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CASA EX86/16 Exemptions as made
This instrument exempts, under Part 61 of the Civil Aviation Safety Regulations 1998, of the prior completion, under Part 5 of the Civil Aviation Regulations 1988, of some or all of the aeronautical knowledge examinations required for the commercial pilot licence and the air transport pilot licence. This is conditional on all relevant aeronautical knowledge examinations for the grant of the relevant licence, whether under Part 5 alone, or under Part 5 and Part 61 together, having been completed within a 3 year period.
Administered by: Infrastructure, Regional Development and Cities
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 02 Jun 2016
Tabling HistoryDate
Tabled HR30-Aug-2016
Tabled Senate30-Aug-2016
Date of repeal 31 Aug 2018
Repealed by Self Repealing

Instrument number CASA EX86/16

I, MARK ALAN SKIDMORE, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.

[Signed M. Skidmore]

Mark Skidmore AM
Director of Aviation Safety

31 May 2016

Exemption — CASR Part 61 aeronautical knowledge examinations and completion period

1          Duration

                 This instrument:

(a)   commences on the day of registration; and

(b)   is repealed at the end of 31 August 2018.

2          Definitions

        (1)     In this instrument:

                 AKE means an aeronautical knowledge examination comprised of various common, and aircraft category specific, parts.

                 ATPL means an air transport pilot licence.

                 CAR 1988 means the Civil Aviation Regulations 1988.

                 CAR Part 5 means Part 5 of CAR 1988, as in force immediately before 1 September 2014.

                 CASR 1998 means the Civil Aviation Safety Regulations 1998.

                 category specific part means a part of an AKE that is aircraft category specific.

                 common part means a part of an AKE that is not an aircraft category specific part.

                 CPL means a commercial pilot licence.

                 Part 61 means Part 61 of CASR 1998.

        (2)     In this instrument, unless the contrary intention appears:

(a)   words and phrases have the same meaning as in CASR 1998; and

(b)   a reference to a provision commencing with the numerals “61” is a reference to the provision of the same number in Part 61 of CASR 1998.

3          Application

Licence with initial category rating, under CAR Part 5 only

        (1)     This instrument applies to a person who:

(a)   before 1 September 2014, passed the AKE for a CPL or an ATPL with an initial category rating, as set under CAR Part 5 (the CAR Part 5 AKE); and

(b)   after the commencement of this instrument, applies to CASA under regulation 61.155 for the grant of a CPL or an ATPL, with the initial category rating; and

(c)   for the grant of the licence with the initial category rating mentioned in paragraph (b) — relies on the CAR Part 5 AKE that was passed; and

(d)   passed each part of the CAR Part 5 AKE within 3 years of passing each other part of the CAR Part 5 AKE.

Licence with additional category rating, under CAR Part 5 only

        (2)     This instrument also applies to a person who:

(a)   before 1 September 2014:

             (i)  held a CPL or an ATPL with an initial category rating, under CAR Part 5; and

            (ii)  passed the category specific parts of the AKE for the CPL or the ATPL with an additional category rating, as set under CAR Part 5 (the CAR Part 5 AKE); and

(b)   after the commencement of this instrument, applies to CASA under regulation 61.155 for the grant of the CPL or the ATPL with the additional category rating; and

(c)   for the grant of the licence with the additional category rating mentioned in paragraph (b) — relies on the category specific parts of the CAR Part 5 AKE that were passed for the rating; and

(d)   passed each category specific part of the CAR Part 5 AKE for the additional rating within 3 years of passing each other category specific part of the CAR Part 5 AKE for the rating.

Licence with initial category rating, under mixed CAR Part 5 and CASR Part 61

        (3)     This instrument also applies to a person who:

(a)   before 1 September 2014, passed 1 or more parts of a CAR Part 5 AKE for a CPL or an ATPL, with an initial category rating; and

(b)   after the commencement of this instrument, applies to CASA under regulation 61.155 for the grant of a CPL or an ATPL with the initial category rating; and

(c)   for the grant of the licence with the initial category rating mentioned in paragraph (b) — relies on the part or parts of the CAR Part 5 AKE that were passed, in combination with having passed other parts of the AKE under Part 61; and

(d)   passed each part of the Part 61 AKE within 3 years of passing each part of the CAR Part 5 AKE.

