CASA EX99/23 – Amendment of CASA EX87/21 – Instrument 2023 (No. 2) (Cth)

Instrument number CASA EX99/23

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 EX99/23 – Amendment of CASA EX87/21 – Instrument 2023 (No. 2)

1          Name of instrument

                 This instrument is the CASA EX99/23 – Amendment of CASA EX87/21 – Instrument 2023 (No. 2).

2          Commencement

                 This instrument commences on 2 December 2023.

3          Amendment of CASA EX87/21

                 Schedule 1 amends CASA EX87/21 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – 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                 This instrument is repealed at the end of 1 December 2024.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, 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.

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]       Subsection 3 (1), definition of HFP&NTS program

omit

crew members

insert

operational safety-critical personnel

[4]       Subsection 3 (1), new definition

insert

Subpart 121.Z operation means an operation mentioned in subregulation 121.005(2).

[5]       Subsection 3 (4)

repeal and substitute

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

[6]       Subsection 7 (1)

repeal and substitute

        (1)     It is a condition of the exemptions in section 6 that the relevant operator must not commence scheduled air transport operations until the relevant operator has complied with the directions in section 8.

[7]       Section 8, the heading

repeal and substitute

8          Directions to take preparatory steps

[8]       Paragraph 8 (1) (b)

repeal and substitute

(b)   not later than the end of a date specified in writing by CASA — give CASA the proposed SMS exposition content, along with any supporting documents that are specified in writing by CASA; and

Note   Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed SMS exposition content.

(c)   subject to subsection (3), not commence using its proposed SMS exposition content until the day it receives CASA’s written advice that it may do so.

Note   Receiving the written advice would permit a relevant operator to use the proposed SMS exposition content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 9.

[9]       After subsection 8 (2)

insert

        (3)     Paragraph (1) (c) does not apply to an operator’s use of its proposed SMS exposition content for purposes other than compliance with civil aviation legislation.

Note   For example, paragraph (1) (c) does not prevent an operator using its proposed SMS exposition content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an SMS.

[10]     Section 8A, including the Note

repeal

[11]     Section 9, including the Note

repeal and substitute

9          Expiry of the exemptions

                 The exemptions under section 6 expire for a relevant operator at the end of a date specified in writing by CASA.

Note   Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of the specified date.

[12]     Subsection 17 (1)

repeal and substitute

        (1)     It is a condition of the exemptions in section 16 that the relevant operator must not commence a relevant aerial work operation of a kind that the operator was not authorised to conduct immediately before 2 December 2021 until the relevant operator has complied with the directions in section 18.

[13]     Section 18, the heading

repeal and substitute

18        Directions to take preparatory steps

[14]     Paragraph 18 (1) (b)

repeal and substitute

(b)   not later than the end of a date specified in writing by CASA — give CASA the proposed SMS manual content, along with any supporting documents that are specified in writing by CASA; and

Note   Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed SMS manual content.

(c)   subject to subsection (3), not commence using its proposed SMS manual content until the day it receives CASA’s written advice that it may do so.

Note   Receiving the written advice would permit a relevant operator to use the proposed SMS manual content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 19.

[15]     After subsection 18 (2)

insert

        (3)     Paragraph (1) (c) does not apply to an operator’s use of its proposed SMS manual content for purposes other than compliance with civil aviation legislation.

Note   For example, paragraph (1) (c) does not prevent an operator using its proposed SMS manual content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an SMS.

[16]     Section 18A, including the Note

repeal

[17]     Section 19, including the Note

repeal and substitute

19        Expiry of the exemptions

                 The exemptions under section 16 expire for a relevant operator at the end of a date specified in writing by CASA.

Note   Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of the specified date.

[18]     Part 5, the heading

repeal

[19]     Section 27

repeal and substitute

                 It is a condition of the exemptions in section 26 that the relevant operator must not commence scheduled air transport operations until the relevant operator has complied with the directions in section 28.

[20]     Section 28

repeal and substitute

28        Directions to take preparatory steps

        (1)     A relevant operator who has taken the benefit of any exemption under section 26 must:

(a)   not later than the end of a date specified in writing by CASA — give CASA the proposed HFP&NTS program exposition content, along with any supporting documents that are specified in writing by CASA; and

Note   Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed HFP&NTS program exposition content.

(b)   subject to subsection (3), not commence using its proposed HFP&NTS program exposition content until the day it receives CASA’s written advice that it may do so.

Note   Receiving the written advice would permit a relevant operator to use the proposed HFP&NTS program exposition content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 29.

