Federal Register of Legislation - Australian Government

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CASA EX159/18 Exemptions as made
This instrument reissues instrument CASA EX146/16, which was repealed at the end of 31 August 2018, and exempts a flight examiner who conducts a flight test for a commercial pilot licence from complying with subregulation 61.1295(2) of the Civil Aviation Safety Regulations 1998 (CASR) in stated circumstances. This instrument also includes an exemption from compliance with a similar obligation stated in paragraph 61.245(3)(b) of CASR in the same circumstances.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 29 Nov 2018
Tabling HistoryDate
Tabled HR03-Dec-2018
Tabled Senate04-Dec-2018
Date of repeal 25 Aug 2020
Repealed by CASA EX126/20 — Repeal of CASA Part 61 Exemptions Instrument 2020

Instrument number CASA EX159/18

I, CHRISTOPHER PAUL MONAHAN, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.

[Signed Christopher P. Monahan]

Christopher P. Monahan
Executive Manager, National Operations & Standards

27 November 2018

CASA EX159/18 — Authorised Flight Examiners Exemption 2018

1          Name

                 This instrument is CASA EX159/18 — Authorised Flight Examiners Exemption 2018.

2          Duration

                 This instrument:

(a)   commences on the day after it is registered; and

(b)   is repealed at the end of 31 October 2020.

3          Application

                 This instrument applies to a flight examiner (the relevant examiner) who:

(a)   conducts a flight test (the test) for a commercial pilot licence; and

(b)   provided the certification under paragraph 61.235 (2) (aa) of CASR for the person taking the test; and

(c)   before conducting the test, held CASA’s authorisation under section 5 to conduct the test.

4          Exemptions

        (1)     The relevant examiner is exempt from compliance with paragraph 61.245 (3) (b) of CASR in relation to the test.

        (2)     Also, the relevant examiner is exempt from compliance with subregulation 61.1295 (2) of CASR in relation to the test.

5          Authorisation

        (1)     The relevant examiner may apply, in writing, to CASA for an authorisation to conduct the test for the purposes of this instrument.

        (2)     The application must be accompanied by a written explanation about another flight examiner not being reasonably available to conduct the test.

        (3)     CASA may grant the authorisation only if it is satisfied another flight examiner is not reasonably available to conduct the test.

6          Eligibility to take flight test

                 To remove doubt, the fact that the relevant examiner provided the certification under paragraph 61.235 (2) (aa) of CASR for the person taking the test does not affect the eligibility, under subregulation 61.235 (2) of CASR, of the person to take the test.