Federal Register of Legislation - Australian Government

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CASA EX06/21 Exemptions as made
This instrument provides exemptions from the Civil Aviation Safety Regulations 1998 (CASR) for holders of air traffic controller licences who perform air traffic control duties at Sydney Airport under a precision approach radar monitor endorsement to enable them to satisfy the recency and currency requirements under CASR by using a simulator instead of the live operational environment. It also repeals the CASA EX88/18 — Recency Requirement (Precision Runway Monitoring Endorsement) Instrument 2018.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 30 Jul 2021
Tabling HistoryDate
Tabled HR03-Aug-2021
Tabled Senate03-Aug-2021
To be repealed 31 May 2024
Repealed by Self Repealing

Instrument number CASA EX06/21

I, PHILIPPA JILLIAN SPENCE, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 and subregulation 11.245 (1) of the Civil Aviation Safety Regulations 1998.

[Signed P. Spence]

Pip Spence
Director of Aviation Safety

28 July 2021

1          Name

                 This instrument is CASA EX06/21 – ATC Licence (PARM Endorsement) – Exemptions from Recency and Currency Requirements Instrument 2021.

2          Duration

                 This instrument:

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

(b)   is repealed at the end of 31 May 2024.

Note   For regulation 11.250 of CASR, the directions in section 7 cease to be in force at the end of 31 May 2024.

3          Repeal of instrument CASA EX88/18

                 CASA EX88/18 — Recency Requirement (Precision Runway Monitoring Endorsement) Instrument 2018 is repealed.

4          Definitions

Note   In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: ATC licence.

                 In this instrument:

AA Licensing and Certificates Manual means ATS Licensing and Certificates Manual, prepared by Airservices Australia, ARN 202210, as existing from time to time.

PARM endorsement means the precision approach radar monitor endorsement for an ATC licence referred to in the AA Licensing and Certificates Manual.

PRM simulator means the Eurocat simulator used for precision radar monitoring that is:

(a)   operated by Airservices Australia; and

(b)   located in the Sydney Air Traffic Services Centre; and

(c)   designed to simulate a live environment for PARM endorsement functions.

Sydney TCU means the function referred to by that name and described in Appendix A of the AA Licensing and Certificates Manual.

Sydney Tower means the function referred to by that name and described in Appendix A of the AA Licensing and Certificates Manual.

5          Application

            This instrument applies in relation to an ATC licence holder who:

(a)   performs air traffic control functions at Sydney Airport under a PARM endorsement; and

(b)   satisfies the recency and currency requirements mentioned in subparagraph 65.035 (1) (c) (i) of CASR in relation to an endorsement within either Sydney TCU or Sydney Tower (other than the PARM endorsement), gained by performance of functions in the live operational environment and not on a simulator.

6          Exemptions

        (1)     An ATC licence holder to whom this instrument applies is exempt from subregulation 65.045 (1) of CASR to the extent that it requires the licence holder to comply with the recency requirement mentioned in subparagraph 65.035 (1) (c) (i) in the manner specified in subregulation 65.025 (1) in relation to the PARM endorsement if the licence holder has performed the PARM endorsement functions on the PRM simulator for at least 30 minutes within the previous 21 days.

        (2)     An ATC licence holder to whom this instrument applies is exempt from subregulation 65.045 (1) of CASR to the extent that it requires the licence holder to comply with the currency requirement mentioned in subparagraph 65.035 (1) (c) (i) in the manner specified in paragraph 65.030 (1) (b) in relation to the PARM endorsement if, within the previous 6 months, the licence holder’s performance of the PARM endorsement functions, as carried out on the PRM simulator, has been assessed as satisfactory.

7          Directions

                 Airservices Australia must ensure that:

(a)   the PRM simulator, software, data set and simulator exercises are, at all times when being used for the purposes of this instrument, aligned with the live operational environment for the PARM endorsement; and

(b)   no change is made to the PRM simulator without CASA’s prior written approval; and

(c)   no change is made to the AA Licensing and Certificates Manual that affects the ambit of the exemptions under this instrument (including provisions relating to the recency or currency requirements or the scope or description of the PARM endorsement) without CASA’s prior written approval.