Federal Register of Legislation - Australian Government

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CASA EX77/17 Exemptions as made
This instrument exempts holders of certain authorisations, which permit the conduct of flight training, from the requirement to obtain CASA’s approval when the holders add to their fleet of training aircraft, aircraft that are, in effect, the same kind, or similar in kind, to the aircraft with which they are already conducting the training. The exemption does not apply where the additional or other aircraft are of a more specialised or sophisticated kind, or of a kind new to the operator.
Administered by: Infrastructure, Transport, Cities and Regional Development
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 06 Jul 2017
Tabling HistoryDate
Tabled HR08-Aug-2017
Tabled Senate08-Aug-2017
To be repealed 30 Jun 2020
Repealed by Self Repealing

Instrument number CASA EX77/17

I, GRAEME MILLS CRAWFORD, Aviation Group Manager, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.

[Signed G.M. Crawford]

Graeme M. Crawford
Aviation Group Manager

4 July 2017

Exemption – Parts 141 and 142 – CASA approval of kinds of aircraft

1          Duration

                 This instrument:

(a)   commences on the day of registration; and

(b)   is repealed at the end of 30 June 2020.

2          Definitions

                 In this instrument:

authorised Part 141 flight training, for an aircraft, has the same meaning as in subregulation 141.015 (2) of CASR.

CASR means the Civil Aviation Safety Regulations 1998 as in force from time to time.

Part 141 operator means the holder of a certificate granted under regulation 141.060 of CASR.

Part 142 activity, in an aircraft, has the same meaning as in subregulation 142.015 (1) of CASR.

Part 142 operator means the holder of an AOC that authorises the conduct of a Part 142 activity in an aircraft.

significant change, for a paragraph of subsection 5 (1), has the same meaning as in Part 141 of CASR.

significant change, for a paragraph of subsection 5 (2), has the same meaning as in Part 142 of CASR.

3          Application — operators

                 This instrument applies, according to its terms, to:

(a)   a Part 141 operator; and

(b)   a Part 142 operator.

4          Application — aircraft

                 This instrument has no application, operation or effect in relation to a significant change that is, or that would be, in relation to any of the following aircraft of an operator mentioned in paragraph 3 (a) or (b):

(a)   a type-rated aircraft prescribed in a legislative instrument made under paragraph 61.055 (1) (a) or 61.060 (1) (a) of CASR;

(b)   a variant model of a type-rated aircraft mentioned in paragraph (a) that requires differences training;

(c)   an aircraft covered by a class rating, being the first aircraft of that class to be used by the operator in authorised Part 141 flight training or a Part 142 activity;

(d)   a type of aircraft prescribed in an instrument under regulation 61.062 of CASR;

(e)   a pressurised aircraft, being the first pressurised aircraft to be used by the operator in authorised Part 141 flight training or a Part 142 activity;

(f)    a turbine-engined aircraft, being the first turbine-engined aircraft to be used by the operator in authorised Part 141 flight training or a Part 142 activity.

5          Exemptions

        (1)     A Part 141 operator is exempted from compliance with the requirements of the following provisions of CASR:

(a)   subparagraph 141.070 (a) (i), but only in relation to a condition for the operator to comply with an obligation:

             (i)  imposed by a provision of Part 141 of CASR; and

            (ii)  requiring the operator to have or obtain CASA’s approval of a significant change mentioned in subparagraph 141.025 (a) (ix);

Note   Under subparagraph 141.025 (a) (ix) of CASR, a significant change, for which CASA’s approval is required under subregulation 141.085 (1), is a change made to the kinds of aircraft used by the operator to conduct authorised Part 141 flight training. Under subparagraph 141.070 (a) (i), but for the exemption, the operator would otherwise be required to comply with requirements under Part 141 of CASR to obtain CASA’s approval for such a change.

(b)   subregulation 141.085 (1), but only in relation to a significant change mentioned in subparagraph 141.025 (a) (ix);

Note   Under subparagraph 141.025 (a) (ix) of CASR, a significant change, for which CASA’s approval is required under subregulation 141.085 (1), is a change made to the kinds of aircraft used by the operator to conduct authorised Part 141 flight training. Under subregulation 141.085 (1), but for the exemption, it would otherwise be an offence to make such a change without CASA’s approval.

(c)   subregulations 141.095 (1) and 141.265 (1), but only in relation to a requirement to obtain CASA’s approval of a significant change mentioned in subparagraph 141.025 (a) (ix).

Note   Under subparagraph 141.025 (a) (ix) of CASR, a significant change is a change made to the kinds of aircraft used by the operator to conduct authorised Part 141 flight training. Under subregulations 141.095 (1) and 141.265 (1), but for the exemption, it would otherwise be an offence for the operator to make such a change outside the process described in the operator’s operations manual for making significant changes, which may include a process requiring CASA’s approval of the change.

        (2)     A Part 142 operator is exempted from compliance with the requirements of the following provisions of CASR:

(a)   paragraph 142.100 (a), but only in relation to a condition for the operator to comply with an obligation:

             (i)  imposed by a provision of Part 142 of CASR; and

            (ii)  requiring the operator to have or obtain CASA’s approval of a significant change mentioned in subparagraph 142.030 (a) (xi);

Note   Under subparagraph 142.030 (a) (xi) of CASR, a significant change, for which CASA’s approval is required under subregulation 142.140 (1), is a change made to the kinds of aircraft used by the operator to conduct a Part 142 activity. Under paragraph 142.100 (1) (a), but for the exemption, the operator would otherwise be required to comply with requirements under Part 142 of CASR to obtain CASA’s approval for such a change.

(b)   subregulation 142.140 (1), but only in relation to a significant change mentioned in subparagraph 142.030 (a) (xi);

Note   Under subparagraph 142.030 (a) (xi) of CASR, a significant change, for which CASA’s approval is required under subregulation 142.140 (1), is a change made to the kinds of aircraft used by the operator to conduct a Part 142 activity. Under subregulation 142.140 (1), but for the exemption, it would otherwise be an offence to make such a change without CASA’s approval.

(c)   subregulations 142.150 (1) and 142.345 (1), but only in relation to a requirement to obtain CASA’s approval of a significant change mentioned in subparagraph 142.030 (a) (xi).

Note   Under subparagraph 142.030 (a) (xi) of CASR, a significant change is a change made to the kinds of aircraft used by the operator to conduct a Part 142 activity. Under subregulations 142.150 (1) and 141.265 (1), but for the exemption, it would otherwise be an offence for the operator to make such a change outside the process described in the operator’s exposition for making significant changes, which may include a process requiring CASA’s approval of the change.