Civil Aviation Regulations (Amendment) (Cth)
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PART 1—AMENDMENT
Regulation
1. Commencement
2. Amendment
3. Regulation 2 (Interpretation)
4. Regulation 7 (Delegation)
5. Omission of Part and substitution of new Part:
PART 5—QUALIFICATIONS OF FLIGHT CREW
5.01. Interpretation
5.02. Effect of Division
5.03. May a person perform a duty essential to the operation of an aircraft without a licence?
5.04. Medical certificate: flight crew licence
5.05. Medical certificate: certificate of validation
5.06. Medical certificate: special pilot licence
5.07. Medical certificate: flight tests and assessments
5.08. Flight crew licence: application
5.09. Flight crew licence: issue and refusal
5.10. Notice of decision to issue or refuse licence
5.11. Licence may be subject to conditions
5.12. Duration of licence
5.13. Flight crew rating: application
5.14. Flight crew rating: issue and refusal
5.15. Notice of decision to issue or refuse rating
5.16. Rating may be subject to conditions
5.17. Flight crew rating: duration
5.18. Flight crew rating: authority and flight tests
5.19. Flight crew rating: flight tests
5.20. Flight crew rating: approval to give training
5.21. Approval to give conversion training
5.22. Aircraft endorsement must be held in certain circumstances
5.23. Aircraft endorsement: issue and refusal
5.24. Notice of decision to issue or refuse endorsement
5.25. Endorsement may be subject to conditions
5.26. Duration of endorsement
5.27. Certificate of validation: issue
5.28. Notice of decision to issue or refuse certificate
5.29. Certificate may be subject to conditions
5.30. Certificate of validation: overseas authorisation information to be entered
5.31. Certificate of validation: effect
5.32. Certificate of validation: period of validity
5.33. Certificate of validation: offences
5.34. Airship instructor: appointment
5.35. Airship pilot training
5.36. Airship instructor: cancellation of appointment
5.37. Flight engineer training
5.38. Further examination of holders of flight crew licence etc.
5.39. Review of decision to require further examination
5.40. Pilot acting in command under supervision
5.41. Flight crew licence: Authority may set tests and examinations
5.42. Flight tests: Authority to be notified
5.43. Flight tests: application for exemption from requirement to notify Authority
5.44. Flight tests: granting of exemptions from requirement to notify Authority
5.45. Flight tests: date of effect of exemption for particular flight test
5.46. Flight tests: date of effect of general exemption
5.47. Flight tests: changes affecting general exemptions
5.48. Flight tests: revocation of general exemption
5.49. Flight tests: effect of grant of exemption
5.50. Approval to test aircraft
5.51. Personal log books
5.52. What must be recorded in a personal log book?
5.53. How long must a personal log book be retained?
5.54. Evidence of identity
5.55. Flight time limitations
5.56. Production of licence etc.
5.57. Flying schools: transfer of student records
5.58. Flying schools: chief flying instructor
5.59. Flight crew licence: syllabuses of training
5.60. Instrument ground time: approval of trainer
5.61. What are the qualifications for a flight radiotelephone operator licence?
5.62. What does a flight radiotelephone operator licence authorise a person to do?
5.63. Flight radiotelephone operator licence: conduct of examination and test
5.64. Interpretation
5.65. What are the qualifications for a student pilot licence?
5.66. What does a student pilot licence authorise a person to do?
5.67. What training is required before an instructor may permit a student to fly as pilot in command?
5.68. What kind of aircraft may an instructor permit a student to fly as pilot in command?
5.69. Where may an instructor permit a student to fly as pilot in command?
5.70. How many consecutive hours may an instructor permit a student to fly as pilot in command?
5.71. What recent experience must a student have for an instructor to permit the student to fly as pilot in command?
5.72. May an instructor permit a student to carry passengers while flying as pilot in command?
5.73. May an instructor permit a student to carry other students while flying as pilot in command?
5.74. May an instructor permit a student to carry out activities for which a rating is required?
5.75. What are the requirements for attempting a general flying progress flight test?
5.76. What aeronautical experience is required before a student attempts a general flying progress flight test?
5.77. What are the qualifications for a private pilot (aeroplane) licence?
5.78. What does a private pilot (aeroplane) licence authorise a person to do?
5.79. What kind of aeroplane may a private (aeroplane) pilot fly?
5.80. Private (aeroplane) pilot: rating required
5.81. Private (aeroplane) pilot: regular flight reviews required
5.82. Private (aeroplane) pilot: recent experience requirements
5.83. Chief flying instructor may determine that a person satisfies aeroplane syllabus
5.84. Private pilot (aeroplane) licence: aeronautical experience required
5.85. Aeronautical experience: calculation of flight time
5.86. How and when may a private pilot (aeroplane) licence flight test be attempted?
5.87. What are the qualifications for a private pilot (helicopter) licence?
5.88. What does a private pilot (helicopter) licence authorise a person to do?
5.89. What kind of helicopter may a private (helicopter) pilot fly?
5.90. Private (helicopter) pilot: rating required
5.91. Private (helicopter) pilot: regular flight reviews required
5.92. Private (helicopter) pilot: recent experience requirements
5.93. Private pilot (helicopter) licence: aeronautical experience required
5.94. How and when may a private pilot (helicopter) licence flight test be attempted?
5.95. What are the qualifications for a private pilot (gyroplane) licence?
5.96. What does a private pilot (gyroplane) licence authorise a person to do?
5.97. What kind of gyroplane may a private (gyroplane) pilot fly?
5.98. Private (gyroplane) pilot: rating required
5.99. Private (gyroplane) pilot: regular flight reviews required
5.100. Private (gyroplane) pilot: recent experience requirements
5.101. Private pilot (gyroplane) licence: aeronautical experience required
5.102. How and when may a private pilot (gyroplane) licence flight test be attempted?
5.103. Interpretation
5.104. What are the qualifications for a commercial pilot (aeroplane) licence?
5.105. What does a commercial pilot (aeroplane) licence authorise a person to do?
5.106. What kind of aeroplane may a commercial (aeroplane) pilot fly?
5.107. Commercial (aeroplane) pilot: rating required
5.108. Commercial (aeroplane) pilot: regular flight reviews required
5.109. Commercial (aeroplane) pilot: recent experience requirements
5.110. Commercial (aeroplane) pilot: requirements if over 60 years old
5.111. Aeronautical experience: commercially trained persons
5.112. Commercially trained persons: time spent in synthetic flight trainer
5.113. Aeronautical experience: commercial (helicopter) pilots and air transport (helicopter) pilots
5.114. Aeronautical experience: private (helicopter) pilots
5.115. Aeronautical experience: persons other than commercially trained persons and helicopter pilots
5.116. Persons other than commercially trained persons: time spent in synthetic flight trainer
5.117. Cross‑country flight time
5.118. Aeronautical experience: calculation of flight time
5.119. How and when may a commercial pilot (aeroplane) licence flight test be attempted?
5.120. What are the qualifications for a commercial pilot (helicopter) licence?
5.121. What does a commercial pilot (helicopter) licence authorise a person to do?