Licence with additional category rating, under mixed CAR Part 5 and CASR Part 61

        (4)     This instrument also applies to a person who:

(a)   before 1 September 2014:

             (i)  held a CPL or an ATPL with an initial category rating, under CAR Part 5; and

            (ii)  passed 1 or more category specific parts for the CPL or the ATPL with an additional category rating, as set under the CAR Part 5 AKE; and

(b)   after the commencement of this instrument, applies to CASA under regulation 61.155 for the grant of a CPL or an ATPL with the additional category rating; and

(c)   for the grant of the additional category rating mentioned in paragraph (b) — relies on the category specific part or parts of the CAR Part 5 AKE that were passed for the rating, in combination with having passed other category specific parts of the AKE under Part 61; and

(d)   passed each category specific part of the AKE under Part 61 within 3 years of passing each category specific part of the CAR Part 5 AKE.

Flight examiner for flight tests for a pilot licence or aircraft category rating, where the applicant is a person to whom subsections 3 (1) to (4) apply

        (5)     This instrument also applies to a flight examiner who, after the commencement of this instrument, conducts a flight test for a pilot licence for a person mentioned in subsections (1) and (3).

        (6)     This instrument also applies to a flight examiner who, after the commencement of this instrument, conducts a flight test for an aircraft category rating on a pilot licence for a person mentioned in subsections (2) and (4).

4          Exemption from AKE

                 The person is exempted from the requirements of a provision of CASR 1998 mentioned in Schedule 1, but only to the extent mentioned for the provision.

Schedule 1 — Provisions of CASR 1998 for section 4

        1     Paragraph 61.220 (b) — but only to the extent that an applicant for an ATPL with a particular aircraft category rating (ACR), must pass the AKE for a CPL with that rating.

        2     Subregulation 61.225 (1) — but only to the extent that, for a person to pass an AKE for a flight crew licence (FCL), rating or endorsement, from which the person is exempted by an item of this Schedule, the person must meet the standards mentioned in the Part 61 Manual of Standards (MOS).

        3     Subregulation 61.225 (2) — but only to the extent that, for a person to pass an AKE for an FCL, rating or endorsement, from which the person is exempted by an item of this Schedule, the person must pass all parts of the examination within a period of 2 years.

        4     Subparagraph 61.235 (2) (a) (ii) — but only to the extent that an applicant for an FCL must pass the AKE for the FCL to be eligible to take the flight test for the FCL.

        5     Paragraph 61.275 (1) (f) — but only to the extent that for the holder of an overseas FCL to be taken to meet the requirements for the grant of an equivalent Australian FCL with an ACR, the holder must pass the overseas conversion AKE for the FCL and the ACR mentioned in the Part 61 MOS.

        6     Subparagraph 61.285 (f) (i) — but only to the extent that, for a member or former member of the Australian Defence Force to be taken to meet the requirements for the grant of an ATPL, the member or former member must pass the conversion AKE mentioned in the Part 61 MOS for an ATPL.

        7                 Paragraph 61.580 (2) (a) — but only to the extent that an applicant for a CPL must pass the AKE for the CPL and the associated ACR.

        8     Paragraph 61.700 (3) (a) — but only to the extent that an applicant for an ATPL must pass the AKE for the ATPL and the associated ACR.

        9     Subregulation 61.730 (2) — but only to the extent that to meet the requirements for the grant of an ACR on a pilot licence that is simultaneously being applied for, the applicant for the ACR must pass the AKE for the grant of the pilot licence with the ACR.

      10     Subregulation 61.730 (3) — but only to the extent that to meet the requirements for the grant of an ACR on an existing pilot licence, the applicant for the ACR must pass the AKE for the grant of the pilot licence with the ACR.

      11     Subparagraph 61.1300 (1) (b) (ii) — but only to the extent that a flight examiner commits an offence if, when the flight test for a pilot licence begins, the examiner is not satisfied that the applicant has passed the AKE for the licence.

      12     Subparagraph 61.1300 (4) (b) (i) — but only to the extent that a flight examiner commits an offence if, when the flight test for an aircraft category rating on a pilot licence begins, the examiner is not satisfied that the applicant has passed the AKE for the rating.