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CASA EX149/21 Exemptions as made
This instrument inserts a number of additional exemptions into CASA EX84/21 – Part 133 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021 (CASA EX 84/21).
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 01 Dec 2021
Tabling HistoryDate
Tabled HR02-Dec-2021
Tabled Senate08-Feb-2022
Date of repeal 08 Sep 2022
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

Instrument number CASA EX149/21

I, PHILIPPA JILLIAN SPENCE, 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 P. Spence]

Pip Spence
Director of Aviation Safety

30 November 2021

1          Name

                 This instrument is CASA EX149/21 – Amendment of CASA EX84/21 – Instrument 2021.

2          Commencement

                 This instrument commences on 2 December 2021.

3          Amendment of CASA EX84/21

                 Schedule 1 amends CASA EX84/21 – Part 133 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021 (CASA EX84/21).

Schedule 1          Amendments

[1]       After section 9

insert

9A       Ground support personnel

        (1)     This section applies to the operator of a rotorcraft for a flight that is a Part 133 operation.

        (2)     The operator is exempted from compliance subregulations 133.115 (1) and (3) — but only to the extent that the member of the operator’s personnel who carries out a ground support duty for the flight (the duty):

(a)   is not a person employed by the operator under a contract of service (that is, as a direct employee); but

(b)   is instead retained, or utilised, by the operator on some other basis or arrangement (the relevant member).

        (3)     It is a condition of the exemption in subsection (2) that:

(a)   the operator is satisfied that the relevant member is capable of carrying out, and willing to carry out, the duty in a manner that maintains aviation safety; or

(b)   the relevant member is supervised by a direct employee of the operator who meets the requirements of subregulation 133.115 (2).

9B       Ground support personnel — direct employees

        (1)     This section applies to the operator of a rotorcraft for a flight that is a Part 133 operation.

        (2)     The operator is exempted from compliance with subregulations 133.115 (1) and (3) — but only to the extent that the member of the operator’s personnel who carries out a ground support duty for the flight (the duty) is a person employed by the operator under a contract of service (that is, as a direct employee).

        (3)     It is a condition of the exemption in subsection (2) that:

(a)   the direct employee is:

             (i)  under training for the duty; and

            (ii)  being supervised by a person, or a kind of person, identified in the operator’s exposition as competent to conduct the training; and

(b)   the training is being carried out in accordance with the requirements specified in the operator’s exposition for that training.

[2]       Paragraph 14 (3) (a)

repeal and substitute

(a)   the requirements of:

             (i)  each provision in Subpart 133.F are complied with; or

            (ii)  Divisions 6.1 to 6.4, inclusive, of this instrument are complied with through the operator’s use of procedures in conformity with those Divisions;