5.122. What kind of helicopter may a commercial (helicopter) pilot fly?
5.123. Commercial (helicopter) pilot: rating required
5.124. Commercial (helicopter) pilot: regular flight reviews required
5.125. Commercial (helicopter) pilot: recent experience requirements
5.126. Commercial (helicopter) pilot: requirements if over 60 years old
5.127. Commercial (helicopter) pilot: aeronautical experience required
5.128. How and when may a commercial pilot (helicopter) licence flight test be attempted?
5.129. What are the qualifications for a commercial pilot (gyroplane) licence?
5.130. What does a commercial pilot (gyroplane) licence authorise a person to do?
5.131. What kind of gyroplane may a commercial (gyroplane) pilot fly?
5.132. Commercial (gyroplane) pilot: rating required
5.133. Commercial (gyroplane) pilot: regular flight reviews required
5.134. Commercial (gyroplane) pilot: recent experience requirements
5.135. Commercial (gyroplane) pilot: requirements if over 60 years old
5.136. Commercial (gyroplane) pilot: aeronautical experience required
5.137. How and when may a commercial pilot (gyroplane) licence flight test be attempted?
5.138. What are the qualifications for a commercial pilot (balloon) licence?
5.139. What does a commercial pilot (balloon) licence authorise a person to do?
5.140. What class of balloon may a commercial (balloon) pilot fly?
5.141. What type of balloon may a commercial (balloon) pilot fly?
5.142. Commercial (balloon) pilot: rating required
5.143. Commercial (balloon) pilot: regular flight reviews required
5.144. Commercial (balloon) pilot: recent experience requirements
5.145. Commercial (balloon) pilot: aeronautical experience
5.146. Commercial (balloon) pilot: flying training required
5.147. How and when may a commercial pilot (balloon) licence flight test be attempted?
5.148. Classes of balloons
5.149. Interpretation
5.150. What are the qualifications for a commercial pilot (airship) licence?
5.151. What does a commercial pilot (airship) licence authorise a person to do?
5.152. What kind of airship may a commercial (airship) pilot fly?
5.153. Commercial (airship) pilot: rating required
5.154. Commercial (airship) pilot: regular flight reviews required
5.155. Commercial (airship) pilot: recent experience requirements
5.156. Commercial (airship) pilot: recent experience for commercial operations
5.157. Commercial (airship) pilot: requirements if over 60 years old
5.158. Aeronautical experience: commercially trained persons
5.159. Commercially trained persons: time spent in synthetic flight trainer
5.160. Aeronautical experience: persons other than commercially trained persons
5.161. Persons other than commercially trained persons: time spent in synthetic flight trainer
5.162. Cross‑country flight time
5.163. Aeronautical experience: calculation of flight time
5.164. How and when may a commercial pilot (airship) licence flight test be attempted?
5.165. What are the qualifications for an air transport pilot (aeroplane) licence?
5.166. What does an air transport pilot (aeroplane) licence authorise a person to do?
5.167. What kind of aeroplane may an air transport (aeroplane) pilot fly?
5.168. Air transport (aeroplane) pilot: rating required
5.169. Air transport (aeroplane) pilot: regular flight reviews required
5.170. Air transport (aeroplane) pilot: recent experience requirements
5.171. Air transport (aeroplane) pilot: requirements if over 60 years old
5.172. Aeronautical experience: minimum requirements
5.173. Aeronautical experience: calculation of flight time
Division 14—Air Transport Pilot (Helicopter) Licence 5.174. What are the qualifications for an air transport pilot (helicopter) licence?
5.175. What does an air transport pilot (helicopter) licence authorise a person to do?
5.176. What kind of helicopter may an air transport (helicopter) pilot fly?
5.177. Air transport (helicopter) pilot: rating required
5.178. Air transport (helicopter) pilot: regular flight reviews required
5.179. Air transport (helicopter) pilot: recent experience requirements
5.180. Air transport (helicopter) pilot: requirements if over 60 years old
5.181. Aeronautical experience: minimum requirements
5.182. Aeronautical experience: calculation of flight time
5.183. What are the qualifications for a student flight engineer licence?
5.184. What does a student flight engineer licence authorise a person to do?
5.185. When may an owner, operator or pilot in command allow a student flight engineer to perform duties?
5.186. Supervision of student flight engineer
5.187. When may a student perform the duties of a flight engineer?
5.188. What are the qualifications for a flight engineer licence?
5.189. What does a flight engineer licence authorise a person to do?
5.190. What kind of aircraft may a flight engineer operate?
5.191. Flight engineer to undertake proficiency check
5.192. Flight engineer—recent experience requirements
5.193. Flight engineer licence—aeronautical experience
5.194. How and when may a flight engineer licence flight test be attempted?
5.195. Supervision of flight engineer
5.196. Application of Division
5.197. Issue of special pilot licence to overseas licence holder
5.198. Special pilot licence: issue and refusal
5.199. Licence may be subject to conditions
5.200. Aircraft endorsements
5.201. Offence in relation to application under regulation 5.197
5.202. What does a special pilot licence authorise a person to do?
5.203. Special pilot licence only to be used in private operations
5.204. Special pilot licence may be used without flight review
5.205. Offence if overseas licence not in force
6. Omission of Part and substitution of new Part:
PART 6—MEDICAL
6.01. Interpretation
6.02. Designated aviation medical examiners: appointment
6.03. Designated aviation medical examiners: cancellation of appointment
6.04. Indemnification of medical reporting
6.05. Medical certificate: application
6.06. Medical certificate: issue and refusal
6.07. Notice of decision to refuse medical certificate
6.08. Medical certificate: conditions
6.09. Special medical certificate: application
6.10. Special medical certificate: issue
6.11. Notice of decision to refuse special medical certificate
6.12. Special medical certificate: conditions
6.13. Medical certificate: general conditions
6.14. Medical certificate: period in force
6.15. Medical certificate: extension of period in force
6.16. Medical certificate: changes in medical condition
6.17. Medical certificate: examination of holder may be directed
6.18. Medical certificate: suspension pending examination
6.19. Medical certificate: cancellation if standard not met
6.20. Medical certificate: cancellation and suspension in other cases
6.21. Medical certificate: effect of suspension
7. Omission of heading to Part VII and substitution of new heading:
PART 7—NAVIGATION LOGS
8. Omission of regulation 77 (Personal log books)
9. Regulation 79 (Form of logs)
10. Regulation 80 (Retention of logs)
11. Regulation 82 (Equipment of Australian aircraft with radiocommunication systems)
12. Insertion of new regulation 82a:
82a. Radiotelephones: words and phrases to be used
13. Regulation 83 (Use and operation of radiocommunication systems by Australian aircraft)
14. Insertion of new regulations 83a, 83b, 83c, 83d, 83e and 83f:
83a. Aircraft radiotelephone operator certificate of proficiency: issue
83b. Aircraft radiotelephone operator certificate of proficiency: notice of decision
83c. Aircraft radiotelephone operator certificate of proficiency: conditions
83d. Aircraft radiotelephone operator certificate of proficiency: duration
83e. Aircraft radiotelephone operator certificate of proficiency: qualifications
83f. Aircraft radiotelephone operator certificate of proficiency: conduct of examination and test
