Civil Aviation Safety Regulations 1998
Statutory Rules No. 237, 1998
made under the
Civil Aviation Act 1988
Compilation No. 88
Compilation date: 7 October 2020
Includes amendments up to: F2020L01283
Registered: 14 October 2020
This compilation is in 5 volumes
Volume 1: regulations 1.001–42.1105
Volume 2: regulations 45.005–92.205
Volume 3: regulations 99.005–137.300
Volume 4: regulations 139.005–175.500
Volume 5: regulations 200.001A–202.900
Dictionary and Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Civil Aviation Safety Regulations 1998 that shows the text of the law as amended and in force on 7 October 2020 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 139—Aerodromes
Subpart 139.A—Preliminary
139.001 Simplified outline of this Part
139.005 Issue of Manual of Standards for Part 139
139.010 Approvals by CASA for Part 139
139.015 Effect on operation of other laws
Subpart 139.B—Aerodrome certificates
139.020 Application for aerodrome certificate
139.025 When aerodromes are required to have an aerodrome certificate
139.030 Grant of aerodrome certificate
139.035 Suspension or cancellation of aerodrome certificate by CASA
139.040 Notification requirement if aerodrome ceases to be certified
Subpart 139.C—Operation and maintenance of a certified aerodrome
Division 139.C.1—Aerodrome manual
139.045 Requirement to have aerodrome manual
139.050 Amendments of aerodrome manual
139.055 Compliance with aerodrome manual
139.060 Notice of non‑compliance with aerodrome manual
Division 139.C.2—Aerodrome facilities and equipment
139.065 Aerodrome facilities and equipment
139.070 Planning and carrying out aerodrome works
Division 139.C.3—Aerodrome inspections, monitoring and reporting
139.075 Aerodrome inspections
139.080 Reporting information to AIS providers
139.085 Reporting changes or occurrences at aerodromes
139.090 Monitoring airspace and reporting infringements
Division 139.C.4—Safety management, emergency preparedness and other systems
139.095 Safety management systems and risk management plans
139.100 Emergency preparedness and aerodrome emergency plans
139.105 Other aerodrome systems
Division 139.C.5—Aerodrome personnel
139.110 Aerodrome personnel
139.115 Training etc. of aerodrome personnel
139.120 Aerodrome personnel carrying out responsibilities
Division 139.C.6—Aerodrome ground surveillance systems
139.125 Condition on aerodrome certificate to operate aerodrome ground surveillance system
139.130 Requirements for aerodrome ground surveillance systems
Division 139.C.7—Other matters
139.135 Access to aerodromes to conduct tests
139.140 Requests for data from aerodrome operator
139.145 Requests for data from ATS providers
Subpart 139.D—Aerodrome radiocommunication services
Division 139.D.1—Frequency confirmation system
139.150 Frequency confirmation systems for aerodromes
Division 139.D.2—Air/ground radio service
139.155 Air/ground radio service must be approved
139.160 Requirements for operating certified air/ground radio service
Subpart 139.E—Hazards to aircraft operations
Division 139.E.1—Notifying potential hazards
139.165 Notifying CASA of certain proposed objects or structures
139.170 Notifying CASA of activities that create certain emissions sources
Division 139.E.2—Determination of hazards
139.175 Determination that certain existing objects, structures or emissions sources are a hazard to aircraft operations
139.180 Determination that certain proposed objects, structures or emissions sources are a hazard to aircraft operations
139.185 Kinds of objects, structures or emissions sources that may be hazards
Subpart 139.H—Aerodrome rescue and firefighting services
Division 139.H.1—General
139.700 Applicability of this Subpart
139.705 Definitions for this Subpart
139.710 Functions of ARFFS
139.711 Person not to provide service without approval
139.712 Issue of Manual of Standards
139.715 Effect of Manual of Standards
Division 139.H.3—Requirements to be complied with by ARFFS provider
139.750 Requirements in this Division
139.755 Definition for Division—applicable standards and requirements
139.760 Inconsistency between Manual and chapter 9 of Annex 14
139.765 Knowledge, equipment and expertise to deal with aviation hazards
139.770 General obligation to maintain service
139.771 Response time of ARFFS
139.772 Buildings and emergency facilities
139.773 Officer in charge
139.775 Notice about times service is available etc
139.780 Agreements with other fire fighting bodies
139.785 Stock of fire extinguishing agents
139.795 Extinguishing equipment and vehicles
139.800 Other vehicles and equipment
139.805 Vehicles and equipment for firefighting and rescue in difficult environments
139.810 Commissioning of certain equipment
139.815 Protective clothing and equipment
139.820 Communications
139.825 Test and maintenance equipment
139.830 Commissioning of new vehicles and equipment
139.835 Number of operating personnel
139.840 Medical standard of firefighters
139.845 Qualifications and training of firefighters
139.850 Operations manual
139.855 Amendment of operations manual
139.860 Voice data recording
139.865 Record of accidents or incidents
139.870 Contingency plan
139.875 Records management
139.880 Organisation
139.885 System for rectification of service failures
139.890 Quality control
139.895 Change management
139.900 Safety management
139.905 Applicant’s organisation
139.910 Telling users and CASA about changes
Division 139.H.4—Conduct of ARFFS operations
139.915 Powers of officer in charge or firefighter
Division 139.H.5—Administration
139.920 Definition for Division
139.925 How to apply for approval as ARFFS provider
139.965 When CASA must grant approval
139.970 When decision must be made
139.995 Application for variation of approval
139.1005 Suspension or continued suspension of approval by show cause notice
139.1010 Grounds for cancellation of approval
139.1015 Notice to approved ARFFS provider to show cause
139.1020 Cancellation of approval after show cause notice
139.1022 Cancellation if holder ceases to provide ARFFS
Part 141—Recreational, private and commercial pilot flight training, other than certain integrated training courses
Subpart 141.A—General
141.005 What Part 141 is about
141.010 Aircraft and flight simulation training devices to which Part 141 applies
141.015 Definitions of Part 141 flight training, authorised Part 141 flight training, Part 141 operator and Part 141 certificate
141.020 Definition of key personnel for Part 141
141.025 Definition of significant change for Part 141
141.030 Definitions for Part 141
141.035 Approvals by CASA for Part 141
141.040 Legislative instruments—flight training
141.045 Regulations 11.070 to 11.075 do not apply in relation to certain matters
141.050 Part 141 flight training—requirement for Part 141 certificate or approval
Subpart 141.B—Part 141 certificates
141.055 Part 141 certificates—application
141.060 Part 141 certificate—issue
141.065 Part 141 certificate—approval of operations manual
141.070 Part 141 certificate—conditions
141.075 Part 141 certificate—compliance with conditions
Subpart 141.C—Part 141 operators—changes
141.080 Part 141 operators—changes of name etc
141.085 Part 141 operators—application for approval of significant changes
141.090 Part 141 operators—approval of significant changes
141.095 Part 141 operators—process for making changes
141.100 Part 141 operators—CASA directions relating to operations manual or key personnel
Subpart 141.D—Part 141 operators—organisation and personnel
141.105 Part 141 operators—organisation and personnel
141.110 Part 141 operators—key personnel cannot carry out responsibilities
141.115 Part 141 operators—familiarisation training for key personnel
141.120 Part 141 operators—chief executive officer: responsibilities and accountabilities
141.125 Part 141 operators—head of operations: qualifications and experience
141.130 Part 141 operators—head of operations: responsibilities
141.155 Part 141 operators—key personnel: additional qualification and experience requirements
141.160 Part 141 operators—reference library
Subpart 141.E—Part 141 operators—instructors
141.165 Part 141 operators—instructors must comply with Part 141 certificate
141.170 Part 141 operators—instructors must comply with operations manual
141.175 Part 141 operators—instructors must be authorised under Part 61
141.180 Part 141 operators—instructors must have access to records
141.185 Part 141 operators—instructors must hold valid standardisation and proficiency check for operator
141.190 Part 141 operators—holding valid standardisation and proficiency check for operator
141.195 Part 141 operators—standardisation and proficiency check requirements
141.200 Part 141 operators—instructors—training in human factors principles and non‑technical skills
141.205 Part 141 operators—instructors must be competent to conduct flight training in flight simulation training device
141.210 Part 141 operators—person recommended for flight test
Subpart 141.G—Part 141 operators—quality system
141.225 Part 141 operators—quality system for flight simulation training devices
Subpart 141.H—Part 141 operators—personnel fatigue management
Subpart 141.I—Part 141 operators—operations manuals
141.260 Part 141 operators—content of operations manual
141.265 Part 141 operators—compliance with operations manual by operator
141.270 Part 141 operators—providing personnel with operations manual
Subpart 141.J—Part 141 operators—logs and records
141.275 Part 141 operators—making and keeping flight training records
141.280 Part 141 operators—availability of flight training records
Subpart 141.K—Part 141 operators—miscellaneous offences
141.285 Part 141 operators—suitable facilities, records and resources for flight test
141.290 Part 141 operators—pilot in command to be authorised under Part 61
141.295 Part 141 operators—carriage of passengers prohibited during abnormal operations or low‑flying flight training
141.300 Part 141 operators—authorisation of carriage of passengers
141.305 Part 141 operators—completion of training and assessment of competency for certain solo flights
141.306 Part 141 operators—appropriate briefing and capability to conduct certain solo flights etc.
141.310 Part 141 operators—dealings in relation to suspended, cancelled, varied, pending or refused civil aviation authorisations: when approval required
141.315 Part 141 operators—maximum period for use of foreign registered aircraft in Australian territory
Part 142—Integrated and multi‑crew pilot flight training, contracted recurrent training and contracted checking
Subpart 142.A—General
142.005 What Part 142 is about
142.010 Part 142 applies only to aeroplanes, rotorcraft, airships and flight simulation training devices
142.015 Definitions of Part 142 activity, Part 142 flight training, Part 142 authorisation, Part 142 operator and authorised Part 142 activity for Part 142
142.020 Definitions of contracted checking, contracted recurrent training and contracting operator for Part 142
142.025 Definition of key personnel for Part 142
142.030 Definition of significant change for Part 142
142.035 Definitions for Part 142
142.040 Approvals by CASA for Part 142
142.045 Legislative instruments—Part 142 operators
142.050 Part 142 activities—requirement for Part 142 authorisation
142.055 Part 142 activities—compliance with Part 142 authorisations: offence for operators
142.060 Part 142 activities—compliance with conditions of Part 142 authorisations: offence for operators
Subpart 142.B—Part 142 authorisations
Division 142.B.1—AOCs for Part 142 activities that involve operation of aircraft
142.065 Prescribed purpose—Part 142 activities involving the operation of aircraft
142.070 Prescribed position—safety manager
142.075 Required material—reference library
142.080 AOC—application
142.085 AOC—conditions for issue
142.095 AOC—approval of exposition
142.100 AOC—conditions
Division 142.B.2—Certificates for Part 142 activities conducted in flight simulation training devices
142.105 Certificate—application
142.110 Certificate—issue
142.115 Certificate—approval of exposition
142.120 Certificate—conditions
142.125 Certificate holders—reference library
142.130 Certificate holders—regulations 11.070 to 11.075 do not apply in relation to certain matters
Subpart 142.C—Part 142 operators—changes
142.135 Part 142 operators—changes of name etc
142.140 Part 142 operators—application for approval of significant change
142.145 Part 142 operators—approval of significant changes
142.150 Part 142 operators—process for making changes
142.155 Part 142 operators—CASA directions relating to exposition or key personnel
Subpart 142.D—Part 142 operators—organisation and personnel
142.160 Part 142 operators—organisation and personnel
142.165 Part 142 operators—key personnel cannot carry out responsibilities
142.170 Part 142 operators—familiarisation training for key personnel
142.175 Part 142 operators—chief executive officer: experience
142.180 Part 142 operators—chief executive officer: responsibilities and accountabilities
142.185 Part 142 operators—head of operations: qualifications and experience
142.190 Part 142 operators—head of operations: responsibilities
142.195 Part 142 operators—safety manager: experience
142.200 Part 142 operators—safety manager: responsibilities
142.205 Part 142 operators—quality assurance manager: experience
142.210 Part 142 operators—quality assurance manager: responsibilities
142.215 Part 142 operators—key personnel: additional qualifications and experience requirements
Subpart 142.E—Part 142 operators—instructors and examiners
142.220 Part 142 activities—instructors and examiners must comply with Part 142 authorisation
142.225 Part 142 activities—instructors and examiners must comply with exposition
142.230 Part 142 operators—instructors and examiners must be authorised under Part 61
142.235 Part 142 operators—instructors and examiners must have access to records
142.240 Part 142 operators—instructors and examiners must be competent to conduct authorised Part 142 activities in flight simulation training devices
142.245 Part 142 operators—person recommended for flight test
Subpart 142.F—Part 142 operators—training management system
142.250 Part 142 operators—training management system
142.255 Part 142 operators—training management system requirements
Subpart 142.G—Part 142 operators—safety management system
142.260 Part 142 operators—safety management system
142.265 Part 142 operators—safety management system requirements
Subpart 142.H—Part 142 operators—quality assurance management system
142.270 Part 142 operators—quality assurance management system
142.275 Part 142 operators—quality assurance management system requirements
Subpart 142.I—Part 142 operators—personnel fatigue management
Subpart 142.J—Part 142 operators—internal training and checking
142.310 Part 142 operators—internal training and checking system
142.315 Part 142 operators—internal training and checking system requirements
142.320 Part 142 operators—proficiency of instructors
142.325 Part 142 operators—holding valid standardisation and proficiency check for operator
142.330 Part 142 operators—standardisation and proficiency check requirements
142.335 Part 142 operators—instructors and examiners—training in human factors principles and non‑technical skills
Subpart 142.K—Part 142 operators—expositions
142.340 Part 142 operators—content of exposition
142.345 Part 142 operators—compliance with exposition by operator
142.350 Part 142 operators—providing personnel with exposition
Subpart 142.L—Part 142 operators—logs and records
142.355 Part 142 operators—making and keeping records
142.360 Part 142 operators—availability of records
Subpart 142.M—Part 142 operators—miscellaneous offences
142.365 Part 142 operators—pilot in command for training to be authorised under Part 61
142.370 Part 142 operators—carriage of passengers prohibited during abnormal operations or low‑flying activity
142.375 Part 142 operators—authorisation of carriage of passengers
142.380 Part 142 operators—integrated training courses: transfer of student from another Part 142 operator
142.385 Part 142 operators—completion of training and assessment of competency for certain solo flights
142.386 Part 142 operators—appropriate briefing and capability to conduct certain solo flights etc.
142.390 Part 142 operators—dealings in relation to cancelled, suspended, varied, pending or refused civil aviation authorisations: when approval required
142.395 Part 142 operators—maximum period for use of foreign registered aircraft in Australian territory
Part 143—Air Traffic Services Training Providers
Subpart 143.A—General
143.005 Applicability of this Part
143.010 Definitions for this Part
143.015 What is an ATS training provider
143.016 Person not to provide service without approval
143.017 Issue of Manual of Standards
Subpart 143.B—Approval as an ATS training provider
143.020 What an application must be accompanied by
143.025 When applicant is eligible for approval
143.027 CASA may impose conditions on approvals
143.050 Variation of approvals
Subpart 143.C—Requirements to be complied with by ATS training providers
Division 143.C.1—Requirements for training
143.055 Standard for training
143.060 Training plan
Division 143.C.2—Personnel
143.065 Personnel
143.070 Qualifications for certain personnel
Division 143.C.3—Reference materials, documents and records
143.075 Reference materials
143.080 Material to be included in reference materials
143.085 Documents and records
143.090 Document and record control system
Subpart 143.D—Telling CASA about changes
143.095 Advice on organisational changes
143.100 Discontinuing training
143.105 Status as registered training organisation
Subpart 143.E—Miscellaneous
143.110 Unapproved training
Subpart 143.F—Administration
Division 143.F.1—Preliminary
143.115 Applicability of this Subpart
Division 143.F.2—Approvals
143.118 Applying for approval
143.120 Joint applications not permitted
143.130 Applications by corporations etc—what must be included
143.145 CASA may require demonstrations of procedures or equipment
143.175 Grant of approval
143.180 When decision must be made
Division 143.F.4—Suspension and cancellation of approvals
143.215 Definition for this Division
143.220 Suspension of approval by show cause notice
143.225 Grounds for cancellation of approval
143.230 Notice to show cause
143.235 Cancellation of approval after show cause notice
143.245 Cancellation if cooperation or arrangement ceases
Part 144—Distribution organisations
Part 145—Continuing airworthiness—Part 145 approved maintenance organisations
Subpart 145.A—General
145.005 Purpose of Part
145.010 Definitions for Part
145.015 Part 145 Manual of Standards
145.020 Regulations 11.070 to 11.075 do not apply in relation to certain matters
Subpart 145.B—Approval of Part 145 organisations
145.025 Applying for approval
145.030 Issuing approval
145.035 Approval certificate
145.040 Privileges for Part 145 organisations
145.045 Approval subject to conditions
Subpart 145.C—Changes to Part 145 organisations
145.050 Application for approval of significant changes to organisations
145.055 Approval of significant changes
145.060 Changes to Part 145 organisations that are not significant changes
145.065 CASA may direct Part 145 organisations to change exposition
Subpart 145.D—Requirements and offences for Part 145 organisations
145.070 Provision of maintenance services
145.075 Provision of permitted training
145.080 Providing employees with exposition
145.085 Complying with directions
Part 147—Continuing airworthiness—maintenance training organisations
Subpart 147.A—General
147.005 Purpose of Part
147.010 Definitions for Part
147.015 Part 147 Manual of Standards
147.020 Regulations 11.070 to 11.075 do not apply in relation to certain matters
Subpart 147.B—Approval of maintenance training organisations
147.025 Applying for approval
147.030 Issuing approval
147.035 Approval certificate
147.040 Privileges for maintenance training organisations
147.045 Approval subject to conditions
Subpart 147.C—Changes to maintenance training organisations
147.050 Application for approval of significant changes to organisations
147.055 Decision on application for approval of significant changes
147.060 Changes to maintenance training organisations that are not significant changes
147.065 CASA may direct maintenance training organisations to change exposition
Subpart 147.D—Requirements and offences for maintenance training organisations
147.070 Provision of maintenance training and assessment
147.075 Assessment of foreign licences
147.080 Providing employees with exposition
147.085 Complying with directions
Part 149—Approved self‑administering aviation organisations
Subpart 149.A—General
149.005 Approvals by CASA for Part 149
149.010 Manual of Standards for Part 149
149.015 Aviation administration functions—ASAO certificate required
149.020 Compliance with conditions of ASAO certificate
Subpart 149.B—ASAO certificates
149.060 CASA may limit number of ASAO certificates
149.070 Application for ASAO certificate
149.075 Issue of ASAO certificate
149.080 Approval of exposition
149.085 Conditions of ASAO certificate
149.090 Form of ASAO certificate
Subpart 149.C—Changes to exposition or personnel
149.110 Certain changes to exposition must be pre‑approved by CASA
149.115 Approval of changes to exposition
149.120 CASA directions relating to exposition or personnel
Subpart 149.D—Organisation and personnel
149.195 Organisation and personnel
149.200 Notifying CASA if key personnel cannot carry out responsibilities
149.205 Familiarisation training for key personnel
149.210 Experience etc. of key personnel
149.215 Reporting interference with decisions of key personnel
149.220 Register of key personnel and appointed persons
Subpart 149.E—Systems, facilities, reference materials and rules
149.270 Safety management system
149.275 Audit and surveillance system
149.280 Facilities and equipment
149.285 Reference materials
149.290 Aviation administration and enforcement rules
Subpart 149.F—Expositions
149.340 Content of exposition
149.345 Compliance with exposition
149.350 Access to exposition etc.
Subpart 149.G—Authorisations
149.400 Grounds for refusal of application for authorisation
149.405 Disclosure of information in application for authorisation
149.410 Authorisation holders must comply with ASAO’s exposition
149.415 Notice of suspension, variation or cancellation of authorisation
149.425 Reporting conduct of authorisation holders etc.
149.430 Reporting applications for authorisations in certain circumstances
149.435 ASAO to refuse to issue authorisation if suspended etc.
149.440 ASAO to refuse to issue authorisation if exclusion period is in force
Subpart 149.H—Authorisations and enforcement
149.490 Direction to ASAO to exercise ASAO enforcement powers
149.495 Variation, suspension and cancellation of authorisations issued by ASAOs
149.500 Effect of suspension or cancellation by CASA of authorisations issued by ASAOs
Subpart 149.J—Information and documents
149.540 Providing information or documents to CASA
149.550 Copies of documents to CASA
Subpart 149.K—Review of ASAO decisions
149.605 Application for internal review by ASAO
149.610 Application for review by CASA
149.615 Notifying the ASAO of application
149.620 ASAO to provide information and documents to CASA
149.625 CASA may request further information etc. from applicant for review
149.630 Review procedures and review decision
Part 171—Aeronautical telecommunication service and radionavigation service providers
Subpart 171.A—General
171.005 Applicability of this Part
171.010 Interpretation
171.012 Meaning of telecommunication service
171.015 Person not to provide service without approval
171.017 Issue of Manual of Standards
Subpart 171.B—Approval of service providers
171.020 Application
171.022 Joint applications not permitted
171.025 If applicant is a corporation
171.026 CASA may ask for demonstration of service
171.027 Grant of approval
171.028 When decision must be made
171.029 Conditions
Subpart 171.C—Obligations and privileges of service provider
171.030 Service by provider
171.035 Changes by service provider to service
171.040 Changes by service provider to operations manual
171.050 Technicians
171.055 Test transmissions
171.065 Interruption to service
171.070 Test equipment
171.075 Documents to be maintained
171.080 Records
171.085 Security program
171.086 Safety management system
Subpart 171.D—Contents of operations manual
171.090 Operations manual to contain or refer to information
171.095 Organisation and management of service provider
171.100 Way in which standards are met
171.105 Functional specification and performance values of services
171.110 Technical description
171.115 Safe operation
171.120 Facility operation and maintenance plan
171.125 Safety management system
171.140 Test equipment
171.145 Interruption to service
171.150 Document control
171.155 Security program
171.160 Changes to procedures
Subpart 171.E—Suspension and cancellation of approvals, and directions to vary manuals
171.220 Suspension and cancellation of approvals
171.225 Notice to approval holder to show cause
171.230 Grounds for cancellation of approval
171.235 Cancellation of approval after show cause notice
171.237 Cancellation if cooperation or arrangement ceases
171.245 CASA’s power to direct variation of manual
Part 172—Air Traffic Service Providers
Subpart 172.A—General
172.005 Applicability of this Part
172.010 Definitions for this Part
172.015 What is an ATS provider
172.020 Providing air traffic service without approval
172.022 Issue of Manual of Standards
Subpart 172.B—Approval as an ATS provider
172.024 Applicant for approval as ATS provider
172.030 When applicant is eligible for approval
172.055 Variation of approvals
Subpart 172.C—Requirements to be complied with by ATS providers
Division 172.C.1—Operations manual
172.060 Operations manual
Division 172.C.2—Air traffic service
172.065 Standards for air traffic service
172.070 Aeronautical telecommunications procedures
172.075 ICAO Doc. 4444 and ICAO Doc. 7030
172.080 Compliance with provider’s operations manual
172.085 Priority of standards
172.090 Priority of inconsistent procedures
Division 172.C.3—Standards for facilities and equipment
172.095 Facilities and equipment
Division 172.C.4—Organisation and personnel
172.100 Definition for this Division
172.105 Organisation
172.110 Personnel
172.115 Supervisory personnel
172.120 Qualifications for certain personnel
Division 172.C.5—Arrangements to maintain service
172.125 Agreements with service providers
172.130 Agreements with aerodrome operators
172.135 Arrangements for transfer of information
Division 172.C.6—Management
172.140 Training and checking program
172.145 Safety management system
172.150 Contingency plan
172.155 Security program
Division 172.C.7—Reference materials, documents, records and log books
172.160 Reference materials
172.165 Documents and records
172.170 Document and record control system
172.175 Logbooks
Division 172.C.8—Notice of air traffic service
172.180 Availability of air traffic service
Subpart 172.D—Telling CASA about changes
172.185 Advice on organisational changes
172.190 Discontinuing air traffic service
Subpart 172.E—Miscellaneous
172.195 ATS provider must not provide unauthorised air traffic service
Subpart 172.F—Administration
Division 172.F.1—Preliminary
172.200 Applicability of this Subpart
Division 172.F.2—Approvals
172.202 Applying for approval
172.205 Joint applications not permitted
172.215 Applications by corporations etc—what must be included
172.230 CASA may require demonstrations of procedures or equipment
172.260 When CASA must approve an applicant
172.265 When decision must be made
172.270 Conditions
Division 172.F.4—Directions to amend provider’s operations manual
172.300 CASA may direct amendments to provider’s operations manual
Division 172.F.5—Suspension and cancellation of approvals
172.305 Definition for this Division
172.310 Suspension of approval by show cause notice
172.315 Grounds for cancellation of approval
172.320 Notice to show cause
172.325 Cancellation of approval after show cause notice
172.327 Cancellation if cooperation or arrangement ceases
Part 173—Instrument flight procedure design
Subpart 173.A—General
173.005 Applicability
173.010 Definitions for this Part
173.015 What is a certified designer
173.020 What is a procedure design certificate
173.025 What is an authorised designer
173.030 What is a procedure design authorisation
173.035 Design, review or amendment of terminal instrument flight procedures—requirement for procedure design certificate etc
173.040 Designing instrument flight procedures other than terminal instrument flight procedures
Subpart 173.B—Certified designers
Division 173.B.1—Certification as certified designer
173.045 Applications for procedure design certificates
173.050 Criteria for grant of procedure design certificates
173.055 Procedure design certificate
173.065 How long procedure design certificates remain in force
173.070 Applications to vary procedure design certificates
Division 173.B.2—Requirements to be complied with by certified designers
173.075 Certified designer to maintain operations manual
173.080 Compliance with operations manual
173.085 Standards for design of terminal instrument flight procedures etc
173.090 Verification of terminal instrument flight procedures
173.095 Validation of terminal instrument flight procedures
173.100 Publication of terminal instrument flight procedures
173.105 Radio navigation aids
173.110 Maintenance of terminal instrument flight procedures
173.115 Certified designer to provide facilities etc
173.120 Certified designer to have appropriate organisation
173.125 Certified designer to have sufficient personnel
173.130 Supervisory personnel
173.135 Certified designer to appoint chief designer
173.140 Certified designer to provide training and checking program
173.145 Certified designer to have safety management system
173.150 Certified designer to maintain reference materials
173.155 Certified designer to keep documents and records
173.160 Certified designer to have document and record control system
Division 173.B.3—Chief designer
173.165 Approval for appointment of chief designer
173.170 Approval for appointment to act as chief designer
173.175 Appointment likely to have adverse effect on air safety
173.180 Chief designer’s functions and duties
173.185 Duration of approval
173.190 Withdrawal or suspension of approval of appointment
Division 173.B.4—Miscellaneous
173.195 Advice on organisational changes
173.200 Discontinuing design work on terminal instrument flight procedures of a particular type
173.205 Notifying the AIS of a variation to a procedure design certificate
173.210 Discontinuing maintenance of particular terminal instrument flight procedures
173.215 Transfer of maintenance responsibility
Subpart 173.C—Authorised designers
Division 173.C.1—Authorisation as authorised designer
173.220 Applications for procedure design authorisations
173.225 Criteria for grant of procedure design authorisations
173.240 How long procedure design authorisations remain in force
173.245 Applications to vary procedure design authorisations
Division 173.C.2—Requirements to be complied with by authorised designers
173.250 Operations manual
173.255 Compliance with operations manual
173.260 Standards for design of terminal instrument flight procedures etc
173.265 Off‑shore installations
173.270 Maintenance of terminal instrument flight procedures
173.275 Authorised designer to have sufficient personnel
173.280 Authorised designer to maintain reference materials
173.285 Authorised designer to keep documents and records
173.290 Authorised designer to have document and record control system
Division 173.C.3—Miscellaneous
173.295 Discontinuing design work on terminal instrument flight of a particular type
173.300 Discontinuing maintenance of terminal instrument flight procedures
173.305 Transfer of maintenance responsibility
Subpart 173.D—Performance of design work
173.310 Certified designer not to exceed the limitations of the designer’s procedure design certificate
173.315 Authorised designer not to exceed the limitations of authorisation
Subpart 173.E—Administration
Division 173.E.1—Grant of procedure design certificates and procedure design authorisations
173.330 CASA may require demonstrations of equipment etc
173.335 Grant of procedure design certificate or procedure design authorisation
173.345 CASA may grant certificate or authorisation subject to conditions
173.350 When decision must be made
Division 173.E.3—Directions to amend certified designer’s or authorised designer’s operations manual
173.375 CASA may direct amendments to designer’s operations manual
Division 173.E.4—Suspension and cancellation of procedure design certificates and procedure design authorisations
173.380 Suspension or cancellation of procedure design certificate or procedure design authorisation by CASA
Division 173.E.5—Authorised inspectors
173.390 CASA may appoint authorised inspectors
173.395 Identity card
173.400 Powers of authorised inspector
Part 175—Aeronautical information management
Subpart 175.A—Aeronautical information management—general
175.005 What Part 175 is about
175.010 Application of Part 175
175.015 Definitions for Part 175
175.020 References in Part 175 to Annexes 3, 4 and 15
175.025 Issue of Manual of Standards for Part 175
Subpart 175.B—Aeronautical information management—AIS providers
Division 175.B.1—AIS providers—general
175.030 Definitions for Subpart 175.B
175.035 Provision of AIS—requirement for certificate
Division 175.B.2—AIS provider certificates
175.040 AIS provider certificates—who may apply
175.045 AIS provider certificates—requirements for application
175.050 AIS provider certificates—CASA may ask for demonstration of service, facility or equipment
175.055 AIS provider certificates—issue of certificate
175.060 AIS provider certificates—approval of exposition
175.065 AIS provider certificates—conditions
175.067 AIS provider certificates—cancellation of certificate if cooperation or arrangement ceases
Division 175.B.3—AIS providers—changes
175.070 AIS providers—changes to services—matters included in certificate
175.075 AIS providers—other changes
175.080 AIS providers—CASA directions relating to exposition
175.085 AIS providers—notifying CASA of changes in circumstances
Division 175.B.4—AIS providers—requirements for provision of AIS
175.090 AIS providers—provision of AIS must comply with laws
175.095 AIS providers—compliance with exposition
175.100 AIS providers—provision of AIS must comply with standards
175.105 AIS providers—standards for development and publication of Integrated Aeronautical Information Package and aeronautical charts
175.110 AIS providers—standards for aeronautical data processing system
175.115 AIS providers—contravention of exposition or standards
175.120 AIS providers—NOTAM service
175.125 AIS providers—briefing service
175.130 AIS providers—post‑flight information service
175.135 AIS providers—CASA directions about NOTAMS for a location
175.140 AIS providers—aerodromes not covered by Part 139—removal of references in AIP
175.145 AIS providers—publication of aeronautical charts relating to areas etc. outside authority
Division 175.B.5—AIS providers—requirements about aeronautical data and aeronautical information
175.150 AIS providers—CASA directions relating to aeronautical data or aeronautical information
175.155 AIS providers—integrity of aeronautical data and aeronautical information
175.160 AIS providers—giving data product specifications to aeronautical data originators
175.165 AIS providers—revoking data product specifications
175.170 AIS providers—compliance with data product specification
175.175 AIS providers—correction and notification of errors and omissions in aeronautical data and aeronautical information
175.180 AIS providers—storage and security of aeronautical data and aeronautical information
175.185 AIS providers—timing of effective dates and distribution of certain documents and information
175.190 AIS providers—licence agreements with data service providers for supply of data sets
175.195 AIS providers—compliance with licence agreement
Division 175.B.6—AIS providers—organisational requirements
175.200 AIS providers—exposition
175.205 AIS providers—organisational structure
175.210 AIS providers—personnel—general
175.215 AIS providers—personnel—accountable manager
175.220 AIS providers—personnel—training and checking system for operational personnel
175.225 AIS providers—safety management system
175.230 AIS providers—quality management system
175.235 AIS providers—facilities, equipment, data and information
175.240 AIS providers—contingency plan
175.245 AIS providers—reference materials
175.250 AIS providers—annual review by accountable manager
175.255 AIS providers—records
175.260 AIS providers—retention period for aeronautical data, aeronautical information and records
Subpart 175.C—Aeronautical information management—data service providers
Division 175.C.1—Data service providers—general
175.265 Definitions for Subpart 175.C
175.270 Conduct of data service activity—requirement for certificate
175.275 CASA to publish list of data service providers
Division 175.C.2—Data service provider certificates
175.280 Data service provider certificates—who may apply
175.285 Data service provider certificates—requirements for application
175.290 Data service provider certificates—CASA may ask for demonstration of service, facility or equipment
175.295 Data service provider certificates—issue of certificate
175.300 Data service provider certificates—approval of exposition
175.305 Data service provider certificates—conditions
Division 175.C.3—Data service providers—changes
175.310 Data service providers—changes to authorised data service activities—matters included in certificate
175.315 Data service providers—other changes
175.320 Data service providers—CASA directions relating to exposition
175.325 Data service providers—notifying CASA of changes in circumstances
175.330 Data service providers—notifying CASA of intention to cease activities
Division 175.C.4—Data service providers—requirements for provision of data service
175.335 Data service providers—standards for data service provision
175.340 Data service providers—compliance with exposition
175.345 Data service providers—standards for aeronautical data processing system
Division 175.C.5—Data service providers—requirements about aeronautical data and aeronautical information
175.350 Data service providers—CASA directions to amend aeronautical data or aeronautical information
175.355 Data service providers—integrity of aeronautical data and aeronautical information
175.360 Data service providers—correction and notification of errors and omissions in aeronautical data and aeronautical information
175.365 Data service providers—storage and security of aeronautical data and aeronautical information
175.370 Data service providers—effective dates and validity of aeronautical data, information and charts
175.375 Data service providers—compliance with licence agreement with AIS providers
Division 175.C.6—Data service providers—organisational requirements
175.380 Data service providers—exposition
175.385 Data service providers—organisational structure
175.390 Data service providers—personnel—general
175.395 Data service providers—personnel—accountable manager
175.400 Data service providers—personnel—training and checking system for operational personnel
175.405 Data service providers—safety management system
175.410 Data service providers—quality management system
175.415 Data service providers—facilities, equipment, data and information
175.420 Data service providers—contingency plan
175.425 Data service providers—reference materials
175.430 Data service providers—annual review by accountable manager
175.435 Data service providers—records
175.440 Data service providers—retention period for aeronautical data, aeronautical information and records
Subpart 175.D—Aeronautical information management—aeronautical data originators
Division 175.D.1—Aeronautical data originators—general
175.445 Aeronautical data originators—AIP responsible person and NOTAM authorised persons
175.450 Aeronautical data originators—telling AIS provider of AIP responsible person and NOTAM authorised persons
175.455 Aeronautical data originators—requirement to provide updated aeronautical data or aeronautical information published other than in NOTAMS
175.460 Aeronautical data originators—requirements in relation to providing aeronautical data or aeronautical information published other than in NOTAMS
175.465 Aeronautical data originators—annual review of aeronautical data and aeronautical information
175.470 Aeronautical data originators—requirements in relation to requests for issue of NOTAMS
Division 175.D.2—Aeronautical data originators—Geoscience Australia
175.475 Aeronautical data originators—responsibilities of Geoscience Australia
Subpart 175.E—Aeronautical information management—objects and structures that affect aviation safety
