP&NTS program exposition content.

Note 2 Any date specified in writing under paragraph 28(1)(a) of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).

(b) subject to subsection (3), not commence using its proposed HFP&NTS program exposition content until the day it receives CASA’s written advice that it may do so.

Note 1 Receiving the written advice would permit a relevant operator to use the proposed HFP&NTS program exposition content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 29.

Note 2 Any advice given under paragraph 28(1)(b) of CASA EX87/21 continues in force as if given under this instrument — see subsection 55(1).

(2) For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).

(3) Paragraph (1)(b) does not apply to an operator’s use of its proposed HFP&NTS program exposition content for purposes other than compliance with civil aviation legislation.

Note For example, paragraph (1)(b) does not prevent an operator using its proposed HFP&NTS program exposition content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an HFP&NTS program.

29 Expiry of the exemptions

The exemptions under section 26 expire for a relevant operator at the end of a date specified in writing by CASA.

Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of the specified date.

Note 2 Any date specified in writing under section 29 of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).

Part 8 Training and checking systems – Australian air transport operators – Part 133 operations – rotorcraft – exemptions

35 Application of Part 8

This Part applies to an Australian air transport operator for the conduct of a Part 133 operation (the relevant 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 charter operations, or aerial work (air ambulance) operations; and

(b) was not subject to a requirement under subregulation 217(1) of CAR, as in force immediately before 2 December 2021, to provide a training and checking organisation for the operations or for rotorcraft used in the operations.

36 Exemptions

A relevant operator is exempted from compliance with the following provisions:

(a) regulation 119.036;

(b) regulation 119.145;

(d) regulation 119.170;

(e) paragraph 119.205(1)(e), but only to the extent that it applies to the head of training and checking;

(f) paragraph 133.370(2)(g);

(g) regulation 133.375;

(h) paragraph 133.385(1)(c);

(i) regulation 133.395;

(j) paragraph 133.425(3)(b);

(k) regulation 133.455;

(l) regulation 133.465;

(m) regulation 133.470.

Note 1 For paragraph (f), exemption from paragraph 133.370(2)(g) has the implied consequential effect of exempting from subregulation 133.370(4) and Chapter 12 of the Part 133 MOS.

Note 2 For paragraph (j), exemption from paragraph 133.425(3)(b) has the implied consequential effect of exempting from subregulation 133.425(4) and section 13.02 of the Part 133 MOS.

37 Conditions of the exemptions — safety

(1) It is a condition of the exemptions in section 36 that the relevant operator must not commence the following:

(a) scheduled air transport operations (relevant operations);

(b) use of a rotorcraft for any air transport operation (the relevant rotorcraft);

if:

(c) such commencement would have required a training and checking organisation under subregulation 217(1) of CAR, as in force immediately before 2 December 2021;

(d) the relevant operator has not complied with the directions in section 38 for the relevant operations or the relevant rotorcraft.

(2) It is a condition of the exemptions in section 36 that the relevant operator must ensure that:

(a) the operator’s head of flying operations takes responsibility for the matters mentioned in regulations 119.140 and 119.150; and

(b) each crew member of a rotorcraft for a flight that is a Part 133 operation:

(i) has met the requirements of section 12 and Appendix IV of CAO 20.11, as in force immediately before 2 December 2021; and

(ii) has been assessed as competent, in accordance with the operator’s exposition, to perform the duties assigned to the person for the flight; and

(c) for a flight that is a Part 133 operation for an operator who did not conduct multi-crew operations before 2 December 2021, prior training for the pilot in command of the rotorcraft must include the following:

(i) training in the responsibilities of the pilot in command;

(ii) training in relation to pilot incapacitation; and

(d) a training record is maintained for each crew member that records at least the following:

(i) each ground training course completed or attempted, including the results for each phase or subject, and the final assessment of the standard achieved;