15. Regulation 84 (Use and operation of radiocommunication systems by foreign aircraft)
16. Regulation 104 (Qualifications for grant of air traffic controller licence)
17. Omission of regulation 107 (Re-examination etc. of holders of licences and ratings)
18. Regulation 114 (Qualifications for grant of flight service officer licence)
19. Omission of regulation 117 (Re-examination etc. of holders of licences and ratings: flight service officer)
20. Regulation 134 (Permission for certain flights)
21. Regulation 141 (Flying training areas)
22. Omission of regulation 154 (Flight instruction to student for solo flying)
23. Regulation 206 (Commercial purposes—subsection 27 (9) of the Act):
24. Regulation 249 (Prohibition of carriage of passengers on certain flights)
25. Regulation 263 (Interpretation)
26. Regulation 264 (Refusal to grant licence or certificate)
27. Regulation 265 (Suspension of licence for purpose of examination)
28. Insertion of new regulation 272a
272a. Effect of cancellation of licence or certificate
29. Regulation 283 (False statements)
30. Regulation 297a (Review of decisions)
31. Regulation 302 (Production of licences)
32. Regulation 303 (Conditions subject to which licences or certificates are granted)
33. Schedule 1 (Medical standards)
34. Schedule 2 (Prescribed offences and prescribed penalties)
PART 2—TRANSITIONAL, SAVINGS AND APPLICATION PROVISIONS
35. Interpretation
36. References to old licences
37. References to old ratings
38. References to old medical certificates
Division 2—Transitional, Savings and Application Provisions
39. Flight radiotelephone operator licence
40. Student pilot licence
41. Private pilot licence
42. Commercial pilot licence
43. Senior commercial pilot licence—aeroplanes
44. Senior commercial pilot licence—helicopters
45. Second class airline transport pilot licence—aeroplanes
46. Second class airline transport pilot licence—helicopters
47. First class airline transport pilot licence
48. Flight engineer licence
49. Flight navigator licence
50. Aircraft radiotelephone operator certificate of proficiency
51. Aircraft radiotelegraph operator certificate of proficiency
52. Flight radiotelegraph operator licence
53. Licences—conditions
54. Suspended licences
55. Further examination of licence holder
56. Ratings
57. Suspended ratings
58. Endorsements
59. Permission for student pilot to fly outside Australian territory
60. Permission to test aircraft
61. Authorisation to fly without endorsement
62. Conversion training
63. Commercial pilot —regular public transport operations
64. Commercial pilot—charter operations
65. Night V.F.R. rating—approval
66. Certificate of validation
67. Designated aviation medical examiners
68. Medical examinations
69. Medical certificates issued to persons who meet the medical standard
70. Medical certificates issued to persons who do not meet the medical standard
71. Suspended medical certificates
72. Medical certificate—conditions
73. Medical certificate—period in force
74. Medical certificate—authorisation to disclose information
75. Applications for the issue of licences etc.
76. Civil Aviation Orders
77. Delegations
I, THE GOVERNOR‑GENERAL of the Commonwealth of
Australia, acting with the advice of the Federal Executive Council, make the
following Regulations under the
Dated 1 September 1992.
BILL HAYDEN
Governor‑General
By His Excellency’s Command,
PETER COOK
Minister of State for Shipping
and Aviation Support
______________
1.1 These Regulations commence on 1 December 1992.
2.1 The Civil Aviation Regulations are amended as set out in these Regulations.
3.1 Subregulation 2 (1)
(definition of
Omit the definition, substitute:
“
(a) in the case of a heavier‑than‑air aircraft—the total time from the moment at which the aircraft first moves under its own power for the purpose of taking‑off until the moment at which it comes to rest after landing; and
(b) in the case of a lighter‑than‑air aircraft—the total time from the moment at which the aircraft first becomes airborne until it comes to rest on the ground, excluding any time during which the aircraft is moored.”.
3.2 Subregulation 2 (1)
(definition of
Omit the definition, substitute:
“
(a) is on board an aircraft with the consent of the operator of the aircraft; and
(b) has duties in relation to the flying or safety of the aircraft;”.
[NOTE: This definition includes persons:
(a) who are conducting flight tests; or
(b) who are conducting surveillance to ensure that the flight is conducted in accordance with these Regulations; or
(c) who are in the aircraft for the purpose of:
(i) receiving flying training; or
(ii) practising for the issue of a flight crew licence.]
3.3 Subregulation 2 (1)
(definition of
Omit the definition.
3.4 Subregulation 2 (1):
Insert the following definitions:
“
(a) determined in accordance with the document known as the Rules and Practices for Aerodromes that is published by the Authority; or
(b) specified by a flying school in its operations manual;
(a) a private pilot (aeroplane) licence; or
(b) a commercial pilot (aeroplane) licence; or
(c) an air transport pilot (aeroplane) licence;
(a) a flight instructor (aeroplane) rating; or
(b) an aeroplane grade of night V.F.R. rating; or
(c) a command (multi‑engine aeroplane) grade of instrument rating; or
(d) a command (single engine aeroplane) grade of instrument rating; or
(e) a co‑pilot (aeroplane) grade of instrument rating; or
(f) an aeroplane grade of agricultural rating; or
(g) an aeroplane grade of night V.F.R. agricultural rating;
(a) that tests the aeronautical skills and aeronautical knowledge relevant to aeroplane flight of the person undertaking the check; and
(b) that is required by:
(i) subregulation 217 (2); or
(ii) if the person flies aeroplanes for an operator who is based in a Contracting State—by the operator or the responsible authority of the State;
(a) the requirements of the Act, these Regulations and the Civil Aviation Orders; and
(b) the information and instructions published in AIP or NOTAMS;
set and conducted by the Authority under subregulation 5.41 (3);
(a) that tests the aeronautical skills and aeronautical knowledge relevant to airship flight of the person undertaking the check; and
(b) that is required by:
(i) subregulation 217 (2); or
(ii) if the person flies airships for an operator who is based in a Contracting State—by the operator or the responsible authority of the State;
(a) an air transport pilot (aeroplane) licence; or
(b) an air transport pilot (helicopter) licence;
(a) a person who holds:
(i) a commercial pilot licence or an air transport pilot licence; and
(ii) a flight instructor rating; or
(b) a person:
(i) employed by, or working under an arrangement with, a training and checking organisation established for the purposes of regulation 217; and
(ii) approved by the manager of the organisation to conduct a flight radiotelephone theory examination, a flight practical test, an aircraft radiotelephone certificate examination and an aircraft radiotelephone certificate practical test;
(a) if the provision mentions a particular kind of flight test—a person to whom the Chief Executive Officer has delegated the Authority’s power under regulation 5.19 or subregulation 5.41 (4) to conduct a flight test of that kind; or
(b) in any other case—a person to whom the Chief Executive Officer has delegated the Authority’s power under regulation 5.19 or subregulation 5.41 (4) to conduct a flight test;
(a) in relation to an aircraft that is not an airship—holds a current flight instructor rating that:
(i) is appropriate to the aircraft; and
(ii) authorises the holder to give the training concerned; and
(b) in relation to an airship—is an airship instructor; and
(c) either:
(i) is the holder of an Air Operator’s Certificate that authorises flying training; or
(ii) is employed to instruct by, or instructs under an arrangement with, a person who is the holder of an Air Operator’s Certificate that authorises flying training;
(a) that tests the aeronautical skills and aeronautical knowledge relevant to balloon flight of the person undertaking the check; and
(b) that is required by subregulation 217 (2);
(a) a flying operations inspector (however called); or
(b) a senior flying operations inspector (however called);
(a) who holds a current flight instructor rating; and
(b) who is appointed by a flying school to supervise the flying training given by the school; and
(c) whose appointment is approved by the Authority under regulation 5.58;
(a) a commercial pilot (aeroplane) licence; or
(b) a commercial pilot (helicopter) licence; or
(c) a commercial pilot (gyroplane) licence; or
(d) a commercial pilot (balloon) licence; or
(e) a commercial pilot (airship) licence;
‘flight crew licence’ means a licence issued under subregulation 5.09 (1);
(a) under regulation 5.19; or
(b) under subregulation 5.41 (4);
(a) specified in a flying school’s operations manual as the flying training area for the aerodrome; and
(b) designated by the Authority under subregulation 141 (1) as a flying training area;
‘general flight time’ means flight time that is not:
(a) cross‑country flight time; or
(b) flight time in flying for the purpose of training in an activity for which a flight crew rating is required;
[NOTE: The activities for which a flight crew rating is required are set out in subregulation 5.01 (2).]