175.480 Objects and structures that affect aviation safety—application of Subpart 175.E
175.485 Objects and structures that affect aviation safety—requests for data by AA
175.490 Objects and structures that affect aviation safety—requests for data from owners etc.
175.495 Objects and structures that affect aviation safety—requests for data from aerodrome operators
175.500 Objects and structures that affect aviation safety—requests for data from government authorities
Part 139—Aerodromes
Table of contents
Subpart 139.A—Preliminary
139.001 Simplified outline of this Part
139.005 Issue of Manual of Standards for Part 139
139.010 Approvals by CASA for Part 139
139.015 Effect on operation of other laws
Subpart 139.B—Aerodrome certificates
139.020 Application for aerodrome certificate
139.025 When aerodromes are required to have an aerodrome certificate
139.030 Grant of aerodrome certificate
139.035 Suspension or cancellation of aerodrome certificate by CASA
139.040 Notification requirement if aerodrome ceases to be certified
Subpart 139.C—Operation and maintenance of a certified aerodrome
Division 139.C.1—Aerodrome manual
139.045 Requirement to have aerodrome manual
139.050 Amendments of aerodrome manual
139.055 Compliance with aerodrome manual
139.060 Notice of non‑compliance with aerodrome manual
Division 139.C.2—Aerodrome facilities and equipment
139.065 Aerodrome facilities and equipment
139.070 Planning and carrying out aerodrome works
Division 139.C.3—Aerodrome inspections, monitoring and reporting
139.075 Aerodrome inspections
139.080 Reporting information to AIS providers
139.085 Reporting changes or occurrences at aerodromes
139.090 Monitoring airspace and reporting infringements
Division 139.C.4—Safety management, emergency preparedness and other systems
139.095 Safety management systems and risk management plans
139.100 Emergency preparedness and aerodrome emergency plans
139.105 Other aerodrome systems
Division 139.C.5—Aerodrome personnel
139.110 Aerodrome personnel
139.115 Training etc. of aerodrome personnel
139.120 Aerodrome personnel carrying out responsibilities
Division 139.C.6—Aerodrome ground surveillance systems
139.125 Condition on aerodrome certificate to operate aerodrome ground surveillance system
139.130 Requirements for aerodrome ground surveillance systems
Division 139.C.7—Other matters
139.135 Access to aerodromes to conduct tests
139.140 Requests for data from aerodrome operator
139.145 Requests for data from ATS providers
Subpart 139.D—Aerodrome radiocommunication services
Division 139.D.1—Frequency confirmation system
139.150 Frequency confirmation systems for aerodromes
Division 139.D.2—Air/ground radio service
139.155 Air/ground radio service must be approved
139.160 Requirements for operating certified air/ground radio service
Subpart 139.E—Hazards to aircraft operations
Division 139.E.1—Notifying potential hazards
139.165 Notifying CASA of certain proposed objects or structures
139.170 Notifying CASA of activities that create certain emissions sources
Division 139.E.2—Determination of hazards
139.175 Determination that certain existing objects, structures or emissions sources are a hazard to aircraft operations
139.180 Determination that certain proposed objects, structures or emissions sources are a hazard to aircraft operations
139.185 Kinds of objects, structures or emissions sources that may be hazards
Subpart 139.H—Aerodrome rescue and firefighting services
Division 139.H.1—General
139.700 Applicability of this Subpart
139.705 Definitions for this Subpart
139.710 Functions of ARFFS
139.711 Person not to provide service without approval
139.712 Issue of Manual of Standards
139.715 Effect of Manual of Standards
Division 139.H.3—Requirements to be complied with by ARFFS provider
139.750 Requirements in this Division
139.755 Definition for Division—applicable standards and requirements
139.760 Inconsistency between Manual and chapter 9 of Annex 14
139.765 Knowledge, equipment and expertise to deal with aviation hazards
139.770 General obligation to maintain service
139.771 Response time of ARFFS
139.772 Buildings and emergency facilities
139.773 Officer in charge
139.775 Notice about times service is available etc
139.780 Agreements with other fire fighting bodies
139.785 Stock of fire extinguishing agents
139.795 Extinguishing equipment and vehicles
139.800 Other vehicles and equipment
139.805 Vehicles and equipment for firefighting and rescue in difficult environments
139.810 Commissioning of certain equipment
139.815 Protective clothing and equipment
139.820 Communications
139.825 Test and maintenance equipment
139.830 Commissioning of new vehicles and equipment
139.835 Number of operating personnel
139.840 Medical standard of firefighters
139.845 Qualifications and training of firefighters
139.850 Operations manual
139.855 Amendment of operations manual
139.860 Voice data recording
139.865 Record of accidents or incidents
139.870 Contingency plan
139.875 Records management
139.880 Organisation
139.885 System for rectification of service failures
139.890 Quality control
139.895 Change management
139.900 Safety management
139.905 Applicant’s organisation
139.910 Telling users and CASA about changes
Division 139.H.4—Conduct of ARFFS operations
139.915 Powers of officer in charge or firefighter
Division 139.H.5—Administration
139.920 Definition for Division
139.925 How to apply for approval as ARFFS provider
139.965 When CASA must grant approval
139.970 When decision must be made
139.995 Application for variation of approval
139.1005 Suspension or continued suspension of approval by show cause notice
139.1010 Grounds for cancellation of approval
139.1015 Notice to approved ARFFS provider to show cause
139.1020 Cancellation of approval after show cause notice
139.1022 Cancellation if holder ceases to provide ARFFS
Subpart 139.A—Preliminary
139.001 Simplified outline of this Part
• The operator of an aerodrome may apply to CASA for an aerodrome certificate. An aerodrome that has an aerodrome certificate is a certified aerodrome.
• Certain aerodromes are required to be certified. Generally these are aerodromes with terminal instrument flight procedures. Other aerodromes can opt to become certified.
• The operator of a certified aerodrome must meet certain requirements for operating and maintaining the aerodrome. The Part 139 Manual of Standards has detailed requirements (which may be different for different classes of aerodrome).
• An aerodrome (whether certified or not) that provides a frequency confirmation service or air/ground radio service must also meet certain requirements.
• Some objects, structures or emissions sources can create a hazard to aircraft operations at an aerodrome and more generally. CASA can make determinations that such things are hazards, and must be notified of proposed building or other activity that will potentially create such hazards.
• Providers of aerodrome rescue and firefighting services must be approved by CASA and must comply with operating and technical standards.
Note 1: Aerodrome is defined in section 3 of the Act. For the reference in that definition to an area being authorised under the regulations for use as an aerodrome, see also regulation 92 of CAR.
Note 2: There are requirements relating to aerodromes that are not in this Part. For example:
(a) aerodrome operators may have obligations about use of aerodromes (Part 9 of CAR) or drug and alcohol management plans (Part 99), or as aeronautical data originators (Part 175); and
(b) aerodromes may need to meet certain requirements to support operational rules that apply to aircraft operators and pilots (such as in Part 121).
Note 3: Other legislation apart from these Regulations may regulate aspects of aerodromes, such as the Air Navigation Act 1920, the Airports Act 1996, the Air Services Act 1995, the Airspace Act 2007 and regulations made under those Acts.
139.005 Issue of Manual of Standards for Part 139
For the purposes of subsection 98(5A) of the Act, CASA may issue a Manual of Standards for this Part prescribing matters:
(a) required or permitted by these Regulations to be prescribed by the Part 139 Manual of Standards; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Part.
139.010 Approvals by CASA for Part 139
(1) If a provision of this Part refers to a person holding an approval under this regulation, a person may apply to CASA, in writing, for the approval.
(2) Subject to regulation 11.055, the approval must be granted.
(3) Subregulation 11.055(1B) applies to the granting of an approval under this regulation.
139.015 Effect on operation of other laws
Nothing in this Part affects the operation of the following:
(a) the Airports (Building Control) Regulations 1996;
(b) the Airports (Protection of Airspace) Regulations 1996;
(c) the Airports (Control of On‑Airport Activities) Regulations 1997.
Subpart 139.B—Aerodrome certificates
139.020 Application for aerodrome certificate
(1) A person may apply to CASA, in writing, for an aerodrome certificate for an aerodrome.
(2) The application must be accompanied by a copy of the applicant’s proposed aerodrome manual for the aerodrome.
(3) Regulation 11.045 applies in relation to an aerodrome certificate.
139.025 When aerodromes are required to have an aerodrome certificate
(1) The operator of an aerodrome must hold an aerodrome certificate for the aerodrome if:
(a) there is a terminal instrument flight procedure for the aerodrome; and
(b) the procedure is not only for use in a specialised helicopter operation.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
139.030 Grant of aerodrome certificate
Subject to regulation 11.055, CASA must grant an aerodrome certificate to an applicant if CASA is satisfied that:
(a) the aerodrome facilities and equipment comply with this Part and the Part 139 Manual of Standards; and
(b) the proposed aerodrome manual for the aerodrome complies with the requirements mentioned in regulation 139.045; and
(c) the aerodrome complies with the requirements that apply in relation to the aerodrome under Division 139.C.4 (safety management, emergency preparedness and other systems); and
(d) the applicant would, if the certificate were granted, be able to operate and maintain the aerodrome safely and in accordance with the aerodrome manual for the aerodrome and the civil aviation legislation.
139.035 Suspension or cancellation of aerodrome certificate by CASA
(1) CASA may, by written notice given to the holder of an aerodrome certificate, suspend or cancel the certificate if CASA reasonably believes that:
(a) the aerodrome facilities and equipment do not comply with this Part or the Part 139 Manual of Standards; or
(b) the aerodrome manual for the aerodrome does not comply with the requirements mentioned in regulation 139.045; or
(c) the aerodrome does not comply with the requirements that apply in relation to the aerodrome under Division 139.C.4 (safety management, emergency preparedness and other systems); or
(d) the holder is not operating or maintaining the aerodrome safely and in accordance with the aerodrome manual for the aerodrome and the civil aviation legislation; or
(e) the holder has failed to operate and maintain the aerodrome with a reasonable degree of care and diligence; or
(f) a condition to which the certificate is subject has been breached; or
(g) the aerodrome facilities and equipment, or the operations or maintenance of the aerodrome, are not of the standard necessary in the interests of the safety of air navigation; or
(h) the holder has failed to comply with regulation 139.135.
(2) Before suspending or cancelling an aerodrome certificate, CASA must:
(a) give to the holder a show cause notice that:
(i) sets out the facts and circumstances that, in the opinion of CASA, would justify the suspension or cancellation; and
(ii) invites the holder to show cause, in writing, within 30 days after the date of the notice, why the certificate should not be suspended or cancelled; and
(b) take into account any written submissions that the holder makes to CASA within the time allowed under subparagraph (a)(ii).
(3) Suspension or cancellation under this regulation has effect:
(a) if a time is specified in the notice given by CASA under subregulation (1)—at that time; or
(b) otherwise—at the time the holder is given the written notice under subregulation (1).
(4) Suspension under this regulation ceases to have effect:
(a) if the notice given by CASA under subregulation (1) specifies a time at which the suspension is to cease—at that time; or
(b) otherwise—at the time CASA directs, by written notice to the person who, immediately before the suspension, was the holder of the aerodrome certificate.
(5) If an aerodrome certificate is suspended under this regulation, the certificate is not in force during the period of the suspension.
139.040 Notification requirement if aerodrome ceases to be certified
(1) The operator of an aerodrome contravenes this subregulation if:
(a) the operator holds an aerodrome certificate for the aerodrome; and
(b) the aerodrome ceases to be a certified aerodrome because the aerodrome certificate has been suspended or cancelled under these Regulations or the Act; and
(c) the operator does not, as soon as possible after the cessation, give written notice of the cessation to:
(i) the AIS; and
(ii) if the aerodrome has one or more terminal instrument flight procedures—each certified designer (within the meaning of regulation 173.015) responsible for maintaining a terminal instrument flight procedure for the aerodrome.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 10 penalty units.
Subpart 139.C—Operation and maintenance of a certified aerodrome
Division 139.C.1—Aerodrome manual
139.045 Requirement to have aerodrome manual
(1) The operator of a certified aerodrome must have an aerodrome manual for the aerodrome that complies with the requirements prescribed by the Part 139 Manual of Standards.
(2) Without limiting subregulation (1), the Part 139 Manual of Standards may prescribe requirements relating to the following:
(a) the information that must be included in an aerodrome manual;
(b) keeping an aerodrome manual up‑to‑date;
(c) the accessibility of an aerodrome manual.
(3) The operator of a certified aerodrome contravenes this subregulation if:
(a) the operator is subject to a requirement mentioned in subregulation (1); and
(b) the operator does not comply with the requirement.
(4) A person commits an offence of strict liability if the person contravenes subregulation (3).
Penalty: 10 penalty units.
139.050 Amendments of aerodrome manual
(1) If the operator of a certified aerodrome amends the aerodrome manual for the aerodrome, the operator must:
(a) give CASA written notice of the amendment and a copy of the amended part of the aerodrome manual clearly identifying the amendment; and
(b) do so within 30 days after the amendment is made.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 5 penalty units.
139.055 Compliance with aerodrome manual
(1) The operator of a certified aerodrome must operate the aerodrome in accordance with the procedures set out in the aerodrome’s aerodrome manual.
Note: Section 3 of the Act defines operate, in relation to an aerodrome, to include manage, maintain and improve the aerodrome.
(2) However, subregulation (1) does not apply to the operator if:
(a) the operator does not comply with the procedures set out in the aerodrome’s aerodrome manual; and
(b) the non‑compliance is necessary to ensure the safety of aircraft, aircraft operations or individuals using the aerodrome; and
(c) the operator tells CASA of the non‑compliance in accordance with regulation 139.060.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 25 penalty units.
Note: A defendant bears an evidential burden in relation to the matter in subregulation (2): see subsection 13.3(3) of the Criminal Code.
139.060 Notice of non‑compliance with aerodrome manual
(1) This regulation applies if the operator of a certified aerodrome does not comply with a procedure set out in the aerodrome’s aerodrome manual as mentioned in paragraphs 139.055(2)(a) and (b).
(2) The operator must tell CASA, in writing, of the non‑compliance within 30 days after the non‑compliance.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 5 penalty units.
Division 139.C.2—Aerodrome facilities and equipment
139.065 Aerodrome facilities and equipment
(1) The Part 139 Manual of Standards may prescribe requirements relating to aerodrome facilities and equipment for certified aerodromes.
(2) Without limiting subregulation (1), the Part 139 Manual of Standards may prescribe requirements relating to the following:
(a) the physical characteristics of the movement area of an aerodrome;
(b) visual aids for the movement area and other areas of an aerodrome;
(c) the maintenance of visual aids at an aerodrome;
(d) wind direction indicators at an aerodrome;
(e) visual approach slope indicator systems at an aerodrome;
(f) lighting systems at an aerodrome;
(g) reference code systems at an aerodrome;
(h) the installation, operation or maintenance of aerodrome facilities and equipment;
(i) access to an aerodrome, including requirements relating to fencing for the aerodrome;
(j) design requirements to avoid the creation of hazards from aircraft propulsion systems at an aerodrome.
(3) The operator of a certified aerodrome must ensure that the aerodrome facilities and equipment for the aerodrome comply with the requirements mentioned in subregulation (1).
(4) A person commits an offence of strict liability if the person contravenes subregulation (3).
Penalty: 10 penalty units.
139.070 Planning and carrying out aerodrome works
(1) The Part 139 Manual of Standards may prescribe requirements relating to the following:
(a) planning aerodrome works at a certified aerodrome;
(b) giving notice of planned aerodrome works at a certified aerodrome;
(c) carrying out aerodrome works at a certified aerodrome.
(2) The operator of a certified aerodrome contravenes this subregulation if:
(a) the operator is subject to a requirement mentioned in subregulation (1); and
(b) the requirement is not met.
(3) The operator of a certified aerodrome must ensure that any aerodrome works at the aerodrome are carried out in a way that does not create a hazard to aircraft or cause confusion to pilots.
(4) A person commits an offence of strict liability if the person contravenes subregulation (2) or (3).
Penalty: 10 penalty units.
Division 139.C.3—Aerodrome inspections, monitoring and reporting
139.075 Aerodrome inspections
(1) The Part 139 Manual of Standards may prescribe requirements relating to aerodrome inspections.
(2) Without limiting subregulation (1), the Part 139 Manual of Standards may prescribe requirements relating to the following:
(a) different kinds of inspections that must be conducted;
(b) aerodrome facilities and equipment that must be inspected as part of inspections;
(c) when inspections must be conducted;
(d) the qualifications and experience of persons conducting inspections;
(e) records of inspections that the operator of an aerodrome must keep;
(f) reports of inspections that the operator of an aerodrome must provide to CASA;
(g) notifications that the operator of an aerodrome must give to CASA in relation to matters identified in inspections.
(3) The operator of a certified aerodrome contravenes this subregulation if:
(a) the operator is subject to a requirement mentioned in subregulation (1); and
(b) the requirement is not met.
(4) A person commits an offence of strict liability if the person contravenes subregulation (3).
Penalty: 10 penalty units.
139.080 Reporting information to AIS providers
(1) The Part 139 Manual of Standards may prescribe requirements relating to the operator of a certified aerodrome reporting information to an AIS provider.
(2) Without limiting subregulation (1), the Part 139 Manual of Standards may prescribe requirements relating to the following:
(a) information that must be reported;
(b) the form and manner in which information must be reported;
(c) establishing procedures for reporting.
(3) The operator of a certified aerodrome contravenes this subregulation if:
(a) the operator is subject to a requirement mentioned in subregulation (1); and
(b) the requirement is not met.
(4) A person commits an offence of strict liability if the person contravenes subregulation (3).
Penalty: 10 penalty units.
139.085 Reporting changes or occurrences at aerodromes
(1) The Part 139 Manual of Standards may prescribe requirements relating to reporting changes or occurrences at certified aerodromes.
(2) Without limiting subregulation (1), the Part 139 Manual of Standards may prescribe requirements relating to the following:
(a) changes or occurrences at a certified aerodrome that must be reported;
(b) persons to whom changes or occurrences must be reported;
(c) how changes or occurrences must be reported;
(d) information that must be reported;
(e) the form and manner in which information must be reported;
(f) establishing procedures for reporting.
(3) The operator of a certified aerodrome contravenes this subregulation if:
(a) the operator is subject to a requirement mentioned in subregulation (1); and
(b) the requirement is not met.
(4) A person commits an offence of strict liability if the person contravenes subregulation (3).
Penalty: 10 penalty units.
139.090 Monitoring airspace and reporting infringements
(1) The Part 139 Manual of Standards may prescribe requirements relating to:
(a) monitoring the airspace around a certified aerodrome for infringements, or potential infringements, of the airspace; and
(b) reporting such infringements, or potential infringements.
(2) Without limiting subregulation (1), the Part 139 Manual of Standards may prescribe requirements relating to the following:
(a) monitoring the obstacle limitation surfaces of an aerodrome;
(b) monitoring other surfaces and obstacles associated with the airspace around an aerodrome;
(c) establishing procedures for monitoring;
(d) kinds of infringements that must be monitored for and reported;
(e) persons to whom infringements must be reported;
(f) how infringements must be reported;
(g) information that must be reported;
(h) the form and manner in which information must be reported;
(i) establishing procedures for reporting.
(3) To avoid doubt, and without limiting subregulation (1) or (2), an infringement of airspace may include a gaseous efflux or other emissions source that affects the airspace.
(4) The operator of a certified aerodrome contravenes this subregulation if:
(a) the operator is subject to a requirement mentioned in subregulation (1); and
(b) the requirement is not met.
(5) A person commits an offence of strict liability if the person contravenes subregulation (4).
Penalty: 10 penalty units.
Division 139.C.4—Safety management, emergency preparedness and other systems
139.095 Safety management systems and risk management plans
(1) The Part 139 Manual of Standards may prescribe:
(a) the circumstances in which a certified aerodrome must have a safety management system; and
(b) requirements relating to safety management systems for aerodromes; and
(c) the circumstances in which a certified aerodrome must have a risk management plan; and
(d) requirements relating to risk management plans for aerodromes.
(2) The operator of a certified aerodrome contravenes this subregulation if:
(a) the Part 139 Manual of Standards requires the aerodrome to have a safety management system; and
(b) any of the following apply:
(i) the aerodrome does not have a safety management system;
(ii) a requirement mentioned in paragraph (1)(b) that applies in relation to the safety management system for the aerodrome is not met;
(iii) a procedure under the safety management system for the aerodrome is not complied with.
(3) The operator of a certified aerodrome contravenes this subregulation if:
(a) the Part 139 Manual of Standards requires the aerodrome to have a risk management plan; and
(b) either:
(i) the aerodrome does not have a risk management plan; or
(ii) a requirement mentioned in paragraph (1)(d) that applies in relation to the risk management plan for the aerodrome is not met.
(4) A person commits an offence of strict liability if the person contravenes subregulation (2) or (3).
Penalty: 10 penalty units.
139.100 Emergency preparedness and aerodrome emergency plans
(1) The Part 139 Manual of Standards may prescribe:
(a) requirements relating to emergency preparedness of aerodromes; and
(b) the circumstances in which a certified aerodrome must have an aerodrome emergency plan; and
(c) requirements relating to aerodrome emergency plans for aerodromes.
(2) Without limiting subregulation (1), the Part 139 Manual of Standards may prescribe requirements relating to the following:
(a) maintaining and reviewing aerodrome emergency plans;
(b) conducting emergency exercises to test the adequacy of procedures and facilities provided for in an aerodrome emergency plan;
(c) keeping and retaining records of reviews of an aerodrome emergency plan and exercises conducted to test the plan.
(3) The operator of a certified aerodrome contravenes this subregulation if:
(a) the operator is subject to a requirement relating to emergency preparedness mentioned in paragraph (1)(a); and
(b) the requirement is not met.
(4) The operator of a certified aerodrome contravenes this subregulation if:
(a) the Part 139 Manual of Standards requires the aerodrome to have an aerodrome emergency plan; and
(b) either:
(i) the aerodrome does not have an aerodrome emergency plan; or
(ii) a requirement mentioned in paragraph (1)(c) that applies in relation to the aerodrome emergency plan for the aerodrome is not met.
(5) A person commits an offence of strict liability if the person contravenes subregulation (3) or (4).
Penalty: 10 penalty units.
139.105 Other aerodrome systems
(1) The Part 139 Manual of Standards may prescribe:
(a) a kind of system (other than a safety management system) that an aerodrome must have, including (but not limited to) the following:
(i) a wildlife hazard management system;
(ii) an airside vehicle control system;
(iii) an aircraft parking control system; and
(b) the circumstances in which a certified aerodrome must have a system of a kind mentioned in paragraph (a); and
(c) requirements relating to that kind of system.
(2) The operator of a certified aerodrome contravenes this subregulation if:
(a) the Part 139 Manual of Standards requires the aerodrome to have a system of a kind mentioned in paragraph (1)(a); and
(b) any of the following apply:
(i) the aerodrome does not have a system of that kind;
(ii) a requirement mentioned in paragraph (1)(c) that applies in relation to the system for the aerodrome is not met;
(iii) a procedure under the system for the aerodrome is not complied with.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 10 penalty units.
Division 139.C.5—Aerodrome personnel
139.110 Aerodrome personnel
Requirement to have personnel
(1) The operator of a certified aerodrome must have personnel who carry out the responsibilities of the following positions for the aerodrome:
(a) accountable manager;
(b) reporting officer;
(c) if aerodrome works are being carried out at the aerodrome—works safety officer;
(d) any other position prescribed by the Part 139 Manual of Standards.
(2) Without limiting subregulation (1):
(a) the personnel of an operator of a certified aerodrome may include any of the following persons:
(i) an employee of the operator;
(ii) a person engaged by the operator (whether by contract or other arrangement) to provide services to the operator;
(iii) an employee of a person mentioned in subparagraph (ii); and
(b) more than one person may carry out the responsibilities of a position mentioned in subregulation (1).
(3) The operator of a certified aerodrome contravenes this subregulation if the operator does not have the personnel for the aerodrome mentioned in subregulation (1).
(4) A person commits an offence of strict liability if the person contravenes subregulation (3).
Penalty: 20 penalty units.
Accountable manager
(5) The responsibilities of an accountable manager for a certified aerodrome are:
(a) ensuring that the operator of the aerodrome complies with the civil aviation legislation; and
(b) ensuring that the operator of the aerodrome operates and maintains the aerodrome safely and with a reasonable degree of care and diligence; and
(c) ensuring that the operator of the aerodrome operates and maintains the aerodrome in accordance with the aerodrome manual for the aerodrome.
Reporting officer
(6) The responsibilities of a reporting officer for a certified aerodrome are:
(a) monitoring the serviceability of the aerodrome; and
(b) reporting information to AIS providers as required under regulation 139.080; and
(c) reporting changes or occurrences at the aerodrome as required under regulation 139.085; and
(d) monitoring airspace and reporting as required under regulation 139.090.
Works safety officer
(7) The responsibilities of a works safety officer for a certified aerodrome are ensuring aerodrome safety while aerodrome works are being carried out at the aerodrome.
