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CASA EX147/21 – Amendment of CASA EX82/21 – Instrument 2021

Authoritative Version
  • - F2021L01683
  • In force - Latest Version
CASA EX147/21 Exemptions as made
This instrument amends CASA EX82/21 – Part 119 of CASR – Supplementary Exemptions and Directions Instrument 2021 (CASA EX 82/21). CASA EX82/21 makes a number of exemptions and directions relating to Part 119 of the Civil Aviation Safety Regulations 1998 (CASR). Part 119 of CASR is one of CASA’s new Flight Operations Regulations that commence on 2 December 2021.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 01 Dec 2021

Instrument number CASA EX147/21

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 EX147/21 – Amendment of CASA EX82/21 – Instrument 2021.

2          Commencement

                 This instrument commences on 2 December 2021.

3          Amendment of CASA EX82/21

                 Schedule 1 amends CASA EX82/21 – Part 119 of CASR – Supplementary Exemptions and Directions Instrument 2021 (CASA EX 82/21).

Schedule 1          Amendments

[1]       Subsection 3 (1), Definitions

insert

medical transport operation means a Part 133 operation that is a medical transport operation within the meaning given by paragraph (1) (a) of the definition of medical transport operation in the CASR Dictionary.

NVIS operation means an NVIS flight that is any of the following operations using NVIS:

(a)   a medical transport operation;

(b)   training or checking for a Part 133 operator in relation to its crew members who conduct NVIS flights during the operator’s medical transport operations;

(c)   a maintenance flight of an aircraft for the purpose of ensuring the serviceability of the aircraft, or the NVIS, for NVIS operations mentioned in any other paragraph of this definition;

(d)   a test flight of an aircraft for the purpose of certifying the aircraft, or the NVIS, for NVIS operations mentioned in any other paragraph of this definition.

Part 133 operation means an Australian air transport operation mentioned in regulation 133.005, and includes a medical transport operation.

[2]       After section 6

insert

6A       First use of NVIS in an NVIS operation under Part 133 – significant change – direction

        (1)     This section applies to an Australian air transport operator (the operator) for a Part 133 operation.

        (2)     Before conducting an NVIS operation for the first time in a Part 133 operation, the operator must apply for, and obtain, the written approval of CASA as if:

(a)   the first conduct of the NVIS operation were a significant change within the meaning of that expression in regulation 119.020; and

(b)   regulations 119.090, 119.095 and 119.100 applied to the first conduct of the NVIS operation as if it were such a significant change.

        (3)     If CASA gives the operator its approval under subsection (2) for a particular NVIS operation, no subsequent approval under subsection (2) is required before the operator may conduct a different NVIS operation for the first time in a Part 133 operation.

6B       Retention of historical flight crew member records — direction

        (1)     This section applies to an Australian air transport operator if, immediately before 2 December 2021, the operator was an AOC holder authorised to conduct charter operations, or regular public transport operations, or aerial work (air ambulance) operations (the operator).

        (2)     The operator must retain in safe custody, for the periods mentioned in subsection (3), each of the records held by the operator on 1 December 2021 that were mentioned in each of the following provisions (as applicable to the operator’s AOC) as the provision was in force immediately before 2 December 2021:

(a)   CAO 82.1, Appendix 1, paragraphs 2.3, 2.4 and 2.5;

(b)   CAO 82.3, Appendix 1, paragraph 2.5;

(c)   CAO 82.5, Appendix 1, paragraph 2.4.

        (3)     For subsection (2), the period for retention of the records is at least the period, commencing on 2 December 2021, that the similar or analogous record is to be retained under Subpart 119.J.