(a) that is supported in flight by the reaction of the air on rotors that are not power‑driven but rotate when the aircraft is moving because of the action of the air; and
(b) that has a power‑driven propulsion system that is independent of the rotors;
(a) a private pilot (gyroplane) licence; or
a commercial pilot (gyroplane) licence;
(a) a flight instructor (gyroplane) rating; or
(b) a gyroplane grade of night V.F.R. rating;
(a) that tests the aeronautical skills and aeronautical knowledge relevant to gyroplane flight of the person undertaking the check; and
(b) that is required by:
(i) subregulation 217 (2); or
(ii) if the person flies gyroplanes for an operator who is based in a Contracting State—by the operator or the responsible authority of the State;
(a) a private pilot (helicopter) licence; or
(b) a commercial pilot (helicopter) licence; or
(c) an air transport pilot (helicopter) licence;
(a) a flight instructor (helicopter) rating; or
(b) a helicopter grade of night V.F.R. rating; or
(c) a command (multi‑engine helicopter) grade of instrument rating; or
(d) a command (single engine helicopter) grade of instrument rating; or
(e) a co‑pilot (helicopter) grade of instrument rating; or
(f) a helicopter grade of agricultural rating; or
(g) a helicopter grade of night V.F.R. agricultural rating;
(a) that tests the aeronautical skills and aeronautical knowledge relevant to helicopter flight of the person undertaking the check; and
(b) that is required by:
(i) subregulation 217 (2); or
(ii) if the person flies helicopters for an operator who is based in a Contracting State—by the operator or the responsible authority of the State;
(a) the International Telecommunications Convention signed at Buenos Aires on 22 December 1952; and
(b) the Radio Regulations annexed to that Convention;
(a) is tethered; and
(b) is not occupied by any person;
(a) that authorises the holder of the licence to act as an engineer member of the operating crew of an aircraft; and
(b) that was issued by the responsible authority of a Contracting State;
(a) that authorises the holder of the licence to act as a pilot member of the operating crew of an aircraft; and
(b) that was issued by the responsible authority of a Contracting State;
(a) private pilot (aeroplane) licence;
(b) private pilot (helicopter) licence;
(c) private pilot (gyroplane) licence;
(d) commercial pilot (aeroplane) licence;
(e) commercial pilot (helicopter) licence;
(f) commercial pilot (gyroplane) licence;
(g) commercial pilot (balloon) licence;
(h) commercial pilot (airship) licence;
(i) air transport pilot (aeroplane) licence;
(j) air transport pilot (helicopter) licence;
(a) a private pilot (aeroplane) licence; or
(b) a private pilot (helicopter) licence; or
(c) a private pilot (gyroplane) licence;
(a) the words and phrases that the Authority has directed under regulation 82a must be used in communicating by radiotelephone; and
(b) the voice techniques commonly applied to radiotelephonic communication;
with, or in relation to, an aircraft;
(a) that is on the register of aircraft kept by a Contracting State; or
(b) that is operated by the Defence Force of Australia or of a Contracting State;
‘recognised flight time’ means flight time that is:(a) in the case of flight time in a registered, powered aeroplane, or a recognised aeroplane—flown by the holder of:
(i) an aeroplane pilot licence; or
(ii) a student pilot licence; or
(iii) an overseas pilot licence that authorises the holder to fly aeroplanes;
as pilot in command or in dual flying; or
(b) in the case of flight time in a helicopter—flown by the holder of:
(i) a helicopter pilot licence; or
(ii) a student pilot licence; or
(iii) an overseas pilot licence that authorises the holder to fly helicopters;
as pilot in command or in dual flying; or
(c) in the case of flight time in a gyroplane—flown by the holder of:
(i) a gyroplane pilot licence; or
(ii) a student pilot licence; and
(iii) an overseas pilot licence that authorises the holder to fly gyroplanes;
as pilot in command or in dual flying; or
(d) in the case of flight time in a glider, or power assisted glider:
(i) flown by the holder of an FAI Silver C Certificate, or a higher certificate, issued by the Gliding Federation of Australia; and
(ii) recorded in the holder’s log book and certified by a member of the Gliding Federation of Australia who is authorised by the Federation to certify flight time; or
(e) in the case of flight time in a group A ultralight:
(i) flown by the holder of a pilot certificate, either before or after the certificate was issued to the holder, being a pilot certificate, other than a student certificate, issued by the Australian Ultralight Federation Ltd; and
(ii) recorded in the holder’s log book and certified by a member of the Australian Ultralight Federation Ltd who is authorised by the Federation to certify flight time;
(a) the responsible authority of a Contracting State; or
(b) the Defence Force of Australia, or of a Contracting State; or
(c) a sport aviation body;
(a) the Australian Ultralight Federation Ltd; or
(b) the Australian Ballooning Federation Ltd; or
(c) the Gliding Federation of Australia; or
(d) the Hang‑gliding Federation of Australia; or
(e) the Australian Parachute Federation; or
(f) a body established in a Contracting State to administer sport aviation in that State;
(a) a traffic pattern; or
(b) the area within 10 miles from the aerodrome reference point of the aerodrome from which the flight commenced; or
(c) a flying training area associated with the aerodrome from which the flight commenced; or
(d) the most direct route between the aerodrome from which the flight commenced and a flying training area associated with the aerodrome;
3.5 Subparagraph 2 (7) (d) (iii):
Before “occupied”, insert “owned and”.
4.1 Add at the end:
A delegation may be made subject to conditions that are necessary in the interests of the safety of air navigation.”.
5.1 Omit the Part, substitute:
“
(1) In this Part, unless the contrary intention appears:
(a) a type endorsement; or
(b) a class endorsement; or
(c) a special design feature endorsement;
(a) aeroplanes included in a particular class in a direction under subregulation 5.22 (2); or
(b) balloons included in a particular class under regulation 5.148;
mechanical, electrical and electronic systems; and
control functions; and
normal environment for flight crew members; and
performance (including ground and flight characteristics);
(a) constant speed propeller;
(b) tailwheel undercarriage;
(c) retractable undercarriage;
(d) ski landing gear;
(e) float alighting gear;
(f) floating hull;
(g) pressurisation system;
For the purposes of this Part, a flight crew rating is required for the following activities:
flying in agricultural operations;
giving flying training;
flying under the I.F.R;
flying at night under the V.F.R.
For the purposes of this Part, a person flies an aircraft as pilot acting in command under supervision if, during flight time in the aircraft, the person performs the duties and functions of the pilot in command while under the supervision of the pilot in command approved for the purpose by the operator of the aircraft.
For the purposes of this Part, the categories of aircraft are as follows:
(a) aeroplanes;
(b) helicopters;
(c) gyroplanes;
(d) airships.
[NOTES:
1. The following terms used in this Division are defined in regulation 2:
air transport (aeroplane) pilot
air transport (helicopter) pilot
air transport pilot licence
airship instructor
approved check radio operator
approved testing officer
authorised flight instructor
certificate of validation
chief flying instructor
commercial (aeroplane) pilot
commercial (helicopter) pilot
commercial pilot licence
flight crew licence
flight crew rating
flight test
flight time
flying school
flying training
medical certificate
operator
overseas pilot licence
personal log book
pilot licence
private pilot licence
responsible authority
responsible organisation
special pilot licence
synthetic flight trainer.
2. The following terms used in this Division are defined in subregulation 5.01 (1):
aeroplane conversion training
aircraft endorsement
helicopter conversion training
special design feature
student record
type.
3. The term
‘pilot acting in command under supervision’ is defined in subregulation 5.01 (3).]
