Federal Register of Legislation - Australian Government

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CASA EX134/16 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, and approved testing officer delegation holders who have the privilege of conducting flight tests and proficiency checks, must complete a biennial professional development program or an approved course of professional development.
Administered by: Infrastructure, Transport, Cities and Regional Development
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
Date of repeal 30 Jun 2019
Repealed by Self Repealing

Instrument number CASA EX134/16

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 — professional development program and approved course of professional development for flight examiners

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(b)   is repealed at the end of 30 June 2019.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

ACPD, or approved course of professional development, means the approved course of professional development for flight examiners, conducted by an approval holder under paragraph 61.1270 (b).

approval holder mean the holder of an approval under regulation 61.040 to conduct an ACPD.

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

CASR 1998 means the Civil Aviation Safety Regulations 1998.

FER means a flight examiner rating granted by CASA, including a flight examiner rating granted, pursuant to subregulation 202.272 (2) of CASR 1998, to a former ATO delegation holder.

FER holder means a person who holds an FER.

PDP, or professional development program, means the professional development program for flight examiners, conducted by CASA under paragraph 61.1270 (a).

relevant holder or holder, means an FER holder or an ATO delegation holder.

        (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 relevant holder.

        (2)     This instrument does not apply to a relevant holder if, on or after 1 September 2014, the holder completed a PDP or an ACPD to comply with the requirements of regulation 61.1270 or subparagraph 61.1290 (2) (a) (i).

4          Exemptions

                 Each relevant holder is exempted from regulation 61.1270.

5          Condition on exemptions

                 Each exemption of a relevant holder mentioned in section 4 is subject to the condition that the holder must complete a PDP or an ACPD in accordance with Schedule 1.

Note   The date by which a deferred PDP or an ACPD must be completed by an FER holder is the same as the date by which certain FER holders must complete an examiner proficiency check. See CASA EX133/16.

Schedule 1          Timetable for completion of a PDP or an ACPD

          1     Subject to clause 2, for a relevant holder whose birthday occurs during a month mentioned in a row of column 1 of the Table, the holder must complete a PDP or an ACPD 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 a relevant holder whose date of birth occurred on 29 February in a leap year, the holder must complete a PDP or an ACPD by not later than 31 March 2018.

Table

For a birthday that occurs in the month of:

a PDP or an ACPD 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