Federal Register of Legislation - Australian Government

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CASA EX121/17 Exemptions as made
This instrument is an exemption from particular provisions of Part 61 of the Civil Aviation Safety Regulations 1998. Its purpose is to facilitate the transition of certain regulation 61.040 approval holders to be flight examiner rating, and/or flight examiner endorsement, holders.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 01 Sep 2017
Tabling HistoryDate
Tabled HR05-Sep-2017
Tabled Senate06-Sep-2017
Date of repeal 30 Jun 2020
Repealed by Self Repealing

Instrument number CASA EX121/17

I, shane patrick carmody, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed S. Carmody]

Shane Carmody
Director of Aviation Safety

30 August 2017

Exemption — of approval holders from certain flight examiner rating and endorsement requirements

1          Duration

                 This instrument:

(a)   commences on the day of registration; and

(b)   is repealed at the end of 30 June 2020.

2          Definitions

        (1)     In this instrument:

                 applicant means an approval holder who applies for:

(a)   an FER and an FEE; or

(b)   an FEE only.

                 approval means an approval, under regulation 61.040, to exercise particular privileges equivalent to those of a particular flight examiner:

(a)   that is in force on or after the commencement of this instrument; or

(b)   that expired before, on or after the commencement of this instrument — provided that the approval is not one that has been suspended, revoked or voluntarily surrendered to CASA.

Note   Nothing in this instrument preserves the flight examiner-equivalent privileges of an approval which has expired.

approval holder means a person who holds, or has held, an approval.

CASR 1998 means the Civil Aviation Safety Regulations 1998.

EPC means an examiner proficiency check conducted in accordance with paragraphs 61.1285 (4) (a), (b) and (c), and subregulation 61.1285 (5).

FEE means a flight examiner endorsement granted by CASA.

FER means a flight examiner rating granted by CASA.

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

Note   The PDP is an on-line, eLearning program for flight examiners, developed by CASA and conducted through on-line delivery and assessment by CASA.

        (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

                 This instrument applies to an applicant.

4          Exemptions and conditions

        (1)     An applicant is exempted from paragraphs 61.1290 (2) (a) and 61.1320 (2) (a), on condition that he or she has:

(a)   successfully completed the PDP; and

(b)   complied with the other requirements of this section.

        (2)     An applicant is exempted from paragraphs 61.1290 (2) (b) and 61.1320 (2) (b), on condition that he or she has:

(a)   completed a valid EPC; and

(b)   complied with the other requirements of this section.

        (3)     For subsection (2), the EPC must be one which is recorded for the approval holder within the CASA Flight Test Management system (formerly known as the Flight Test Notification System or FTNS).

Note   This is to record and confirm the validity of the EPC as one conducted for the applicant by CASA.

        (4)     A relevant applicant is exempted from paragraph 61.1290 (2) (c), on condition that he or she has complied with the other requirements of this section.

        (5)     To avoid doubt, an applicant who, in reliance on this instrument, applies for an FEE mentioned in column 1 of Table 61.1310 must hold the licences and endorsements mentioned in column 3 of the Table for the FEE.

Note   This is a requirement of subregulation 61.1320 (1) and it is not the subject of an exemption.