This Division:
(a) sets out the general requirements that apply to flight crew licences; and
(b) empowers the Authority to make Civil Aviation Orders about the requirements that apply to flight crew ratings and aircraft endorsements.
[NOTES:
1. Other requirements for each kind of flight crew licence are set out:
(a) in the case of a flight radiotelephone operator licence—in Division 3;
(b) in the case of a student pilot licence—in Division 4;
(c) in the case of a private pilot (aeroplane) licence—in Division 5;
(d) in the case of a private pilot (helicopter) licence—in Division 6;
(e) in the case of a private pilot (gyroplane) licence—in Division 7;
(f) in the case of a commercial pilot (aeroplane) licence—in Division 8;
(g) in the case of a commercial pilot (helicopter) licence—in Division 9;
(h) in the case of a commercial pilot (gyroplane) licence—in Division 10;
(i) in the case of a commercial pilot (balloon) licence—in Division 11;
(j) in the case of a commercial pilot (airship) licence—in Division 12;
(k) in the case of an air transport pilot (aeroplane) licence—in Division 13;
(m) in the case of an air transport pilot (helicopter) licence—in Division 14;
(n) in the case of a student flight engineer licence—in Division 15;
(p) in the case of a flight engineer licence—in Division 16.
2. Under Division 17, a pilot licence (other than a commercial pilot (balloon) licence) may be issued to a person who holds an overseas pilot licence but does not satisfy the qualification requirements for the licence that are set out in the Division dealing with that licence.
3. See subsection 20ab (1) of the
Civil Aviation Act 1988 for offences relating to flying and performing other duties that are essential to the operation of an aircraft during flight time without a licence, certificate, rating or endorsement.4. Other requirements of these Regulations may affect the activities that may be carried out by flight crew licence holders.
5. Regulation 308 empowers the Authority to exempt particular aircraft or aircraft of a specified type or category from compliance with specified provisions of these Regulations. Exemptions are set out in Part 95 of the Civil Aviation Orders and include exemptions from the provisions of Part 5 for some categories of aircraft if specified conditions are satisfied. These categories include balloons and hot air airships in private operations, certain ultralight aeroplanes and certain gyroplanes.]
A person may perform a duty essential to the operation of an Australian aircraft during flight time without holding a flight crew licence, a special pilot licence or a certificate of validation if:
the person:
(i) is accompanied by an authorised flight instructor; and
(ii) is receiving flying training; or
(b) the person is attempting a flight test for the purpose of qualifying for a flight crew licence; or
(c) the person is being assessed by a chief flying instructor for the purpose of enabling the instructor to make a determination under subregulation 5.83 (2).
[NOTE: A determination under subregulation 5.83 (2) in relation to a person affects the training that the person must complete to be qualified for a private pilot (aeroplane) licence.]
(1) Except with the permission of the Authority, the holder of a flight crew licence must not perform a duty authorised by the licence unless the person holds a current medical certificate that is appropriate to the licence.
Penalty: $5,000.
The Authority may, on the written or oral application of the holder of a flight crew licence, permit the holder to perform a duty essential to the operation of an Australian aircraft during flight time without holding a current appropriate medical certificate if:
(a) in all the circumstances it is reasonable to allow the holder to perform the duty without holding the certificate; and
(b) the performance of the duty by the holder without holding the certificate will not adversely affect the safety of air navigation.
For the purposes of this regulation, a medical certificate is appropriate to a flight crew licence if:
(a) in the case of an air transport pilot licence, a commercial pilot licence (other than a commercial pilot (balloon) licence), a flight engineer licence or a student flight engineer licence—the medical certificate is a class 1 medical certificate; and
(b) in the case of a commercial pilot (balloon) licence, a private pilot licence, a student pilot licence or a flight radiotelephone licence—the medical certificate is a class 1 or class 2 medical certificate.
[NOTES:
1. Class 1 and class 2 medical certificates are issued under Part 6.
2. The medical standards for obtaining each class of medical certificate are set out in Schedule 1.]
(1) If:
(a) a person holds a certificate of validation for an overseas authorisation; and
(b) the person is required to hold an overseas medical certificate for the authorisation to exercise the authority given by the authorisation in the country in which the authorisation was issued;
the person must not perform a duty authorised by the certificate of validation unless the person holds an overseas medical certificate for the authorisation that:
(c) is valid; and
(d) is current; and
(e) is not suspended or cancelled.
Penalty: $5,000.
In this regulation:
(1) The holder of a special pilot licence must not perform a duty authorised by the licence unless the person holds a class 1 or class 2 medical certificate, or an overseas medical certificate, that:
(a) is valid; and
(b) is current; and
(c) is not suspended or cancelled.
Penalty: $5,000.
[NOTES:
1. Class 1 and class 2 medical certificates are issued under Part 6.
2. The medical standards for obtaining each class of medical certificate are set out in Schedule 1.]
In this regulation:
(a) issued by the responsible authority of the Contracting State that issued the overseas pilot licence used by the holder of a special pilot licence to qualify for that licence; and
(b) that indicates that the holder of the certificate meets the medical standard set by the responsible authority of the State.
(1) A person who does not hold a flight crew licence, a special pilot licence or a certificate of validation must not:
(a) attempt a flight test for the purpose of qualifying for a flight crew licence; or
(b) undertake an assessment with a chief flying instructor for the purpose of enabling the instructor to make a determination under subregulation 5.83 (2);
unless the person holds a class 1 or a class 2 medical certificate.
[NOTE: A determination under subregulation 5.83 (2) in relation to a person affects the training that the person must complete to be qualified for a private pilot (aeroplane) licence.]
An approved testing officer must not conduct a flight test for the issue of a flight crew licence unless the person attempting the test holds a current class 1 or class 2 medical certificate.
A chief flying instructor must not conduct an assessment of a person for the purpose of making a determination under subregulation 5.83 (2) unless the person holds a current class 1 or class 2 medical certificate.
Penalty: $5,000.
Subject to Division 17, a person may apply to the Authority, in writing, for the issue of 1 or more of the following licences:
(a) a flight radiotelephone operator licence;
(b) a student pilot licence;
(c) a private pilot (aeroplane) licence;
(d) a private pilot (helicopter) licence;
(e) a private pilot (gyroplane) licence;
(f) a commercial pilot (aeroplane) licence;
(g) a commercial pilot (helicopter) licence;
(h) a commercial pilot (gyroplane) licence;
(i) a commercial pilot (balloon) licence;
(j) a commercial pilot (airship) licence;
(k) an air transport pilot (aeroplane) licence;
(m) an air transport pilot (helicopter) licence;
(n) a student flight engineer licence;
(o) a flight engineer licence.
[NOTE: Division
17 empowers the Authority to issue a pilot licence (called a
(1) Subject to subregulation (2), the Authority must issue a flight crew licence to an applicant if, and only if, the applicant:
(a) possesses a knowledge of the English language that is sufficient to enable him or her to exercise safely the authority given by the licence; and
(b) is qualified to hold the licence; and
(c) is a fit and proper person to hold the licence; and
(d) has paid any charge under section 66 of the Act in relation to the application and any penalty payable under that section in relation to that charge.
The Authority must not issue a licence to a person if the person:
(a) has knowingly or recklessly made a false or misleading statement in relation to the person’s application for a licence; or
(b) does not satisfy the requirements of subregulation (1).