        (2)     For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).

        (3)     Paragraph (1) (b) does not apply to an operator’s use of its proposed HFP&NTS program exposition content for purposes other than compliance with civil aviation legislation.

Note   For example, paragraph (1) (b) does not prevent an operator using its proposed HFP&NTS program exposition content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an HFP&NTS program.

[21]     Section 28A, including the Notes

repeal

[22]     Section 29, including the Note

repeal and substitute

29        Expiry of the exemptions

                 The exemptions under section 26 expire for a relevant operator at the end of a date specified in writing by CASA.

Note   Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of the specified date.

[23]     Paragraph 30 (b)

repeal and substitute

(b)   was not subject to a requirement under subregulation 217 (1) of CAR, as in force immediately before 2 December 2021, to provide a training and checking organisation for the operations or for an aeroplane used in the operations.

[24]     Subsection 32 (1)

repeal and substitute

        (1)     It is a condition of the exemptions in section 31 that the relevant operator must not commence the following:

(a)   scheduled air transport operations (relevant operations); or

(b)   use of an aeroplane for any air transport operation (the relevant aeroplane);

                 if:

(c)   such commencement would have required a training and checking organisation under subregulation 217 (1) of CAR, as in force immediately before 2 December 2021; and

(d)   the relevant operator has not complied with the directions in section 33 for the relevant operations or the relevant aeroplane.

[25]     Section 33

repeal and substitute

33        Directions to take preparatory steps

        (1)     A relevant operator who has taken the benefit of any exemption under section 31 must:

(a)   not later than the end of a date specified in writing by CASA — give CASA the proposed T&C exposition content, along with any supporting documents that are specified in writing by CASA; and

(b)   subject to subsection (3), not commence using its proposed T&C exposition content until the day it receives CASA’s written advice that it may do so.

Note   Receiving the written advice would permit a relevant operator to use the proposed T&C exposition content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 34.

        (2)     For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).

        (3)     Paragraph (1) (b) does not apply to an operator’s use of its proposed T&C exposition content for purposes other than compliance with civil aviation legislation.

Note   For example, paragraph (1) (b) does not prevent an operator using its proposed T&C exposition content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an enhanced system of conducting training and checking activities (as compared to section 32 safety conditions).

[26]     Section 33A, including the Notes

repeal

[27]     Section 34, including the Note

repeal and substitute

34        Expiry of the exemptions

                 The exemptions under section 31 expire for a relevant operator at the end of a date specified in writing by CASA.

[28]     Paragraph 34A (b)

repeal and substitute

(b)   was subject to a requirement under subregulation 217 (1) of CAR, as in force immediately before 2 December 2021, to provide a training and checking organisation for the operations or for an aeroplane used in the operations.

[29]     Section 34D

repeal and substitute

34D     Directions to take preparatory steps

        (1)     A relevant operator who has taken the benefit of any exemption under section 34B must:

(a)   not later than the end of a date specified in writing by CASA — give CASA the proposed T&C exposition content, along with any supporting documents that are specified in writing by CASA; and

(b)   subject to subsection (3), not commence using its proposed T&C exposition content until the day it receives CASA’s written advice that it may do so.

Note   Receiving the written advice would permit a relevant operator to use the proposed T&C exposition content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 34E.

        (2)     For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).

        (3)     Paragraph (1) (b) does not apply to an operator’s use of its proposed T&C exposition content for purposes other than compliance with civil aviation legislation.

Note   For example, paragraph (1) (b) does not prevent an operator using its proposed T&C exposition content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an enhanced system of conducting training and checking activities (as compared to section 34B safety conditions).

[30]     Section 34DA, including the Notes

repeal

[31]     Section 34E, including the Note

repeal and substitute

34E     Expiry of the exemptions

                 The exemptions under section 34B expire for a relevant operator at the end of a date specified in writing by CASA.

[32]     Paragraph 35 (b)

repeal and substitute

(b)   was not subject to a requirement under subregulation 217 (1) of CAR, as in force immediately before 2 December 2021, to provide a training and checking organisation for the operations or for rotorcraft used in the operations.

[33]     Subsection 37 (1)

repeal and substitute

        (1)     It is a condition of the exemptions in section 36 that the relevant operator must not commence the following:

(a)   scheduled air transport operations (relevant operations); or

(b)   use of a rotorcraft for any air transport operation (the relevant rotorcraft);

                 if:

(c)   such commencement would have required a training and checking organisation under subregulation 217 (1) of CAR, as in force immediately before 2December 2021; and

(d)   the relevant operator has not complied with the directions in section 38 for the relevant operations or the relevant rotorcraft.