139.115 Training etc. of aerodrome personnel
(1) The Part 139 Manual of Standards may prescribe requirements relating to the training, knowledge, qualifications or experience of personnel carrying out the responsibilities of positions mentioned in subregulation 139.110(1).
(2) The operator of a certified aerodrome contravenes this subregulation if:
(a) a person who is a member of the operator’s personnel for the aerodrome carries out the responsibilities of a position mentioned in subregulation 139.110(1); and
(b) the person does not meet the requirements relating to the position mentioned in subregulation (1) of this regulation.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 20 penalty units.
139.120 Aerodrome personnel carrying out responsibilities
(1) The Part 139 Manual of Standards may prescribe requirements relating to personnel carrying out the responsibilities of positions mentioned in subregulation 139.110(1).
(2) The operator of a certified aerodrome contravenes this subregulation if:
(a) a person who is a member of the operator’s personnel for the aerodrome carries out the responsibilities of a position mentioned in subregulation 139.110(1); and
(b) the person does not meet a requirement relating to the position mentioned in subregulation (1) of this regulation.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 20 penalty units.
Division 139.C.6—Aerodrome ground surveillance systems
139.125 Condition on aerodrome certificate to operate aerodrome ground surveillance system
Request by ATS provider for condition to be imposed or varied
(1) An ATS provider for a certified aerodrome may request CASA:
(a) to impose a condition on the aerodrome certificate that an aerodrome ground surveillance system must operate in relation to one or more areas of the aerodrome; or
(b) if such a condition has been imposed on the aerodrome certificate—to vary the condition.
(2) A request under paragraph (1)(a) must:
(a) specify the areas of the aerodrome in relation to which the aerodrome ground surveillance system is to operate; and
(b) include a safety assessment demonstrating that the use of an aerodrome ground surveillance system is necessary to ensure the safe control of aircraft and vehicles operating in those areas of the aerodrome.
(3) A request under paragraph (1)(b) must:
(a) if the variation includes a change to the areas of the aerodrome in relation to which an aerodrome ground surveillance system operates—specify the changes to those areas; and
(b) include a safety assessment demonstrating that the requested variation in relation to the use of an aerodrome ground surveillance system is necessary to ensure the safe control of aircraft and vehicles operating in the relevant areas of the aerodrome.
(4) Before making a request under subregulation (1), the ATS provider must consult the operator of the aerodrome in relation to the request.
CASA may impose or vary condition
(5) CASA may, in accordance with regulation 11.067:
(a) impose the condition mentioned in subregulation (1) of this regulation on an aerodrome certificate; or
(b) if such a condition has been imposed on the aerodrome certificate—vary the condition.
Note: For breach of a condition imposed under regulation 11.067, see the offence in regulation 11.077.
(6) The condition may include requirements relating to the aerodrome ground surveillance system to be operated.
(7) The condition, or variation of the condition, may be different from the condition or variation requested by the ATS provider.
Notice of decisions etc.
(8) If CASA decides to impose or vary the condition mentioned in subregulation (1):
(a) CASA must give notice of the decision to both the ATS provider and the holder of the aerodrome certificate; and
(b) the time the condition or variation takes effect must not be less than 6 months after the date of the notice of the decision.
(9) If CASA decides to refuse a request from an ATS provider under subregulation (1), CASA must:
(a) give written notice of the decision, and the reasons for the decision, to the ATS provider; and
(b) do so as soon as practicable.
CASA’s other powers to impose or vary conditions not affected
(10) This regulation does not limit any other power of CASA to impose a condition on an aerodrome certificate or vary a condition of an aerodrome certificate.
Note: See for example the powers in regulations 11.056, 11.067 and 11.068.
139.130 Requirements for aerodrome ground surveillance systems
(1) The Part 139 Manual of Standards may prescribe requirements relating to aerodrome ground surveillance systems.
(2) Without limiting subregulation (1), the Part 139 Manual of Standards may prescribe requirements relating to the following:
(a) surveillance and communications equipment that must be installed on vehicles moving in areas of an aerodrome in which an aerodrome ground surveillance system operates;
(b) establishing procedures for vehicle movements in areas of an aerodrome in which an aerodrome ground surveillance system operates.
(3) The operator of a certified aerodrome contravenes this subregulation if:
(a) it is a condition of the aerodrome certificate that an aerodrome ground surveillance system operate in relation to the aerodrome; and
(b) a requirement mentioned in subregulation (1) applies in relation to the aerodrome ground surveillance system; and
(c) the requirement is not met.
(4) A person commits an offence of strict liability if the person contravenes subregulation (3).
Penalty: 25 penalty units.
Division 139.C.7—Other matters
139.135 Access to aerodromes to conduct tests
(1) The operator of a certified aerodrome must allow CASA to conduct tests of aerodrome facilities and equipment for the aerodrome, or operating procedures at the aerodrome, for the purpose of ensuring the safety of aircraft.
(2) The operator must allow CASA access to any part of the aerodrome, any aerodrome facilities and equipment for the aerodrome or any of the operator’s records relating to the aerodrome for the purposes of subregulation (1).
(3) CASA:
(a) must give reasonable notice of any tests to be conducted to the operator; and
(b) must carry out the tests at a reasonable time.
(4) The operation of regulation 305 of CAR is not limited by subregulation (1) or (2) of this regulation.
139.140 Requests for data from aerodrome operator
(1) CASA may, by written notice given to the operator of a certified aerodrome, request the operator to provide aircraft movement data of a kind prescribed by the Part 139 Manual of Standards for the purposes of this subregulation.
(2) Without limiting subregulation (1), the Part 139 Manual of Standards may prescribe data relating to the following:
(a) the number of aircraft using the aerodrome;
(b) the type of aircraft using the aerodrome.
(3) A person contravenes this subregulation if:
(a) CASA gives the person a request under subregulation (1); and
(b) the person does not comply with the request within the period mentioned in subregulation (4).
(4) The person must comply with the request within:
(a) if paragraph (b) does not apply—28 days after the request is given; or
(b) if CASA specifies a longer period in the request—that period.
(5) Subregulation (3) does not apply if:
(a) the person does not possess the data requested; and
(b) the person has taken all reasonable steps available to the person to obtain the data requested and has been unable to obtain the data.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (5): see subsection 13.3(3) of the Criminal Code.
(6) A person commits an offence of strict liability if the person contravenes subregulation (3).
Penalty: 10 penalty units.
139.145 Requests for data from ATS providers
(1) CASA may, by written notice given to an ATS provider, request the ATS provider to provide aircraft movement data of a kind prescribed by the Part 139 Manual of Standards for the purposes of this subregulation.
(2) Without limiting subregulation (1), the Part 139 Manual of Standards may prescribe data relating to the following:
(a) the number of aircraft using an aerodrome;
(b) the type of aircraft using an aerodrome;
(c) the nature of the operations undertaken by aircraft at an aerodrome;
(d) the flight rules applying to aircraft at an aerodrome.
(3) The ATS provider must comply with the request within:
(a) if paragraph (b) does not apply—28 days after the request is given; or
(b) if CASA specifies a longer period in the request—that period.
Subpart 139.D—Aerodrome radiocommunication services
Division 139.D.1—Frequency confirmation system
139.150 Frequency confirmation systems for aerodromes
(1) The Part 139 Manual of Standards may prescribe:
(a) the circumstances in which a certified aerodrome must have a frequency confirmation system for the aerodrome; and
(b) requirements relating to frequency confirmation systems for aerodromes.
(2) The operator of an aerodrome contravenes this subregulation if:
(a) the aerodrome has a frequency confirmation system; and
(b) a requirement mentioned in paragraph (1)(b) that applies in relation to the frequency confirmation system for the aerodrome is not met.
(3) The operator of a certified aerodrome contravenes this subregulation if:
(a) the Part 139 Manual of Standards requires the aerodrome to have a frequency confirmation system; and
(b) the aerodrome does not have a frequency confirmation system.
(4) A person commits an offence of strict liability if the person contravenes subregulation (2) or (3).
Penalty: 10 penalty units.
Division 139.D.2—Air/ground radio service
139.155 Air/ground radio service must be approved
(1) The operator of an aerodrome contravenes this subregulation if:
(a) there is an air/ground radio service for the aerodrome; and
(b) the operator does not hold an approval under regulation 139.010 for the air/ground radio service.
(2) CASA may grant an approval mentioned in paragraph (1)(b) only if CASA is satisfied that the service meets the requirements for an air/ground radio service prescribed by the Part 139 Manual of Standards.
(3) Regulation 11.045 applies in relation to approval of an air/ground radio service.
(4) An air/ground radio service for which there is an approval mentioned in paragraph (1)(b) is a certified air/ground radio service.
(5) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 10 penalty units.
139.160 Requirements for operating certified air/ground radio service
Operator of radio service must hold approval
(1) The operator of an aerodrome contravenes this subregulation if:
(a) there is a certified air/ground radio service for the aerodrome; and
(b) the service is operated by a person who does not hold an approval under regulation 139.010 to operate the service.
(2) CASA may grant an approval mentioned in paragraph (1)(b) only if CASA is satisfied that the person meets the requirements for operating a certified air/ground radio service prescribed by the Part 139 Manual of Standards.
Part 139 Manual of Standards may prescribe requirements
(3) The Part 139 Manual of Standards may prescribe requirements relating to the operation of certified air/ground radio services.
(4) Without limiting subregulation (3), the Part 139 Manual of Standards may prescribe requirements relating to the following:
(a) the facilities to be provided for the operation of a certified air/ground radio service;
(b) when a certified air/ground radio service must be operating for an aerodrome;
(c) documenting operational procedures for a certified air/ground radio service;
(d) information and notifications about a certified air/ground radio service for an aerodrome that the operator of the aerodrome must provide to the NOTAM Office.
(5) The operator of an aerodrome contravenes this subregulation if:
(a) there is a certified air/ground radio service for the aerodrome; and
(b) a requirement mentioned in subregulation (3) applies in relation to the service; and
(c) the requirement is not met.
Offence
(6) A person commits an offence of strict liability if the person contravenes subregulation (1) or (5).
Penalty: 10 penalty units.
Subpart 139.E—Hazards to aircraft operations
Division 139.E.1—Notifying potential hazards
139.165 Notifying CASA of certain proposed objects or structures
(1) This regulation applies if a person proposes to construct or erect an object or structure that:
(a) will have a height of 100 metres or more above ground level; or
(b) will include an emissions source that generates a gaseous efflux with a velocity exceeding 4.3 metres per second at the point of emission; or
(c) is of a kind prescribed by the Part 139 Manual of Standards.
(2) The person must, as soon as practicable after forming the intention to construct or erect the proposed object or structure, give written notice to CASA of the following:
(a) the proposal;
(b) the proposed height and location of the object or structure;
(c) if the object or structure includes an emissions source—the details of the velocity and location of the emissions;
(d) the proposed timeframe for constructing or erecting the object or structure;
(e) any other information about the proposal that is prescribed by the Part 139 Manual of Standards for the purposes of this paragraph.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 10 penalty units.
(4) The kinds of objects or structures that may be prescribed by the Part 139 Manual of Standards under paragraph (1)(c) are not limited by paragraph (1)(a) or (b).
Note: See also Subpart 175.E in relation to requests for data about objects or structures that affect aviation safety.
139.170 Notifying CASA of activities that create certain emissions sources
(1) This regulation applies if a person proposes to undertake an activity (other than constructing or erecting an object or structure) that will create an emissions source that:
(a) generates a gaseous efflux with a velocity exceeding 4.3 metres per second at the point of emission; or
(b) is of a kind prescribed by the Part 139 Manual of Standards.
(2) The person must, as soon as practicable after forming the intention to undertake the proposed activity, give written notice to CASA of the following:
(a) the proposal;
(b) the proposed location of the activity;
(c) the proposed timeframe for undertaking the activity;
(d) the details of the emissions source that will be created;
(e) any other information about the proposal that is prescribed by the Part 139 Manual of Standards for the purposes of this paragraph.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 10 penalty units.
(4) The kinds of emissions sources that may be prescribed by the Part 139 Manual of Standards under paragraph (1)(b) are not limited by paragraph (1)(a).
Division 139.E.2—Determination of hazards
139.175 Determination that certain existing objects, structures or emissions sources are a hazard to aircraft operations
(1) CASA may determine, in writing, that an object or structure that:
(a) has a height of 100 metres or more above ground level; or
(b) includes an emissions source that generates a gaseous efflux with a velocity exceeding 4.3 metres per second at the point of emission; or
(c) is of a kind mentioned in regulation 139.185;
is a hazard to aircraft operations.
(2) CASA may determine, in writing, that an emissions source that:
(a) generates a gaseous efflux with a velocity exceeding 4.3 metres per second at the point of emission; or
(b) is of a kind mentioned in regulation 139.185;
is a hazard to aircraft operations.
(3) If CASA makes a determination under subregulation (1) or (2), CASA must:
(a) publish in the AIP or NOTAMS the particulars of the hazard to which the determination relates, unless the hazard is of a kind that the operator of a certified aerodrome is required to report under Division 139.C.3 (aerodrome inspections, monitoring and reporting); and
(b) if CASA can identify a person who owns, or is in occupation or control of, the object, structure or emissions source—give written notice of the determination to the person.
139.180 Determination that certain proposed objects, structures or emissions sources are a hazard to aircraft operations
(1) If there is a proposal to construct or erect an object or structure that:
(a) will have a height of 100 metres or more above ground level; or
(b) will include an emissions source that generates a gaseous efflux with a velocity exceeding 4.3 metres per second at the point of emission; or
(c) is of a kind mentioned in regulation 139.185;
CASA may determine, in writing, that the proposed object or structure will be a hazard to aircraft operations.
(2) If there is a proposal to undertake an activity (other than constructing or erecting an object or structure) that will create an emissions source that:
(a) generates a gaseous efflux with a velocity exceeding 4.3 metres per second at the point of emission; or
(b) is of a kind mentioned in regulation 139.185;
CASA may determine, in writing, that the proposed activity will be a hazard to aircraft operations.
(3) If CASA makes a determination under subregulation (1) or (2), CASA must give written notice of the determination to:
(a) the person proposing to construct or erect the object or structure, or undertake the activity; and
(b) if the approval of an authority is required to construct or erect the object or structure, or undertake the activity—the authority.
139.185 Kinds of objects, structures or emissions sources that may be hazards
(1) For the purposes of regulations 139.175 and 139.180, the Part 139 Manual of Standards may prescribe:
(a) kinds of objects or structures that may constitute a hazard to aircraft operations; and
(b) kinds of emissions sources that may constitute a hazard to aircraft operations.
(2) The kinds of objects or structures that may be prescribed by the Part 139 Manual of Standards under subregulation (1) are not limited by paragraph 139.175(1)(a) or (b) or 139.180(1)(a) or (b).
(3) The kinds of emissions sources that may be prescribed by the Part 139 Manual of Standards under subregulation (1) are not limited by paragraph 139.175(2)(a) or 139.180(2)(a).
Note: For powers to remove or mark hazards affecting an aerodrome, see the following:
(a) Division 9 of Part 9 of CAR;
(b) the Civil Aviation (Buildings Control) Regulations 1988;
(c) Part 12 of the Airports Act 1996 and the Airports (Protection of Airspace) Regulations 1996.
Subpart 139.H—Aerodrome rescue and firefighting services
Note: As a signatory to the Chicago Convention, Australia is obliged to require, as part of its domestic law, that certain classes of airport provide rescue and firefighting services of an adequate standard. (See generally section 9.2 of chapter 9 of Annex 14 to the Chicago Convention.) To satisfy that obligation, this Subpart requires operators of aerodromes that have scheduled international traffic, or specified levels of domestic passenger traffic, to provide those services, and sets out the standards that apply to such services. Aerodromes that are not obliged to provide an ARFFS may choose to do so, and this Subpart will apply to a service so provided until the operator gives reasonable notice that it will no longer provide such a service.
Division 139.H.1—General
139.700 Applicability of this Subpart
(1) This Subpart applies to aerodrome rescue and firefighting services.
(2) This Subpart sets out:
(a) how a person receives approval as a provider of an aerodrome rescue and firefighting service; and
(b) the operating and technical standards applicable to such a service.
Note: In addition to the provisions of this Subpart, Part 11 contains provisions relating to an application for approval as a provider of an aerodrome rescue and firefighting service.
(3) This Subpart does not apply to:
(a) a person who is providing an aerodrome rescue and firefighting service in the course of his or her duties for the Defence Force; or
(b) any aerodrome rescue and firefighting service provided by the Defence Force.
139.705 Definitions for this Subpart
(1) In this Subpart:
airside of an aerodrome has the same meaning as airside of an airport in the Airports Act 1996.
ARFFS means aerodrome rescue and fire‑fighting service.
ARFFS operation means an operation undertaken in carrying out a function mentioned in paragraph 139.710(1)(a) or (b).
ARFFS provider for an aerodrome means the person or organisation that provides ARFFS for the aerodrome.
category of an aerodrome means its category worked out by the method set out in section 9.2 of chapter 9 of Annex 14 to the Chicago Convention.
ERSA means the part of AIP known as En Route Supplement Australia.
Manual of Standards means the document called ‘Manual of Standards (MOS) – Subpart 139.H’ issued by CASA under regulation 139.712, as in force from time to time.
(2) A reference in this Subpart to an AFC certificate of a particular level is a reference to:
(a) a certificate of that level issued under the Australian Fire Competencies Scheme (that is, the training scheme administered by the Australian Fire Authorities Council); or
(b) a certificate accepted by CASA as indicating that the certificate holder has successfully completed a training program of a standard equivalent to that required for the issue of an AFC certificate of that level.
139.710 Functions of ARFFS
(1) The functions of an ARFFS for an aerodrome are:
(a) to rescue persons and property from an aircraft that has crashed or caught fire during landing or take‑off; and
(b) to control and extinguish, and to protect persons and property threatened by, a fire on the aerodrome, whether or not in an aircraft.
(2) Nothing in subregulation (1) prevents the ARFFS provider for an aerodrome from performing fire control services or rescue services elsewhere than on an aerodrome, but the provider must give priority to operations mentioned in subregulation (1).
139.711 Person not to provide service without approval
(1) A person must not provide an ARFFS at an aerodrome unless the person is approved, under Division 139.H.5, to provide the ARFFS.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
139.712 Issue of Manual of Standards
(1) CASA may issue a Manual of Standards for this Subpart that provides for the following matters:
(a) standards and criteria for the establishment and disestablishment of an ARFFS;
(b) standards relating to the procedures, systems and documents required for the provision of an ARFFS;
(c) standards for facilities and equipment used to provide an ARFFS;
(d) standards, including competency standards, minimum qualifications and training standards, for persons engaged in an ARFFS;
(e) any matter required or permitted by these Regulations to be provided for by the Manual of Standards;
(f) any matter necessary or convenient to be provided for the effective operation of this Subpart.
Note: A Manual of Standards is a legislative instrument—see subsections 98(5A) and (5B) of the Act. It must be registered in accordance with the Legislation Act 2003 and must be tabled in both Houses of the Parliament within 6 sitting days after its making.
(2) CASA must give a copy of a notice about a Manual of Standards for this Subpart (being a notice referred to in subregulation 11.275(3) or regulation 11.280) to each ARFFS provider.
Note: Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS.
139.715 Effect of Manual of Standards
(1) If CASA sets out, in the Manual of Standards, a way of complying with a requirement of this Subpart, an ARFFS provider who uses that way is taken to have complied with the requirement unless the contrary is shown.
(2) CASA may take the extent to which an ARFFS provider complies with the Manual into account in deciding whether the service provided by the provider is adequate.
Division 139.H.3—Requirements to be complied with by ARFFS provider
139.750 Requirements in this Division
A requirement in this Division for there to be a system or procedure to do something is a requirement that the system or procedure:
(a) must exist; and
(b) must be in use.
139.755 Definition for Division—applicable standards and requirements
(1) In this Division:
applicable standards and requirements, for an aerodrome of a particular category, means:
(a) for an aerodrome to which subregulation (2) applies—the standards and requirements for an aerodrome of its category set out in:
(i) Chapter 9 of Annex 14 to the Chicago Convention; and
(ii) the Manual of Standards; or
(b) for any other aerodrome—the standards and requirements for an aerodrome of its category set out in the Manual of Standards.
(2) This subregulation applies to:
(a) an aerodrome from or to which an international passenger air service operates; and
(b) any other aerodrome through which more than 350 000 passengers passed on air transport flights during the previous financial year.
(3) In paragraph (2)(a):
international passenger air service means:
(a) an international air service (within the meaning given by subsection 3(1) of the Air Navigation Act 1920) that carries passengers, other than a non‑scheduled service (within the meaning given by that subsection); or
(b) a non‑scheduled passenger‑carrying flight, or program of non‑scheduled passenger‑carrying flights, carried out under a permission granted under section 15D of the Air Navigation Act 1920; or
(c) a non‑scheduled passenger‑carrying flight, or program of non‑scheduled passenger‑carrying flights, in a category in respect of which the Secretary to the Department has determined, under subsection 15A(3) of that Act, that such a permission is not required.
(4) For paragraph (2)(b), the number of passengers that pass through an aerodrome is to be determined according to statistics published by the Department.
Note: Department means the Department administered by the Minister who administers these Regulations (see section 19A of the Acts Interpretation Act 1901 as it applies because of section 13 of the Legislation Act 2003).
139.760 Inconsistency between Manual and chapter 9 of Annex 14
If a requirement of the Manual of Standards, as it applies to a particular aerodrome, is inconsistent with a requirement of chapter 9 of Annex 14 to the Chicago Convention, as it applies to that aerodrome, the requirement of the Manual prevails to the extent of the inconsistency.
139.765 Knowledge, equipment and expertise to deal with aviation hazards
An ARFFS provider must have the knowledge, equipment and expertise to deal with any hazard likely to arise during an aviation accident or incident, including any hazard mentioned in the Manual of Standards.
139.770 General obligation to maintain service
(1) An ARFFS provider must ensure that the service is available during the period or periods published in ERSA as the period or periods of its availability.
(2) Subregulation (1) does not prevent the level of protection provided during predictable periods of reduced activity at the aerodrome from being reduced, within the limit allowed by Chapter 9 of Annex 14 to the Chicago Convention.
139.771 Response time of ARFFS
(1) An ARFFS must be able to meet the criteria for response time set out in Chapter 9 of Annex 14 to the Chicago Convention.
(2) Subregulation (1) applies to an ARFFS whether or not Annex 14 to the Chicago Convention applies to the ARFFS.
139.772 Buildings and emergency facilities
(1) An ARFFS provider for an aerodrome to which subregulation 139.755(2) applies must ensure that the necessary buildings and facilities for the service, including the following, are at the aerodrome:
(a) a fire station;
(b) communications facilities;
(c) facilities for the maintenance of vehicles and equipment;
(d) training facilities;
(e) storage facilities;
(f) if there is a body of water within 1 000 metres of a runway threshold—a boat ramp and boat launching facilities.
(2) The ARFFS provider must ensure that those buildings and facilities comply with any applicable requirements (including requirements as to location) in the Manual of Standards.
(3) The ARFFS provider must ensure that there is a facility, in accordance with the requirements of the Manual of Standards, for replenishing the water supply of a fire fighting vehicle.
(4) The ARFFS provider must ensure that there are the appropriate emergency roads on the aerodrome in accordance with the requirements of the Manual of Standards.
(5) An ARFFS provider must ensure that there are, at an aerodrome other than one to which subregulation 139.755(2) applies, the following facilities:
(a) a standby point for an emergency vehicle that will allow the vehicle to achieve the response time required by the Manual of Standards;
(b) storage for a reserve stock of extinguishing agents.
139.773 Officer in charge
(1) An ARFFS provider must appoint, as officer in charge of ARFFS operations for an aerodrome, a person who is based at the aerodrome and who holds:
(a) for an aerodrome categorised as Category 6 or above—an AFC Advanced Diploma that meets the standards in the Manual of Standards; or
(b) for an aerodrome categorised as Category 5 or below—an AFC Diploma that meets the standards in the Manual of Standards.
(2) In paragraphs (1)(a) and (b):
AFC means Australian Fire Competencies.
139.775 Notice about times service is available etc
(1) An ARFFS provider must ensure that notice is published in ERSA of the hours during which the service is available.
(2) If for some reason (such as an emergency on the aerodrome) it becomes temporarily impossible to provide an ARFFS to the standard required by this Subpart, the provider must tell the Australian NOTAM Office:
(a) of the reduction in the service; and
(b) how long it is likely to be before the full service is restored.
(3) The provider must tell CASA in writing of any proposed reduction in the standard of service that:
(a) will last longer than 24 hours; or
(b) reduces the standard of ARFFS provided at the airport concerned to a greater extent than is permissible under Chapter 9 of Annex 14 to the Chicago Convention.
139.780 Agreements with other fire fighting bodies
(1) An ARFFS provider may make an arrangement:
(a) for an aerodrome that is a joint user airport (within the meaning of the Airports Act 1996)—with the Defence Force for the provision of the ARFFS provider’s services to the Defence Force for the part of the aerodrome under the control of the Force; or
(b) with a State or Territory, or another person or body, for the services of the provider for firefighting or rescue in the State or Territory beyond the airside of the aerodrome concerned.
(2) If a provider makes such an arrangement, the provider must ensure that it is recorded in writing.
139.785 Stock of fire extinguishing agents
(1) There must be, on the aerodrome, a stock of fire‑extinguishing agents of the kind or kinds, and meeting the performance standards, required by the applicable standards and requirements.
(2) The fire‑extinguishing agents must be held in at least the quantities required by those standards and requirements.
139.795 Extinguishing equipment and vehicles
(1) There must be, on the aerodrome, vehicles and equipment for delivering extinguishing agent onto a fire.
(2) There must be at least as many vehicles, and at least as much equipment, as required by the applicable standards and requirements.
(3) Each vehicle or piece of equipment:
(a) must be capable of delivering extinguishing agent onto a fire at at least the rate required by the applicable standards and requirements; and
(b) must have at least the performance (in other respects) required by those standards and requirements.
(4) The vehicles must carry ancillary equipment in accordance with the applicable standards and requirements.
(5) Each vehicle and piece of equipment must be in good working order.
(6) The vehicles must be of a colour permitted by the applicable standards and requirements.
(7) The provider must keep maintenance instructions for each vehicle and each piece of the equipment, including all the information necessary to permit an appropriately qualified and technically competent person to carry out maintenance, performance monitoring, defect reporting, fault reporting and record‑keeping on or for the vehicle or equipment.
139.800 Other vehicles and equipment
(1) There must be, at the aerodrome, enough vehicles and equipment (other than vehicles and equipment for delivering extinguishing agent onto a fire) to provide the service, in accordance with the applicable standards and requirements.
(2) The performance of the vehicles and equipment must be in accordance with the applicable standards and requirements.
(3) The vehicles must carry ancillary equipment in accordance with the applicable standards and requirements.
(4) The provider must keep maintenance instructions for each piece of the provider’s equipment, including all the information necessary to permit a technically competent person to carry out maintenance, performance monitoring, defect reporting, fault reporting and record‑keeping on or for the equipment.
139.805 Vehicles and equipment for firefighting and rescue in difficult environments
(1) If a significant proportion of aircraft movements at the aerodrome take place over water, swamp or another difficult environment, there must be appropriate vehicles, boats and equipment for firefighting and rescue in that environment within 1 000 metres of the threshold of each runway.
(2) The vehicles, boats and equipment must be in at least the numbers and quantity required by the applicable standards and requirements.
(3) The vehicles and boats must be of a colour required or permitted by the applicable standards and requirements.
139.810 Commissioning of certain equipment
An ARFFS provider must not begin to use a piece of operational equipment for the purpose of an ARFFS unless the equipment has been approved by CASA as conforming to specifications and any applicable standards, in accordance with the operator’s aerodrome manual, and any applicable standards or requirements in the Manual of Standards.
139.815 Protective clothing and equipment
At the aerodrome there must be, for the firefighters and rescue personnel:
(a) protective clothing that complies with:
(i) if there is a relevant Australian Standard (as in force immediately before this regulation commences)—that Standard; or
(ii) if there is no such Australian Standard—any relevant internationally recognised standard;
in at least the quantity required by the applicable standards and requirements; and
(b) other protective equipment in the quantity required by, and of a kind in accordance with, those standards and requirements.
139.820 Communications
(1) There must be, on the aerodrome, sufficient communications equipment available to provide communication during an ARFFS operation.
(2) The vehicles used for the service must carry suitable communications equipment.
(3) A person who is required to operate the equipment must hold an aeronautical radio operator certificate.
(4) The equipment must not interfere, when in use, with communications equipment used by the air traffic service at the aerodrome.
139.825 Test and maintenance equipment
(1) The provider must have the necessary equipment and tools, in accordance with the applicable standards and requirements, to test and maintain the equipment used to provide the service.
(2) If the applicable standards and requirements require particular test or maintenance equipment, particular kinds of test or maintenance equipment, or particular numbers or quantities of a particular type of test or maintenance equipment, the provider must have that equipment or that number or quantity of that type of equipment.
139.830 Commissioning of new vehicles and equipment
The provider must not put a new vehicle, or a new item of equipment that affects the quality or rate of discharge of extinguishing agent, into service unless:
(a) the vehicle or equipment has been approved by CASA, for conformity to specification and the applicable standards and requirements, in accordance with the provider’s operations manual; and
(b) CASA has acknowledged that the vehicle or equipment meets the applicable standards and requirements; and
(c) any necessary personnel training has been completed.
139.835 Number of operating personnel
(1) During any period announced in ERSA as a period during which ARFFS is available at an aerodrome, there must be enough trained personnel available at the aerodrome to operate the equipment and vehicles required to provide the service at full capacity.
(2) Those personnel must be stationed at places that allow the ARFFS to respond to an emergency at least as quickly as required by the applicable standards and requirements.
139.840 Medical standard of firefighters
(1) The people employed as firefighters must meet the medical standard for firefighters set out in the Manual of Standards.
(2) There must be a system of continuing medical checks for the people employed as firefighters that ensures that the ARFFS provider knows whether or not those people continue to meet that standard.
139.845 Qualifications and training of firefighters
(1) The people employed as firefighters must already be trained to at least AFC Certificate 2 standard, or, if for a particular position the Manual of Standards specifies a higher standard, that higher standard.