[NOTES:
1. Requirements to qualify for a flight crew licence are set out in the Division dealing with that licence.
2. A decision by the Authority not to issue a flight crew licence is reviewable by the Administrative Appeals Tribunal under section 31 of the
Civil Aviation Act 1988 .3. Charges in relation to the issue of licences are determined by the Board under section 66 of the
Civil Aviation Act 1988 .4. If a Court has made an order under section 30a of the
Civil Aviation Act 1988 in relation to a person who holds a flight crew licence, a special pilot licence or a certificate of validation and the order affects the authority given by the licence or certificate and the order is in force, the Authority is not entitled to issue a flight crew licence to the person.]
In deciding whether an applicant for a licence is a fit and proper person to hold the licence, the Authority must only take into account:
(a) any action taken by the Authority, or a responsible organisation, in relation to any authority to perform duties essential to the operation of an aircraft during flight time that was given to the applicant by the Authority, or the organisation; and
(b) any other matter that relates to the safety of air navigation.
An applicant for a licence must disclose to the Authority information of which the applicant is aware and that is relevant to a matter that the Authority must take into account under subregulation (3).
Penalty: $2,500.
If a cheque is offered to the Authority as payment of all or part of a charge or penalty payable under section 66 of the Act, payment is taken not to have been made unless the cheque is honoured upon presentation.
(1) The Authority must, in writing, notify an applicant for a flight crew licence of the Authority’s decision in relation to the application.
If the Authority decides not to issue the licence, the Authority must include in the notice a statement of the reasons for that decision.
(1) The Authority may issue a flight crew licence subject to any condition that is necessary in the interests of the safety of air navigation.
A condition must be set out:
in the notice under subregulation 5.10 (1); or
on the licence; or
in Civil Aviation Orders under regulation 303.
A person must not contravene a condition subject to which his or her licence is issued.
Penalty: $5,000.
“(4) Nothing in this Part limits the effect of a condition to which a licence is subject under subregulation (1).
A flight crew licence remains in force until it is suspended or cancelled.
[NOTES:
1. A licence may be cancelled or suspended under Part xiv.
2. If a Court makes an order under section 30a of the
Civil Aviation Act 1988 in relation to the holder of a flight crew licence and the order affects the authority given by the licence and the order is in force, the licence is of no effect.]
The holder of a flight crew licence, a special pilot licence or a certificate of validation may apply to the Authority for the issue of 1 or more of the following flight crew ratings:
(a) an agricultural pilot (aeroplane) rating of one of the following grades:
(i) grade 1;
(ii) grade 2;
(b) an agricultural pilot (helicopter) rating of one of the following grades:
(i) grade 1;
(ii) grade 2;
(c) a flight instructor (aeroplane) rating of one of the following grades:
(i) grade 1;
(ii) grade 2;
(iii) grade 3;
(d) a flight instructor (helicopter) rating of one of the following grades:
(i) grade 1;
(ii) grade 2;
(e) a flight instructor (gyroplane) rating of one of the following grades:
(i) grade 1;
(ii) grade 2;
(f) a flight instructor (balloon) rating;
(g) an instrument rating of one of the following grades:
(i) command (multi-engine aeroplane);
(ii) command (single engine aeroplane);
(iii) co‑pilot (aeroplane);
(iv) command (multi-engine helicopter);
(v) command (single engine helicopter);
(vi) co‑pilot (helicopter);
(h) a night V.F.R. rating of one of the following grades:
(i) aeroplane;
(ii) helicopter;
(iii) gyroplane;
(iv) balloon;
(v) airship;
(i) a night V.F.R. agricultural rating of one of the following grades:
(i) aeroplane;
(ii) helicopter.
(1) The Authority may give directions in Civil Aviation Orders setting out:
(a) the flight tests that must be passed; and
(b) any other requirement that must be satisfied;
for the issue or renewal of each flight crew rating, or grade of flight crew rating.
Subject to subregulation (3), the Authority must issue a flight crew rating, or grade of flight crew rating, to a qualified person, or renew the person’s rating, or grade of rating, by entering the rating, or grade of rating, in the person’s personal log book if, and only if, the holder:
(a) has passed the necessary flight tests; and
(b) satisfies the other requirements for the issue, or renewal, of the rating, or grade of rating; and
(c) has paid any charge under section 66 of the Act in relation to the application for the rating, or grade of rating, and any penalty payable under that section in relation to that charge.
[NOTES:
1. A decision by the Authority not to issue, or renew, a flight crew rating is reviewable by the Administrative Appeals Tribunal under regulation 297a.
2. If a Court has made an order under section 30a of the
Civil Aviation Act 1988 in relation to a person who holds a flight crew licence, a special pilot licence or a certificate of validation and the order affects the authority given by the licence or certificate and the order is in force, the Authority is not entitled to issue a flight crew licence to the person.]
The Authority must not issue a flight crew rating, or grade of flight crew rating, to a person, or renew the person’s rating, or grade of rating, if the person:
(a) has knowingly or recklessly made a false or misleading statement in relation to the person’s application for a rating, or grade of rating; or
(b) does not satisfy the requirements of subregulation (2).
If a cheque is offered to the Authority as payment of all or part of a charge or penalty payable under section 66 of the Act, payment is taken not to have been made unless the cheque is honoured upon presentation.
In this regulation:
(1) The Authority must, in writing, notify an applicant for a flight crew rating, or grade of flight crew rating, of the Authority’s decision in relation to the application.
If the Authority decides not to issue, or renew, the rating, or grade of rating, the Authority must include in the notice a statement of the reasons for that decision.
(1) The Authority may issue, or renew, a flight crew rating, or grade of flight crew rating, subject to any condition that is necessary in the interests of the safety of air navigation.
A condition must be set out:
(a) in the notice under subregulation 5.15 (1); or
(b) in the personal log book of the person who holds the rating, or grade of rating; or
(c) in Civil Aviation Orders under regulation 303.
A person must not contravene a condition subject to which his or her rating, or grade of rating, is issued or renewed.
Penalty: $5,000.
Nothing in this Part limits the effect of a condition to which a rating is subject under subregulation (1).
(1) A flight crew rating, or grade of flight crew rating, remains in force from the day on which it is issued, or renewed, until:
(a) the end of the period set out in the Civil Aviation Orders as the period for which a rating, or grade of rating, of the kind concerned remains in force; or
(b) the end of the period set out by the Authority in a person’s personal log book as the period for which the rating, or grade of rating, remains in force; or
(c) it is suspended or cancelled;
whichever occurs first.
[NOTES:
1. A flight crew rating may be suspended or cancelled under Part xiv.
2. If a Court makes an order under section 30a of the
Civil Aviation Act 1988 in relation to the holder of a flight crew rating and the order affects the authority given by the rating and the order is in force, the rating is of no effect.]
If a flight crew rating, or grade of flight crew rating, is entered by the Authority in a personal log book, the Authority may set out in the log book the period for which the rating, or grade of rating, remains in force.
The Authority may give directions in Civil Aviation Orders setting out the period for which a flight crew rating, or grade of flight crew rating, remains in force.
“5.18. The Authority may give directions in Civil Aviation Orders setting out:
(a) the authority given by a flight crew rating, or grade of flight crew rating; and
(b) the limitations on that authority; and
(c) the flight tests that must be passed, or any other requirement that must be satisfied, before that authority may be exercised.
The Authority may conduct the flight tests in relation to a flight crew rating, or grade of flight crew rating, that are required by the Civil Aviation Orders.
(1) The Authority may approve a person who holds a pilot licence to give flying training for the issue of a flight crew rating, or a grade of flight crew rating.
The Authority may give an approval subject to any condition that is necessary in the interests of the safety of air navigation.
The Authority must:
(a) set out the condition in the approval; or
(b) give it as a direction in Civil Aviation Orders.
A person must not contravene a condition to which his or her approval is subject.