(ii) each flying training course completed or attempted, including the results of each phase of training, the number of times each exercise was undertaken and the results of each test or check;

(iii) each flight or simulator proficiency check completed or attempted, including the results of each phase of training, the number of times each exercise was undertaken and the results of each check;

(iv) each period of training, other than training referred to in subparagraph (i), (ii) or (iii), undertaken in an aircraft or simulator, including the exercises completed or attempted, and an assessment of the standard achieved; and

(e) the training record is retained for the relevant period identified in the operator’s exposition; and

(f) procedures are set out in the operator’s exposition designed to achieve the outcomes mentioned in paragraphs (a) to (e).

(3) For paragraph (2)(b), for a provision of a CAO mentioned in subparagraph (2)(b)(i), any reference to:

(a) a charter operation — must be taken to be a mention of the relevant operator’s Part 133 operations to which this Part applies; and

(b) a chief pilot — must be taken to be a mention of the relevant operator’s head of flying operations.

38 Directions to take preparatory steps

(1) A relevant operator who has taken the benefit of any exemption under section 36 must:

(a) not later than the end of a date specified in writing by CASA — give CASA the proposed T&C exposition content, along with any supporting documents that are specified in writing by CASA; and

Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed T&C exposition content.

Note 2 If the proposed T&C exposition content includes the use of an individual to conduct a specified training or check mentioned in section 20B of CASA EX84/21, their supporting documents may need to include their application for the approval mentioned in that section.

Note 3 Any date specified in writing under paragraph 38(1)(a) of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).

(b) subject to subsection (3), not commence using its proposed T&C exposition content until the day it receives CASA’s written advice that it may do so.

Note 1 Receiving the written advice would permit a relevant operator to use the proposed T&C exposition content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 39.

Note 2 If the proposed T&C exposition content includes the use of an individual to conduct a specified training or check mentioned in section 20B of CASA EX84/21, the receipt of advice from CASA under paragraph (b) is not the approval mentioned in section 20B of CASA EX84/21.

Note 3 Any advice given under paragraph 38(1)(b) of CASA EX87/21 continues in force as if given under this instrument — see subsection 55(1).

(2) For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).

(3) Paragraph (1)(b) does not apply to an operator’s use of its proposed T&C exposition content for purposes other than compliance with civil aviation legislation.

Note For example, paragraph (1) (b) does not prevent an operator using its proposed T&C exposition content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an enhanced system of conducting training and checking activities (as compared to section 37 safety conditions).

39 Expiry of the exemptions

The exemptions under section 36 expire for a relevant operator at the end of a date specified in writing by CASA.

Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of the specified date.

Note 2 Any date specified in writing under section 39 of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).

Part 9 Training and checking systems – Australian air transport operators – Part 135 operations and Subpart 121.Z operations – aeroplanes – exemptions

40 Application of Part 9

This Part applies to an Australian air transport operator for the conduct of a Part 135 operation or a Subpart 121.Z operation (the relevant 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 charter operations, or aerial work (air ambulance) operations; and

41 Exemptions

A relevant operator is exempted from compliance with the following provisions:

(a) regulation 119.036;

(b) regulation 119.145;

(d) regulation 119.170;

(e) paragraph 119.205(1)(e), but only to the extent that it applies to the head of training and checking;

(f) paragraph 135.380(2)(f);

(g) regulation 135.385;

(h) paragraph 135.395(1)(c);

(i) regulation 135.405;

(j) regulation 135.430;

(k) regulation 135.445;

(l) regulation 135.455;

(m) regulation 135.460.

Note For paragraph (f), exemption from paragraph 135.380(2)(f) has the implied consequential effect of exempting from subregulation 135.380(4) and Chapter 12 of the Part 135 MOS.

