Federal Register of Legislation - Australian Government

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CASA EX Exemptions as made
The instrument provides that a person who is treated by the Australian Skydiving Association Inc or the Australian Parachuting Federation as a student or novice parachutist, and is undertaking a parachute descent, is exempted from the application of Part 105 if the descent is authorised by instrument CASA 263/02 or instrument CASA 36/19, is conducted in accordance with instrument CASA 11/17 or instrument CASA 84/18, and also subsection 15 of Aviation Order 20.16.3. The instrument similarly exempts parachuting activities undertaken for the purposes of such a descent from the application of Part 105.
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 HR08-Feb-2022
Tabled Senate08-Feb-2022
To be repealed 01 Dec 2023
Repealed by Self Repealing

Instrument number CASA EX153/21

I, Philippa jillian spence, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.

[Signed P. Spence]

Pip Spence
Director of Aviation Safety

1 December 2021

CASA EX153/21 — Part 105 (Trainee Parachutists) Exemption 2021

1          Name

                 This instrument is CASA EX153/21 — Part 105 (Trainee Parachutists) Exemption 2021.

2          Duration

                 This instrument:

(a)   commences on 2 December 2021; and

(b)   is repealed at the end of 1 December 2023.

3          Definitions

        (1)     In this instrument:

APF means the Australian Parachuting Federation Ltd.

ASA means the Australian Skydiving Association Inc.

CASA 11/17 means CASA 11/17 — Conduct of Parachute Training Operations (Australian Skydiving Association) Direction.

CASR means the Civil Aviation Safety Regulations 1988.

novice parachutist has the meaning given by:

(a)   if the person is a member of the ASA — subsection 2 (2) of instrument CASA 11/17; and

(b)   if the person is a member of the APF — section 3 of instrument CASA 84/18.

parachuting activity: see regulation 105.010 of CASR.

student parachutist has the meaning given by:

(a)   if the person is a member of the ASA — subsection 2 (2) of instrument CASA 11/17; and

(b)   if the person is a member of the APF — section 3 of instrument CASA 84/18.

tandem parachutist: see regulation 105.010 of CASR.

        (2)     A reference in this instrument to instrument CASA 11/17 or instrument CASA 84/18 is a reference to that instrument as in force from time to time.

4          Exemptions relating to parachute descents undertaken by novice or student parachutists

        (1)     This section applies to a student parachutist or novice parachutist who:

(a)   is a member of the ASA or the APF; and

(b)   undertakes a parachute descent; and

(c)   is not a tandem parachutist.

        (2)     The person is exempt from compliance with Part 105 of CASR if the parachute descent is authorised by, and conducted in accordance with:

(a)   for a member of the ASA:

             (i)  instrument CASA 11/17; and

            (ii)  to the extent that is it not inconsistent with subparagraph (i) — instrument CASA 263/02 as in force immediately before the commencement of this instrument; and

(b)   for a member of the APF:

             (i)  instrument CASA 84/18; and

            (ii)  to the extent that it is not inconsistent with subparagraph (i) — instrument CASA 36/19, as in force immediately before the commencement of this instrument; and

(c)   subsection 15 of Civil Aviation Order 20.16.3 (as in force immediately before 2 December 2021).

        (3)     A person who undertakes any other parachuting activity for the purposes of a parachute descent mentioned in subsection (2) is exempt from compliance with Part 105 of CASR if the descent is authorised by, and conducted in accordance with, instrument CASA 11/17 or instrument CASA 84/18.