CASA EX95/23 – Amendment of CASA EX83/21 – Instrument 2023 (No. 2) (Cth)

Instrument number CASA EX95/23

I, CHRISTOPHER PAUL MONAHAN, 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 Chris Monahan]

Christopher P. Monahan
Executive Manager, National Operations & Standards

29 November 2023

CASA EX95/23 – Amendment of CASA EX83/21 – Instrument 2023 (No. 2)

1          Name

                 This instrument is CASA EX95/23 – Amendment of CASA EX83/21 – Instrument 2023 (No. 2).

2          Commencement

                 This instrument commences on 2 December 2023.

3          Amendment of CASA EX83/21

                 Schedule 1 amends CASA EX83/21 – Part 121 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021.

Schedule 1          Amendments

[1]       Section 2

repeal and substitute

2          Repeal

                 This instrument is repealed at the end of 1 December 2024.

[2]       Subsection 3 (1), definitions of CAR, charter operation, operations manual and regular public transport operation

repeal and substitute

CAR means the Civil Aviation Regulations 1988.

charter operation has the same meaning as in paragraph 2 (7) (b) of CAR, as in force immediately before 2 December 2021.

operations manual means an operator’s operations manual that complies with the requirements of regulation 215 of CAR, as in force immediately before 2 December 2021.

regular public transport operation has the same meaning as in paragraph 2(7) (c) of CAR, as in force immediately before 2 December 2021.

[3]       After subsection 3 (2)

insert

        (3)     Unless the contrary intention is expressed, any document incorporated into this instrument is so incorporated as it is in force from time to time.

[4]       Paragraph 28 (1) (b)

omit

CAR

insert

CAR, as in force immediately before 2 December 2021,

[5]       Section 29

repeal and substitute

29        Directions and cessation

        (1)     This section applies to a relevant operator.

        (2)     The relevant operator must comply with subsection (3) not later than the earlier of:

(a)   the day on and from which the operator ceases to take advantage of the exemption under section 28; and

(b)   the end of a date to be specified in writing by CASA.

        (3)     The operator must include in its exposition, information, procedures and instructions on how it will comply with paragraph 121.475 (2) (c) so that at least one pilot occupying a pilot seat must have the experience required by paragraph 121.480 (1) (b), and subregulations 121.480 (2) and (3).