Instrument number CASA EX17/26
I, PHILIPPA JILLIAN SPENCE, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.
[Signed P. Spence]
Pip Spence
Director of Aviation Safety
24 April 2026
CASA EX17/26 – Flight Operations (Exemptions – Key Personnel & Other Measures) Amendment (EX68/24 and EX72/24) Instrument 2026
1 Name
This instrument is CASA EX17/26 – Flight Operations (Exemptions – Key Personnel & Other Measures) Amendment (EX68/24 and EX72/24) Instrument 2026.
2 Commencement
This instrument commences at the time that it is registered.
3 Amendments
(1) CASA EX68/24 – Part 119 of CASR – Supplementary Exemptions and Directions Instrument 2024 is amended as set out in the applicable items in Schedule 1.
(2) CASA EX72/24 – Part 138 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2024 is amended as set out in the applicable items in Schedule 2.
Schedule 1 Amendment of CASA EX68/24 – Part 119 of CASR – Supplementary Exemptions and Directions Instrument 2024
[1] Section 3
insert
micro-operator, in relation to an Australian air transport operator, means an Australian air transport operator that:
(a) has no more than 10 operational safety-critical personnel, employed by the operator under a contract of service, who are:
(i) reasonably likely to perform duties assigned by the operator at least 2 times every 90 days for the operator; or
(ii) available to perform such a duty for the operator; and
(b) is not required by regulation 119.195 of CASR to have a flight data analysis program.
[2] After section 7AB
insert
7AC Position of safety manager occupied by CEO or HOFO — micro‑operator exemption
(1) This section applies to an Australian air transport operator who is a micro‑operator.
(2) The operator is exempted from compliance with:
(a) paragraphs 119.080(1)(f) and (g) of CASR; and
(b) regulation 119.060 of CASR, but only in relation to paragraphs 119.080(1)(f) and (g).
7AD Key personnel – safety manager CASA EX73/24 transition – significant change exemption
Definitions
(1) In this section:
CASA EX73/24 means CASA EX73/24 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2024.
SMS exposition content has the meaning given by section 3 of CASA EX73/24.
Application
(2) Subsection (3) applies to an Australian air transport operator to whom Part 2 of CASA EX73/24 applies if:
(a) the operator nominates a person to occupy the position of safety manager in the operator’s organisation; and
(b) the nomination comes about because of the compliance of the operator with the directions in section 8 of CASA EX73/24; and
(c) the operator gives CASA the documents, approved Form and SMS exposition content required by paragraph 8(1)(a) and subsection 8(2) of CASA EX73/24 before the end of 1 December 2026.
Note Exemptions in Part 2 of CASA EX73/24 enable certain Australian air transport operators to not comply with the requirements of Part 119 of CASR relating to safety management systems and safety managers until a date notified in writing by CASA. Those exemptions are subject to compliance with certain mandatory preparatory actions requiring the operator’s transition to those new rules by a date notified in writing by CASA. Further information is available on the CASA website: <https://www.casa.gov.au/rules/changing-rules/flight-operations-regulations-transition>.
Exemptions
(3) The operator is exempted from compliance with subregulations 119.090(1) and (4) of CASR, but only to the extent that the significant change is the addition of a safety manager to the organisation’s key personnel, being a change described in subparagraph (a)(ii) of the definition of significant change in regulation 119.020.
Note If the operator has not provided CASA with the documents, approved Form and SMS exposition content required by paragraph 8(1)(a) and subsection 8(2) of CASA EX73/24 before the end of 1 December 2026 then the exemption does not apply and the change will be a significant change.
[3] After section 15
insert
15A Human factors principles and non-technical skills for relevant personnel
Definition
(1) In this section:
excluded personnel, in relation to an Australian air transport operator, means a member of the operator’s operational safety-critical personnel who is not either:
(a) a crew member for Australian air transport operations conducted by the operator; or
(b) a person employed by the operator under a contract of service (that is, as a direct employee).
Exemptions
(2) An Australian air transport operator is exempted from compliance with regulation 119.175 of CASR, but only to the extent that the provision requires the operator to have an HFP&NTS program for personnel who are excluded personnel.
(3) An Australian air transport operator is exempted from compliance with the following provisions of CASR, but only to the extent that the provision relates to a member of the operator’s personnel who is excluded personnel:
(a) regulation 119.180;
(b) regulation 119.185.
Note Excluded personnel may include persons who are subcontracted personnel and who carry out ground support duties. Australian air transport operators are also required to comply with requirements in Parts 121, 133 or 135 of CASR relating to personnel carrying out ground support duties (ground support personnel). At the time of commencement of this section, there were exemptions in place relating to ground support personnel requirements in section 14A of instrument CASA EX69/24, section 9A of instrument CASA EX70/24 and section 9A of instrument CASA EX71/24. Conditions on the exemptions require the operator to:
(a) be satisfied that the person is capable of carrying out, and is willing to carry out, a ground support duty in a manner that maintains aviation safety; or
(b) ensure the person is supervised by a direct employee of the operator who meets certain requirements.
CASA has published guidance on these matters in Acceptable means of Compliance (AMC) documents and Guidance Material (GM) documents for the various Parts of CASR. These are available on the CASA website at <https://www.casa.gov.au/resources-and-education/publications/guidance-material/acceptable-means-compliance-and-guidance-material>.
Schedule 2 Amendment of CASA EX72/24 – Part 138 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2024
[4] Section 3
insert
micro-operator, in relation to an aerial work operator, means an aerial work operator that has no more than 10 operational safety-critical personnel, employed by the operator under a contract of service, who are:
(a) reasonably likely to perform duties assigned by the operator at least 2 times every 90 days for the operator; or
(b) available to perform such a duty for the operator.
[5] After section 5
insert
5A Key personnel – safety manager CASA EX73/24 transition – significant change exemption
Definitions
(1) In this section:
CASA EX73/24 means CASA EX73/24 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2024.
SMS manual content has the meaning given by section 3 of CASA EX73/24.
Application
(2) Subsection (3) applies to an aerial work operator to whom Part 4 of CASA EX73/24 applies if:
(a) the operator nominates a person to occupy the position of safety manager in the operator’s organisation; and
(b) the nomination comes about because of the compliance of the operator with the directions in section 18 of CASA EX73/24; and
(c) the operator gives CASA the documents, approved Form and SMS manual content required by paragraph 18(1)(a) and subsection 18(2) of CASA EX73/24 by the end of 1 December 2026.
Note Exemptions in Part 4 of CASA EX73/24 enable certain aerial work operators to not comply with requirements in Part 138 of CASR relating to safety management systems and safety managers until a date notified in writing by CASA. Those exemptions are subject to compliance with certain mandatory preparatory actions requiring the operator’s transition to those new rules by a date notified in writing by CASA. Further information is available on the CASA website at: <https://www.casa.gov.au/rules/changing-rules/flight-operations-regulations-transition>.
Exemptions
(3) The operator is exempted from compliance with subregulations 138.062(1) and (5) of CASR, but only to the extent that the significant change is the addition of a safety manager to the organisation’s key personnel, being a change described in subparagraph (a)(ii) of the definition of significant change in regulation 138.012.
[6] After section 9
insert
9AA Position of safety manager occupied by CEO or head of operations — micro-operator exemption
(1) This section applies to an aerial work operator who is a micro-operator.
(2) The operator is exempted from compliance with:
(a) subparagraphs 138.050(1)(g)(i) and (ii) of CASR; and
(b) regulation 138.055 of CASR but only in relation to subparagraphs 138.050(1)(g)(i) and (ii).