(2) Before being used in any operational capacity, those people must also receive, or have received, appropriate training in dealing with hazards specific to aviation accidents and incidents, to the extent that such training is not part of the training required for an AFC Certificate 2.
(3) The people employed as firefighters must receive appropriate training to familiarise them with local conditions.
(4) There must be ongoing training for the people employed as firefighters to ensure that they continue to meet that standard.
(5) If a significant proportion of aircraft movements at the aerodrome take place over water, swamp or another difficult environment, the firefighters must be appropriately trained to carry out their functions in that environment.
139.850 Operations manual
(1) There must be an operations manual for the service that complies with the standards set out in the Manual of Standards.
(2) The operations manual must include a chart showing the organisations that provide services to the provider, setting out the roles and responsibilities of those organisations and how those roles and responsibilities affect the Aerodrome Emergency Procedures for the aerodrome concerned.
(3) The operations manual must be kept up to date.
(4) Each of the provider’s employees must have ready access to an up‑to‑date copy of the operations manual.
(5) The provider must give CASA a copy of the operations manual, and of any changes to it.
(6) There must be an up‑to‑date copy of the operations manual at each operational station.
(7) The provider must comply with the requirements of the operations manual.
139.855 Amendment of operations manual
(1) An ARFFS provider may amend its operations manual, but an amendment is of no effect until approved in writing by CASA.
(2) CASA may direct an ARFFS provider to amend its operations manual is a way specified in the direction.
(3) The provider must comply with the direction.
139.860 Voice data recording
There must be a system to record electronically, in accordance with the standards or requirements set out in the Manual of Standards, any voice communication by radio or telephone in the course of an ARFFS operation.
139.865 Record of accidents or incidents
There must be a system, in accordance with the standards or requirements set out in the Manual of Standards, to record the details of any aircraft accident or incident, or building fire, in relation to which the service is required to take any action.
139.870 Contingency plan
(1) There must be a plan, in accordance with the standards or requirements set out in the Manual of Standards, of the procedures to be used in the event of an emergency that results, or may result, in the service being interrupted.
(2) The plan must include at least the following:
(a) actions to be taken by firefighters and rescue personnel;
(b) possible alternative arrangements for providing the service (including arrangements for procuring any necessary replacement vehicles or spare parts, or supplies of extinguishing materials);
(c) notification procedures;
(d) procedures for re‑establishing normal services.
139.875 Records management
(1) There must be a system, in accordance with the standards or requirements set out in the Manual of Standards, to collect, index, store and maintain the records relating to the service.
(2) The records must include:
(a) voice records made under regulation 139.860; and
(b) records of accidents or incidents made under regulation 139.865.
(3) A record must be kept for 5 years (or a shorter period specified for the particular kind of record in the Manual) after the date to which it relates.
139.880 Organisation
The provider must, at all times, maintain an appropriate organisation with a sound and effective management structure, having regard to the nature of the service it provides.
139.885 System for rectification of service failures
There must be a system, in accordance with the standards or requirements in the Manual of Standards, to rectify any failure that results or may result in an interruption in the service or a reduction in the standard of the service.
139.890 Quality control
There must be a system, in accordance with the standards or requirements set out in the Manual of Standards, to ensure that the service complies with the requirements of this Subpart.
139.895 Change management
There must be a system, in accordance with the Manual of Standards, to manage changes in:
(a) equipment and procedures; and
(b) what the service does; and
(c) the level or kinds of service provided; and
(d) the way the service is provided.
139.900 Safety management
There must be a safety management system for the service, in accordance with the standards or requirements in the Manual of Standards, including the policies, procedures and practices necessary to provide the service safely.
139.905 Applicant’s organisation
(1) The provider must tell CASA in writing:
(a) who its managers are; and
(b) its organisational structure; and
(c) how many staff of each class it uses to provide the service.
(2) The provider must tell CASA in writing about any change in a matter mentioned in paragraph (1)(a), (b) or (c) within 14 days after the change.
139.910 Telling users and CASA about changes
(1) There must be a procedure, in accordance with the standards and requirements in the Manual of Standards, for an ARFFS provider to give, to aerodrome users, safety‑related information about changes, faults or interruptions to the service.
(2) The procedure must comply with CASA’s requirements for reporting information to the Aeronautical Information and Data Service and the Australian NOTAM Office.
(3) If the provider fails, for a period of 24 hours or longer, to provide the service at the standard required by Division 139.H.3, the ARFFS provider for the aerodrome must tell CASA in writing as soon as practicable:
(a) why the service is not being provided at that standard; and
(b) how long it is likely to be before the service can be resumed; and
(c) what action the service provider has taken and will take to resume the service at that standard.
Division 139.H.4—Conduct of ARFFS operations
139.915 Powers of officer in charge or firefighter
(1) In this regulation:
firefighter, in relation to an ARFFS operation for an aerodrome, means:
(a) somebody employed as a firefighter by the ARFFS provider for the aerodrome; or
(b) a member of a fire brigade, or of a rescue or fire fighting service, who is taking part in the operation in accordance with an arrangement made with such a brigade or service.
officer in charge, in relation to an ARFFS operation for an aerodrome, means:
(a) the person appointed under regulation 139.773 as officer in charge of ARFFS operations at the aerodrome; or
(b) if, in accordance with an arrangement made with a fire brigade, or a rescue or fire fighting service, the person in control of the operation is a member of such a brigade or service—that person.
volunteer, in relation to an ARFFS operation, means somebody who has volunteered to help in the operation under the direction of the officer in charge.
(2) For an ARFFS operation for an aerodrome under this Subpart, the officer in charge may:
(a) give directions that he or she thinks proper to firefighters and volunteers under his or her control; and
(b) take measures that he or she thinks proper.
(3) Without limiting paragraph (2)(b), the officer in charge may do the following things for the purpose of the ARFFS operation:
(a) enter (by force, if necessary), take possession of and deal with in any appropriate way, premises, an aircraft or other property;
(b) close a road or other thoroughfare to traffic;
(c) use a convenient water supply (including shutting off water supply from a main or pipe to obtain greater pressure or supply);
(d) disconnect electricity supply to premises;
(e) remove flammable, explosive or other dangerous material from premises, an aircraft or other property;
(f) order a person to leave premises, an aircraft or other property;
(g) remove from the vicinity of the operation a person or thing the presence of whom or which is interfering, or is likely to interfere, significantly with the operation;
(h) take a fire engine or other fire appliance onto land or premises;
(i) shore up or destroy a wall or building that is insecure or may be dangerous to persons or property;
(j) direct or authorise a firefighter or a volunteer to do something that, under this regulation, the officer may do.
(4) For an ARFFS operation, a firefighter may do something mentioned in paragraph (3)(a), (b), (c), (d), (e), (f) or (h) without authorisation under paragraph (3)(j) if there are reasonable grounds for believing that, for the operation:
(a) it is necessary or desirable to do the thing; and
(b) it is not practicable for him or her to get authorisation to do so.
(5) A person is guilty of an offence punishable by a fine of 10 penalty units if he or she fails to comply with:
(a) a direction of the officer in charge under paragraph (3)(f); or
(b) a direction of the kind mentioned in that paragraph, given by a firefighter or volunteer, if:
(i) the firefighter or volunteer has been authorised under paragraph (3)(j) by the officer in charge to give it; or
(ii) the conditions in paragraphs (4)(a) and (b) are satisfied in relation to the direction.
Division 139.H.5—Administration
139.920 Definition for Division
In this Division:
show cause notice means a notice under regulation 139.1015.
139.925 How to apply for approval as ARFFS provider
(1A) An eligible person may apply to CASA for approval as an ARFFS provider.
(1) A person is eligible to apply for approval as an ARFFS provider if:
(a) the person is mentioned in column 2 of an item in table 139.925; and
(b) the application relates to an aerodrome mentioned in column 3 of that item.
(2) The application must be in writing.
(3) The application:
(a) must set out the applicant’s name and address; and
(b) if the applicant is a corporation (within the meaning given by the Corporations Act 2001)—must set out the applicant’s registered address and ACN and the names and addresses of its officers.
(4) In paragraph (3)(b):
officer has the meaning given by section 9 of the Corporations Act 2001.
(5) The applicant must include with the application:
(a) a copy of the applicant’s operations manual, prepared as if the applicant were an approved provider; and
(b) information that will enable CASA to decide whether or not the applicant is of sound financial standing; and
(c) a statement of the intended location and category of the service to be provided.
Note: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030.
Table 139.925 |
Item | Applicant | Aerodrome |
1 | the Commonwealth | any aerodrome |
2 | AA | any aerodrome |
2A | Delta Fire Service Pty. Ltd. | Townsville Airport |
3 | Broome Airport Services Pty Ltd | Broome International Airport |
4 | Administration of Norfolk Island | Norfolk Island International Airport |
5 | a person who is to provide an ARFFS at a particular aerodrome: (a) in cooperation with AA, in accordance with paragraph 11(3)(b) of the Air Services Act 1995; or (b) by arrangement with AA, in accordance with paragraph 11(3)(c) of the Air Services Act 1995 | the aerodrome mentioned in column 2 |
6 | a person who is to provide an ARFFS in accordance with an arrangement mentioned in paragraph 216(1)(e) of the Airports Act 1996 | the aerodrome specified in the arrangement mentioned in column 2 |
139.965 When CASA must grant approval
(1) Subject to regulation 11.055 and subregulation (3), if a person has applied for approval as an ARFFS provider under this Subpart, CASA must grant the approval.
Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:
(a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or
(b) a decision imposing a condition on an approval.
(3) CASA may approve an application only if CASA approves the applicant’s draft operations manual.
(4) CASA must not approve the draft operations manual unless the draft manual complies with the relevant requirements in the Manual of Standards.
(6) Without limiting regulations 11.056 and 11.067, if the application is made by a person mentioned in column 2 of item 1, 2, 5 or 6 of Table 139.925 in relation to an ARFFS at the corresponding aerodrome, CASA may impose any condition necessary to give effect to an arrangement mentioned in subsection 11(3) of the Air Services Act 1995.
139.970 When decision must be made
(1) If CASA does not make a decision about an application within 21 days after receiving it, CASA is taken to have refused the application.
(2) However, if CASA makes a request under regulation 11.035 or 11.040, the time between when CASA makes the request, and when the applicant’s officer or officers participates or participate in the interview, or gives CASA the information or copy requested, does not count towards the period.
(3) Also, if CASA asks an applicant to make a statutory declaration under regulation 11.047 or subregulation 11.050(3A), the time between when CASA asks the applicant to do so and when the applicant gives CASA the statutory declaration does not count towards the period.
(4) Also, if CASA invites an applicant to make a written submission under subregulation 11.050(2), the time between when CASA gives the invitation and when the applicant makes the written submission does not count towards the period.
139.995 Application for variation of approval
(1) An approved ARFFS provider may apply to vary its approval.
(2) Regulations 139.965 and 139.970 apply to the application.
Note: Part 11 also contains provisions relating to an application for variation of approval.
139.1005 Suspension or continued suspension of approval by show cause notice
(1) CASA may state, in a show cause notice, that the approval as an approved ARFFS provider of the ARFFS provider concerned is suspended if CASA reasonably considers that not suspending the approval would be likely to have an adverse effect on the safety of air navigation.
Note: Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.
(2) If a show cause notice states that the approval is suspended:
(a) if the approval is already suspended when the show cause notice is given to the holder—the approval continues to be suspended until CASA revokes the suspension, or the suspension lapses under subregulation (4); or
(b) the approval is suspended from when the notice is given to the approved ARFFS provider concerned.
(3) CASA may revoke the suspension at any time.
(4) If CASA has not cancelled the approval within 90 days after the day the show cause notice is given to the provider, the suspension lapses at the end of that period.
139.1010 Grounds for cancellation of approval
It is grounds for the cancellation of the approval of an approved ARFFS provider if the provider:
(a) has breached a condition of the approval; or
(b) has contravened the Act or these Regulations; or
(c) has otherwise been guilty of conduct that renders the holder’s continued holding of the approval likely to have an adverse effect on the safety of air navigation.
Note: Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.
139.1015 Notice to approved ARFFS provider to show cause
(1) CASA may give an approved ARFFS provider a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that amount to grounds for the cancellation of the approval.
(2) A show cause notice must:
(a) tell the provider of the facts and circumstances that justify the cancellation of the approval; and
(b) invite the holder to show in writing, within a reasonable period stated in the notice, why the approval should not be cancelled.
(3) For paragraph (2)(b), the period must not be less than 7 days.
139.1020 Cancellation of approval after show cause notice
(1) CASA may cancel an approval only if:
(a) there exist facts or circumstances that amount to grounds for the cancellation of the approval; and
(b) CASA has given the holder a show cause notice in relation to the grounds for the proposed cancellation; and
(c) CASA has taken into account any written representations made, within the period stated in the notice, by or on behalf of the holder; and
(d) not cancelling the approval would be likely to have an adverse effect on the safety of air navigation.
(2) If CASA has given a show cause notice to an approved ARFFS provider, and it decides not to cancel the approval, it:
(a) must tell the provider in writing of the decision; and
(b) must, if the approval is suspended, revoke the suspension.
139.1022 Cancellation if holder ceases to provide ARFFS
(1) CASA must cancel the approval of a person mentioned in column 2 of item 3 or 4 of Table 139.925 if the person ceases to be an ARFFS provider for the aerodrome mentioned in column 3 of the item.
(2) CASA must cancel the approval of a person mentioned in column 2 of item 5 of Table 139.925 if the cooperation or arrangement mentioned in that item ceases.
(3) CASA must cancel the approval of a person mentioned in column 2 of item 6 of Table 139.925 if the arrangement mentioned in that item ceases.
Part 141—Recreational, private and commercial pilot flight training, other than certain integrated training courses
Table of contents
Subpart 141.A—General
141.005 What Part 141 is about
141.010 Aircraft and flight simulation training devices to which Part 141 applies
141.015 Definitions of Part 141 flight training, authorised Part 141 flight training, Part 141 operator and Part 141 certificate
141.020 Definition of key personnel for Part 141
141.025 Definition of significant change for Part 141
141.030 Definitions for Part 141
141.035 Approvals by CASA for Part 141
141.040 Legislative instruments—flight training
141.045 Regulations 11.070 to 11.075 do not apply in relation to certain matters
141.050 Part 141 flight training—requirement for Part 141 certificate or approval
Subpart 141.B—Part 141 certificates
141.055 Part 141 certificates—application
141.060 Part 141 certificate—issue
141.065 Part 141 certificate—approval of operations manual
141.070 Part 141 certificate—conditions
141.075 Part 141 certificate—compliance with conditions
Subpart 141.C—Part 141 operators—changes
141.080 Part 141 operators—changes of name etc
141.085 Part 141 operators—application for approval of significant changes
141.090 Part 141 operators—approval of significant changes
141.095 Part 141 operators—process for making changes
141.100 Part 141 operators—CASA directions relating to operations manual or key personnel
Subpart 141.D—Part 141 operators—organisation and personnel
141.105 Part 141 operators—organisation and personnel
141.110 Part 141 operators—key personnel cannot carry out responsibilities
141.115 Part 141 operators—familiarisation training for key personnel
141.120 Part 141 operators—chief executive officer: responsibilities and accountabilities
141.125 Part 141 operators—head of operations: qualifications and experience
141.130 Part 141 operators—head of operations: responsibilities
141.155 Part 141 operators—key personnel: additional qualification and experience requirements
141.160 Part 141 operators—reference library
Subpart 141.E—Part 141 operators—instructors
141.165 Part 141 operators—instructors must comply with Part 141 certificate
141.170 Part 141 operators—instructors must comply with operations manual
141.175 Part 141 operators—instructors must be authorised under Part 61
141.180 Part 141 operators—instructors must have access to records
141.185 Part 141 operators—instructors must hold valid standardisation and proficiency check for operator
141.190 Part 141 operators—holding valid standardisation and proficiency check for operator
141.195 Part 141 operators—standardisation and proficiency check requirements
141.200 Part 141 operators—instructors—training in human factors principles and non‑technical skills
141.205 Part 141 operators—instructors must be competent to conduct flight training in flight simulation training device
141.210 Part 141 operators—person recommended for flight test
Subpart 141.G—Part 141 operators—quality system
141.225 Part 141 operators—quality system for flight simulation training devices
Subpart 141.H—Part 141 operators—personnel fatigue management
Subpart 141.I—Part 141 operators—operations manuals
141.260 Part 141 operators—content of operations manual
141.265 Part 141 operators—compliance with operations manual by operator
141.270 Part 141 operators—providing personnel with operations manual
Subpart 141.J—Part 141 operators—logs and records
141.275 Part 141 operators—making and keeping flight training records
141.280 Part 141 operators—availability of flight training records
Subpart 141.K—Part 141 operators—miscellaneous offences
141.285 Part 141 operators—suitable facilities, records and resources for flight test
141.290 Part 141 operators—pilot in command to be authorised under Part 61
141.295 Part 141 operators—carriage of passengers prohibited during abnormal operations or low‑flying flight training
141.300 Part 141 operators—authorisation of carriage of passengers
141.305 Part 141 operators—completion of training and assessment of competency for certain solo flights
141.306 Part 141 operators—appropriate briefing and capability to conduct certain solo flights etc.
141.310 Part 141 operators—dealings in relation to suspended, cancelled, varied, pending or refused civil aviation authorisations: when approval required
141.315 Part 141 operators—maximum period for use of foreign registered aircraft in Australian territory
Subpart 141.A—General
141.005 What Part 141 is about
This Part:
(a) deals with the conduct of recreational, private and commercial pilot flight training, other than certain integrated training courses; and
(b) makes provision for applicants for, and holders of, Part 141 certificates.
141.010 Aircraft and flight simulation training devices to which Part 141 applies
(1) This Part applies only to the following:
(a) an aeroplane, rotorcraft or airship that is permitted by its flight manual to be flown by one pilot;
(b) an aeroplane, rotorcraft or airship covered by a type rating mentioned in a legislative instrument under regulation 142.045;
(c) a flight simulation training device for an aircraft mentioned in paragraph (a) or (b).
(2) Accordingly, a reference in this Part to an aircraft is a reference to an aeroplane, rotorcraft or airship mentioned in paragraph (1)(a) or (b).
141.015 Definitions of Part 141 flight training, authorised Part 141 flight training, Part 141 operator and Part 141 certificate
(1) Part 141 flight training is any of the following that is conducted in an aircraft or flight simulation training device:
(a) training for the grant under Part 61 of a private pilot licence or commercial pilot licence that is not an integrated training course;
(b) training for the grant under Part 61 of a recreational pilot licence;
(c) training, other than training conducted as a multi‑crew operation, for the grant under Part 61 of a flight crew rating other than a type rating;
(d) training for the grant under Part 61 of a type rating mentioned in a legislative instrument under regulation 142.045;
(e) training, other than training conducted as a multi‑crew operation, for the grant under Part 61 of a flight crew endorsement other than:
(i) a design feature endorsement; or
(ii) a flight activity endorsement;
(f) training, other than training conducted as a multi‑crew operation, that is given as part of a flight review;
(g) differences training:
(i) that is required as mentioned in regulation 61.780 or 61.835 for a variant covered by a type rating mentioned in a legislative instrument under regulation 142.045; and
(ii) that is not conducted by a training and checking organisation approved under regulation 217 of CAR.
(2) Authorised Part 141 flight training, for a Part 141 operator, is Part 141 flight training mentioned in the operator’s Part 141 certificate.
(3) A Part 141 operator is the holder of a Part 141 certificate.
(4) A Part 141 certificate is a certificate issued under regulation 141.060.
141.020 Definition of key personnel for Part 141
In this Part:
key personnel, for a Part 141 operator, means the people (however described) that hold, or carry out the responsibilities of, the following positions in the operator’s organisation:
(a) chief executive officer;
(b) head of operations.
141.025 Definition of significant change for Part 141
In this Part:
significant change, for a Part 141 operator, means:
(a) a change in relation to any of the following:
(i) the location and operation of any of the operator’s training bases, including the opening or closing of training bases;
(ii) the operator’s key personnel;
(iii) a person authorised to carry out the responsibilities of any of the key personnel;
(iv) the formal reporting line for a managerial or operational position reporting directly to any of the key personnel;
(v) the qualifications, experience and responsibilities required by the operator for any of the key personnel;
(vi) the familiarisation training mentioned in regulation 141.115 for any of the key personnel;
(vii) the operator’s process for making changes:
(A) that are significant changes; and
(B) that are not significant changes;
(viii) the authorised Part 141 flight training conducted by the operator;
(ix) if the operator conducts the training in aircraft—the kinds of aircraft used to conduct the training;
(x) if the operator conducts the training in flight simulation training devices:
(A) the ownership arrangements for a device; or
(B) the types of devices; or
(b) if the operator conducts the training in foreign registered aircraft:
(i) a change in the foreign registered aircraft used in the training; or
(ii) a change in relation to a foreign registered aircraft used in the training, including a change to its nationality or registration mark; or
(c) a change in relation to any of the following that does not maintain or improve, or is not likely to maintain or improve, aviation safety:
(i) the procedures by which the operator conducts and manages the training;
(ii) training and checking conducted by the operator;
(iii) the operator’s dangerous goods manual (if any);
(iv) the way the operator manages the risk of fatigue in its personnel;
(v) the operator’s safety policy;
(vi) the operator’s quality system; or
(d) a change required to be approved by CASA under these Regulations, other than a change that results in the reissue or replacement of an instrument previously issued by CASA in which the conditions or other substantive content of the instrument are unchanged.
141.030 Definitions for Part 141
In this Part:
aircraft: see regulation 141.010.
authorised Part 141 flight training, for a Part 141 operator: see subregulation 141.015(2).
conducts: a Part 141 operator conducts Part 141 flight training if an instructor for the operator conducts the training on behalf of the operator.
instructor, for a Part 141 operator, means a person engaged by the operator to conduct authorised Part 141 flight training on behalf of the operator.
key personnel, for a Part 141 operator: see regulation 141.020.
low‑flying flight training means flight training that is conducted below 500 feet AGL.
operations manual, for a Part 141 operator, means:
(a) the set of documents approved by CASA under regulation 141.065 in relation to the operator; or
(b) if the set of documents is changed under regulation 141.080, 141.090 or 141.100 or the process mentioned in regulation 141.095—the set of documents as changed.
Part 141 certificate: see subregulation 141.015(4).
Part 141 flight training: see subregulation 141.015(1).
personnel, for a Part 141 operator, includes any of the following persons who have duties or responsibilities that relate to the safe conduct of the operator’s authorised Part 141 flight training:
(a) an employee of the operator;
(b) a person engaged by the operator (whether by contract or other arrangement) to provide services to the operator;
(c) an employee of a person mentioned in paragraph (b).
significant change, for a Part 141 operator: see regulation 141.025.
training and checking, for a Part 141 operator, means the training and assessment of proficiency that the operator conducts to ensure that its personnel are competent to perform their duties.
training base, for a Part 141 operator, means a facility from which the operator conducts flight training.
141.035 Approvals by CASA for Part 141
(1) If a provision of this Part refers to a person holding an approval under this regulation, the person may apply to CASA, in writing, for the approval.
(2) Subject to regulation 11.055, CASA must grant the approval.
(3) Subregulation 11.055(1B) applies to the granting of an approval under this regulation.
141.040 Legislative instruments—flight training
For paragraph 98(5A)(a) of the Act, CASA may issue a legislative instrument to prescribe matters for paragraph 141.260(1)(u).
141.045 Regulations 11.070 to 11.075 do not apply in relation to certain matters
Regulations 11.070 to 11.075 do not apply to the following for a Part 141 operator:
(a) a change of which CASA is notified under regulation 141.080;
(b) a significant change that is approved by CASA under regulation 141.090;
(c) a change made under the process mentioned in regulation 141.095;
(d) a change that is made as a consequence of a change made to the operator’s operations manual in accordance with a direction given by CASA under regulation 141.100.
141.050 Part 141 flight training—requirement for Part 141 certificate or approval
(1) A person commits an offence if:
(a) the person conducts Part 141 flight training; and
(b) the person does not meet the requirement mentioned in subregulation (2).
Penalty: 50 penalty units.
(2) For paragraph (1)(b), the requirement is that the person must hold:
(a) a Part 141 certificate that authorises the person to conduct the training; or
(b) an approval under regulation 141.035 to conduct the training.
(3) An offence against this regulation is an offence of strict liability.
Subpart 141.B—Part 141 certificates
141.055 Part 141 certificates—application
(1) A person may apply to CASA, in writing, for a Part 141 certificate.
(2) The application must include the following:
(a) the applicant’s name (including any operating or trading name), contact details and ABN (if any);
(aa) if the address of the applicant’s operational headquarters is different from its mailing address—the address of its operational headquarters;
(b) if the applicant is an individual—a statement that the individual is, or proposes to be, the applicant’s chief executive officer;
(c) if the applicant is a corporation registered in Australia that has an ACN—its ACN and the address of its registered office;
(d) if the applicant is a corporation not registered in Australia—the place it was incorporated or formed;
(e) the Part 141 flight training that the applicant proposes to conduct;
(f) a written undertaking from the person appointed, or proposed to be appointed, as the applicant’s chief executive officer that, if CASA issues the certificate, the applicant will:
(i) be capable of operating in accordance with its operations manual and civil aviation legislation; and
(ii) operate in accordance with its operations manual and civil aviation legislation.
(3) The application must be:
(a) accompanied by a copy of the applicant’s proposed operations manual; and
(b) signed by the person appointed, or proposed to be appointed, as the applicant’s chief executive officer.
141.060 Part 141 certificate—issue
(1) Subject to regulation 11.055, CASA must issue the certificate if satisfied of each of the following:
(a) the applicant’s proposed operations manual complies with regulation 141.260;
(b) the applicant can conduct the proposed Part 141 flight training safely and in accordance with its operations manual and civil aviation legislation;
(c) the applicant’s organisation is suitable to ensure that the training can be conducted safely, having regard to the nature of the training;
(d) the chain of command of the applicant’s organisation is appropriate to ensure that the training can be conducted safely;
(e) the applicant’s organisation has a sufficient number of suitably qualified and competent personnel to conduct the training safely;
(f) the facilities of the applicant’s organisation are sufficient to enable the training to be conducted safely;
(g) the applicant’s organisation has suitable procedures and practices to control the organisation and ensure the training can be conducted safely;
(h) if the applicant is an individual—the applicant is, or proposes to be, the applicant’s chief executive officer;
(i) each of the applicant’s proposed key personnel:
(i) is a fit and proper person to be appointed to the position; and
(ii) has the qualifications and experience required by Subpart 141.D for the position; and
(iii) has the qualifications and experience required by the applicant under subparagraph 141.260(1)(e)(i) for the position (if any); and
(iv) has the additional qualifications and experience required by CASA under regulation 141.155 for the position (if any).
(2) For paragraph (1)(b), without limiting the matters that CASA may consider, CASA must consider the following:
(a) the applicant’s proposed operations manual;
(b) whether the applicant can comply with the proposed operations manual;
(c) the content of the undertaking mentioned in paragraph 141.055(2)(f);
(d) details of, and reasons for, any suspension or cancellation of:
(i) a civil aviation authorisation issued to the applicant; or
(ii) an equivalent authorisation issued to the applicant:
(A) under the law of a foreign country; or
(B) by a multinational aviation authority;
(e) the suitability of the applicant’s corporate and organisational structures for the training;
(f) any other information:
(i) accompanying the application; or
(ii) in any other document given to CASA by the applicant for the application, including any document requested by CASA in relation to the application.
(3) For subparagraph (1)(i)(i), the matters CASA may consider in deciding whether a person is a fit and proper person include the matters mentioned in subregulation 11.055(4).
(4) If CASA decides to issue the certificate, CASA must determine the Part 141 flight training the applicant is authorised to conduct, including any limitations or conditions in relation to the flight training.
(5) The certificate must include:
(a) the matters mentioned in subregulation (4); and
(b) a certificate reference number determined by CASA.
(6) If CASA approves a significant change to a Part 141 operator under regulation 141.090, CASA may issue a new Part 141 certificate to the operator.
141.065 Part 141 certificate—approval of operations manual
If CASA issues the certificate to the applicant, CASA is taken to have also approved the applicant’s proposed operations manual.
141.070 Part 141 certificate—conditions
Each of the following is a condition of a Part 141 certificate issued to an operator:
(a) the operator must comply with:
(i) each provision of this Part that applies to the operator; and
(ii) each direction given to the operator, or obligation imposed on the operator, by CASA under a provision of these Regulations; and
(iii) each other provision of civil aviation legislation that applies to the operator’s authorised Part 141 flight training;
(b) each of the operator’s key personnel must comply with:
(i) each provision of this Part that applies to the person; and
(ii) each direction given to the person, or obligation imposed on the person, by CASA under a provision of these Regulations; and
(iii) each other provision of civil aviation legislation that applies to the operator’s authorised Part 141 flight training;
(c) each of the positions of the operator’s key personnel must be filled;
(d) each of the operator’s personnel must comply with each provision of civil aviation legislation that applies to the operator’s authorised Part 141 flight training;
(e) if the operator is an individual—the individual must be the operator’s chief executive officer.
141.075 Part 141 certificate—compliance with conditions
(1) A Part 141 operator commits an offence if the operator contravenes a condition of its Part 141 certificate.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
Subpart 141.C—Part 141 operators—changes
141.080 Part 141 operators—changes of name etc
(1) A Part 141 operator commits an offence if the operator:
(a) makes a change mentioned in subregulation (2); and
(b) does not, before making the change:
(i) amend its operations manual to reflect the change; and
(ii) give CASA written notice of the change and a copy of the amended part of the operations manual clearly identifying the change.
Penalty: 50 penalty units.
(2) For paragraph (1)(a), the changes are the following:
(a) a change to its name (including any operating or trading name) or contact details;
(b) if the address of its operational headquarters is different from its mailing address—a change to the address of its operational headquarters.
(3) An offence against this regulation is an offence of strict liability.
141.085 Part 141 operators—application for approval of significant changes
(1) A Part 141 operator commits an offence if:
(a) the operator makes a significant change other than a significant change mentioned in subregulation (2) or (3); and
(b) CASA has not approved the significant change.
Penalty: 50 penalty units.
(2) A Part 141 operator commits an offence if:
(a) the operator makes a significant change that is the permanent appointment as any of the operator’s key personnel of a person previously authorised to carry out the responsibilities of the position in a circumstance mentioned in subparagraph 141.260(1)(e)(iv); and
(b) the operator does not apply to CASA for approval of the change, in accordance with subregulation (4), within 7 days after the change is made.
