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CASA EX160/18 Exemptions as made
This instrument exempts certain applicants for an air transport pilot licence with an aeroplane category rating from the requirement, under Part 61 of the Civil Aviation Safety Regulations 1998, to have completed the instrument rating examination identified in the Part 61 Manual of Standards as “IREX”. The instrument applies to applicants who hold a commercial pilot licence in the aeroplane category, with an instrument rating, in accordance with the terms of the Trans-Tasman Mutual Recognition Act 1997.
Administered by: Infrastructure, Transport, Cities and Regional Development
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 03 Dec 2018
Tabling HistoryDate
Tabled HR04-Dec-2018
Tabled Senate05-Dec-2018
To be repealed 31 Oct 2021
Repealed by Self Repealing

Instrument number CASA EX160/18

I, SHANE PATRICK CARMODY, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.

[Signed S. Carmody]

Shane Carmody
Director of Aviation Safety

30 November 2018

1          Name

                 This instrument is CASA EX160/18 — Instrument Rating Aeronautical Knowledge Examination (IREX) (Certain Applicants for an Air Transport Pilot Licence) 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(b)   is repealed at the end of 31 October 2021.

3          Definitions

                 Note 1   In this instrument, certain terms and expressions have the same meaning as they have in the CASR Dictionary. These include: flight test and Part 61 Manual of Standards.

                 Note 2   In this instrument, aeronautical knowledge examination has the same meaning as defined in regulation 61.010 of CASR.

                 In this instrument:

air transport pilot licence has the same meaning as in Subpart 61.K of CASR.

ATPL(A) means air transport pilot licence with the aeroplane category rating.

commercial pilot licence has the same meaning as in Subpart 61.I of CASR.

exempted applicant means a person who:

(a)   is an applicant for the grant of an ATPL(A); and

(b)   has been granted a commercial pilot licence, with the aeroplane category rating and an instrument rating, in accordance with the Trans-Tasman Mutual Recognition Act 1997.

instrument rating has the same meaning as in Subpart 61.M of CASR.

IREX means the examination of aeronautical knowledge for an instrument rating described in Unit 2.1.1 of Section 2.1 of Appendix 2 to the Part 61 Manual of Standards.

4          Exemptions — exempted applicant

        (1)     An exempted applicant who is taking the flight test for the grant of an ATPL(A) is exempt from compliance with subparagraph 61.235 (2) (a) (ii) of CASR, to the extent that the subparagraph requires the exempted applicant to have passed the IREX in order to be eligible to take the flight test.

Note   The exemption makes an exempted applicant eligible to take the flight test for the ATPL(A) without having passed the IREX, despite regulations 61.235 and 61.240 of CASR.

        (2)     An exempted applicant is exempt from compliance with the following provisions of CASR, to the extent that the provisions require the exempted applicant to have passed the IREX in order to be eligible to be granted the ATPL(A):

(a)   subparagraph 61.160 (b) (i);

(b)   paragraphs 61.700 (3) (a) and (c).

Note   The exemption makes an exempted applicant eligible to be granted the ATPL(A) if the applicant has not passed the IREX, or was ineligible to take the ATPL(A) flight test due to not having passed the IREX.

5          Exemption — examiners

                 A flight examiner is exempt from compliance with subregulation 61.1300 (1) of CASR, in relation to the conduct of the flight test for an ATPL(A) taken by an exempted applicant, to the extent that subparagraph 61.1300 (1) (b) (ii) requires the flight examiner to be satisfied that the exempted applicant has passed the IREX.