Federal Register of Legislation - Australian Government

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CASA EX39/21 Exemptions as made
This instrument allows persons to use the 24-month period adopted by the International Civil Aviation Organization and the International Air Transport Association for determining when employees have to undertake recurrent training in the safe transport of dangerous goods and the period for which such training remains current when undertaken by an employee.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 07 Apr 2021
To be repealed 31 Mar 2024
Repealed by Self Repealing

Instrument number CASA EX39/21

I, Graeme Mills crawford, Acting Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed G.M. Crawford]

Graeme M. Crawford
Acting Director of Aviation Safety

1 April 2021

CASA EX39/21 — Dangerous Goods (2-yearly Training Requirement) Exemption 2021

1          Name

                 This instrument is CASA EX39/21 — Dangerous Goods (2-yearly Training Requirement) Exemption 2021.

2          Duration

                 This instrument:

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

(b)   is repealed at the end of 31 March 2024.

3          Definitions

Note 1   In this instrument, certain terms and expressions have the same meaning as they have in CASR.

Note 2   In this instrument, any reference to a regulation, subregulation or paragraph beginning with the prefix 92. is a reference to a provision in Part 92 of CASR.

            In this instrument:

Australian aircraft operator has the meaning given by subregulation 92.010 (1).

Australian freight forwarder means a freight forwarder carrying on business in Australia on behalf of an Australian aircraft operator.

Australian ground handling agent means a ground handling agent carrying on business in Australia on behalf of an Australian aircraft operator.

freight forwarder has the meaning given by subregulation 92.010 (1).

ground handling agent has the meaning given by subregulation 92.010 (1).

screening authority has the meaning given by subregulation 1.03 of the Aviation Transport Security Regulations 2005.

shipper of dangerous goods has the meaning given by subregulation 92.010 (1).

Technical Instructions has the meaning given by subregulation 92.010 (1).

training every 2 years has the extended meaning given by regulation 92.090.

4          Application

                 This instrument applies to:

(a)   an Australian aircraft operator; and

(b)   an Australian ground handling agent; and

(c)   an Australian freight forwarder; and

(d)   a screening authority; and

(e)   a shipper of dangerous goods.

5          Exemption

                 Subject to section 6, a person to whom this exemption applies (an exempt person) is exempt from compliance with whichever of the following provisions is applicable:

(a)   paragraph 92.095 (2) (b);

(b)   paragraph 92.100 (1) (b);

(c)   paragraph 92.105 (1) (b);

(d)   paragraph 92.115 (2) (b);

(e)   paragraph 92.120 (1) (b).

6          Conditions

        (1)     The exempt person must ensure that the employee undertakes the recurrent training within the period commencing at the end of the month in which they last undertook their training, whether initial or recurrent, and ending after 24 months (the extended validity period).

        (2)     Subsection (1) is subject to subsection (3).

        (3)     If an employee undertakes a course of recurrent training within the final 3 months of an extended validity period (the final quarter), then the subsequent extended validity period does not commence until 24 months after the end of the previous extended validity period.

Note   Subsections (1), (2) and (3) give effect to ICAO provision Part 1;4.2.3, in the Technical Instructions, as referred to in the explanatory note in section 1.5.0.3 of the IATA Dangerous Goods Regulations.

Note   Examples of use of, or failure to use, an extended validity period.

·       If an employee successfully completes their initial training course on 14 April 2021, their training validity would normally expire on 14 April 2023, under this exemption the expiry becomes the end of April 2023.

·       If recurrent training of an employee is required before the end of April 2023 and the training is completed between 1 February 2023 and the end of April 2023 (within the final quarter), the end of the next extended validity period occurs at the end of April 2025.

·       If recurrent training of an employee is required before the end of April 2023 but that training is completed more than 3 months before the end of April 2023 (before the final quarter), the new expiry date is the end of the month, including the second anniversary of the day they completed that training. For instance, if the extended validity period is due to expire at the end of April 2023 but they complete recurrent training on 31 January 2023, their next training validity expiry is the end of January 2025.

7          Direction

        (1)     An exempt person who chooses to avail themselves of an extended validity period is directed to provide details of the training given to their employees, including dates of commencement and completion, if requested to do so by a CASA officer.

        (2)     This direction is repealed at the end of 31 March 2024.