42 Conditions of the exemptions — safety

(1) It is a condition of the exemptions in section 41 that the relevant operator must not commence the following:

(a) scheduled air transport operations (relevant operations);

(b) use of an aeroplane for any air transport operation (the relevant aeroplane);

if:

(c) such commencement would have required a training and checking organisation under subregulation 217(1) of CAR, as in force immediately before 2 December 2021;

(d) the relevant operator has not complied with the directions in section 43 for the relevant operations or the relevant aircraft.

(2) It is a condition of the exemptions in section 41 that the relevant operator must ensure that:

(a) the operator’s head of flying operations takes responsibility for the matters mentioned in regulations 119.140 and 119.150; and

(b) each crew member of an aeroplane for a flight that is a Part 135 operation or a Subpart 121.Z operation (as applicable):

(i) has met the requirements of section 12 and Appendix IV of CAO 20.11, as in force immediately before 2 December 2021; and

(ii) has been assessed as competent, in accordance with the operator’s exposition, to perform the duties assigned to the person for the flight; and

(c) for a flight that is a Part 135 operation or a Subpart 121.Z operation (as applicable) for an operator who did not conduct multi-crew operations before 2 December 2021, prior training for the pilot in command of the aeroplane must include the following:

(i) training in the responsibilities of the pilot in command;

(ii) training in relation to pilot incapacitation; and

(d) a training record is maintained for each crew member that records at least the following:

(i) each ground training course completed or attempted, including the results for each phase or subject, and the final assessment of the standard achieved;

(ii) each flying training course completed or attempted, including the results of each phase of training, the number of times each exercise was undertaken and the results of each test or check;

(e) the training record is retained for the relevant period identified in the operator’s exposition; and

(f) procedures are set out in the exposition designed to achieve the outcomes mentioned in paragraphs (a) to (e).

(3) For paragraph (2)(b), for a provision of a CAO mentioned in subparagraph (2)(b)(i), any reference to:

(a) a charter operation — must be taken to be a mention of the relevant operator’s Part 135 operations or Subpart 121.Z operations (as applicable) to which this Part applies; and

(b) a chief pilot — must be taken to be a mention of the relevant operator’s head of flying operations.

43 Directions to take preparatory steps

(1) A relevant operator who has taken the benefit of any exemption under section 41 must:

(a) not later than the end of a date specified in writing by CASA — give CASA the proposed T&C exposition content, along with any supporting documents that are specified in writing by CASA; and

Note 2 If the proposed T&C exposition content includes the use of an individual to conduct a specified training or check mentioned in section 20A of CASA EX85/21, their supporting documents may need to include their application for the approval mentioned in that section.

Note 3 Any date specified in writing under paragraph 43(1)(a) of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).

(b) subject to subsection (3), not commence using its proposed T&C exposition content until the day it receives CASA’s written advice that it may do so.

Note 1 Receiving the written advice would permit a relevant operator to use the proposed T&C exposition manual content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 44.

Note 2 If the proposed T&C exposition content includes the use of an individual to conduct a specified training or check mentioned in section 20A of CASA EX85/21, the receipt of advice from CASA under paragraph (b) is not the approval mentioned in section 20A of CASA EX85/21.

Note 3 Any advice given under paragraph 43(1)(b) of CASA EX87/21 continues in force as if given under this instrument — see subsection 55(1).

(2) For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).

(3) Paragraph (1)(b) does not apply to an operator’s use of its proposed T&C exposition content for purposes other than compliance with civil aviation legislation.

Note For example, paragraph (1)(b) does not prevent an operator using its proposed T&C exposition content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an enhanced system of conducting training and checking activities (as compared to section 42 safety conditions).

44 Expiry of the exemptions

The exemptions under section 41 expire for a relevant operator at the end of a date specified in writing by CASA.

Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of the specified date.

Note 2 Any date specified in writing under section 44 of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).

Part 10 Training and checking systems – aerial work operators – exemptions

45 Definition and application of Part 10

(1) In this Part:

relevant aerial work operation means an aerial work operation by an aerial work operator, that:

(a) is required to have a training and checking system under subregulation 138.125(1); and

(b) is not relieved of that requirement by subregulation 138.125(2).