Penalty: $5,000.
The Authority may, in writing, revoke a person’s approval if:
(a) the person’s pilot licence is suspended or cancelled; or
(b) a Court makes an order in relation to the person under section 30a of the Act that affects the authority given by the person’s pilot licence; or
(c) there are reasonable grounds for believing that the person has contravened a condition to which his or her approval is subject; or
(d) it is necessary to do so in the interests of the safety of air navigation.
[NOTE: A decision to revoke an approval is reviewable by the Administrative Appeals Tribunal under regulation 297a.]
If the Authority revokes a person’s approval, it must give the person written notice of the revocation setting out the grounds for the revocation.
(1) The Authority may approve:
(a) a person who holds a commercial pilot (aeroplane) licence or an air transport pilot (aeroplane) licence to give aeroplane conversion training to commercial (aeroplane) pilots and air transport (aeroplane) pilots; or
(b) a person who holds a commercial pilot (helicopter) licence or an air transport pilot (helicopter) licence to give helicopter conversion training to commercial (helicopter) pilots and air transport (helicopter) pilots.
The Authority may give an approval subject to any condition that is necessary in the interests of the safety of air navigation.
The Authority must set out the condition in the approval.
A person must not contravene a condition to which his or her approval is subject.
Penalty: $5,000.
The Authority may, in writing, revoke a person’s approval if:
(a) the person’s pilot licence is suspended or cancelled; or
(b) a Court makes an order in relation to the person under section 30a of the Act that affects the authority given by the person’s pilot licence; or
(c) there are reasonable grounds for believing that the person has contravened a condition to which his or her approval is subject; or
(d) it is necessary to do so in the interests of the safety of air navigation.
[NOTE: A decision to revoke an approval is reviewable by the Administrative Appeals Tribunal under regulation 297a.]
If the Authority revokes a person’s approval, it must give the person written notice of the revocation setting out the grounds for the revocation.
(1) The Authority may give directions in Civil Aviation Orders prescribing the aircraft endorsements that must be held by the holder of a flight crew licence, a special pilot licence or a certificate of validation before the holder is permitted to carry out the duties authorised by the licence or certificate in a particular type or class of aircraft, or in an aircraft that has a special design feature.
The Authority may give directions in Civil Aviation Orders classifying types of aeroplanes into classes for the purposes of this Part.
(1) The Authority may give directions in Civil Aviation Orders setting out requirements for the issue of aircraft endorsements.
Subject to subregulation (3), the Authority must issue an aircraft endorsement to the holder of a flight crew licence, a special pilot licence or a certificate of validation by entering the endorsement in the holder’s personal log book if, and only if, the holder:
(a) satisfies the requirements for the issue of the endorsement; and
(b) has paid any charge under section 66 of the Act in relation to the application and any penalty payable under that section in relation to that charge.
[NOTES:
1. A decision by the Authority not to issue an aircraft endorsement is reviewable by the Administrative Appeals Tribunal under regulation 297a.
2. If a Court has made an order under section 30a of the
Civil Aviation Act 1988 in relation to a person who holds a flight crew licence, a special pilot licence or a certificate of validation and the order affects the authority given by the licence or certificate and the order is in force, the Authority is not entitled to issue a flight crew licence to the person.]
The Authority must not issue an aircraft endorsement to a person if the person:
(a) has knowingly or recklessly made a false or misleading statement in relation to the person’s application for an endorsement; or
(b) does not satisfy the requirements of subregulation (2).
If a cheque is offered to the Authority as payment of all or part of a charge or penalty payable under section 66 of the Act, payment is taken not to have been made unless the cheque is honoured upon presentation.
(1) The Authority must, in writing, notify an applicant for an aircraft endorsement of its decision in relation to the application.
If the Authority decides not to issue the endorsement, the Authority must include in the notice a statement of the reasons for that decision.
(1) The Authority may issue an aircraft endorsement subject to any condition it thinks necessary in the interests of the safety of air navigation.
A condition must be set out:
(a) in the notice under subregulation 5.24 (1); or
(b) in the personal log book of the person who holds the endorsement; or
(c) in Civil Aviation Orders under regulation 303.
A person must not contravene a condition subject to which an endorsement is issued.
Penalty: $5,000.
“(4) Nothing in this Part limits the effect of a condition to which an endorsement is subject under subregulation (1).
An aircraft endorsement issued under subregulation 5.23 (2) remains in force until it is suspended or cancelled.
[NOTES:
1. An aircraft endorsement may be suspended or cancelled under Part xiv.
2. If a Court makes an order under section 30a of the
Civil Aviation Act 1988 in relation to the holder of an aircraft endorsement and the order affects the authority given by the endorsement and the order is in force, the endorsement is of no effect.]
(1) A person may apply to the Authority, in writing, for the issue of a certificate of validation for an overseas authorisation held by the person if:
(a) the person’s overseas authorisation:
(i) is valid; and
(ii) is current; and
(iii) is not suspended or cancelled; and
(b) where the person is required to hold an overseas medical certificate for the authorisation to exercise the authority given by the authorisation in the country in which the authorisation was issued—the person holds an overseas medical certificate for the authorisation that:
(i) is valid; and
(ii) is current; and
(iii) is not suspended or cancelled.
Subject to subregulation (3), the Authority may issue a certificate of validation to an applicant for his or her overseas authorisation if, and only if:
(a) the applicant satisfies the requirements of subregulation (1); and
(b) the applicant possesses a knowledge of the English language that is sufficient to enable him or her to safely exercise the authority given by a certificate of validation; and
(c) the applicant is a fit and proper person to hold the certificate; and
(d) the applicant has paid any charge under section 66 of the Act in relation to the application and any penalty payable under that section in relation to that charge.
[NOTES:
1. A decision by the Authority not to issue a certificate of validation is reviewable by the Administrative Appeals Tribunal under section 31 of the
Civil Aviation Act 1988 .]2. If a Court has made an order under section 30a of the
Civil Aviation Act 1988 in relation to a person who holds a flight crew licence, a special pilot licence or a certificate of validation and the order affects the authority given by the licence or certificate and the order is in force, the Authority is not entitled to issue a certificate of validation to the person.]
The Authority must not issue a certificate of validation to an applicant if the applicant:
(a) has knowingly or recklessly made a false or misleading statement in relation to the application; or
(b) does not satisfy the requirements of subregulation (2).
In deciding whether an applicant for a certificate is a fit and proper person to hold the certificate, the Authority must only take into account:
(a) any action taken by the Authority, or a responsible organisation, in relation to any authority to perform duties essential to the operation of an aircraft during flight time that was given to the applicant by the Authority, or the organisation; and
(b) any other matter that relates to the safety of air navigation.
An applicant for a certificate must disclose to the Authority information of which the applicant is aware and that is relevant to a matter that the Authority must take into account in deciding whether the applicant is a fit and proper person to hold the certificate.
Penalty: $2,500.
If a cheque is offered to the Authority as payment of all or part of a charge or penalty payable under section 66 of the Act, payment is taken not to have been made unless the cheque is honoured upon presentation.
“(7) In this regulation:
(a) was issued by the responsible authority of the Contracting State that issued the authorisation; and
(b) indicates that the holder meets the medical standard set by the responsible authority of the State; and
(c) authorises the holder to exercise the authority given by the authorisation in the country in which it was issued.
(1) The Authority must, in writing, notify an applicant for a certificate of validation of its decision in relation to the application.
If the Authority decides not to issue the certificate, the Authority must include in the notice a statement of the reasons for that decision.
(1) The Authority may issue a certificate of validation subject to any condition that is necessary in the interests of the safety of air navigation.
