I, steven JAMES campbell, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed S. Campbell]

Steven Campbell
Executive Manager, National Operations & Standards

24 March 2025

CASA EX16/25 – Amendment of CASA EX62/24 (for CASR Part 131) – Exemption Instrument 2025

  This instrument is CASA EX16/25 – Amendment of CASA EX62/24 (for CASR Part 131) – Exemption Instrument 2025.

  This instrument commences on the day after it is registered.

3 Amendment of instrument CASA EX62/24

  Schedule 1 amends CASA EX62/24 – CASR Part 131 – Exemptions and Directions Instrument 2024.

Note   CASA EX62/24 – CASR Part 131 – Exemptions and Directions Instrument 2024 is repealed at the end of 11 November 2027.

Schedule 1 Amendment

[1] Section 7

repeal and substitute

7 Exemption — if no authorised person acting in the absence of key personnel

 (1) This section applies to a balloon transport operator (the operator) who has not authorised another person to carry out the responsibilities of a key person when that key person is absent from their position, or cannot carry out the responsibilities of their position.

 (2) The operator is exempted from compliance with subparagraph 131.195(1)(e)(iv) of CASR.

Note   Subparagraph 131.195(1)(e)(iv) of CASR may imply that an operator must actually have a “back-up” authorised person to act for an absent key person (commonly referred to as an “alternate key person”). This was not intended. Further, an operator is not required to notify CASA if they choose not to have such a back-up person (although the absence of such a person can have operational implications for the operator — see CASA’s website for further information and guidance material on this). An operator may choose to appoint such a back-up person, and if so, the appointment, and changes to the appointment, would be a significant change that requires CASA’s approval. The exemption, therefore, is for the avoidance of doubt to make clear that an operator who has chosen not to have a back-up person is exempted from any obligation to make such an appointment.