[34]     Section 38

repeal and substitute

38        Directions to take preparatory steps

        (1)     A relevant operator who has taken the benefit of any exemption under section 36 must:

(a)   not later than the end of a date specified in writing by CASA — give CASA the proposed T&C exposition content, along with any supporting documents that are specified in writing by CASA; and

Note 1   Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed T&C exposition content.

Note 2   If the proposed T&C exposition content includes the use of an individual to conduct a specified training or check mentioned in section 20B of CASA EX84/21, their supporting documents may need to include their application for the approval mentioned in that section.

(b)   subject to subsection (3), not commence using its proposed T&C exposition content until the day it receives CASA’s written advice that it may do so.

Note 1    Receiving the written advice would permit a relevant operator to use the proposed T&C exposition content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 39.

Note 2   If the proposed T&C exposition content includes the use of an individual to conduct a specified training or check mentioned in section 20B of CASA EX84/21, the receipt of advice from CASA under paragraph (b) is not the approval mentioned in section 20B of CASA EX84/21.

        (2)     For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).

        (3)     Paragraph (1) (b) does not apply to an operator’s use of its proposed T&C exposition content for purposes other than compliance with civil aviation legislation.

Note   For example, paragraph (1) (b) does not prevent an operator using its proposed T&C exposition content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an enhanced system of conducting training and checking activities (as compared to section 37 safety conditions).

[35]     Section 38A, including the Notes

repeal

[36]     Section 39, including the Note

repeal and substitute

39        Expiry of the exemptions

                 The exemptions under section 36 expire for a relevant operator at the end of a date specified in writing by CASA.

Note   Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of the specified date.

[37]     Part 9, the heading

repeal and substitute

Part 9             Training and checking systems – Australian air transport operators – Part 135 operations and Subpart 121.Z operations – aeroplanes – exemptions

[38]     Section 40, the chapeau

omit

Part 135 operation

insert

Part 135 operation or a Subpart 121.Z operation

[39]     Paragraph 40 (b)

repeal and substitute

(b)   was not subject to a requirement under subregulation 217 (1) of CAR, as in force immediately before 2 December 2021, to provide a training and checking organisation for the operations or for an aeroplane used in the operations.

[40]     Subsection 42 (1)

repeal and substitute

42        Conditions of the exemptions — safety

        (1)     It is a condition of the exemptions in section 41 that the relevant operator must not commence the following:

(a)   scheduled air transport operations (relevant operations); or

(b)   use of an aeroplane for any air transport operation (the relevant aeroplane);

                 if:

(c)   such commencement would have required a training and checking organisation under subregulation 217 (1) of CAR, as in force immediately before 2 December 2021; and

(d)   the relevant operator has not complied with the directions in section 43 for the relevant operations or the relevant aircraft.

[41]     Paragraph 42 (2) (b)

omit

Part 135 operation:

insert

Part 135 operation or a Subpart 121.Z operation (as applicable):

[42]     Paragraph 42 (2) (c)

omit

Part 135 operation

insert

Part 135 operation or a Subpart 121.Z operation (as applicable)

[43]     Paragraph 42 (3) (a)

omit

Part 135 operations

insert

Part 135 operations or Subpart 121.Z operations (as applicable)

[44]     Section 43

repeal and substitute

43        Directions to take preparatory steps

        (1)     A relevant operator who has taken the benefit of any exemption under section 41 must:

(a)   not later than the end of a date specified in writing by CASA — give CASA the proposed T&C exposition content, along with any supporting documents that are specified in writing by CASA; and

Note 1   Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed T&C exposition content.

Note 2   If the proposed T&C exposition content includes the use of an individual to conduct a specified training or check mentioned in section 20A of CASA EX85/21, their supporting documents may need to include their application for the approval mentioned in that section.

(b)   subject to subsection (3), not commence using its proposed T&C exposition content until the day it receives CASA’s written advice that it may do so.

Note 1   Receiving the written advice would permit a relevant operator to use the proposed T&C exposition manual content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 44.

Note 2   If the proposed T&C exposition content includes the use of an individual to conduct a specified training or check mentioned in section 20A of CASA EX85/21, the receipt of advice from CASA under paragraph (b) is not the approval mentioned in section 20A of CASA EX85/21.

        (2)     For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).

