Instrument number CASA EX138/21
I, ANDREAS MARCELJA, Acting Executive Manager, Stakeholder Engagement, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.
Andreas Marcelja
Acting Executive Manager, Stakeholder Engagement
21 December 2021
CASA EX138/21 — Aeronautical Knowledge Examinations (Extension of Time Due to COVID-19) Exemption 2021
1 Name
This instrument is CASA EX138/21 — Aeronautical Knowledge Examinations (Extension of Time Due to COVID-19) Exemption 2021.
2 Repeal
Instrument CASA EX83/20 — Aeronautical Knowledge Examinations (Extension of Time Due to COVID-19) Exemption 2020 is repealed.
3 Duration
This instrument:
(a) commences on the day after it is registered; and
(b) is repealed at the end of 15 September 2024.
4 Definitions
In this instrument, words and phrases have the same meaning as in Part 61 of CASR, including aeronautical knowledge examination, air transport pilot licence and commercial pilot licence.
5 Application
This instrument applies to a person who:
(a) between 16 March 2018 and 15 September 2021, passed at least 1 part of an aeronautical knowledge examination for a commercial pilot licence, or air transport pilot licence, with an aircraft category rating; and
(b) has requested CASA, in writing, for an extension of the timeframe to complete the aeronautical knowledge examination, after passing all parts of the examination:
(i) after 15 March 2018; and
(ii) within a period of 3 years.
6 Exemption — timeframe for completion of aeronautical knowledge examination
(1)The person is exempt from compliance with subregulation 61.225 (2) of CASR to the extent that it requires that, for the person to be taken to have passed the aeronautical knowledge examination for a commercial pilot licence, or an air transport pilot licence, with the aircraft category rating, the person must pass all parts of the examination within a period of 2 years.
(2)The exemption in subsection (1) is subject to the condition in section 7.
7 Condition
The person must, if requested by CASA, demonstrate to CASA that Australian or foreign law in response to the COVID-19 pandemic has made it impossible, impracticable or unreasonable for the person to pass all parts of the examination within a period of 2 years.
Note For example, the person may demonstrate that it was impracticable to pass a part of an examination by giving CASA a written statement from Aspeq to the effect that the person’s aeronautical knowledge examination sitting was cancelled due to Australian State Government‑imposed restrictions in place to reduce or control the spread of COVID-19.