Penalty: 50 penalty units.
(3) A Part 141 operator commits an offence if:
(a) the operator makes a significant change that is the permanent appointment as any of the operator’s key personnel of a person not previously authorised to carry out the responsibilities of the position in a circumstance mentioned in subparagraph 141.260(1)(e)(iv); and
(b) the operator does not apply to CASA for approval of the change, in accordance with subregulation (4), within 3 days after the change is made.
Penalty: 50 penalty units.
(4) An application for approval of a significant change must:
(a) be in writing; and
(b) set out the change; and
(c) be accompanied by a copy of the part of the operator’s operations manual affected by the change, clearly identifying the change.
(5) An offence against this regulation is an offence of strict liability.
141.090 Part 141 operators—approval of significant changes
(1) Subject to regulation 11.055, CASA must approve a significant change for a Part 141 operator if satisfied that the requirements mentioned in subregulation 141.060(1) will continue to be met.
(2) If CASA approves the significant change, CASA is taken to have also approved the changes to the operator’s operations manual covered by the application.
141.095 Part 141 operators—process for making changes
(1) A Part 141 operator commits an offence if:
(a) the operator makes a change; and
(b) the change is not made in accordance with the process described in the operator’s operations manual for making changes.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
141.100 Part 141 operators—CASA directions relating to operations manual or key personnel
(1) If satisfied that it is necessary in the interests of aviation safety, CASA may direct a Part 141 operator to change its operations manual:
(a) to remove particular information, procedures or instructions from the operations manual; or
(b) to include particular information, procedures or instructions in the operations manual; or
(c) to revise or vary the information, procedures or instructions in the operations manual.
(2) CASA may direct a Part 141 operator to remove any of the operator’s key personnel from the person’s position if satisfied that the person is not:
(a) carrying out the responsibilities of the position; or
(b) if the person is the chief executive officer—properly managing matters for which the person is accountable.
(3) A direction under this regulation must:
(a) be in writing; and
(b) state the time within which the direction must be complied with.
(4) A Part 141 operator commits an offence if:
(a) CASA gives the operator a direction under this regulation; and
(b) the operator does not comply with the direction within the time stated in the direction.
Penalty: 50 penalty units.
(5) An offence against this regulation is an offence of strict liability.
Subpart 141.D—Part 141 operators—organisation and personnel
141.105 Part 141 operators—organisation and personnel
(1) A Part 141 operator must maintain an organisational structure that effectively manages its authorised Part 141 flight training, taking into account the following:
(a) the nature and complexity of the training;
(b) the number and kinds of aircraft or flight simulation training devices used to conduct the training;
(c) the number and location of training bases used by the operator;
(d) the number of the operator’s personnel;
(e) the number of course participants undertaking the training.
(2) A Part 141 operator commits an offence if any of the operator’s key personnel carries out a responsibility of the person’s position otherwise than in accordance with the operator’s operations manual or this Subpart.
Penalty: 50 penalty units.
141.110 Part 141 operators—key personnel cannot carry out responsibilities
(1) A Part 141 operator commits an offence if:
(a) the operator becomes aware that any of its key personnel cannot carry out, or is likely to be unable to carry out, the person’s responsibilities for a period of longer than 30 days; and
(b) the operator does not tell CASA of the matter mentioned in paragraph (a) within the time mentioned in subregulation (2).
Penalty: 50 penalty units.
(2) For paragraph (1)(b), the time is:
(a) if there is not another person authorised to carry out the responsibilities for all or part of the period—24 hours after the operator becomes aware of the matter; or
(b) if there is another person authorised to carry out the responsibilities for all or part of the period—3 days after the operator becomes aware of the matter.
141.115 Part 141 operators—familiarisation training for key personnel
A Part 141 operator must ensure that before a person appointed as any of the operator’s key personnel begins to carry out the responsibilities of the position, the person has completed any training that is necessary to familiarise the person with the responsibilities.
141.120 Part 141 operators—chief executive officer: responsibilities and accountabilities
(1) The chief executive officer of a Part 141 operator is responsible for the following:
(a) ensuring that, for the safe conduct of the operator’s authorised Part 141 flight training in accordance with the operator’s Part 141 certificate, operations manual and civil aviation legislation, the operator:
(i) has sufficient suitably experienced, qualified and competent personnel; and
(ii) has a suitable management structure; and
(iii) is adequately financed and resourced;
(b) ensuring that the operator:
(i) sets and maintains standards for the training in accordance with the operator’s operations manual; and
(ii) complies with civil aviation legislation;
(c) if the operator conducts the training in aircraft—ensuring that the operator:
(i) tells CASA if the operator enters into a leasing, financing or other arrangement for the supply of a turbine‑engined aircraft for use in the training; and
(ii) tells CASA if the operator becomes aware that any arrangement mentioned in subparagraph (i) may:
(A) affect the operator’s safe conduct of the training; or
(B) contravene a provision of civil aviation legislation or the law of the country in which the aircraft is registered; and
(iii) complies with the aviation safety laws of each foreign country (if any) where the operator conducts the training; and
(iv) for each foreign registered aircraft (if any) used in the training—maintains the aircraft in accordance with the law of the country in which the aircraft is registered;
(ca) ensuring that the operator has procedures that ensure that all of the operator’s personnel understand the operator’s safety policy;
(cb) ensuring that the operator has processes for identifying and addressing deficiencies in the operator’s authorised Part 141 training;
(d) if the operator conducts the training in a flight simulation training device—ensuring that the operator implements and manages the operator’s quality system;
(f) ensuring that the operator’s operations manual is monitored and managed for continuous improvement;
(g) ensuring that key personnel satisfactorily carry out the responsibilities of their positions in accordance with:
(i) the operator’s operations manual; and
(ii) civil aviation legislation.
(2) The chief executive officer of a Part 141 operator is accountable to the operator and CASA for ensuring the responsibilities mentioned in subregulation (1) are carried out effectively.
141.125 Part 141 operators—head of operations: qualifications and experience
(1) The head of operations of a Part 141 operator must hold:
(a) an instructor rating and either:
(i) a grade 1 training endorsement under Part 61; or
(ii) the required training endorsements for all the Part 141 flight training the operator proposes to conduct; or
(b) an approval under regulation 141.035 to be the head of operations of the operator.
(2) For paragraph (1)(b), the matters CASA may consider in deciding whether to approve a person as the head of operations of a Part 141 operator include the following:
(a) the operator’s current and proposed authorised Part 141 flight training;
(b) the person’s:
(i) management experience; and
(ii) formal educational qualifications; and
(iii) experience as a trainer or educator; and
(iv) operational experience; and
(v) flight crew qualifications.
(3) CASA may, by written notice given to a head of operations, or proposed head of operations, of a Part 141 operator, direct the person to undertake an assessment mentioned in subregulation (4).
(4) For subregulation (3), the assessment:
(a) is an assessment conducted by CASA or a person nominated by CASA to demonstrate suitability as head of operations for the operator; and
(b) may include assessment in an aeroplane, rotorcraft, airship or flight simulation training device.
141.130 Part 141 operators—head of operations: responsibilities
(1) The head of operations of a Part 141 operator must safely manage the operator’s authorised Part 141 flight training.
(2) Without limiting subregulation (1), the responsibilities of the head of operations include the following:
(a) ensuring that the operator conducts the training in accordance with principles of competency‑based training in a consistent and systematic manner;
(b) monitoring and maintaining, and reporting to the chief executive officer on, the operator’s compliance with the provisions of civil aviation legislation and the operator’s operations manual that apply to the training;
(c) setting and maintaining the operator’s standards for the training in accordance with the operator’s operations manual;
(d) developing, managing and maintaining the operator’s dangerous goods manual (if any);
(e) ensuring the proper allocation and deployment of aircraft and personnel for use in the training;
(f) ensuring that the operator’s personnel are provided with the information and documentation necessary to properly carry out their responsibilities;
(g) ensuring that the operator has procedures that include the information mentioned in subregulation (3);
(h) ensuring that the requirements mentioned in subregulation (4) are complied with for the training;
(i) if the operator conducts the training in a flight simulation training device:
(i) ensuring the correct operation and maintenance of the device; and
(ii) ensuring that the device is used only in accordance with the operator’s operations manual;
(j) if the operator conducts the training in a flight simulator or flight training device—ensuring that the simulator or device is qualified under Part 60;
(k) if the operator conducts the training in a synthetic trainer—ensuring that the trainer is approved under Civil Aviation Order 45.0;
(l) if the operator conducts the training in any other device—ensuring that the device:
(i) meets the qualification standards prescribed by a legislative instrument under regulation 61.045; or
(ii) is qualified (however described) by the national aviation authority of a recognised foreign State (within the meaning of regulation 61.010);
(m) managing the maintenance and continuous improvement of the operator’s fatigue risk management system (if any);
(n) ensuring the operator’s personnel understand the operator’s safety policy;
(o) implementing and managing the operator’s processes for identifying and addressing deficiencies in training outcomes for the operator’s authorised Part 141 training, including the processes mentioned in subregulation (5).
Note: For the definition of civil aviation legislation, see section 3 of the Act.
(3) For paragraph (2)(g), the information is the following:
(a) a training plan and syllabus for each kind of training;
(b) a description of the operator’s process to determine the competency of course participants;
(c) a description of the operator’s process to manage underperformance of course participants;
(d) a description of how the operator ensures supervision of course participants when they are receiving training;
(e) information about how the operator:
(i) plans, delivers and reviews the training; and
(ii) monitors the progress of course participants to clearly defined knowledge and flight standards; and
(iii) maintains records of the results achieved by course participants in training activities and assessments; and
(iv) ensures that it has the training facilities and resources to provide the training; and
(v) maintains its training facilities and resources.
(4) For paragraph (2)(h), the requirements are the following:
(a) the conduct of the training must be monitored effectively;
(b) each instructor who conducts the training must:
(i) be authorised under Part 61 to conduct the training; and
(ii) meet the requirements in the operator’s operations manual about training in human factors principles and non‑technical skills; and
(iii) have an understanding of the operator’s training syllabus for the training; and
(iv) hold a valid standardisation and proficiency check for the operator under regulation 141.190; and
(v) be supervised effectively; and
(vi) comply with the operator’s operations manual.
(5) For paragraph (2)(o), the processes are the following:
(a) a process for auditing the training;
(b) a process for promoting the continual improvement of the training;
(c) a process for evaluating the training outcomes from pre‑flight test assessments and post‑flight test feedback from flight examiners;
(d) a process for regularly assessing the suitability of the operator’s facilities and resources for conducting the training;
(e) a process for recommending changes to a process mentioned in paragraphs (a), (b), (c) or (d).
141.155 Part 141 operators—key personnel: additional qualification and experience requirements
(1) This regulation applies to:
(a) an applicant for a Part 141 certificate; or
(b) a Part 141 operator.
(2) CASA may, by written notice given to the applicant or operator, direct that any of the key personnel of the applicant or operator must have stated additional qualifications or experience to those otherwise required under this Subpart.
(3) If satisfied that it is necessary in the interests of aviation safety, CASA may, by written notice given to a person who is, or is proposed to be, any of the key personnel of the applicant or operator, direct the person:
(a) to undertake a stated examination; or
(b) to be interviewed by CASA; or
(c) to complete a stated training course.
(4) In deciding whether to give a direction under this regulation, CASA must have regard to, but is not limited to considering, the following:
(a) the need to ensure that the applicant or operator can conduct safe authorised Part 141 flight training in accordance with its operations manual and civil aviation legislation;
(b) the nature and complexity of the training;
(c) the leadership, management and standards‑setting skills required by the person for the training;
(d) how recently the person has used his or her aviation skills;
(e) whether the person is able to exercise the privileges of each civil aviation authorisation held by the person.
141.160 Part 141 operators—reference library
(1) A Part 141 operator commits an offence if the operator does not maintain a reference library that complies with subregulation (2).
Penalty: 50 penalty units.
(2) For subregulation (1), the reference library must:
(a) include the following documents:
(i) all operational documents and material;
(ii) the civil aviation legislation that is relevant to the operator’s authorised Part 141 flight training;
(iii) the parts of the AIP that are relevant to the training;
(iv) documents that include information about the flight operations of each kind of aircraft operated by the operator to conduct the training that is necessary to ensure the safe conduct of the training;
(v) documents that include information about the operation or maintenance of each kind of flight simulation training device operated by the operator to conduct the training;
(vi) any other publications, information or data required for the reference library by the operator’s operations manual; and
(b) be readily available to all members of the operator’s personnel; and
(c) be up‑to‑date and in a readily accessible form.
(3) A Part 141 operator commits an offence if the operator does not keep up‑to‑date records of the distribution of operational documents to members of the operator’s personnel.
Penalty: 50 penalty units.
(4) An offence against this regulation is an offence of strict liability.
Subpart 141.E—Part 141 operators—instructors
141.165 Part 141 operators—instructors must comply with Part 141 certificate
(1) An instructor for a Part 141 operator commits an offence if the instructor conducts Part 141 flight training otherwise than in accordance with the operator’s Part 141 certificate.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
141.170 Part 141 operators—instructors must comply with operations manual
(1) An instructor for a Part 141 operator commits an offence if the instructor conducts authorised Part 141 flight training for the operator otherwise than in accordance with the operator’s operations manual.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
141.175 Part 141 operators—instructors must be authorised under Part 61
(1) A Part 141 operator commits an offence if:
(a) an instructor for the operator conducts authorised Part 141 flight training for the operator; and
(b) the instructor is not authorised under Part 61 to conduct the training.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
141.180 Part 141 operators—instructors must have access to records
(1) A Part 141 operator commits an offence if:
(a) an instructor for the operator conducts authorised Part 141 flight training for the operator; and
(b) the instructor does not have access to the operator’s training records for course participants.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
141.185 Part 141 operators—instructors must hold valid standardisation and proficiency check for operator
(1) A Part 141 operator commits an offence if:
(a) an instructor for the operator conducts authorised Part 141 flight training for the operator; and
(b) the instructor does not hold a valid standardisation and proficiency check for the operator under regulation 141.190.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
141.190 Part 141 operators—holding valid standardisation and proficiency check for operator
(1) An instructor for a Part 141 operator holds a valid standardisation and proficiency check for the operator if:
(a) the instructor has successfully completed the operator’s standardisation and proficiency check; and
(b) the check complies with regulation 141.195; and
(c) under subregulation (2) or (3), the check is valid.
(2) A standardisation and proficiency check is valid for the period comprising:
(a) the period beginning on the day on which the check is completed, and ending at the end of the month in which the check is completed; and
(b) the period of 12 months immediately following the month in which the check was completed.
(3) If:
(a) an instructor holds a standardisation and proficiency check that is valid under subregulation (2) (the existing check); and
(b) the instructor successfully completes a new standardisation and proficiency check on a day that is less than 3 months before the day on which the existing check is due to expire;
the new check is valid for 12 months beginning at the end of the day on which the existing check expires.
141.195 Part 141 operators—standardisation and proficiency check requirements
(1) A Part 141 operator’s standardisation and proficiency check for an instructor must, for the flight training that the operator has engaged the instructor to conduct, check the competency of the instructor to:
(a) deliver ground briefings in accordance with the operator’s training syllabus; and
(b) deliver flight training in an aircraft or flight simulation training device in accordance with the operator’s training syllabus.
(2) The check must be carried out by:
(a) the operator’s head of operations; or
(b) a person authorised to conduct the check by the operator’s head of operations.
141.200 Part 141 operators—instructors—training in human factors principles and non‑technical skills
(1) A Part 141 operator commits an offence if:
(a) an instructor for the operator conducts authorised Part 141 flight training for the operator; and
(b) the instructor does not meet the requirements in the operator’s operations manual about training in human factors principles and non‑technical skills.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
141.205 Part 141 operators—instructors must be competent to conduct flight training in flight simulation training device
(1) A Part 141 operator commits an offence if:
(a) an instructor for the operator conducts authorised Part 141 flight training for the operator in a flight simulation training device; and
(b) the instructor has not been assessed by the operator as competent to conduct the training in the device.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
141.210 Part 141 operators—person recommended for flight test
(1) A Part 141 operator and the operator’s head of operations each commit an offence if:
(a) a person is recommended for a flight test by:
(i) the head of operations; or
(ii) a person named in the operator’s operations manual as responsible for the authorised Part 141 flight training to which the flight test relates; and
(b) the person is not eligible under regulation 61.235 to undertake the test.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
Subpart 141.G—Part 141 operators—quality system
141.225 Part 141 operators—quality system for flight simulation training devices
(1) A Part 141 operator that conducts authorised Part 141 flight training in a flight simulation training device must have a quality system that ensures the correct operation and maintenance of the device.
(2) The quality system must cover at least the following matters:
(a) quality policy;
(b) management responsibility;
(c) document control;
(d) resource allocation;
(e) quality procedures;
(f) internal audit.
Subpart 141.I—Part 141 operators—operations manuals
141.260 Part 141 operators—content of operations manual
(1) An operations manual for a Part 141 operator must include the following:
(a) the operator’s name (including any operating or trading name), contact details and ABN (if any);
(b) the address of:
(i) the operator’s operational headquarters; and
(ii) each of the operator’s training bases;
(c) a description and diagram of the operator’s organisational structure showing formal reporting lines including the formal reporting lines for each of the key personnel;
(d) if the operator is a corporation—a description of the operator’s corporate structure;
(e) for each of the key personnel, the following information:
(i) the qualifications and experience (if any) required by the operator for the position in addition to the qualifications and experience required under Subpart 141.D for the position;
(ii) each matter (if any) for which the holder of the position is responsible in addition to the responsibilities mentioned in Subpart 141.D for the position;
(iii) the name of the person appointed to the position;
(iv) the name of each person authorised to carry out the responsibilities of the position when the position holder:
(A) is absent from the position; or
(B) cannot carry out the responsibilities;
(v) a description of how the operator will manage the responsibilities of the position during a circumstance mentioned in subparagraph (iv);
(f) each matter (if any) for which the chief executive officer is accountable in addition to the matters mentioned in regulation 141.120;
(g) the name of each instructor appointed by the operator’s head of operations to have responsibility for particular authorised Part 141 flight training;
(h) a description of the operator’s program for training and assessing personnel in human factors principles and non‑technical skills;
(i) details of the responsibilities of the operator’s personnel (other than key personnel) under these Regulations;
(j) a description of the authorised Part 141 flight training conducted by the operator including the training plans and syllabuses for the training;
(k) a description of the procedures by which the operator conducts and manages the training, including the supervision of instructors and course participants;
(l) if the operator conducts the training in aircraft:
(i) for each registered aircraft—the kind of aircraft and its registration mark; and
(ii) for each foreign registered aircraft—the kind of aircraft and its nationality and registration marks; and
(iii) a description of any leasing or other arrangements for the supply of any turbine‑engined aircraft; and
(iv) a description of the way any turbine‑engined aircraft are managed and maintained, and the way continuing airworthiness of the aircraft is assured; and
(v) a description of each flight training area;
(m) if the training includes training for a flight crew licence or rating of a kind for which low‑flying flight training is required—a description of how the operator will determine a suitable flight training area for the training;
(ma) a description of the operator’s safety policy;
(mb) a description of how the operator will identify and address deficiencies in training outcomes of its authorised Part 141 flight training, including the operator’s processes for:
(i) auditing the training; and
(ii) promoting the continual improvement of the training; and
(iii) evaluating the training outcomes from pre‑flight test assessments and post‑flight test feedback from flight examiners; and
(iv) regularly assessing the suitability of the operator’s facilities and resources for conducting the training; and
(v) recommending changes to a process mentioned in subparagraph (i), (ii), (iii) or (iv);
(n) if the operator conducts the training in flight simulation training devices:
(ia) a description of the operator’s quality system;
(i) a description of the devices used by the operator in conducting the training; and
(ii) for each device—each purpose mentioned in Part 61 that the device may be used for; and
(iii) for flight simulators and flight training devices—a description of the procedures by which the operator ensures the qualification of the simulators and devices under Part 60; and
(iv) for synthetic trainers—a description of the procedures by which the operator ensures the approval of the trainers under Civil Aviation Order 45.0; and
(v) for any other device—a description of the procedures by which the operator ensures that the device:
(A) meets the qualification standards prescribed by a legislative instrument under regulation 61.045; or
(B) is qualified (however described) by the national aviation authority of a recognised foreign State (within the meaning of regulation 61.010);
(o) a description of the way the operator manages the risk of fatigue in its personnel, including the operator’s fatigue risk management system manual (if any);
(p) the facilities used by the operator for the activities;
(q) a description of any operations, other than the training, conducted by the operator;
(r) a dangerous goods manual (if any);
(s) a description of the operator’s process for making changes including:
(i) identifying changes that are significant changes; and
(ii) identifying changes that are not significant changes; and
(iii) telling CASA of the changes;
(t) a description of any other matter required to be approved by CASA under these Regulations in relation to the training;
(u) a matter prescribed by a legislative instrument under regulation 141.040 for this paragraph.
(2) An operations manual for a Part 141 operator may include a list of material required for the operator’s reference library.
141.265 Part 141 operators—compliance with operations manual by operator
(1) A Part 141 operator commits an offence if the operator contravenes a provision of its operations manual.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
141.270 Part 141 operators—providing personnel with operations manual
(1) A Part 141 operator commits an offence if:
(a) the operator’s operations manual relates to a duty or responsibility of a person who is a member of the operator’s personnel; and
(b) the operator does not make the part of the operations manual that relates to the duty or responsibility available to the person before the person first begins carrying out the duty or responsibility.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
Subpart 141.J—Part 141 operators—logs and records
141.275 Part 141 operators—making and keeping flight training records
(1) A Part 141 operator commits an offence if:
(a) a person completes a session of the operator’s authorised Part 141 flight training; and
(b) a record of the training is not made within 7 days after the session.
Penalty: 50 penalty units.
(2) A Part 141 operator commits an offence if the operator does not retain a record made under subregulation (1) for at least 7 years after the record is made.
Penalty: 50 penalty units.
(3) An offence against this regulation is an offence of strict liability.
141.280 Part 141 operators—availability of flight training records
(1) A Part 141 operator commits an offence if:
(a) a record is made under regulation 141.275; and
(b) the operator does not give a copy of the record to the person to whom it relates within 7 days after the record is made.
Penalty: 50 penalty units.
(2) A Part 141 operator commits an offence if:
(a) a record is made under regulation 141.275; and
(b) the operator receives a request from another Part 141 operator for a copy of the record; and
(c) the operator holds a written authority from the person to whom the record relates to provide a copy of the person’s records to another Part 141 operator if requested; and
(d) the operator does not give a copy of the record to the other Part 141 operator within 7 days after receiving the request.
Penalty: 50 penalty units.
(3) An offence against this regulation is an offence of strict liability.
Subpart 141.K—Part 141 operators—miscellaneous offences
141.285 Part 141 operators—suitable facilities, records and resources for flight test
(1) This regulation applies if a Part 141 operator arranges with a flight examiner for the examiner to conduct a flight test.
(2) The Part 141 operator commits an offence if suitable facilities, records and resources are not available to the flight examiner for the flight test.
Penalty: 50 penalty units.
141.290 Part 141 operators—pilot in command to be authorised under Part 61
(1) A Part 141 operator commits an offence if:
(a) a person flies an aircraft used in the operator’s authorised Part 141 flight training as pilot in command; and
(b) the person is not authorised under Part 61 to fly the aircraft as pilot in command.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
Note: See also subsection 20AB(1) of the Act.
141.295 Part 141 operators—carriage of passengers prohibited during abnormal operations or low‑flying flight training
(1) A Part 141 operator commits an offence if:
(a) during a flight of an aircraft for authorised Part 141 flight training for the operator:
(i) a simulated engine or system failure that affects the aircraft’s performance or handling characteristics is conducted; or
(ii) low‑flying flight training is conducted; and
(b) a passenger is carried on the flight.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
141.300 Part 141 operators—authorisation of carriage of passengers
(1) A Part 141 operator commits an offence if:
(a) a person flies an aircraft used in the operator’s authorised Part 141 flight training as pilot in command; and
(b) the operator authorises the carriage of a passenger on the flight; and
(c) the person is not authorised under Part 61 to fly the aircraft as pilot in command with a passenger on board.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
141.305 Part 141 operators—completion of training and assessment of competency for certain solo flights
Student pilots
(1) A Part 141 operator commits an offence if:
(a) a student pilot who is undertaking authorised Part 141 flight training with the operator conducts a solo flight of a kind mentioned in subregulation (2) for the first time; and
(b) the student pilot does not meet the requirements mentioned in subregulation (3).
Penalty: 50 penalty units.
(2) For paragraph (1)(a), the kinds of solo flight are the following:
(a) a circuit training flight;
(b) a flight between an aerodrome and the flight training area for the aerodrome;
(c) a cross‑country flight;
(d) a flight at night.
(3) For paragraph (1)(b), the requirements are the following:
(a) the student pilot must have completed the training mentioned in the operator’s operations manual that relates to the conduct of a solo flight of that kind by a student pilot;
(b) the student pilot must have been assessed by the operator as competent to conduct the solo flight;
(c) if the flight is a flight of a kind mentioned in paragraph (2)(c) or (d)—the student pilot must have completed at least 2 hours of dual instrument time, 1 hour of which is conducted during dual instrument flight time.
Holders of pilot licences
(4) A Part 141 operator commits an offence if:
(a) the holder of a pilot licence who is receiving flight training from the operator for a rating or endorsement on the pilot’s licence conducts a solo flight at night for the first time; and
(b) the flight training is authorised Part 141 training for the operator; and
(c) the holder does not meet the requirements mentioned in subregulation (5).
Penalty: 50 penalty units.
(5) For paragraph (4)(c), the requirements are the following:
(a) the holder must have completed the training mentioned in the operator’s operations manual that relates to the conduct of a solo flight for flight training for the rating or endorsement;
(b) the holder must have been assessed by the operator as competent to conduct the solo flight.
(6) A Part 141 operator commits an offence if:
(a) the holder of a pilot licence who is receiving flight training from the operator for a recreational navigation endorsement conducts a solo cross‑country flight or a flight at night for the first time; and
(b) the holder has not completed at least 2 hours of dual instrument time, 1 hour of which is conducted during dual instrument flight time.
Penalty: 50 penalty units.
(7) An offence against this regulation is an offence of strict liability.
Note: See also Subdivision 61.A.3.1 and regulation 61.1225.
141.306 Part 141 operators—appropriate briefing and capability to conduct certain solo flights etc.
(1) A Part 141 operator commits an offence if:
(a) a person who is undertaking authorised Part 141 flight training with the operator conducts a solo flight for the first time; and
(b) the person does not meet the requirements mentioned in subregulation (2).
Penalty: 50 penalty units.
(2) For paragraph (1)(b), the requirements are the following:
(a) the person must have been briefed appropriately for the flight;
(b) the person must be capable of conducting the flight safely;
(c) if the person is a student pilot—the person must:
(i) have been assessed by CASA or an examiner as meeting the general English language proficiency standard mentioned in the Part 61 Manual of Standards; or
(ii) have completed an approved course of training in English language proficiency;
(d) the person must have an ARN.
(3) Strict liability applies to paragraph (1)(a).
Note: See also Subdivision 61.A.3.1 and regulation 61.1225.
141.310 Part 141 operators—dealings in relation to suspended, cancelled, varied, pending or refused civil aviation authorisations: when approval required
Requirement for approval
(1) A Part 141 operator commits an offence if:
(a) the operator does an act mentioned in subregulation (2), (4), (6) or (8); and
(b) the operator does not hold an approval under regulation 141.035 to do the act.
Penalty: 50 penalty units.
Acts in relation to cancelled authorisations
(2) For paragraph (1)(a), the acts are the following:
(a) to use, in any of the operator’s authorised Part 141 flight training, an aircraft the operation of which was authorised by a cancelled authorisation;
(b) to employ, in connection with any of the operator’s authorised Part 141 flight training, a person who was, at the time of the cancellation, employed in connection with an operation the conduct of which was authorised by a cancelled authorisation;
(c) to conduct an operation, or part of an operation, the conduct of which was authorised by a cancelled authorisation.
Acts in relation to suspended or varied authorisations
(3) Subregulation (4) applies in relation to a suspended or varied authorisation.
(4) For paragraph (1)(a), the acts are the following:
(a) to use, in any of the operator’s authorised Part 141 flight training, an aircraft the operation of which:
(i) was, immediately before the suspension or variation, authorised by the authorisation; but
(ii) is no longer authorised by the authorisation as suspended or varied;
(b) to employ, in connection with any of the operator’s authorised Part 141 flight training, a person who was, at the time of the suspension or variation, employed in connection with an operation the conduct of which:
(i) was, immediately before the suspension or variation, authorised by the authorisation; but
(ii) is no longer authorised by the authorisation as suspended or varied;
(c) to conduct an operation, or part of an operation, the conduct of which:
(i) was, immediately before the suspension or variation, authorised by the authorisation; but
(ii) is no longer authorised by the authorisation as suspended or varied.
Note: See section 28BB of the Act in relation to varying AOC conditions.
Pending applications for authorisations
(5) Subregulation (6) applies in relation to an application for a civil aviation authorisation that has not been finally determined by CASA.
(6) For paragraph (1)(a), the acts are the following:
(a) to use, in any of the operator’s authorised Part 141 flight training, an aircraft the operation of which would be authorised by the authorisation;
(b) to employ, in connection with any of the operator’s authorised Part 141 flight training, a person employed, or proposed to be employed, in connection with an operation the conduct of which would be authorised by the authorisation;
(c) to conduct an operation, or part of an operation, the conduct of which would be authorised by the authorisation.
Application for authorisation refused
(7) Subregulation (8) applies in relation to an application for a civil aviation authorisation that has been refused by CASA.
(8) For paragraph (1)(a), the acts are the following:
(a) to use, in any of the operator’s authorised Part 141 flight training, an aircraft the use of which would have been authorised by the authorisation;
(b) to employ, in connection with any of the operator’s authorised Part 141 flight training, a person employed, or proposed to be employed, in connection with an operation the conduct of which would have been authorised by the authorisation;
(c) to conduct an operation, or part of an operation, the conduct of which would have been authorised by the authorisation.
(9) An offence against this regulation is an offence of strict liability.