        (3)     Paragraph (1) (b) does not apply to an operator’s use of its proposed T&C exposition content for purposes other than compliance with civil aviation legislation.

Note   For example, paragraph (1) (b) does not prevent an operator using its proposed T&C exposition content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an enhanced system of conducting training and checking activities (as compared to section 42 safety conditions).

[45]     Section 43A, including the Notes

repeal

[46]     Section 44, including the Note

repeal and substitute

44        Expiry of the exemptions

                 The exemptions under section 41 expire for a relevant operator at the end of a date specified in writing by CASA.

Note    Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of the specified date.

[47]     Paragraph 45 (2) (b)

repeal and substitute

(b)   was not subject to a requirement under subregulation 217 (1) of CAR, as in force immediately before 2 December 2021, to provide a training and checking organisation for the operations or for an aircraft used in the operations.

[48]     Subsection 47 (1), excluding the Note

repeal and substitute

        (1)     It is a condition of the exemptions in section 46 that the relevant operator must not do any of the following:

(a)   commence relevant aerial work operations of a kind that the operator was not authorised to conduct immediately before 2 December 2021;

(b)   commence relevant aerial work operations, or the use of an aircraft for the relevant aerial work operations (relevant aircraft), that would have required a training and checking organisation under subregulation 217 (1) of CAR, as in force immediately before 2 December 2021;

                 until the relevant operator has complied with the directions in section 48.

[49]     Section 48

repeal and substitute

48        Directions to take preparatory steps

        (1)     A relevant operator who has taken the benefit of any exemption under section 46 must:

(a)   not later than the end of a date specified in writing by CASA — give CASA the proposed T&C manual content, along with any supporting documents that are specified in writing by CASA; and

Note 1   Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed T&C manual content.

Note 2   If the proposed T&C manual content includes the use of an individual to conduct a specified training or check mentioned in section 17 of CASA EX86/21, the supporting documents may need to include their application for the approval mentioned in that section.

(b)   subject to subsection (3), not commence using its proposed T&C manual content until the day it receives CASA’s written advice that it may do so.

Note 1   Receiving the written advice would permit a relevant operator to use the proposed T&C manual content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 49.

Note 2   If the proposed T&C manual content includes the use of an individual to conduct a specified training or check mentioned in section 17 of CASA EX86/21, the receipt of advice from CASA under paragraph (b) is not the approval mentioned in section 17 of CASA EX86/21.

        (2)     For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).

        (3)     Paragraph (1) (b) does not apply to an operator’s use of its proposed T&C manual content for purposes other than compliance with civil aviation legislation.

Note   For example, paragraph (1) (b) does not prevent an operator using its proposed T&C manual content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an enhanced system of conducting training and checking activities (as compared to section 47 safety conditions).

[50]     Section 48A, including the Notes

repeal

[51]     Section 49, including the Note

repeal and substitute

49        Expiry of the exemptions

                 The exemptions under section 46 expire for a relevant operator at the end of a date specified in writing by CASA.

Note   Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of the specified date.

[52]     Section 52

repeal and substitute

52        Conditions of the exemption — safety

                 It is a condition of the exemption in section 51 that the operator must not commence a scheduled air transport operation in an aircraft that required, or would have required, an FDAP under CAO 82.3 or 82.5, as in force immediately before 2 December 2021, until the relevant operator has complied with the directions in section 53.

[53]     Section 53

repeal and substitute

53        Directions to take preparatory steps

        (1)     A relevant operator who has taken the benefit of any exemption under section 51 must:

(a)   not later than the end of a date specified in writing by CASA — give CASA the proposed exposition content that meets the requirements of regulation 119.195 (proposed exposition content) along with any supporting documents that are specified in writing by CASA; and

Note   Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed exposition content.

(b)   subject to subsection (3), not commence using its proposed exposition content until the day it receives CASA’s written advice that it may do so.

Note   Receiving the written advice would permit a relevant operator to use the proposed exposition content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 54.

        (2)     For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).

        (3)     Paragraph (1) (b) does not apply to an operator’s use of its proposed T&C exposition content for purposes other than compliance with civil aviation legislation.

Note   For example, paragraph (1) (b) does not prevent an operator using its proposed exposition content for the purpose of meeting a customer’s contractual requirement for the operator to have and use a FDAP.

[54]     Section 53A

repeal

[55]     Section 54, including the Note

repeal and substitute

54        Expiry of the exemptions

                 The exemptions under section 51 expire for a relevant operator at the end of a date specified in writing by CASA.

Note   Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates.