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CASA EX138/21 Exemptions as made
This instrument offers temporary relief from a legislative time-based obligation for completion of aeronautical knowledge examinations within 2 years which candidates may not be able to meet due to COVID-19 restrictions such as the closure of examination venues and travel restrictions.
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 22 Dec 2021
Tabling HistoryDate
Tabled HR08-Feb-2022
Tabled Senate08-Feb-2022
To be repealed 15 Sep 2024
Repealed by Self Repealing

Instrument number CASA EX138/21

I, ANDREAS MARCELJA, Acting Executive Manager, Stakeholder Engagement, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed A. Marcelja]

Andreas Marcelja
Acting Executive Manager, Stakeholder Engagement

21 December 2021

CASA EX138/21 — Aeronautical Knowledge Examinations (Extension of Time Due to COVID-19) Exemption 2021

1          Name

                 This instrument is CASA EX138/21 — Aeronautical Knowledge Examinations (Extension of Time Due to COVID-19) Exemption 2021.

2          Repeal

                 Instrument CASA EX83/20 — Aeronautical Knowledge Examinations (Extension of Time Due to COVID-19) Exemption 2020 is repealed.

3          Duration

                 This instrument:

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

(b)   is repealed at the end of 15 September 2024.

4          Definitions

                 In this instrument, words and phrases have the same meaning as in Part 61 of CASR, including aeronautical knowledge examination, air transport pilot licence and commercial pilot licence.

5          Application

                 This instrument applies to a person who:

(a)   between 16 March 2018 and 15 September 2021, passed at least 1 part of an aeronautical knowledge examination for a commercial pilot licence, or air transport pilot licence, with an aircraft category rating; and

(b)   has requested CASA, in writing, for an extension of the timeframe to complete the aeronautical knowledge examination, after passing all parts of the examination:

             (i)  after 15 March 2018; and

            (ii)  within a period of 3 years.

6          Exemption — timeframe for completion of aeronautical knowledge examination

        (1)     The person is exempt from compliance with subregulation 61.225 (2) of CASR to the extent that it requires that, for the person to be taken to have passed the aeronautical knowledge examination for a commercial pilot licence, or an air transport pilot licence, with the aircraft category rating, the person must pass all parts of the examination within a period of 2 years.

        (2)     The exemption in subsection (1) is subject to the condition in section 7.

7          Condition

                 The person must, if requested by CASA, demonstrate to CASA that Australian or foreign law in response to the COVID-19 pandemic has made it impossible, impracticable or unreasonable for the person to pass all parts of the examination within a period of 2 years.

Note   For example, the person may demonstrate that it was impracticable to pass a part of an examination by giving CASA a written statement from Aspeq to the effect that the person’s aeronautical knowledge examination sitting was cancelled due to Australian State Government‑imposed restrictions in place to reduce or control the spread of COVID-19.