(10) In this regulation:
cancelled authorisation means a civil aviation authorisation that has been cancelled otherwise than on application by the holder of the authorisation.
employ includes engage, whether by contract or other arrangement.
suspended authorisation means a civil aviation authorisation that has been suspended otherwise than on application by the holder of the authorisation.
varied authorisation means a civil aviation authorisation that has been varied otherwise than on application by the holder of the authorisation.
141.315 Part 141 operators—maximum period for use of foreign registered aircraft in Australian territory
(1) A Part 141 operator commits an offence if, in any 12 month period, the operator uses a foreign registered aircraft to conduct authorised activities in Australian territory for a total of more than the number of days mentioned in subregulation (2).
Penalty: 50 penalty units.
(2) For subregulation (1), the number of days is:
(a) 90; or
(b) if the operator holds an approval under regulation 141.035 for this regulation in relation to the aircraft—the number mentioned in the approval for the aircraft.
(3) An offence against this regulation is an offence of strict liability.
(4) In this regulation:
authorised activity, for a Part 141 operator, means an activity authorised by a civil aviation authorisation held by the operator.
Part 142—Integrated and multi‑crew pilot flight training, contracted recurrent training and contracted checking
Table of contents
Subpart 142.A—General
142.005 What Part 142 is about
142.010 Part 142 applies only to aeroplanes, rotorcraft, airships and flight simulation training devices
142.015 Definitions of Part 142 activity, Part 142 flight training, Part 142 authorisation, Part 142 operator and authorised Part 142 activity for Part 142
142.020 Definitions of contracted checking, contracted recurrent training and contracting operator for Part 142
142.025 Definition of key personnel for Part 142
142.030 Definition of significant change for Part 142
142.035 Definitions for Part 142
142.040 Approvals by CASA for Part 142
142.045 Legislative instruments—Part 142 operators
142.050 Part 142 activities—requirement for Part 142 authorisation
142.055 Part 142 activities—compliance with Part 142 authorisations: offence for operators
142.060 Part 142 activities—compliance with conditions of Part 142 authorisations: offence for operators
Subpart 142.B—Part 142 authorisations
Division 142.B.1—AOCs for Part 142 activities that involve operation of aircraft
142.065 Prescribed purpose—Part 142 activities involving the operation of aircraft
142.070 Prescribed position—safety manager
142.075 Required material—reference library
142.080 AOC—application
142.085 AOC—conditions for issue
142.095 AOC—approval of exposition
142.100 AOC—conditions
Division 142.B.2—Certificates for Part 142 activities conducted in flight simulation training devices
142.105 Certificate—application
142.110 Certificate—issue
142.115 Certificate—approval of exposition
142.120 Certificate—conditions
142.125 Certificate holders—reference library
142.130 Certificate holders—regulations 11.070 to 11.075 do not apply in relation to certain matters
Subpart 142.C—Part 142 operators—changes
142.135 Part 142 operators—changes of name etc
142.140 Part 142 operators—application for approval of significant change
142.145 Part 142 operators—approval of significant changes
142.150 Part 142 operators—process for making changes
142.155 Part 142 operators—CASA directions relating to exposition or key personnel
Subpart 142.D—Part 142 operators—organisation and personnel
142.160 Part 142 operators—organisation and personnel
142.165 Part 142 operators—key personnel cannot carry out responsibilities
142.170 Part 142 operators—familiarisation training for key personnel
142.175 Part 142 operators—chief executive officer: experience
142.180 Part 142 operators—chief executive officer: responsibilities and accountabilities
142.185 Part 142 operators—head of operations: qualifications and experience
142.190 Part 142 operators—head of operations: responsibilities
142.195 Part 142 operators—safety manager: experience
142.200 Part 142 operators—safety manager: responsibilities
142.205 Part 142 operators—quality assurance manager: experience
142.210 Part 142 operators—quality assurance manager: responsibilities
142.215 Part 142 operators—key personnel: additional qualifications and experience requirements
Subpart 142.E—Part 142 operators—instructors and examiners
142.220 Part 142 activities—instructors and examiners must comply with Part 142 authorisation
142.225 Part 142 activities—instructors and examiners must comply with exposition
142.230 Part 142 operators—instructors and examiners must be authorised under Part 61
142.235 Part 142 operators—instructors and examiners must have access to records
142.240 Part 142 operators—instructors and examiners must be competent to conduct authorised Part 142 activities in flight simulation training devices
142.245 Part 142 operators—person recommended for flight test
Subpart 142.F—Part 142 operators—training management system
142.250 Part 142 operators—training management system
142.255 Part 142 operators—training management system requirements
Subpart 142.G—Part 142 operators—safety management system
142.260 Part 142 operators—safety management system
142.265 Part 142 operators—safety management system requirements
Subpart 142.H—Part 142 operators—quality assurance management system
142.270 Part 142 operators—quality assurance management system
142.275 Part 142 operators—quality assurance management system requirements
Subpart 142.I—Part 142 operators—personnel fatigue management
Subpart 142.J—Part 142 operators—internal training and checking
142.310 Part 142 operators—internal training and checking system
142.315 Part 142 operators—internal training and checking system requirements
142.320 Part 142 operators—proficiency of instructors
142.325 Part 142 operators—holding valid standardisation and proficiency check for operator
142.330 Part 142 operators—standardisation and proficiency check requirements
142.335 Part 142 operators—instructors and examiners—training in human factors principles and non‑technical skills
Subpart 142.K—Part 142 operators—expositions
142.340 Part 142 operators—content of exposition
142.345 Part 142 operators—compliance with exposition by operator
142.350 Part 142 operators—providing personnel with exposition
Subpart 142.L—Part 142 operators—logs and records
142.355 Part 142 operators—making and keeping records
142.360 Part 142 operators—availability of records
Subpart 142.M—Part 142 operators—miscellaneous offences
142.365 Part 142 operators—pilot in command for training to be authorised under Part 61
142.370 Part 142 operators—carriage of passengers prohibited during abnormal operations or low‑flying activity
142.375 Part 142 operators—authorisation of carriage of passengers
142.380 Part 142 operators—integrated training courses: transfer of student from another Part 142 operator
142.385 Part 142 operators—completion of training and assessment of competency for certain solo flights
142.386 Part 142 operators—appropriate briefing and capability to conduct certain solo flights etc.
142.390 Part 142 operators—dealings in relation to cancelled, suspended, varied, pending or refused civil aviation authorisations: when approval required
142.395 Part 142 operators—maximum period for use of foreign registered aircraft in Australian territory
Subpart 142.A—General
142.005 What Part 142 is about
This Part:
(a) deals with the conduct of integrated and multi‑crew pilot flight training, contracted recurrent training and contracted checking; and
(b) makes provision for applicants for, and holders of, Part 142 authorisations (which are AOCs or other certificates that deal with the training and checking mentioned in paragraph (a)).
Note: See also Division 2 of Part III of the Act in relation to AOCs generally.
142.010 Part 142 applies only to aeroplanes, rotorcraft, airships and flight simulation training devices
(1) This Part applies only to:
(a) an aeroplane, rotorcraft or airship; or
(b) a flight simulation training device for an aircraft mentioned in paragraph (a).
(2) Accordingly, a reference in this Part to an aircraft is a reference to an aeroplane, rotorcraft or airship.
142.015 Definitions of Part 142 activity, Part 142 flight training, Part 142 authorisation, Part 142 operator and authorised Part 142 activity for Part 142
(1) A Part 142 activity is any of the following conducted in an aircraft or a flight simulation training device:
(a) Part 142 flight training;
(b) contracted recurrent training;
(c) contracted checking.
(2) Part 142 flight training is any of the following:
(a) an integrated training course for the grant under Part 61 of a private pilot licence or commercial pilot licence;
(b) training for the grant under Part 61 of a multi‑crew pilot licence, air transport pilot licence or flight engineer licence;
(c) multi‑crew cooperation training;
(d) training for the grant under Part 61 of a type rating other than a type rating mentioned in an instrument under regulation 142.045;
(da) training, conducted as a multi‑crew operation, for the grant under Part 61 of a flight crew rating other than a type rating;
(e) training, conducted as a multi‑crew operation, for the grant under Part 61 of a flight crew endorsement other than:
(i) a design feature endorsement; or
(ii) a flight activity endorsement;
(f) training that is given as part of a flight review that is conducted as a multi‑crew operation;
(g) differences training:
(i) that is required as mentioned in regulation 61.780, 61.835 or 61.1370 for a variant covered by a type rating that is not a type rating mentioned in a legislative instrument under regulation 142.045; and
(ii) that is not conducted by a training and checking organisation approved under regulation 217 of CAR.
(3) An authorised Part 142 activity, for a Part 142 operator, is a Part 142 activity mentioned in the operator’s Part 142 authorisation.
(4) A Part 142 operator is the holder of a Part 142 authorisation.
(5) A Part 142 authorisation is:
(a) an AOC that authorises the conduct of a Part 142 activity in an aircraft; or
(b) a certificate under Division 142.B.2 that authorises the conduct of a Part 142 activity in a flight simulation training device.
142.020 Definitions of contracted checking, contracted recurrent training and contracting operator for Part 142
In this Part:
contracted checking means checking conducted by a Part 142 operator for a contracting operator.
contracted recurrent training means recurrent training conducted by a Part 142 operator for a contracting operator.
contracting operator means an aircraft operator who enters into a contract with a Part 142 operator for the Part 142 operator to conduct:
(a) recurrent training for the aircraft operator; or
(b) checking for the aircraft operator.
142.025 Definition of key personnel for Part 142
In this Part:
key personnel, for a Part 142 operator, means the people (however described) that hold, or carry out the responsibilities of, the following positions in the operator’s organisation:
(a) chief executive officer;
(b) head of operations;
(c) if the operator conducts authorised Part 142 activities only in aircraft, or aircraft and flight simulation training devices—safety manager;
(d) if the operator conducts authorised Part 142 activities only in flight simulation training devices—quality assurance manager.
142.030 Definition of significant change for Part 142
In this Part:
significant change, for a Part 142 operator, means:
(a) a change in relation to any of the following:
(i) the location and operation of any of the operator’s training bases, including the opening or closing of training bases;
(ii) the operator’s corporate structure;
(iii) the operator’s organisational structure;
(iv) the operator’s key personnel;
(v) a person authorised to carry out the responsibilities of any of the key personnel;
(vi) the formal reporting line for a managerial or operational position reporting directly to any of the key personnel;
(vii) the qualifications, experience and responsibilities required by the operator for any of the key personnel;
(viii) the familiarisation training mentioned in regulation 142.170 for any of the key personnel;
(ix) the operator’s process for making changes:
(A) that are significant changes; and
(B) that are not significant changes;
(x) the authorised Part 142 activities conducted by the operator;
(xi) if the operator conducts the activities in aircraft—the kinds of aircraft used to conduct the activities;
(xii) if the operator conducts the activities in turbine‑engined aircraft—any leasing or other arrangements for the supply of a turbine‑engined aircraft;
(xiii) if the operator conducts the activities in flight simulation training devices:
(A) the ownership arrangements for a device; or
(B) the types of devices; or
(b) if the operator conducts the activities in foreign registered aircraft:
(i) a change in the foreign registered aircraft used in the activities; or
(ii) a change in relation to a foreign registered aircraft used in the activities, including a change to its nationality or registration mark; or
(c) a change in relation to any of the following that does not maintain or improve, or is not likely to maintain or improve, aviation safety:
(i) the procedures by which the operator conducts and manages the activities;
(ii) the operator’s operations manual;
(iii) the operator’s dangerous goods manual (if any);
(iv) the operator’s training management system manual;
(v) the way that the operator manages the risk of fatigue in its personnel;
(vi) the operator’s internal training and checking system manual;
(vii) if the operator conducts the activities only in aircraft, or in aircraft and flight simulation training devices—the operator’s safety management system manual;
(viii) if the operator conducts the activities only in flight simulation training devices—the operator’s quality assurance management system manual;
(ix) if the operator conducts the activities in aircraft:
(A) the way the aircraft are managed or maintained; or
(B) the way the continuing airworthiness of the aircraft is assured; or
(d) a change required to be approved by CASA under these Regulations, other than a change that results in the reissue or replacement of an instrument previously issued by CASA in which the conditions or other substantive content of the instrument are unchanged.
142.035 Definitions for Part 142
In this Part:
aircraft: see regulation 142.010.
authorised Part 142 activity, for a Part 142 operator: see subregulation 142.015(3).
checking means the assessment of proficiency of the personnel of an aircraft operator or the operator of a flight simulation training device that is conducted to ensure that the personnel are competent to carry out their responsibilities.
conducts: a Part 142 operator conducts a Part 142 activity if an instructor or examiner for the operator conducts the activity on behalf of the operator.
contracted checking: see regulation 142.020.
contracted recurrent training: see regulation 142.020.
contracting operator: see regulation 142.020.
corporation: see regulation 11.015.
examiner, for a Part 142 operator, means a flight examiner or flight engineer examiner engaged by the operator:
(a) to conduct flight tests for the grant of a licence, rating or endorsement under Part 61 on behalf of the operator; or
(b) to conduct contracted checking on behalf of the operator.
exposition, for a Part 142 operator, means:
(a) the set of documents approved by CASA under regulation 142.095 or 142.115 in relation to the operator; and
(b) if the set of documents is changed under regulation 142.135, 142.145 or 142.155, or the process mentioned in regulation 142.150—the set of documents as changed.
instructor, for a Part 142 operator, means a person engaged by the operator to conduct Part 142 flight training or contracted recurrent training on behalf of the operator.
key personnel, for a Part 142 operator: see regulation 142.025.
low‑flying activity means a flight that is conducted below 500 feet AGL, other than:
(a) climbing from take‑off; and
(b) descending for the purpose of landing.
officer, of a corporation, means:
(a) for a corporation that is a company (within the meaning of the Corporations Act 2001)—a director, secretary or executive officer of the corporation; or
(b) for a corporation of any other kind—a person exercising responsibility, in relation to the corporation, as nearly as possible the same as that of a director, secretary or executive officer of a company (within the meaning of the Corporations Act 2001).
Part 142 activity: see subregulation 142.015(1).
Part 142 authorisation: see subregulation 142.015(5).
Part 142 flight training: see subregulation 142.015(2).
personnel, for a Part 142 operator, includes any of the following persons who have duties or responsibilities that relate to the safe conduct of the operator’s authorised Part 142 activities:
(a) an employee of the operator;
(b) a person engaged by the operator (whether by contract or other arrangement) to provide services to the operator;
(c) an employee of a person mentioned in paragraph (b).
recurrent training means the training of the personnel of an aircraft operator or the operator of a flight simulation training device that is conducted to ensure that the personnel are competent to carry out their responsibilities.
significant change, for a Part 142 operator: see regulation 142.030.
training base, for a Part 142 operator, means a facility from which the operator conducts flight training, recurrent training or checking.
142.040 Approvals by CASA for Part 142
(1) If a provision of this Part refers to a person holding an approval under this regulation, the person may apply to CASA, in writing, for the approval.
(2) Subject to regulation 11.055, CASA must grant the approval.
(3) Subregulation 11.055(1B) applies to the granting of an approval under this regulation for the following provisions:
(a) paragraph 142.050(3)(b);
(b) paragraph 142.185(1)(b);
(c) paragraph 142.185(4)(a).
142.045 Legislative instruments—Part 142 operators
For paragraph 98(5A)(a) of the Act, CASA may issue a legislative instrument to prescribe the following:
(a) type ratings for paragraph (d) and subparagraph (g)(i) of the definition of Part 142 flight training in subregulation 142.015(2);
(b) matters for paragraph 142.340(1)(v).
142.050 Part 142 activities—requirement for Part 142 authorisation
(1) A person commits an offence if:
(a) the person conducts a Part 142 activity in an aircraft; and
(b) the person does not hold an AOC that authorises the person to conduct the activity.
Penalty: 50 penalty units.
(2) A person commits an offence if:
(a) the person conducts a Part 142 activity in a flight simulation training device; and
(b) the person does not meet the requirement mentioned in subregulation (3).
Penalty: 50 penalty units.
(3) For paragraph (2)(b), the requirement is that the person must hold:
(a) a certificate under Division 142.B.2 that authorises the person to conduct the activity; or
(b) an approval under regulation 142.040 to conduct the activity.
(4) An offence against this regulation is an offence of strict liability.
142.055 Part 142 activities—compliance with Part 142 authorisations: offence for operators
(1) A Part 142 operator commits an offence if the operator conducts an authorised Part 142 activity for the operator otherwise than in accordance with its Part 142 authorisation.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
142.060 Part 142 activities—compliance with conditions of Part 142 authorisations: offence for operators
(1) A Part 142 operator commits an offence if the operator contravenes a condition of its Part 142 authorisation.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
Subpart 142.B—Part 142 authorisations
Division 142.B.1—AOCs for Part 142 activities that involve operation of aircraft
142.065 Prescribed purpose—Part 142 activities involving the operation of aircraft
For subsection 27(9) of the Act, conducting a Part 142 activity that involves the operation of an aircraft is a prescribed purpose.
142.070 Prescribed position—safety manager
For paragraph (e) of the definition of key personnel in subsection 28(3) of the Act, the position of safety manager is prescribed for this Part.
142.075 Required material—reference library
For paragraph 28BH(2)(b) of the Act, the following material is required for a Part 142 operator that holds an AOC that authorises the conduct of Part 142 activities that involve the operation of aircraft:
(a) the civil aviation legislation that is relevant to the activities;
(b) the parts of the AIP that are relevant to the activities;
(c) all information about the flight operations of each kind of aircraft that is necessary to ensure the safe conduct of the activities;
(d) any other publications, information or data required for the reference library by the operator’s exposition.
142.080 AOC—application
(1) A person may apply to CASA for the issue of an AOC that authorises the person to conduct a Part 142 activity that involves the operation of an aircraft.
(2) The application must include the following:
(a) the applicant’s name (including any operating or trading name), contact details and ABN (if any);
(aa) if the address of the applicant’s operational headquarters is different from its mailing address—the address of its operational headquarters;
(b) if the applicant is an individual—a statement that the individual is, or proposes to be, the applicant’s chief executive officer;
(c) if the applicant is a corporation—the name of each of the officers of the corporation;
(d) if the applicant is a corporation registered in Australia that has an ACN—its ACN and the address of its registered office;
(e) if the applicant is a corporation not registered in Australia—the place at which it was incorporated or formed;
(f) the Part 142 activities that the applicant proposes to conduct;
(g) a written undertaking from the person appointed, or proposed to be appointed, as the applicant’s chief executive officer that, if CASA issues the AOC, the applicant will:
(i) be capable of operating in accordance with its exposition and civil aviation legislation; and
(ii) operate in accordance with its exposition and civil aviation legislation.
Note: See also sections 27AB and 27AC of the Act.
(3) The application must be:
(a) accompanied by a copy of the applicant’s proposed exposition; and
(b) signed by the person appointed, or proposed to be appointed, as the applicant’s chief executive officer.
142.085 AOC—conditions for issue
(1) It is a condition for the issue to the applicant of an AOC that authorises the applicant to conduct Part 142 activities that CASA is satisfied of each of the following:
(a) the applicant’s proposed exposition complies with regulation 142.340;
(b) the applicant can conduct the activities safely and in accordance with its exposition and civil aviation legislation;
(c) if the applicant is an individual—the applicant:
(i) is a fit and proper person to be issued an AOC that authorises the conduct of the activities; and
(ii) is, or proposes to be, the applicant’s chief executive officer;
(d) if the applicant is a corporation—each officer of the corporation is a fit and proper person to be an officer of a corporation that is issued an AOC that authorises the conduct of the activities;
(e) each of the applicant’s proposed key personnel;
(i) is a fit and proper person to be appointed to the position; and
(ii) has the qualifications and experience required by Subpart 142.D for the position; and
(iii) has the qualifications and experience required by the applicant under subparagraph 142.340(1)(e)(i) for the position (if any); and
(iv) has the additional qualifications and experience required by CASA under regulation 142.215 for the position (if any).
Note: These matters are in addition to the matters specified in section 28 of the Act.
(2) For paragraph (1)(b), without limiting the matters that CASA may consider, CASA must consider the following:
(a) the applicant’s proposed exposition;
(b) whether the applicant can comply with the proposed exposition;
(c) the content of the undertaking mentioned in paragraph 142.080(2)(g);
(d) details of, and the reasons for, any suspension or cancellation of:
(i) a civil aviation authorisation issued to the applicant; or
(ii) an equivalent authorisation issued to the applicant:
(A) under the law of a foreign country; or
(B) by a multinational aviation authority;
(e) the suitability of the applicant’s corporate and organisational structures for the activities;
(f) any other information:
(i) accompanying the application; or
(ii) in any other document submitted to CASA by the applicant for the application, including any document requested by CASA in relation to the application.
(3) For paragraphs (1)(c) to (e), the matters CASA may consider in deciding whether a person is a fit and proper person include the following:
(a) the person’s criminal record (if any), whether in Australia or a foreign country;
(b) the person’s bankruptcy (if any), whether in Australia or a foreign country;
(c) the person’s history (if any) of serious behavioural problems;
(d) any evidence held by CASA that the person has contravened:
(i) civil aviation legislation; or
(ii) another law relating to transport (including aviation) safety, whether in Australia or a foreign country;
(e) the person’s demonstrated attitude towards compliance with regulatory requirements, in Australia or a foreign country, relating to transport (including aviation) safety;
(f) the record of compliance with regulatory requirements relating to transport (including aviation) safety of any corporation in Australia or a foreign country in which the person:
(i) is or was an officer or partner (however described); or
(ii) holds or held a position equivalent to any of the applicant’s key personnel;
(g) for any corporation in which the person is or was an officer, or holds or held a position equivalent to any of the applicant’s key personnel, in Australia or a foreign country, the following records:
(i) the corporation’s criminal record (if any);
(ii) the corporation’s record of insolvency, bankruptcy, receivership or winding up (if any);
(iii) the corporation’s record (if any) as a body subject to investigation or comment by any statutory authority established to regulate the share dealings or financial affairs of corporations;
(h) any other matter relating to the fitness of the person to:
(i) for an applicant—hold an AOC that authorises the conduct of the activities; or
(ii) for an officer or proposed officer—be an officer of a corporation that holds an AOC that authorises the conduct of the activities.
142.095 AOC—approval of exposition
If CASA issues an AOC to the applicant that authorises the conduct of the proposed Part 142 activities, CASA is taken to have also approved the applicant’s proposed exposition.
142.100 AOC—conditions
(1) For paragraph 28BA(1)(b) of the Act, each of the following is a condition of an AOC issued to an operator that authorises the conduct of Part 142 activities:
(a) the operator must comply with each direction given to the operator, or obligation imposed on the operator, by CASA under a provision of these Regulations;
(b) each of the operator’s key personnel must comply with:
(i) each provision of this Part that applies to the person; and
(ii) each direction given to the person, or obligation imposed on the person, by CASA under a provision of these Regulations; and
(iii) each other provision of civil aviation legislation that applies to the activities;
(c) each of the positions of the operator’s key personnel must be filled;
(d) each of the operator’s personnel must comply with each provision of civil aviation legislation that applies to the activities;
(e) if the operator is an individual—the individual must be the operator’s chief executive officer;
(f) the positions of chief executive officer and safety manager may be occupied by the same person only:
(i) in an unforeseen circumstance; and
(ii) for the period mentioned in subregulation (2);
(g) the positions of head of operations and safety manager may be occupied by the same person only:
(i) in an unforeseen circumstance; and
(ii) for the period mentioned in subregulation (2).
(2) For subparagraphs (1)(f)(ii) and (g)(ii), the period is:
(a) no more than 7 consecutive days for each unforeseen circumstance; or
(b) if the operator holds an approval under regulation 142.040 for this paragraph in relation to an unforeseen circumstance—the period mentioned in the approval for the unforeseen circumstance.
Division 142.B.2—Certificates for Part 142 activities conducted in flight simulation training devices
142.105 Certificate—application
(1) A person may apply to CASA, in writing, for a certificate authorising the person to conduct Part 142 activities in flight simulation training devices.
(2) The application must include the following:
(a) the information and documents mentioned in paragraphs 142.080(2)(a) to (f);
(b) a written undertaking from the person appointed, or proposed to be appointed, as the applicant’s chief executive officer that, if CASA issues the certificate, the applicant will:
(i) be capable of operating in accordance with its exposition and civil aviation legislation; and
(ii) operate in accordance with its exposition and civil aviation legislation.
(3) The application must be:
(a) accompanied by a copy of the applicant’s proposed exposition; and
(b) signed by the person appointed, or proposed to be appointed, as the applicant’s chief executive officer.
142.110 Certificate—issue
(1) Subject to regulation 11.055, CASA must issue the certificate if satisfied of each of the following:
(a) the matters mentioned in subregulation 142.085(1);
(b) the applicant’s organisation is suitable to ensure that the activities can be conducted safely, having regard to the nature of the activities;
(c) the chain of command of the applicant’s organisation is appropriate to ensure that the activities can be conducted safely;
(d) the applicant’s organisation has a sufficient number of suitably qualified and competent personnel to conduct the activities safely;
(e) the facilities of the applicant’s organisation are sufficient to enable the activities to be conducted safely;
(f) the applicant’s organisation has suitable procedures and practices to control the organisation and ensure the activities can be conducted safely.
(2) For subregulation (1), in deciding whether an applicant is capable of conducting the activities safely and in accordance with its exposition and civil aviation legislation, CASA must consider:
(a) the matters set out in paragraphs 142.085(2)(a), (b) and (d) to (f); and
(b) the content of the undertaking mentioned in paragraph 142.105(2)(b).
(3) For subregulation (1), the matters CASA may consider in deciding whether a person is a fit and proper person include the matters mentioned in subregulation 142.085(3).
(4) For this regulation, regulation 142.085 applies to an application for a certificate as if:
(a) a reference to an AOC were a reference to a certificate; and
(b) any other necessary changes had been made.
(5) If CASA decides to issue the certificate, CASA must determine the Part 142 activities the applicant is authorised to conduct in flight simulation training devices, including any limitations or conditions in relation to the activities.
(6) The certificate must include:
(a) the matters mentioned in subregulation (5); and
(b) a certificate reference number determined by CASA.
(7) If, under regulation 142.145, CASA approves a significant change to a Part 142 operator that holds a certificate under this Division, CASA may issue a new certificate to the operator.
142.115 Certificate—approval of exposition
If CASA issues the certificate to the applicant, CASA is taken to have also approved the applicant’s proposed exposition.
142.120 Certificate—conditions
(1) Each of the following is a condition of a certificate issued to an operator under this Division:
(a) the operator must comply with:
(i) each provision of this Part that applies to the operator; and
(ii) each direction given to the operator, or obligation imposed on the operator, by CASA under a provision of these Regulations; and
(iii) each other provision of civil aviation legislation that applies to the operator’s authorised Part 142 activities covered by the certificate;
(b) each of the operator’s key personnel must comply with:
(i) each provision of this Part that applies to the person; and
(ii) each direction given to the person, or obligation imposed on the person, by CASA under a provision of these Regulations; and
(iii) each other provision of civil aviation legislation that applies to the activities covered by the certificate;
(c) each of the positions of the operator’s key personnel must be filled;
(d) each of the operator’s personnel must comply with each provision of civil aviation legislation that applies to the activities;
(e) if the operator is an individual—the individual must be the operator’s chief executive officer;
(f) the positions of chief executive officer and quality assurance manager may be occupied by the same person only:
(i) in an unforeseen circumstance; and
(ii) for the period mentioned in subregulation (2);
(g) the positions of head of operations and quality assurance manager may be occupied by the same person only:
(i) in an unforeseen circumstance; and
(ii) for the period mentioned in subregulation (2).
(2) For subparagraphs (1)(f)(ii) and (g)(ii), the period is:
(a) no more than 7 consecutive days for each unforeseen circumstance; or
(b) if the operator holds an approval under regulation 142.040 for this paragraph in relation to an unforeseen circumstance—the period mentioned in the approval for the unforeseen circumstance.
142.125 Certificate holders—reference library
(1) A Part 142 operator that holds a certificate under this Division commits an offence if the operator does not maintain a reference library that complies with subregulation (2).
Penalty: 50 penalty units.
(2) For subregulation (1), the reference library must:
(a) include the following documents:
(i) all operational documents and material;
(ii) the civil aviation legislation that is relevant to the operator’s authorised Part 142 activities covered by the certificate;
(iii) the parts of the AIP that are relevant to the activities;
(iv) documents that include information about the operation or maintenance of each kind of flight simulation training device operated by the operator to conduct the activities;
(v) any other publications, information or data required for the reference library by the operator’s exposition; and
(b) be readily available to all members of the operator’s personnel; and
(c) be up‑to‑date and in a readily accessible form.
(3) A Part 142 operator commits an offence if the operator does not keep up‑to‑date records of the distribution of operational documents to members of the operator’s personnel.
Penalty: 50 penalty units.
(4) An offence against this regulation is an offence of strict liability.
142.130 Certificate holders—regulations 11.070 to 11.075 do not apply in relation to certain matters
Regulations 11.070 to 11.075 do not apply to the following for a Part 142 operator that holds a certificate under this Division:
(a) a change of which CASA is notified under regulation 142.135;
(b) a significant change that is approved by CASA under regulation 142.145;
(c) a change made under a process mentioned in regulation 142.150;
(d) a change that is made as a consequence of a change made to the organisation’s exposition in accordance with a direction given by CASA under regulation 142.155.
Subpart 142.C—Part 142 operators—changes
142.135 Part 142 operators—changes of name etc
(1) A Part 142 operator commits an offence if the operator:
(a) makes a change mentioned in subregulation (2); and
(b) does not, before making the change:
(i) amend its exposition to reflect the change; and
(ii) give CASA written notice of the change and a copy of the amended part of the exposition clearly identifying the change.
Penalty: 50 penalty units.
(2) For paragraph (1)(a), the changes are the following:
(a) a change to its name (including any operating or trading name) or contact details;
(b) if the address of the applicant’s operational headquarters is different from its mailing address—a change to the address of its operational headquarters.
(3) An offence against this regulation is an offence of strict liability.
142.140 Part 142 operators—application for approval of significant change
(1) A Part 142 operator commits an offence if:
(a) the operator makes a significant change other than a significant change mentioned in subregulation (2) or (3); and
(b) CASA has not approved the significant change.
Penalty: 50 penalty units.
(2) A Part 142 operator commits an offence if:
(a) the operator makes a significant change that is the permanent appointment as any of the operator’s key personnel of a person previously authorised to carry out the responsibilities of the position in a circumstance mentioned in subparagraph 142.340(1)(e)(iv); and
(b) the operator does not apply to CASA for approval of the change, in accordance with subregulation (4), within 7 days after the change is made.
Penalty: 50 penalty units.
(3) A Part 142 operator commits an offence if:
(a) the operator makes a significant change that is the permanent appointment as any of the operator’s key personnel of a person not previously authorised to carry out the responsibilities of the position in a circumstance mentioned in subparagraph 142.340(1)(e)(iv); and
(b) the operator does not apply to CASA for approval of the change, in accordance with subregulation (4), within 3 days after the change is made.
Penalty: 50 penalty units.
(4) An application for approval of a significant change must:
(a) be in writing; and
(b) set out the change; and
(c) be accompanied by a copy of the part of the operator’s exposition affected by the change, clearly identifying the change.
(5) An offence against this regulation is an offence of strict liability.
142.145 Part 142 operators—approval of significant changes
(1) CASA may approve a significant change for a Part 142 operator that holds an AOC that authorises the operator to conduct Part 142 activities only if satisfied that the requirements mentioned in section 28 of the Act and subregulation 142.085(1) will continue to be met.
(2) Subject to regulation 11.055, CASA must approve a significant change for a Part 142 operator that holds a certificate under Division 142.B.2 if satisfied that the requirements mentioned in subregulation 142.110(1) will continue to be met.
(3) If CASA approves the significant change, CASA is taken to have also approved the changes to the operator’s exposition covered by the application.
142.150 Part 142 operators—process for making changes
(1) A Part 142 operator commits an offence if:
(a) the operator makes a change; and
(b) the change is not made in accordance with the process described in the operator’s exposition for making changes.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
142.155 Part 142 operators—CASA directions relating to exposition or key personnel
(1) If satisfied that it is necessary in the interests of aviation safety, CASA may direct a Part 142 operator to change its exposition:
(a) to remove particular information, procedures or instructions from the exposition; or
(b) to include particular information, procedures or instructions in the exposition; or
(c) to revise or vary the information, procedures or instructions in the exposition.
(2) CASA may direct a Part 142 operator to remove any of the operator’s key personnel from the person’s position if satisfied that the person is not:
(a) carrying out the responsibilities of the position; or
(b) if the person is the chief executive officer—properly managing matters for which the person is accountable.
(3) A direction under this regulation must:
(a) be in writing; and
(b) state the time within which the direction must be complied with.
(4) A Part 142 operator commits an offence if:
(a) CASA gives the operator a direction under this regulation; and
(b) the operator does not comply with the direction within the time stated in the direction.
Penalty: 50 penalty units.
(5) An offence against this regulation is an offence of strict liability.
Subpart 142.D—Part 142 operators—organisation and personnel
Note: For the qualifications for the position of head of aircraft airworthiness and maintenance control, see the qualifications specified in the Part 42 Manual of Standards for the position of continuing airworthiness manager.
142.160 Part 142 operators—organisation and personnel
(1) A Part 142 operator must maintain an organisational structure that effectively manages its authorised Part 142 activities, taking into account the following:
(a) the nature and complexity of the activities;
(b) the number and kinds of aircraft or flight simulation training devices used to conduct the activities;
(c) the number and location of training bases used by the operator to conduct the activities;
(d) the number of the operator’s personnel;
(e) for Part 142 flight training—the number of course participants undertaking the training;
(f) for contracted recurrent training—the number of contracting operators and the number of their personnel for which the Part 142 operator is conducting contracted recurrent training;
(g) for contracted checking—the number of contracting operators and the number of their personnel for which the Part 142 operator is conducting contracted checking.
(2) A Part 142 operator commits an offence if any of the operator’s key personnel carries out a responsibility of the person’s position otherwise than in accordance with the operator’s exposition or this Subpart.
Penalty: 50 penalty units.
142.165 Part 142 operators—key personnel cannot carry out responsibilities
(1) A Part 142 operator commits an offence if:
(a) the operator becomes aware that any of its key personnel cannot carry out, or is likely to be unable to carry out, the person’s responsibilities for a period of longer than 35 days; and
(b) the operator does not tell CASA of the matter mentioned in paragraph (a) within the time mentioned in subregulation (2).
Penalty: 50 penalty units.
(2) For paragraph (1)(b), the time is:
(a) if there is not another person authorised to carry out the responsibilities for all or part of the period—24 hours after the operator becomes aware of the matter; or
(b) if there is another person authorised to carry out the responsibilities for all or part of the period—3 days after the operator becomes aware of the matter.
142.170 Part 142 operators—familiarisation training for key personnel
A Part 142 operator must ensure that before a person appointed as any of the operator’s key personnel begins to carry out the responsibilities of the position, the person has completed any training that is necessary to familiarise the person with the responsibilities.
142.175 Part 142 operators—chief executive officer: experience
The chief executive officer of a Part 142 operator must have sufficient relevant experience in organisational, operational, financial and people management of air operations to enable the operator to conduct safe operations in accordance with its exposition and civil aviation legislation.
142.180 Part 142 operators—chief executive officer: responsibilities and accountabilities
(1) The chief executive officer of a Part 142 operator is responsible for the following:
(a) ensuring that, for the safe conduct of the operator’s authorised Part 142 activities in accordance with the operator’s Part 142 authorisation, exposition and civil aviation legislation, the operator:
(i) has sufficient suitably experienced, qualified and competent personnel; and
(ii) has a suitable management structure; and
(iii) is adequately financed and resourced;
(b) ensuring that the operator:
(i) sets and maintains standards for the activities in accordance with the operator’s exposition; and
(ii) complies with civil aviation legislation;
(c) if the operator conducts the activities in aircraft—ensuring that the operator:
(i) implements and manages the operator’s safety management system; and
(ii) has procedures that ensure that all of the operator’s personnel understand the operator’s safety policy; and
(iii) has an organisational structure that ensures that the safety manager is independent and not subject to undue influence; and
(iv) tells CASA if the operator enters into a leasing, financing or other arrangement for the supply of a turbine‑engined aircraft for use in the activities; and
(v) tells CASA if the operator becomes aware that any arrangement mentioned in subparagraph (iv) may:
(A) affect the operator’s safe conduct of the activities; or
(B) contravene a provision of civil aviation legislation or the law of the country in which the aircraft is registered; and
(vi) complies with the aviation safety laws of each foreign country (if any) where the operator conducts the activities; and
(vii) for each foreign registered aircraft (if any) used in the activities—maintains the aircraft in accordance with the law of the country in which the aircraft is registered;
(d) if the operator conducts the activities only in flight simulation training devices—ensuring that the operator implements and manages the operator’s quality assurance management system;
(e) establishing and regularly reviewing the operator’s safety performance indicators and targets;
(f) ensuring that the operator’s exposition is monitored and managed for continuous improvement;
(g) ensuring that key personnel satisfactorily carry out the responsibilities of their positions in accordance with:
(i) the operator’s exposition; and
(ii) civil aviation legislation.
(2) The chief executive officer of a Part 142 operator is accountable to the operator and CASA for ensuring the responsibilities mentioned in subregulation (1) are carried out effectively.
142.185 Part 142 operators—head of operations: qualifications and experience
(1) The head of operations of a Part 142 operator must:
(a) meet the requirements mentioned in subregulation (2); or
(b) hold an approval under regulation 142.040 to be the head of operations for the operator.
(2) For paragraph (1)(a), the requirements are that the person must:
(a) hold, and be able to exercise the privileges of, a flight examiner rating; and
(b) hold the pilot licence required by subregulation (3); and
(c) be authorised under Part 61 to pilot a kind of aircraft that is used to conduct a significant proportion of the operator’s authorised Part 142 activities; and
(d) have the experience required by subregulation (4); and
(e) have a satisfactory record in the conduct or management of air operations; and
(f) have sufficient safety and regulatory knowledge to enable the operator to conduct the activities safely and in accordance with its exposition and civil aviation legislation.
(3) For paragraph (2)(b), the licence required is:
(a) if any of the activities relate to the operation of an aircraft for a multi‑crew operation—an air transport pilot licence; or
(b) in any other case—a commercial pilot licence or an air transport pilot licence.
(4) For paragraph (2)(d), the experience required is:
(a) if the operator holds an approval under regulation 142.040 for this paragraph—the experience mentioned in paragraph (5)(a) or (b); or
(b) if paragraph (a) does not apply—the experience mentioned in paragraphs (5)(a) and (b).
(5) For subregulation (4), the experience is the following:
(a) at least 500 hours flight time on a kind of aircraft used to conduct a significant proportion of the activities;
(b) at least 6 months experience in the conduct or management of air operations conducted under an AOC or equivalent foreign authorisation.
(6) CASA may, by written notice given to a head of operations, or proposed head of operations, of a Part 142 operator, direct the person to undertake an assessment mentioned in subregulation (7).
(7) For subregulation (6), the assessment:
(a) is an assessment conducted by CASA or a person nominated by CASA to demonstrate suitability as head of operations for the operator; and
(b) may include assessment in an aeroplane, rotorcraft, airship or flight simulation training device.
142.190 Part 142 operators—head of operations: responsibilities
(1) The head of operations of a Part 142 operator must safely manage the authorised Part 142 activities of the operator.
(2) Without limiting subregulation (1), the responsibilities of the head of operations include the following:
(a) monitoring and maintaining, and reporting to the chief executive officer on, the operator’s compliance with the provisions of civil aviation legislation and the operator’s exposition that apply to the activities;
(b) setting and maintaining the operator’s standards for the activities in accordance with the operator’s exposition;
(c) if the activities include flight training or contracted recurrent training—ensuring that the training is conducted in accordance with the operator’s training management system;
(d) ensuring that the activities are monitored effectively;
(e) managing the maintenance and continuous improvement of the operator’s fatigue risk management system (if any);
(f) ensuring the proper allocation and deployment of aircraft, flight simulation training devices and personnel for use in the activities;
(g) ensuring that the operator’s personnel are provided with the information and documentation necessary to properly carry out their responsibilities;
(h) if the operator conducts an activity in a flight simulation training device—ensuring that the device is used only in accordance with the operator’s exposition;
(i) if the operator conducts an activity in a flight simulator or flight training device—ensuring that the simulator or device is qualified under Part 60;
(j) if the operator conducts an activity in a synthetic trainer—ensuring that the trainer is approved under Civil Aviation Order 45.0;
(k) if the operator conducts an activity in any other device—ensuring that the device:
(i) meets the qualification standards prescribed by a legislative instrument under regulation 61.045; or
(ii) is qualified (however described) by the national aviation authority of a recognised foreign State (within the meaning of regulation 61.010);
(l) ensuring that each instructor who conducts an activity for the operator:
(i) has access to the parts of the operator’s exposition that relate to the instructor’s duties; and
(ii) holds a valid standardisation and proficiency check for the operator under regulation 142.325;
(m) ensuring that each examiner who conducts an activity for the operator has access to the parts of the operator’s exposition that relate to the examiner’s duties;
(n) ensuring that each instructor or examiner who conducts an activity for the operator:
(i) is authorised to conduct the activity under Part 61; and
(ii) has successfully completed the training set out in the operator’s internal training and checking system manual; and
(iii) meets the requirements in the operator’s exposition about training in human factors principles and non‑technical skills;
(o) reporting to the chief executive officer on the operator’s compliance with the matters mentioned in paragraph (n);
(p) ensuring that each instructor or examiner who conducts contracted recurrent training or contracted checking for the operator has access to the contracting operator’s training and checking manual;
(q) if an instructor attempts but does not successfully complete a standardisation and proficiency check mentioned in the operator’s internal training and checking system manual—telling CASA, in writing, within 14 days after the date of the attempt, of the person’s name, position and ARN;
(r) ensuring that the operator establishes and maintains effective communication, in relation to the activities, with CASA and each contracting operator for which the operator conducts contracted recurrent training or contracted checking;
(s) ensuring that written reports are provided to the head of training and checking of each contracting operator in relation to the performance of each person for whom the operator conducts contracted recurrent training or contracted checking;
(t) if the operator conducts the activities in aircraft—ensuring that the operator complies with section 28BH of the Act in relation to flight crew.
142.195 Part 142 operators—safety manager: experience
The safety manager of a Part 142 operator must have:
(a) sufficient relevant safety management experience to capably lead, manage and set standards to enable the operator to safely implement its safety management system in accordance with its exposition; and
(b) a satisfactory record in the conduct or management of air operations; and
(c) sufficient safety and regulatory knowledge to enable the operator to conduct safe authorised Part 142 activities in accordance with its exposition and civil aviation legislation.
Note: A Part 142 operator must have a safety manager if the operator conducts authorised Part 142 activities only in aircraft, or in aircraft and flight simulation training devices: see regulation 142.025, definition of key personnel.
142.200 Part 142 operators—safety manager: responsibilities
(1) The safety manager of a Part 142 operator must manage the safety management system of the operator.
(2) Without limiting subregulation (1), the responsibilities of the safety manager include:
(a) managing the operation of the safety management system including managing corrective, remedial and preventative action in relation to the system; and
(b) regularly reporting to the chief executive officer on the effectiveness of the safety management system; and
(c) managing the maintenance and continuous improvement of the following systems:
(i) safety management system;
(ii) fatigue risk management system (if any).
142.205 Part 142 operators—quality assurance manager: experience
The quality assurance manager of a Part 142 operator must have:
(a) sufficient relevant quality assurance management experience to capably lead, manage and set standards to enable the operator to safely implement its quality assurance management system in accordance with its exposition; and
(b) sufficient safety and regulatory knowledge to enable the operator to conduct authorised Part 142 activities safely and in accordance with its exposition and civil aviation legislation.
Note: A Part 142 operator must have a quality assurance manager if the operator conducts authorised Part 142 activities only in flight simulation training devices: see regulation 142.025, definition of key personnel.
142.210 Part 142 operators—quality assurance manager: responsibilities
(1) The quality assurance manager of a Part 142 operator must manage the quality assurance management system of the operator.
(2) Without limiting subregulation (1), the responsibilities of the quality assurance manager include:
(a) managing the operation of the quality assurance management system including managing corrective, remedial and preventative action in relation to the system; and
(b) regularly reporting to the chief executive officer on the effectiveness of the quality assurance management system; and
(c) managing the maintenance and continuous improvement of the quality assurance management system.
142.215 Part 142 operators—key personnel: additional qualifications and experience requirements
(1) This regulation applies to:
(a) an applicant for a Part 142 authorisation; and
(b) a Part 142 operator.
(2) CASA may, by written notice given to the applicant or operator, direct that any of the key personnel of the applicant or operator must have stated additional qualifications or experience to those otherwise required under this Subpart.
(3) If satisfied that it is necessary in the interests of aviation safety, CASA may, by written notice given to a person who is, or is proposed to be, any of the key personnel of the applicant or operator, direct the person:
(a) to undertake a stated examination; or
(b) to be interviewed by CASA; or
(c) to complete a stated training course.
(4) In deciding whether to give a direction under this regulation, CASA must have regard to, but is not limited to considering, the following:
(a) the need to ensure that the applicant or operator can conduct safe authorised Part 142 activities in accordance with its exposition and civil aviation legislation;
(b) the nature and complexity of the activities;
(c) the leadership, management and standards‑setting skills required by the person for the activities;
(d) how recently the person has used his or her aviation skills;
(e) whether the person is able to exercise the privileges of each civil aviation authorisation held by the person.
Subpart 142.E—Part 142 operators—instructors and examiners
142.220 Part 142 activities—instructors and examiners must comply with Part 142 authorisation
(1) An instructor or examiner for a Part 142 operator commits an offence if the instructor or examiner conducts a Part 142 activity otherwise than in accordance with the operator’s Part 142 authorisation.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
142.225 Part 142 activities—instructors and examiners must comply with exposition
(1) An instructor or examiner for a Part 142 operator commits an offence if the instructor or examiner conducts an authorised Part 142 activity for the operator otherwise than in accordance with the operator’s exposition.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
142.230 Part 142 operators—instructors and examiners must be authorised under Part 61
(1) A Part 142 operator commits an offence if:
(a) an instructor or examiner for the operator conducts an authorised Part 142 activity for the operator; and
(b) the instructor or examiner is not authorised under Part 61 to conduct the activity.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
142.235 Part 142 operators—instructors and examiners must have access to records
(1) A Part 142 operator commits an offence if:
(a) an instructor or examiner for the operator conducts an authorised Part 142 activity for the operator; and
(b) the instructor or examiner does not have access to the operator’s records for the persons participating in the activity.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
142.240 Part 142 operators—instructors and examiners must be competent to conduct authorised Part 142 activities in flight simulation training devices
(1) A Part 142 operator commits an offence if:
(a) an instructor or examiner for the operator conducts an authorised Part 142 activity for the operator in a flight simulation training device; and
(b) the instructor or examiner has not been assessed by the operator as competent to conduct the activity in the device.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
142.245 Part 142 operators—person recommended for flight test
(1) A Part 142 operator and the operator’s head of operations each commit an offence if:
(a) a person is recommended for a flight test by:
(i) the head of operations; or
(ii) a person named in the operator’s exposition as responsible for the Part 142 activity to which the flight test relates; and
(b) the person is not eligible under regulation 61.235 to undertake the test.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
Subpart 142.F—Part 142 operators—training management system
142.250 Part 142 operators—training management system
A Part 142 operator must have a training management system that meets the requirements of regulation 142.255.
142.255 Part 142 operators—training management system requirements
The training management system must include the following:
(a) for each kind of Part 142 flight training or contracted recurrent training that is an authorised Part 142 activity for the operator—a course outline, detailed syllabus, standards to be met and record forms;
(b) the procedures to be followed when a standard is not met;
(c) an auditable system for maintaining records of the results of the operator’s flight training or contracted recurrent training.
Subpart 142.G—Part 142 operators—safety management system
142.260 Part 142 operators—safety management system
A Part 142 operator that conducts authorised Part 142 activities only in aircraft, or in aircraft and flight simulation training devices, must have a safety management system that meets the requirements of regulation 142.265.
142.265 Part 142 operators—safety management system requirements
(1) The safety management system must be a systemic approach to managing safety that:
(a) includes the matters mentioned in subregulation (2); and
(b) ensures that the operator’s authorised Part 142 activities are conducted in a planned and systematic manner and identifies and addresses deficiencies in training outcomes; and
(c) if the operator conducts the training in flight simulation training devices:
(i) ensures the correct operation and maintenance of the devices; and
(ii) without limiting subparagraph (i), includes the matters mentioned in subregulation 142.275(2); and
(d) integrates human factors principles.
(2) For paragraph (1)(a), the matters are the following:
(a) organisational structures, accountabilities, policies and procedures necessary to manage safety in a systemic way;
(b) a statement of the operator’s safety policy, objectives and planning, including details of the following:
(i) the management commitment to, and responsibility for, safety;
(ii) the safety accountabilities of managers (including key personnel);
(iii) the appointment of safety management personnel;
(iv) how human factors principles are integrated into the safety management system;
(v) a safety management system implementation plan;
(vi) relevant third party relationships and interactions;
(vii) coordination of an emergency response plan;
(viii) safety management system documentation;
(c) a safety risk management system, including:
(i) hazard identification processes; and
(ii) risk assessment and mitigation processes;
(d) a safety assurance system, including:
(i) details of processes for:
(A) safety performance monitoring and measurement; and
(B) internal safety investigation; and
(C) management of change; and
(D) continuous improvement of the safety management system; and
(ii) if the operator operates an aircraft mentioned in subregulation (3) for the activities—a flight data analysis program that meets the requirements mentioned in subregulation (4);
(e) a safety training and promotion system, including details of the following:
(i) safety management system training and education;
(ii) safety management system safety communication.
(3) For subparagraph (2)(d)(ii), the aircraft are the following:
(a) an aeroplane with a maximum certificated take‑off weight of more than 27 000 kg;
(b) a rotorcraft with a maximum certificated take‑off weight of more than 7 000 kg.
(4) For subparagraph (2)(d)(ii), the requirements are that the flight data analysis program must:
(a) regularly record and analyse the operational flight data of individual and aggregated operations for the purpose of improving the safety of flight operations; and
(b) be provided by:
(i) the operator; or
(ii) another appropriate person; and
(c) ensure that, except as mentioned in subregulations (6) and (7):
(i) the identity of a person who is the source of data is protected from disclosure to anyone other than the following:
(A) a person whose duties require the person to analyse operational flight data;
(B) a person who has access to the person’s identity solely for the purpose of analysing operational flight data;
(C) a pilot appointed by the operator to liaise with flight crew in relation to matters arising from the flight data analysis program; and
(ii) no punitive action in relation to the data may be taken by the operator against the person.
(5) For subparagraph (4)(b)(ii), the provision of the flight data analysis program by an appropriate person does not in any way compromise the operator’s responsibility to provide, and ensure the effectiveness of, the program.
(6) For paragraph (4)(c), the identity of a person who is the source of data may be disclosed:
(a) with the written consent of the person; or
(b) under a court order.
(7) For paragraph (4)(c), the identity of a person who is the source of data may be disclosed, and the operator may take punitive action against the person, if the operator has evidence that the person:
(a) deliberately contravened a provision of civil aviation legislation or the operator’s exposition; or
(b) persistently engaged in unsafe actions without appropriate safety reasons.
(8) Without limiting paragraph (1)(b), the system must include the following:
(a) a process for auditing the activities;
(b) a process for promoting the continual improvement of the activities;
(c) a process for evaluating the training outcomes from pre‑flight test assessments and post‑flight test feedback from examiners;
(d) a process for regularly assessing the suitability of the operator’s facilities and resources used for conducting the activities;
(e) a process for recommending changes to the following:
(i) the safety management system;
(ii) the training management system;
(iii) the internal training and checking system.
Subpart 142.H—Part 142 operators—quality assurance management system
142.270 Part 142 operators—quality assurance management system
A Part 142 operator that conducts authorised Part 142 activities only in flight simulation training devices must have a quality assurance management system that meets the requirements of regulation 142.275.
142.275 Part 142 operators—quality assurance management system requirements
(1) The quality assurance system must:
(a) ensure the correct operation and maintenance of the flight simulation training devices; and
(b) ensure that the operator’s authorised Part 142 activities are conducted in a planned and systematic manner and identifies and addresses deficiencies in training outcomes.
(2) Without limiting paragraph (1)(a), the system must include the following:
(a) quality policy;
(b) management responsibility;
(c) document control;
(d) resource allocation;
(e) quality procedures;
(f) internal audit.
(3) Without limiting paragraph (1)(b), the system must include the following:
(a) a process for auditing the activities;
(b) a process for promoting the continual improvement of the activities;
(c) a process for evaluating the training outcomes from pre‑flight test assessments and post‑flight test feedback from examiners;
(d) a process for regularly assessing the suitability of the operator’s facilities and resources used for conducting the activities;
(e) a process for recommending changes to the following:
(i) the quality assurance management system;
(ii) the training management system;
(iii) the internal training and checking system.
Subpart 142.J—Part 142 operators—internal training and checking
142.310 Part 142 operators—internal training and checking system
A Part 142 operator must have an internal training and checking system for its personnel that meets the requirements of regulation 142.315.
142.315 Part 142 operators—internal training and checking system requirements
The internal training and checking system must include the following:
(a) a description of the operator’s internal training and checking, including details of how the training and checking is conducted;
(b) a description of the duties and responsibilities assigned to personnel conducting internal training and checking;
(d) procedures that ensure that each of the operator’s personnel:
(i) has an understanding of the operator’s training management system; and
(ii) completes internal training and checking as described under paragraph (a); and
(iii) is supervised effectively;
(e) command responsibility during flights for internal training and checking;
(f) for each kind of internal training and checking conducted by or for the operator—the minimum number of check pilots and the minimum crew qualifications required by the operator for the training (if any);
(g) any general restrictions, specifications or safety precautions for internal training and checking (including in relation to fuel load, ballast and minimum weather conditions);
(h) methods of conducting internal training and checking including the following:
(i) the standards to be achieved;
(ii) training sequences for common faults;
(iii) the method of simulating emergencies or malfunctions;
(i) procedures that ensure that an instructor who conducts an authorised Part 142 activity for the operator holds a valid standardisation and proficiency check for the operator under regulation 142.325;
(j) procedures that ensure that an instructor who uses a flight simulation training device to conduct an authorised Part 142 activity for the operator is competent to use the device to conduct the activity.
142.320 Part 142 operators—proficiency of instructors
(1) A Part 142 operator commits an offence if:
(a) an instructor for the operator conducts an authorised Part 142 activity for the operator; and
(b) the instructor does not meet the requirement mentioned in subregulation (2).
Penalty: 50 penalty units.
(2) For paragraph (1)(b), the requirement is that the instructor must:
(a) hold a valid standardisation and proficiency check for the operator under regulation 142.325; or
(b) be successfully participating in the operator’s internal training and checking system.
(3) An offence against this regulation is an offence of strict liability.
142.325 Part 142 operators—holding valid standardisation and proficiency check for operator
(1) An instructor for a Part 142 operator holds a valid standardisation and proficiency check for the operator if:
(a) the instructor has successfully completed the operator’s standardisation and proficiency check; and
(b) the check complies with regulation 142.330; and
(c) under subregulation (2) or (3), the check is valid.
(2) A standardisation and proficiency check is valid for the period comprising:
(a) the period beginning on the day on which the check is completed, and ending at the end of the month in which the check is completed; and
(b) the period of 12 months immediately following the month in which the check was completed.
(3) If:
(a) an instructor holds a standardisation and proficiency check that is valid under subregulation (2) (the existing check); and
(b) the instructor successfully completes a new standardisation and proficiency check on a day that is less than 3 months before the day on which the existing check is due to expire;
the new check is valid for 12 months beginning at the end of the day on which the existing check expires.
142.330 Part 142 operators—standardisation and proficiency check requirements
(1) A Part 142 operator’s standardisation and proficiency check for an instructor must check the competency of the instructor to conduct the Part 142 activity that the operator has engaged the instructor to conduct.
(2) The check must be carried out by:
(a) the operator’s head of operations; or
(b) a person authorised to conduct the check by the operator’s head of operations.
142.335 Part 142 operators—instructors and examiners—training in human factors principles and non‑technical skills
(1) A Part 142 operator commits an offence if:
(a) an instructor or examiner for the operator conducts an authorised Part 142 activity for the operator; and
(b) the instructor or examiner does not meet the requirements in the operator’s exposition about training in human factors principles and non‑technical skills.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
Subpart 142.K—Part 142 operators—expositions
142.340 Part 142 operators—content of exposition
(1) An exposition for a Part 142 operator must include the following:
(a) the operator’s name (including any operating or trading name), contact details and ABN (if any);
(b) the address of:
(i) the operator’s operational headquarters; and
(ii) each of the operator’s training bases;
(c) a description and diagram of the operator’s organisational structure showing formal reporting lines including the formal reporting lines for each of the key personnel;
(d) if the operator is a corporation—a description of the operator’s corporate structure;
(e) for each of the key personnel, the following information:
(i) the qualifications and experience (if any) required by the operator for the position in addition to the qualifications and experience required under Subpart 142.D for the position;
(ii) each matter (if any) for which the holder of the position is responsible in addition to the responsibilities mentioned in Subpart 142.D for the position;
(iii) the name of the person appointed to the position;
(iv) the name of each person authorised to carry out the responsibilities of the position when the position holder:
(A) is absent from the position; or
(B) cannot carry out the responsibilities;
(v) a description of how the operator will manage the responsibilities of the position during a circumstance mentioned in subparagraph (iv);
(f) each matter (if any) for which the chief executive officer is responsible and accountable in addition to the matters mentioned in regulation 142.180;
(g) if the operator’s authorised Part 142 activities include Part 142 flight training—the name of each instructor appointed by the operator’s head of operations to have responsibility for particular flight training;
(h) a description of the operator’s program for training and assessing personnel in human factors principles and non‑technical skills;
(i) details of the responsibilities of the operator’s personnel (other than key personnel) under these Regulations;
(j) a description of the authorised Part 142 activities conducted by the operator including:
(i) for Part 142 flight training or contracted recurrent training:
(A) the training plans and syllabuses for the training; and
(B) the areas of operation for the training; and
(C) checklists (if any) and the circumstances when the use of a checklist is permitted; and
(ii) minimum qualifications and experience for personnel conducting the activities; and
(iii) command responsibility during flights for the activities; and
(iv) for contracted recurrent training or contracted checking—procedures to ensure that the operator conducts the training or checking in accordance with the contracting operator’s training and checking manual and standard operating procedures (if any);
(k) a description of the procedures by which the operator conducts and manages the activities, including the supervision of instructors and persons participating in activities;
(l) if the operator conducts the activities in aircraft:
(i) for each registered aircraft that is flown into, out of or outside Australian territory in the course of conducting the activities—the kind of aircraft and its registration mark; and
(ii) for each foreign registered aircraft—the kind of aircraft and its nationality and registration marks; and
(iii) a description of any leasing or other arrangements for the supply of any turbine‑engined aircraft; and
(iv) a description of the way any turbine‑engined aircraft are managed and maintained, and the way continuing airworthiness of the aircraft is assured; and
(v) a description of each flight training area;
(m) if the operator conducts the activities in relation to a flight crew licence or rating of a kind for which a low‑flying activity is required—a description of how the operator will determine a suitable flight training area for the activity;
(n) if the operator conducts the activities in flight simulation training devices:
(i) a description of the devices used by the operator in conducting the activities; and
(ii) for each device—each purpose mentioned in Part 61 that the device may be used for; and
(iii) for flight simulators and flight training devices—a description of the procedures by which the operator ensures the qualification of the simulators and devices under Part 60; and
(iv) for synthetic trainers—a description of the procedures by which the operator ensures the approval of the trainers under Civil Aviation Order 45.0; and
(v) for any other device—a description of the procedures by which the operator ensures that the device:
(A) meets the qualification standards prescribed by a legislative instrument under regulation 61.045; or
(B) is qualified (however described) by the national aviation authority of a recognised foreign State (within the meaning of regulation 61.010);
(o) a description of the way the operator manages the risk of fatigue in its personnel, including the operator’s fatigue risk management system manual (if any);
(p) the facilities used by the operator for the activities;
(q) a description of any operations, other than authorised Part 142 activities, conducted, or proposed to be conducted, by the operator;
(r) a description of any aeronautical or aviation‑related services provided, or to be provided, by third parties to the operator;
(s) the following manuals:
(i) an operations manual;
(ii) a dangerous goods manual (if any);
(iii) a training management system manual that describes the operator’s training management system;
(iv) if the operator conducts the activities only in aircraft, or in aircraft and flight simulation training devices—a safety management system manual that describes the operator’s safety management system;
(v) if the operator conducts the activities only in flight simulation training devices—a quality assurance management system manual that describes the operator’s quality assurance management system;
(vi) an internal training and checking system manual that describes the operator’s internal training and checking system;
(t) a description of the operator’s process for making changes including:
(i) identifying changes that are significant changes; and
(ii) identifying changes that are not significant changes; and
(iii) telling CASA of the changes;
(u) a description of any other matter required to be approved by CASA under these Regulations in relation to Part 142 activities;
(v) a matter prescribed by a legislative instrument under regulation 142.045 for this paragraph.
