Federal Register of Legislation - Australian Government

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CASA EX133/16 Exemptions as made
This instrument uses an exemption from certain provisions of Part 61 of the Civil Aviation Safety Regulations 1998 to extend the time within which certain flight examiner rating holders, who have the privilege of conducting flight tests and proficiency checks, must themselves complete an examiner proficiency check.
Administered by: Infrastructure, Regional Development and Cities
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 30 Aug 2016
Tabling HistoryDate
Tabled HR31-Aug-2016
Tabled Senate01-Sep-2016
To be repealed 30 Jun 2019
Repealed by Self Repealing

Instrument number CASA EX133/16

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

26 August 2016

Exemption — from examiner proficiency check for flight examiner rating holders

1          Duration

                 This instrument:

(a)   commences on the day of registration; and

(b)   is repealed at the end of 30 June 2019.

2          Definitions

        (1)     In this instrument:

ATO delegation holder means a person who, as an approved testing officer, was a delegate of CASA under an instrument of delegation on the basis of which an FER is granted to the person before or after the commencement of this exemption instrument.

CASR 1998 means the Civil Aviation Safety Regulations 1998.

EPC means an examiner proficiency check.

FER means a flight examiner rating, but only as granted by CASA, under subregulation 202.272 (2) of CASR 1998, to an ATO delegation holder.

FER holder, or holder, means a person who holds an FER.

        (2)     Subject to subsection (1), in this instrument words and phrases have the same meaning as in Part 61 of CASR 1998, unless the contrary intention appears.

        (3)     In this instrument, a numerical reference to a provision that includes the number 61 is a reference to the provision as contained in Part 61 of CASR 1998.

3          Application

        (1)     Subject to subsection (2), this instrument applies to each FER holder.

        (2)     This instrument does not apply to an FER holder if, on or after 1 September 2014, the holder completed a valid EPC to comply with the requirements of regulation 61.1285.

4          Exemptions

                 Each FER holder is exempted from subregulation 61.1285 (2), but only to the extent that a valid EPC is one the holder has to have during the period referred to in:

(a)   paragraph 61.1285 (2) (a); or

(b)   paragraph 61.1285 (2) (b); or

(c)   paragraph 61.1285 (2) (c); or

(d)   paragraph 61.1285 (2) (d).

5          Condition on exemptions

                 Each exemption of an FER holder mentioned in section 4 is subject to the condition that the holder must complete an EPC in accordance with Schedule 1.

Note   The date by which a deferred EPC must be completed by an FER holder is the same as the date by which the FER holder must complete a professional development program or an approved course of professional development under CASA EX134/16.

Schedule 1          Timetable for completion of EPC

          1     Subject to clause 2, for an FER holder whose birthday occurs during a month mentioned in a row of column 1 of the Table, the holder must complete an EPC by:

(a)   if the holder’s year of birth is an uneven number — not later than the date mentioned in the same row in column 2 of the Table; or

(b)   if the holder’s year of birth is an even number — not later than the date mentioned in the same row in column 3 of the Table.

          2     For an FER holder whose date of birth occurred on 29 February in a leap year, the holder must complete an EPC by not later than 31 March 2018.

Table

For a birthday that occurs in the month of:

an EPC must be completed by not later than:

for a year of birth that is an uneven number (for example 1969, 1971):

for a year of birth that is an even number (for example 1970, 1972):

January

31 January 2019

31 January 2018

February

28 February 2019

28 February 2018

March

31 March 2019

31 March 2018

April

30 April 2019

30 April 2018

May

31 May 2019

31 May 2018

June

30 June 2019

30 June 2018

July

31 July 2017

31 July 2018

August

31 August 2017

31 August 2018

September

30 September 2017

30 September 2018

October

31 October 2017

31 October 2018

November

30 November 2017

30 November 2018

December

31 December 2017

31 December 2018