(2) This Part applies to an aerial work operator (the relevant operator) in a relevant aerial work operation who, immediately before 2 December 2021:

(a) held an AOC, or was an early applicant for an AOC or an AOC variation, that authorised aerial work operations (other than aerial work (air ambulance) operations); and

46 Exemptions

(1) A relevant operator is exempted from compliance with the following provisions:

(a) regulation 138.100;

(b) regulation 138.105;

(d) regulation 138.130;

(e) subject to subsection (2), paragraph 138.475(2)(f),

(f) subject to subsection (2), paragraph 138.540(2)(b).

Note 1 For paragraph (e), exemption from paragraph 138.475(2)(f) has the implied consequential effect of exempting from subregulation 138.475(3) and Division 1 of Chapter 23 of the Part 138 MOS.

Note 2 For paragraph (f), exemption from paragraph 138.540(2)(b) has the implied consequential effect of exempting from subregulation 138.540(3) and section 24.02 of the Part 138 MOS.

(2) The exemptions under paragraphs (1)(e) and (f) do not extend to exempt from compliance with paragraph 23.03(2)(e) of the Part 138 MOS (the MOS).

Direction

(3) A relevant operator must ensure that any training required under paragraph 23.03(2)(e) of the MOS is conducted as if section 23.10 of the MOS applied to the operator for the training.

47 Conditions of the exemptions — safety

(1) It is a condition of the exemptions in section 46 that the relevant operator must not do any of the following:

(a) commence relevant aerial work operations of a kind that the operator was not authorised to conduct immediately before 2 December 2021;

(b) commence relevant aerial work operations, or the use of an aircraft for the relevant aerial work operations (relevant aircraft), that would have required a training and checking organisation under subregulation 217(1) of CAR, as in force immediately before 2 December 2021;

until the relevant operator has complied with the directions in section 48.

Note See also section 8 of CASA EX86/21 – Part 138 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021. This contains additional exemptions to the effect that the operator’s training and checking manual content need only relate to a particular aircraft or a particular operation and not operations or aircraft more generally.

(2) It is a condition of the exemptions in section 46 that the relevant operator must ensure that:

(a) the operator’s head of operations ensures that training and checking of the operator’s operational safety critical personnel, conducted by or for the operator, is conducted in accordance with the operator’s operations manual; and

(b) the requirements under subsection 6 of CAO 82.1, as in force immediately before 2 December 2021, are complied with, including as if a reference to the chief pilot were a reference to the operator’s head of operations; and

(i) each ground training course completed or attempted, including the results for each phase or subject, and the final assessment of the standard achieved;

(ii) each flying training course completed or attempted, including the results of each phase of training, the number of times each exercise was undertaken and the results of each test or check;

(d) the training record is retained for the relevant period identified in the operator’s operations manual; and

(e) procedures are set out in the operations manual designed to achieve the outcomes mentioned in paragraphs (a) to (d).

(3) For paragraph (2)(b), in a provision of subsection 6 of CAO 82.1, any reference to a chief pilot must be taken to be a mention of the relevant operator’s head of operations.

48 Directions to take preparatory steps

(1) A relevant operator who has taken the benefit of any exemption under section 46 must:

(a) not later than the end of a date specified in writing by CASA — give CASA the proposed T&C manual content, along with any supporting documents that are specified in writing by CASA; and

Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed T&C manual content.

Note 2 If the proposed T&C manual content includes the use of an individual to conduct a specified training or check mentioned in section 17 of CASA EX86/21, the supporting documents may need to include their application for the approval mentioned in that section.

Note 3 Any date specified in writing under paragraph 48(1)(a) of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).

(b) subject to subsection (3), not commence using its proposed T&C manual content until the day it receives CASA’s written advice that it may do so.

