Federal Register of Legislation - Australian Government

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CASA EX84/20 Exemptions as made
This instrument provides an alternative method to satisfy some of the requirements to be approved by the Civil Aviation Safety Authority as a Chief Pilot of an aircraft operator that conducts Part 137 aerial application operations, or such operations together with certain aerial work operations in aeroplanes.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 28 May 2020
Tabling HistoryDate
Tabled HR10-Jun-2020
Tabled Senate10-Jun-2020
To be repealed 31 May 2022
Repealed by Self Repealing

Instrument number CASA EX84/20

I, SHANE PATRICK CARMODY, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 11.160 and 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed S. Carmody]

Shane Carmody
Director of Aviation Safety

14 May 2020

CASA EX84/20 — Chief Pilot Requirements (Aerial Application and Certain Aerial Work Operators) Instrument 2020

1          Name

                 This instrument is CASA EX84/20 — Chief Pilot Requirements (Aerial Application and Certain Aerial Work Operators) Instrument 2020.

2          Duration

          This instrument:

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

(b)   is repealed at the end of 31 May 2022.

Note   For regulation 11.250 of CASR, the direction in section 6 ceases to be in force at the end of 31 May 2022.

3          Definitions

Note   In this instrument certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988, the regulations and the Civil Aviation Orders. These include: aerial work operations, AOC and Chief Pilot.

                 In this instrument:

aerial application operation has the meaning defined in regulation 137.010 of CASR.

CAO 82.0 means Civil Aviation Order 82.0, as in force from time to time.

4          Application

                 This instrument applies to a person (the operator) if:

(a)   the operator is the holder of, or an applicant for, an AOC; and

(b)   subject to paragraph (c), the only operations the AOC authorises, or is proposed to authorise, are:

             (i)  aerial application operations; or

            (ii)  aerial application operations and other aerial work operations in aeroplanes; and

(c)   the AOC does not authorise, or propose to authorise, operations for the purpose of ambulance functions or any other purpose that is substantially similar to ambulance functions; and

(d)   the operator has made an application to CASA for approval of the appointment of a person (the proposed person) as, or to act as, its Chief Pilot; and

(e)   the application is accompanied by evidence that the proposed person has, within the previous 24 months:

             (i)  successfully completed a course of training mentioned in Schedule 1; and

            (ii)  been assessed by the person conducting the course as suitable to carry out the responsibilities of a Chief Pilot.

5          Exemption

                 The operator is exempt from the requirements of:

(a)   paragraphs 1.3 (b) to (e) of Appendix 1 of CAO 82.0; and

(b)   subsection 5 of CAO 82.0, to the extent that it requires compliance with the provisions mentioned in paragraph (a).

Note   Subclause 1.3 of Appendix 1 of CAO 82.0 requires a person to meet specified requirements before the person can be approved for appointment as an operator’s Chief Pilot.

6          Direction

                 A person who conducts a course of training mentioned in Schedule 1 must allow CASA to conduct an audit of the course to:

(a)   ensure maintenance of the course standards; and

(b)   assess whether the course provides the level of training required to preserve an acceptable level of aviation safety.

Note   Subpart 11.G of CASR allows CASA to issue a direction to a person who conducts a course of training mentioned in Schedule 1 in relation to the content and conduct of the course if the direction is necessary in the interests of the safety of air navigation.

Schedule 1          Course of training

     1     The Chief Pilots Course conducted by Aerial Application Association of Australia (AAAA) at Brisbane from 5 to 7 November 2019.

     2     A course of training, conducted by AAAA after the commencement of this instrument, that is substantially the same as the course mentioned in clause 1 and includes:

(a)   activities based on skill; and

(b)   reading comprehensive material; and

(c)   following successful completion of the activities and reading mentioned in paragraphs (a) and (b), attendance at a workshop and training session which includes multiple assessed exercises over a period of at least 3 days.

     3     A course of training approved by CASA for this clause.