(2) A manual mentioned in paragraph (o) or any of subparagraphs (1)(s)(ii) to (vi) may be included as part of the operator’s operations manual.
(3) An exposition for a Part 142 operator may include a list of material required for the operator’s reference library.
142.345 Part 142 operators—compliance with exposition by operator
(1) A Part 142 operator commits an offence if the operator contravenes a provision of its exposition.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
142.350 Part 142 operators—providing personnel with exposition
(1) A Part 142 operator commits an offence if:
(a) the operator’s exposition relates to a duty or responsibility of a person who is a member of the operator’s personnel; and
(b) the operator does not make the part of the exposition that relates to the duty or responsibility available to the person before the person first begins carrying out the duty or responsibility.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
Subpart 142.L—Part 142 operators—logs and records
142.355 Part 142 operators—making and keeping records
(1) A Part 142 operator commits an offence if:
(a) a person participates in an authorised Part 142 activity conducted by the operator; and
(b) a record of the person’s participation, including a description and assessment of the person’s performance, is not made within 21 days after the activity is conducted.
Penalty: 50 penalty units.
(2) A Part 142 operator commits an offence if the operator does not retain a record made under subregulation (1) for at least 7 years after the record is made.
Penalty: 50 penalty units.
(3) An offence against this regulation is an offence of strict liability.
142.360 Part 142 operators—availability of records
(1) A Part 142 operator commits an offence if the operator does not make a record made under regulation 142.355 available, on request, to the person to whom the record relates.
Penalty: 50 penalty units.
(2) A Part 142 operator commits an offence if:
(a) a record is made under regulation 142.355; and
(b) the operator receives a request from another Part 142 operator for a copy of the record; and
(c) the operator holds a written authority from the person to whom the record relates to provide a copy of the person’s records to another Part 142 operator if requested; and
(d) the operator does not give a copy of the record to the other Part 142 operator within 7 days after receiving the request.
Penalty: 50 penalty units.
(3) An offence against this regulation is an offence of strict liability.
Subpart 142.M—Part 142 operators—miscellaneous offences
142.365 Part 142 operators—pilot in command for training to be authorised under Part 61
(1) A Part 142 operator commits an offence if:
(a) a person flies an aircraft as pilot in command in the conduct of an authorised Part 142 activity for the operator; and
(b) the person is not authorised under Part 61 to fly the aircraft as pilot in command.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
Note: See also subsection 20AB(1) of the Act.
142.370 Part 142 operators—carriage of passengers prohibited during abnormal operations or low‑flying activity
(1) A Part 142 operator commits an offence if:
(a) during a flight of an aircraft for an authorised Part 142 activity for the operator:
(i) a simulated engine or system failure that affects the aircraft’s performance or handling characteristics is conducted; or
(ii) a low‑flying activity is conducted; and
(b) a passenger is carried on the flight.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
142.375 Part 142 operators—authorisation of carriage of passengers
(1) A Part 142 operator commits an offence if:
(a) a person flies an aircraft used in an authorised Part 142 activity for the operator as pilot in command; and
(b) the operator authorises the carriage of a passenger on the flight; and
(c) the person is not authorised under Part 61 to fly the aircraft as pilot in command with a passenger on board.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
142.380 Part 142 operators—integrated training courses: transfer of student from another Part 142 operator
(1) This regulation applies if:
(a) a person seeks to undertake part of an integrated training course with a Part 142 operator (the current operator); and
(b) the person has previously undertaken part of the course with one or more other Part 142 operators (the previous operators).
(2) The current operator commits an offence if:
(a) the operator provides part of the course to the person; and
(b) the operator does not meet the requirement mentioned in subregulation (3).
Penalty: 50 penalty units.
(3) For paragraph (2)(b), the requirement is that the current operator must have determined:
(a) what part of the course the person has completed with the previous operators; and
(b) what part of the course the person needs to complete with the current operator to ensure that, taken together, the parts of the course provided by the previous and current operators will meet the standards specified in the Part 61 Manual of Standards for the course.
(4) An offence against this regulation is an offence of strict liability.
142.385 Part 142 operators—completion of training and assessment of competency for certain solo flights
Student pilots
(1) A Part 142 operator commits an offence if:
(a) a student pilot who is undertaking authorised Part 142 flight training with the operator conducts a solo flight of a kind mentioned in subregulation (2) for the first time; and
(b) the student pilot does not meet the requirements mentioned in subregulation (3).
Penalty: 50 penalty units.
(2) For paragraph (1)(a), the kinds of solo flight are the following:
(a) a circuit training flight;
(b) a flight between an aerodrome and the flight training area for the aerodrome;
(c) a cross‑country flight;
(d) a flight at night.
(3) For paragraph (1)(b), the requirements are the following:
(a) the student pilot must have completed the training mentioned in the operator’s exposition that relates to the conduct of a solo flight of that kind by a student pilot;
(b) the student pilot must have been assessed by the operator as competent to conduct the solo flight;
(c) if the flight is a flight of a kind mentioned in paragraph (2)(c) or (d)—the student pilot must have completed at least 2 hours of dual instrument time, 1 hour of which is conducted during dual instrument flight time.
Holders of pilot licences
(4) A Part 142 operator commits an offence if:
(a) the holder of a pilot licence who is receiving flight training from the operator for a rating or endorsement on the pilot’s licence conducts a solo flight at night for the first time; and
(b) the flight training is authorised Part 142 training for the operator; and
(c) the holder does not meet the requirements mentioned in subregulation (5).
Penalty: 50 penalty units.
(5) For paragraph (4)(c), the requirements are the following:
(a) the holder must have completed the training mentioned in the operator’s exposition that relates to the conduct of a solo flight for flight training for the rating or endorsement;
(b) the holder must have been assessed by the operator as competent to conduct the solo flight.
Penalty: 50 penalty units.
(6) An offence against this regulation is an offence of strict liability.
Note: See also Subdivision 61.A.3.1 and regulation 61.1225.
142.386 Part 142 operators—appropriate briefing and capability to conduct certain solo flights etc.
(1) A Part 142 operator commits an offence if:
(a) a person who is undertaking authorised Part 142 flight training with the operator conducts a solo flight for the first time; and
(b) the person does not meet the requirements mentioned in subregulation (2).
Penalty: 50 penalty units.
(2) For paragraph (1)(b), the requirements are the following:
(a) the person must have been briefed appropriately for the flight;
(b) the person must be capable of conducting the flight safely;
(c) if the person is a student pilot—the person must:
(i) have been assessed by CASA or an examiner as meeting the general English language proficiency standard mentioned in the Part 61 Manual of Standards; or
(ii) have completed an approved course of training in English language proficiency;
(d) the person must have an ARN.
(3) Strict liability applies to paragraph (1)(a).
Note: See also Subdivision 61.A.3.1 and regulation 61.1225.
142.390 Part 142 operators—dealings in relation to cancelled, suspended, varied, pending or refused civil aviation authorisations: when approval required
Requirement for approval
(1) A Part 142 operator commits an offence if:
(a) the operator does an act mentioned in subregulation (2), (4), (6) or (8); and
(b) the operator does not hold an approval under regulation 142.040 to do the act.
Penalty: 50 penalty units.
Acts in relation to cancelled authorisations
(2) For paragraph (1)(a), the acts are the following:
(a) to use, in any of the operator’s authorised Part 142 activities, an aircraft the operation of which was authorised by a cancelled authorisation;
(b) to employ, in connection with any of the operator’s authorised Part 142 activities, a person who was, at the time of the cancellation, employed in connection with an operation the conduct of which was authorised by a cancelled authorisation;
(c) to conduct an operation, or part of an operation, the conduct of which was authorised by a cancelled authorisation.
Acts in relation to suspended or varied authorisations
(3) Subregulation (4) applies in relation to a suspended or varied authorisation.
(4) For paragraph (1)(a), the acts are the following:
(a) to use, in any of the operator’s authorised Part 142 activities, an aircraft the operation of which:
(i) was, immediately before the suspension or variation, authorised by the authorisation; but
(ii) is no longer authorised by the authorisation as suspended or varied;
(b) to employ, in connection with any of the operator’s authorised Part 142 activities, a person who was, at the time of the suspension or variation, employed in connection with an operation the conduct of which:
(i) was, immediately before the suspension or variation, authorised by the authorisation; but
(ii) is no longer authorised by the authorisation as suspended or varied;
(c) to conduct an operation, or part of an operation, the conduct of which:
(i) was, immediately before the suspension or variation, authorised by the authorisation; but
(ii) is no longer authorised by the authorisation as suspended or varied.
Note: See section 28BB of the Act in relation to varying AOC conditions.
Pending applications for authorisations
(5) Subregulation (6) applies in relation to an application for a civil aviation authorisation that has not been finally determined by CASA.
(6) For paragraph (1)(a), the acts are the following:
(a) to use, in any of the operator’s authorised Part 142 activities, an aircraft the operation of which would be authorised by the authorisation;
(b) to employ, in connection with any of the operator’s authorised Part 142 activities, a person employed, or proposed to be employed, in connection with an operation the conduct of which would be authorised by the authorisation;
(c) to conduct an operation, or part of an operation, the conduct of which would be authorised by the authorisation.
Application for authorisation refused
(7) Subregulation (8) applies in relation to an application for a civil aviation authorisation that has been refused by CASA.
(8) For paragraph (1)(a), the acts are the following:
(a) to use, in any of the operator’s authorised Part 142 activities, an aircraft the use of which would have been authorised by the authorisation;
(b) to employ, in connection with any of the operator’s authorised Part 142 activities, a person employed, or proposed to be employed, in connection with an operation the conduct of which would have been authorised by the authorisation;
(c) to conduct an operation, or part of an operation, the conduct of which would have been authorised by the authorisation.
(9) An offence against this regulation is an offence of strict liability.
(10) In this regulation:
cancelled authorisation means a civil aviation authorisation that has been cancelled otherwise than on application by the holder of the authorisation.
employ includes engage, whether by contract or other arrangement.
suspended authorisation means a civil aviation authorisation that has been suspended otherwise than on application by the holder of the authorisation.
varied authorisation means a civil aviation authorisation that has been varied otherwise than on application by the holder of the authorisation.
142.395 Part 142 operators—maximum period for use of foreign registered aircraft in Australian territory
(1) A Part 142 operator commits an offence if, in any 12 month period, the operator uses a foreign registered aircraft to conduct authorised activities in Australian territory for a total of more than the number of days mentioned in subregulation (2).
Penalty: 50 penalty units.
(2) For subregulation (1), the number of days is:
(a) 90; or
(b) if the operator holds an approval under regulation 142.040 for this regulation in relation to the aircraft—the number mentioned in the approval for the aircraft.
(3) An offence against this regulation is an offence of strict liability.
(4) In this regulation:
authorised activity, for a Part 142 operator, means an activity authorised by a civil aviation authorisation held by the operator.
Part 143—Air Traffic Services Training Providers
Table of contents
Subpart 143.A—General
143.005 Applicability of this Part
143.010 Definitions for this Part
143.015 What is an ATS training provider
143.016 Person not to provide service without approval
143.017 Issue of Manual of Standards
Subpart 143.B—Approval as an ATS training provider
143.020 What an application must be accompanied by
143.025 When applicant is eligible for approval
143.027 CASA may impose conditions on approvals
143.050 Variation of approvals
Subpart 143.C—Requirements to be complied with by ATS training providers
Division 143.C.1—Requirements for training
143.055 Standard for training
143.060 Training plan
Division 143.C.2—Personnel
143.065 Personnel
143.070 Qualifications for certain personnel
Division 143.C.3—Reference materials, documents and records
143.075 Reference materials
143.080 Material to be included in reference materials
143.085 Documents and records
143.090 Document and record control system
Subpart 143.D—Telling CASA about changes
143.095 Advice on organisational changes
143.100 Discontinuing training
143.105 Status as registered training organisation
Subpart 143.E—Miscellaneous
143.110 Unapproved training
Subpart 143.F—Administration
Division 143.F.1—Preliminary
143.115 Applicability of this Subpart
Division 143.F.2—Approvals
143.118 Applying for approval
143.120 Joint applications not permitted
143.130 Applications by corporations etc—what must be included
143.145 CASA may require demonstrations of procedures or equipment
143.175 Grant of approval
143.180 When decision must be made
Division 143.F.4—Suspension and cancellation of approvals
143.215 Definition for this Division
143.220 Suspension of approval by show cause notice
143.225 Grounds for cancellation of approval
143.230 Notice to show cause
143.235 Cancellation of approval after show cause notice
143.245 Cancellation if cooperation or arrangement ceases
Subpart 143.A—General
143.005 Applicability of this Part
(1) This Part:
(a) applies to a person that wants to become, or is, an ATS training provider; and
(b) sets out certain administrative rules applying to CASA in its administration of this Part.
(2) However, this Part does not apply to:
(a) a person who is providing ATS training in the course of his or her duties for the Defence Force; or
(b) any ATS training provided by the Defence Force.
143.010 Definitions for this Part
In this Part:
Australian National Training Authority means the Australian National Training Authority established by the Australian National Training Authority Act 1992.
Australian Qualifications Framework means the framework set out in a document called ‘Australian Qualifications Framework Implementation Handbook’ published by the Australian Qualifications Framework (AQF) Advisory Board in 1998.
Australian Quality Training Framework means the quality arrangements for vocational education and training services set out in the document called ‘Australian Quality Training Framework – Standards for Registered Training Organisations’ published by the Australian National Training Authority in 2001.
Manual of Standards – Part 65 means the document called ‘Manual of Standards (MOS) – Part 65’ issued by CASA under regulation 65.033, as in force from time to time.
Manual of Standards – Part 143 means the document called ‘Manual of Standards (MOS) – Part 143’ issued by CASA under regulation 143.017, as in force from time to time.
training provider means a person who, or entity that, provides vocational education and training.
training recognition authority, in relation to a State or Territory, means a body that has, under a law of the State or Territory, the responsibility for registering training providers in that State or Territory.
143.015 What is an ATS training provider
An ATS training provider is a person approved, under Subpart 143.F, to provide the training relating to air traffic services that is covered by the approval.
143.016 Person not to provide service without approval
(1) A person must not provide training relating to air traffic services unless the person:
(a) is approved, under Division 143.F.2, to provide the training; or
(b) is an ATS provider within the meaning in Part 172.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
143.017 Issue of Manual of Standards
(1) CASA may issue a Manual of Standards for this Part that provides for the following matters:
(a) standards, including procedures, plans, systems and documentation, for the provision of air traffic services training;
(b) standards for facilities and equipment used to provide air traffic services training;
(c) standards, including competency standards and minimum qualifications, for instructors engaged in air traffic services training;
(d) any matter required or permitted by these Regulations to be provided for by the Manual of Standards;
(e) any matter necessary or convenient to be provided for the effective operation of this Part.
Note: A Manual of Standards is a legislative instrument—see subsections 98(5A) and (5B) of the Act. It must be registered in accordance with the Legislation Act 2003 and must be tabled in both Houses of the Parliament within 6 sitting days after its making.
(2) CASA must give a copy of a notice about a Manual of Standards for this Part (being a notice referred to in subregulation 11.275(3) or regulation 11.280) to each ATS training provider.
Note: Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS.
Subpart 143.B—Approval as an ATS training provider
143.020 What an application must be accompanied by
An application for approval as an ATS training provider must be accompanied by:
(a) a written statement setting out details of the training relating to air traffic services that the applicant proposes to provide; and
(b) a written statement setting out details of the relevant qualifications and experience of the applicant and applicant’s personnel, including the number of suitably qualified personnel who will be involved in providing the training; and
(c) enough information to show that the applicant is a registered training organisation whose registration:
(i) is in force; and
(ii) is for training delivery covering the training; and
(d) a written statement describing the arrangements the applicant has made to comply with the requirements of Subparts 143.C and 143.D.
143.025 When applicant is eligible for approval
For Subpart 143.F, an applicant is eligible to become an ATS training provider for particular training relating to air traffic services if the applicant:
(aa) is any of the following:
(i) the Commonwealth;
(ii) AA;
(iii) a person who is to provide air traffic services training services in cooperation with AA, in accordance with paragraph 11(3)(b) of the Air Services Act 1995;
(iv) a person who is to provide air traffic services training services by arrangement with AA, in accordance with paragraph 11(3)(c) of the Air Services Act 1995; and
(a) is a registered training organisation whose registration:
(i) is in force; and
(ii) is for training delivery covering that training; and
(b) is able to comply with the requirements of Subparts 143.C and 143.D or will be able to do so if the applicant is approved.
143.027 CASA may impose conditions on approvals
Without limiting regulations 11.056 and 11.067, CASA may impose, on an approval, any condition necessary to give effect to an arrangement mentioned in subsection 11(3) of the Air Services Act 1995.
143.050 Variation of approvals
(1) If an ATS training provider wants to vary its approval, it must apply to CASA, under Subpart 143.F, for that purpose.
(2) The application must contain, or have with it, a copy of the proposed variation.
Subpart 143.C—Requirements to be complied with by ATS training providers
Division 143.C.1—Requirements for training
143.055 Standard for training
An ATS training provider must ensure that the training relating to air traffic services that it provides:
(a) is of at least the standard required by the Manual of Standards – Part 65; and
(b) complies with the Australian Qualifications Framework.
143.060 Training plan
An ATS training provider must have, and put into effect, a training plan for the training relating to air traffic services covered by its approval that is in accordance with the standards and requirements set out in the Manual of Standards – Part 65.
Division 143.C.2—Personnel
143.065 Personnel
An ATS training provider must have, at all times, enough suitably qualified personnel to enable it to provide, in accordance with both the Australian Quality Training Framework and the standards and requirements set out in the Manual of Standards – Part 65, the training relating to air traffic services that is covered by its approval.
143.070 Qualifications for certain personnel
An ATS training provider must not give to a person responsibility as an instructor or assessor for any training relating to air traffic services that it provides unless the person:
(a) has suitable qualifications and experience in accordance with the Australian Quality Training Framework; and
(b) satisfies the requirements of the Manual of Standards – Part 65 for persons having that responsibility.
Division 143.C.3—Reference materials, documents and records
143.075 Reference materials
(1) An ATS training provider must maintain a set of the reference materials mentioned in regulation 143.080 for use by members of its personnel who have responsibilities as instructors or assessors for any training relating to air traffic services that it provides.
(2) The provider must maintain another set of the reference materials for use by anyone undertaking training relating to air traffic services that it provides.
(3) The provider must keep the reference materials up to date and in a readily accessible form.
(4) The instructors and assessors and anyone undertaking training must have ready access to the reference materials.
143.080 Material to be included in reference materials
For regulation 143.075, the reference materials to be maintained by the provider must include the following:
(a) copies of the Act and these Regulations;
(b) copies of Annexes 1, 6, 11 and 12 to the Chicago Convention;
(c) a copy of the AIP;
(d) copies of the Manual of Standards – Part 65 and the Manual of Standards – Part 143;
(e) all manuals and documents specified in the Manual of Standards – Part 65 and Manual of Standards – Part 143.
143.085 Documents and records
(1) The provider must keep documents and records of the kinds specified in the Manual of Standards – Part 143.
(2) A document or record must be retained for as long as the Manual specifies for the particular kind of document or record.
(3) The provider must, at CASA’s request, make the documents and records, or copies of them or extracts from them, available for inspection by CASA.
143.090 Document and record control system
(1) The provider must establish, and put into effect, a system, in accordance with the standards set out in the Manual of Standards – Part 143, for controlling the documents and records required to be kept under regulation 143.085.
(2) The system must include the policies and procedures for making, amending and preserving those documents and records.
Subpart 143.D—Telling CASA about changes
143.095 Advice on organisational changes
The provider must tell CASA, in writing, of a change of circumstances that materially affects its capacity to provide any training relating to air traffic services that is covered by its approval within 7 days after the change occurs.
143.100 Discontinuing training
(1) The provider must not discontinue any training relating to air traffic services that is covered by its approval, unless it has given CASA at least 28 days written notice that the training is to be discontinued.
(2) Subregulation (1) does not apply if, having regard to the provider’s circumstances:
(a) it was not reasonably practicable for the provider to give to CASA at least 28 days notice; and
(b) the provider gives the notice as soon as reasonably practicable before, on or after the day when the service is discontinued.
143.105 Status as registered training organisation
If an ATS training provider, for any reason at any time after its approval as an ATS training provider, loses its status as a registered training organisation, it must, within 7 days, tell CASA in writing accordingly.
Subpart 143.E—Miscellaneous
143.110 Unapproved training
An ATS training provider must not provide any training relating to air traffic services unless:
(a) its approval:
(i) is in force; and
(ii) covers that training; and
(b) it is a registered training organisation whose registration:
(i) is in force; and
(ii) is for training delivery covering that training.
Subpart 143.F—Administration
Note: In addition to the provisions of this Subpart, Part 11 contains provisions relating to an application for approval as an ATS training provider.
Division 143.F.1—Preliminary
143.115 Applicability of this Subpart
This Subpart:
(a) sets out certain administrative rules applying to CASA in its administration of this Part; and
(b) includes certain generic provisions applying to anyone who wants to become, or is, an ATS training provider.
Division 143.F.2—Approvals
143.118 Applying for approval
Subject to regulation 143.120, a person may apply to CASA, in writing, for approval as an ATS training provider.
Note: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030.
143.120 Joint applications not permitted
(1) An application purportedly made by 2 or more persons jointly is not a valid application for any purpose.
(2) An application purportedly made by a partnership is not a valid application for any purpose.
143.130 Applications by corporations etc—what must be included
(1) An application from a person other than an individual must set out:
(a) the applicant’s registered address and ACN; and
(b) the names and addresses of its officers.
(2) In paragraph (1)(b):
officer has the meaning given by section 9 of the Corporations Act 2001.
143.145 CASA may require demonstrations of procedures or equipment
Regulation 11.045 applies in relation to an approval as an ATS training provider.
143.175 Grant of approval
Subject to regulation 11.055, if an applicant has applied for approval as an ATS training provider under this Part, CASA must grant the approval.
Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:
(a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or
(b) a decision imposing a condition on an approval.
143.180 When decision must be made
(1) If CASA does not make a decision about an application within the period mentioned in subregulation (2) after receiving it, CASA is taken to have refused the application.
(2) The period is 6 months.
(3) However, if CASA makes a request under regulation 11.035, 11.040 or 11.045, the time between when CASA makes the request, and when the applicant conducts the demonstration, comes in for interview, or gives CASA the information or copy requested, does not count towards the period.
(4) Also, if CASA asks an applicant to make a statutory declaration under regulation 11.047 or subregulation 11.050(3A), the time between when CASA asks the applicant to do so and when the applicant gives CASA the statutory declaration does not count towards the period.
(5) Also, if CASA invites an applicant to make a written submission under subregulation 11.050(2), the time between when CASA gives the invitation and when the applicant makes the written submission does not count towards the period.
(6) In this regulation:
application includes an application to vary an approval under this Division.
Division 143.F.4—Suspension and cancellation of approvals
143.215 Definition for this Division
In this Division:
show cause notice means a notice under regulation 143.230.
143.220 Suspension of approval by show cause notice
(1) CASA may state, in a show cause notice, that an ATS training provider’s approval is suspended if CASA reasonably considers that not suspending the approval would be likely to have an adverse effect on the safety of air navigation.
Note: Regulation 201.4 provides for review of certain decisions by the Administrative Appeals Tribunal.
(2) If a show cause notice states that the approval is suspended, the approval is suspended from when the notice is given to the provider.
(3) CASA may revoke the suspension at any time.
(4) If CASA has not cancelled the approval under regulation 143.235, within 90 days after the day the show cause notice is given to the provider, the suspension lapses at the end of that period.
143.225 Grounds for cancellation of approval
It is grounds for the cancellation of an ATS training provider’s approval if the provider:
(a) has breached a condition of the approval; or
(b) has contravened the Act or these Regulations; or
(c) does not meet, or continue to meet, a requirement of this Part for getting the approval; or
(d) has otherwise been guilty of conduct that renders the provider’s continued holding of the approval likely to have an adverse effect on the safety of air navigation.
Note: Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.
143.230 Notice to show cause
(1) CASA may give an ATS training provider a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that amount to grounds for the cancellation of the provider’s approval.
(2) A show cause notice must:
(a) tell the provider of the facts and circumstances that justify the cancellation of the approval; and
(b) invite the provider to show in writing, within a reasonable period stated in the notice, why the approval should not be cancelled.
(3) For paragraph (2)(b), the period must not be less than 7 days.
143.235 Cancellation of approval after show cause notice
(1) Subject to regulation 143.245, CASA may cancel an ATS training provider’s approval only if:
(a) there exist facts or circumstances that amount to grounds for the cancellation of the approval; and
(b) CASA has given the provider a show cause notice in relation to the grounds for the proposed cancellation; and
(c) CASA has taken into account any written representations made, within the period stated in the notice, by or on behalf of the provider; and
(d) not cancelling the approval would be likely to have an adverse effect on the safety of air navigation.
(2) If CASA has given a show cause notice to an ATS training provider, and it decides not to cancel the provider’s approval, it:
(a) must tell the provider, in writing, of the decision; and
(b) must, if the approval is suspended, revoke the suspension.
143.245 Cancellation if cooperation or arrangement ceases
(1) CASA must cancel the approval of a person mentioned in subparagraph 143.025(aa)(iii) if the cooperation mentioned in that subparagraph ceases.
(2) CASA must cancel the approval of a person mentioned in subparagraph 143.025(aa)(iv) if the arrangement mentioned in that subparagraph ceases.
Part 145—Continuing airworthiness—Part 145 approved maintenance organisations
Table of contents
Subpart 145.A—General
145.005 Purpose of Part
145.010 Definitions for Part
145.015 Part 145 Manual of Standards
145.020 Regulations 11.070 to 11.075 do not apply in relation to certain matters
Subpart 145.B—Approval of Part 145 organisations
145.025 Applying for approval
145.030 Issuing approval
145.035 Approval certificate
145.040 Privileges for Part 145 organisations
145.045 Approval subject to conditions
Subpart 145.C—Changes to Part 145 organisations
145.050 Application for approval of significant changes to organisations
145.055 Approval of significant changes
145.060 Changes to Part 145 organisations that are not significant changes
145.065 CASA may direct Part 145 organisations to change exposition
Subpart 145.D—Requirements and offences for Part 145 organisations
145.070 Provision of maintenance services
145.075 Provision of permitted training
145.080 Providing employees with exposition
145.085 Complying with directions
Subpart 145.A—General
145.005 Purpose of Part
This Part:
(a) sets out matters relating to Part 145 organisations, including:
(i) requirements for approval as a Part 145 organisation; and
(ii) requirements that apply to Part 145 organisations; and
(b) empowers CASA to issue a Manual of Standards for this Part.
Note: See Division 202.GE.2.1 for transitional provisions under which Part 145 organisations can be approved to undertake CAR maintenance activities.
145.010 Definitions for Part
(1) In this Part:
accountable manager, for a Part 145 organisation, means the individual, appointed by the organisation, who is responsible for:
(a) ensuring that the organisation complies with its exposition, each approval rating that it holds, and these Regulations; and
(b) ensuring that the organisation is able to finance the provision of the maintenance services set out in its exposition; and
(c) ensuring that the organisation has adequate resources available to enable it to provide maintenance services in accordance with its exposition; and
(d) establishing and promoting policies for safety management and quality systems in accordance with the requirements of this Part and Part 42.
approval certificate means a certificate issued under regulation 145.035.
approval rating means a rating for a kind of aircraft, aeronautical product or specialist maintenance specified in the Part 145 Manual of Standards.
exposition, for a Part 145 organisation, means the document that is approved by CASA under regulation 145.030 in relation to the organisation, including:
(a) if a change to the document is approved by CASA under regulation 145.055—that change; and
(b) if the document is updated and the organisation gives CASA a copy of the updated part of the document under regulation 145.060—the updated part of the document; and
(c) if the organisation makes a change to the document in accordance with a direction given by CASA under regulation 145.065—that change.
quality manager, for a Part 145 organisation, means the individual, appointed by the organisation, who is responsible for the quality management system described in the Part 145 Manual of Standards for the organisation.
responsible manager, for a Part 145 organisation, means an individual appointed by the organisation to be responsible to the accountable manager for ensuring that the organisation complies with its exposition and these Regulations in relation to a particular matter.
safety manager, for a Part 145 organisation, means the individual, appointed by the organisation, who is responsible for the safety management system described in the Part 145 Manual of Standards for the organisation.
significant change, in relation to a Part 145 organisation, has the meaning given by subregulation (2).
Note: See the Dictionary for definitions of other terms used in this Part.
(2) A significant change, in relation to a Part 145 organisation, means any of the following changes:
(a) a change to the organisation’s name;
(b) a change to the location of the organisation’s maintenance facility, including the addition of a new maintenance facility;
(c) a change in the personnel holding:
(i) the position of accountable manager in the organisation; or
(ii) the position of quality manager in the organisation; or
(iii) any of the positions of responsible manager in the organisation; or
(iv) the position of safety manager in the organisation;
(d) a change to the maintenance services provided by the organisation, if the change would require a change to the approval ratings mentioned in the organisation’s approval certificate;
(e) a change to the permitted training that it is approved to provide;
(f) a change to the organisation’s facilities, equipment, tools, materials, procedures or certifying employees that could adversely affect the organisation’s ability to provide maintenance services that it is