Note 1 Receiving the written advice would permit a relevant operator to use the proposed T&C manual content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 49.

Note 2 If the proposed T&C manual content includes the use of an individual to conduct a specified training or check mentioned in section 17 of CASA EX86/21, the receipt of advice from CASA under paragraph (b) is not the approval mentioned in section 17 of CASA EX86/21.

Note 3 Any advice given under paragraph 48(1)(b) of CASA EX87/21 continues in force as if given under this instrument — see subsection 55(1).

(2) For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).

(3) Paragraph (1)(b) does not apply to an operator’s use of its proposed T&C manual content for purposes other than compliance with civil aviation legislation.

Note For example, paragraph (1)(b) does not prevent an operator using its proposed T&C manual content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an enhanced system of conducting training and checking activities (as compared to section 47 safety conditions).

49 Expiry of the exemptions

The exemptions under section 46 expire for a relevant operator at the end of a date specified in writing by CASA.

Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of the specified date.

Note 2 Any date specified in writing under section 49 of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).

Part 11 Flight data analysis programs – Australian air transport operators – exemption

50 Application of Part 11

This Part applies to an Australian air transport operator (the relevant 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 regular public transport operations, charter operations, or aerial work (air ambulance) operations; and

(b) was not subject to a requirement under subsection 2A of CAO 82.3, or subsection 2A of CAO 82.5, as in force at that time, to have an FDAP for operation of an aircraft in the operations; and

(c) was not the subject of a direction under regulation 11.245 to have an FDAP for operation of an aircraft in the operations.

51 Exemption

A relevant operator is exempted from compliance with regulation 119.195.

Note See also sections 18 and 19 of CASA EX82/21 – Part 119 of CASR – Supplementary Exemptions and Directions Instrument 2021. This contains additional exemptions and directions in relation to FDAP requirements under regulation 119.195.

52 Conditions of the exemption — safety

It is a condition of the exemption in section 51 that the operator must not commence a scheduled air transport operation in an aircraft that required, or would have required, an FDAP under CAO 82.3 or 82.5, as in force immediately before 2 December 2021, until the relevant operator has complied with the directions in section 53.

53 Directions to take preparatory steps

(1) A relevant operator who has taken the benefit of any exemption under section 51 must:

(a) not later than the end of a date specified in writing by CASA — give CASA the proposed exposition content that meets the requirements of regulation 119.195 (proposed exposition content) along with any supporting documents that are specified in writing by CASA; and

Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed exposition content.

Note 2 Any date specified in writing under paragraph 53(1)(a) of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).

(b) subject to subsection (3), not commence using its proposed exposition content until the day it receives CASA’s written advice that it may do so.

Note 1 Receiving the written advice would permit a relevant operator to use the proposed exposition content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 54.

Note 2 Any advice given under paragraph 53(1)(b) of CASA EX87/21 continues in force as if given under this instrument — see subsection 55(1).

(2) For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).

(3) Paragraph (1)(b) does not apply to an operator’s use of its proposed T&C exposition content for purposes other than compliance with civil aviation legislation.

Note For example, paragraph (1) (b) does not prevent an operator using its proposed exposition content for the purpose of meeting a customer’s contractual requirement for the operator to have and use a FDAP.

54 Expiry of the exemptions

The exemptions under section 51 expire for a relevant operator at the end of a date specified in writing by CASA.

Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates.

Note 2 Any date specified in writing under section 54 of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).

Part 12 Transitional provisions

55 Transitional provisions

(1) Any approval or advice given by CASA under CASA EX87/21, that was in force immediately before the commencement of this instrument, continues on and from that commencement as if it were an equivalent approval or advice given by CASA under this instrument and subject to the same terms and conditions.

(2) Any date specified in writing by CASA for the purposes of CASA EX87/21 continues on and from the commencement of this instrument as if it were a date specified in writing by CASA for the purposes of this instrument and subject to the same terms and conditions.