“(2) A condition must be set out:
(a) in the notice under subregulation 5.28 (1); or
(b) on the certificate.
A person must not contravene a condition subject to which his or her certificate is issued.
Penalty: $5,000.
Nothing in this Part limits the effect of a condition to which a certificate is subject under subregulation (1).
(1) If the Authority issues a certificate of validation for an overseas authorisation, the Authority must enter on the certificate:
(a) the name of the country in which the overseas authorisation was issued; and
(b) the name of the overseas authorisation; and
(c) the period of validity of the overseas authorisation; and
(d) the serial number or reference number of the overseas authorisation.
In this regulation:
(1) A certificate of validation for an overseas authorisation has effect as if it were:
(a) a flight crew licence that is the equivalent of the authorisation; or
(b) an aircraft endorsement that is the equivalent of the authorisation; or
(c) if the authorisation would allow the holder to perform duties in an aircraft that is engaged in an activity for which a flight crew rating is required—a flight crew rating, or grade of flight crew rating, that is the equivalent of the authorisation;
as the case requires.
For the purposes of this regulation, an overseas authorisation is the equivalent of a flight crew licence if the authorisation and the licence allow the holder to perform the same duties in aircraft of the same category in the same operations.
For the purposes of this regulation, an overseas authorisation is the equivalent of an aircraft endorsement if the authorisation and the endorsement allow the holder to perform the same duties in the same type of aircraft.
“(4) For the purposes of this regulation, an overseas authorisation is the equivalent of a flight crew rating, or grade of flight crew rating, if the authorisation and the rating, or grade of rating, allow the holder to perform the same duties in the same type of aircraft that is engaged in the same activity.
In this regulation:
(1) A certificate of validation for an overseas authorisation remains in force until:
(a) the end of the period of 3 months commencing on the day on which the certificate was issued; or
(b) the end of the period set out by the Authority on the certificate as the period for which the certificate remains in force; or
(c) the overseas authorisation ceases to be in force; or
(d) if a holder of the overseas authorisation is required to hold an overseas medical certificate for the authorisation to exercise the authority given by the authorisation in the country in which it was issued—the overseas medical certificate for the authorisation ceases to be in force; or
(e) it is suspended or cancelled;
whichever occurs first.
[NOTES:
1. A certificate may be cancelled or suspended under Part xiv.
2. If a Court makes an order under section 30a of the
Civil Aviation Act 1988 in relation to the holder of a certificate of validation and the order affects the authority given by the licence and the order is in force, the licence is of no effect.]
The Authority may set out on a certificate of validation the period for which the certificate remains in force.
“In this regulation:
(1) A person must not knowingly or recklessly make an application for a certificate of validation for an overseas authorisation if, at the time the application is made:
(a) the person’s authorisation:
(i) is not valid; or
(ii) is not current; or
(iii) is suspended or cancelled; or
(b) if the person is required to hold an overseas medical certificate for the authorisation to exercise the authority given by the authorisation in the country in which it was issued—the person does not hold an overseas medical certificate for the authorisation that:
(i) is valid; and
(ii) is current; and
(iii) is not suspended or cancelled.
Penalty: $5,000.
The holder of a certificate of validation for an overseas authorisation must not, knowingly or recklessly, exercise the authority given by the certificate in an Australian aircraft during flight time if:
an old commercial pilot licence;
an old first class airline transport pilot licence;
an old flight engineer licence;
an old flight navigator licence;
an old flight radiotelegraph operator licence;
an old flight radiotelephone operator licence;
an old private pilot licence;
an old senior commercial pilot licence;
an old second class airline transport pilot licence;
an old student pilot licence;
(m) an old aircraft radiotelegraph operator certificate of proficiency;
an old aircraft radiotelephone operator certificate of proficiency;
(a) that was issued by the responsible authority of a Contracting State; and
(b) that authorises the holder of the licence to act as a member of the flight crew of an aircraft;
(a) in relation to:
(i) an old licence mentioned in regulation 43, 44, 45 or 46; or
(ii) an old medical certificate that relates to a licence covered by subparagraph (i); or
(iii) a permit, approval or authorisation given under the old regulations to the holder of a licence covered by subparagraph (i) in connection with the licence;
the day when Part V of the old regulations stops applying to the holder of the licence; or
(b) in any other case—the day when these Regulations commence.
36.1 In this Part, a reference to a particular kind of old licence is a reference to an old licence of that kind that was in force, or was suspended, immediately before the commencement.
37.1 In this Part, a reference to an old grade of rating endorsed on an old licence includes a reference to an old grade of rating that is endorsed in a personal log book.
38.1 In this Part, a reference to an old medical certificate is a reference to an old medical certificate that was in force, or was suspended, immediately before the transition day.
39.1 An old flight radiotelephone operator licence has effect after the commencement as if it were a new flight radiotelephone operator licence.
40.1 An old student pilot licence has effect after the commencement as if it were a new student pilot licence.
41.1 An old private pilot licence that authorised the holder of the licence to fly aeroplanes has effect after the commencement as if it were a new private pilot (aeroplane) licence.
41.2 An old private pilot licence that authorised the holder of the licence to fly helicopters has effect after the commencement as if it were a new private pilot (helicopter) licence.
41.3 An old private pilot licence that authorised the holder of the licence to fly gyroplanes has effect after the commencement as if it were a new private pilot (gyroplane) licence.
42.1 An old commercial pilot licence that authorised the holder of the licence to fly aeroplanes has effect after the commencement as if it were a new commercial pilot (aeroplane) licence.
42.2 An old commercial pilot licence that authorised the holder of the licence to fly helicopters has effect after the commencement as if it were a new commercial pilot (helicopter) licence.
42.3 An old commercial pilot licence that authorised the holder of the licence to fly gyroplanes has effect after the commencement as if it were a new commercial pilot (gyroplane) licence.
42.4 An old commercial pilot licence that authorised the holder of the licence to fly airships has effect after the commencement as if it were a new commercial pilot (airship) licence.
42.5 An old commercial pilot licence that authorised the holder of the licence to fly balloons has effect after the commencement as if it were a new commercial pilot (balloon) licence.
43.1 This regulation applies to a person who holds an old senior commercial pilot licence that authorised the person to fly aeroplanes.
43.2 In spite of its repeal, Part V of the old regulations continues to apply after the commencement to the person in relation to the old senior commercial pilot licence until:
(a) the old senior commercial pilot licence is cancelled; or
(b) a new air transport pilot (aeroplane) licence is issued to the person; or
(c) 1 January 1997;
whichever occurs first.
43.3 Subject to subregulation 43.4, while Part V of the old regulations applies to the person in relation to the old senior commercial pilot licence, Parts 5 and 6 of the new regulations do not apply to the person in relation to the licence.
43.4 While Part V of the old regulations applies to the person in relation to the old senior commercial pilot licence, regulation 5.170 of the new regulations applies to the person in relation to the licence as if the licence were a new air transport pilot (aeroplane) licence.
43.5 If Part V of the old regulations continues to apply to the person until 1 January 1997, the old senior commercial pilot licence has effect on and after that day as if it were a new commercial pilot (aeroplane) licence.
44.1 This regulation applies to a person wh holds an old senior commercial pilot licence that authorised the person to fly helicopters.
44.2 In spite of its repeal, Part V of the old regulations continues to apply after the commencement to the person in relation to the old senior commercial pilot licence until:
(a) the old senior commercial pilot licence is cancelled; or
(b) a new air transport pilot (helicopter) licence is issued to the person; or
(c) 1 January 1997;
whichever occurs first.
44.3 Subject to subregulation 44.4, while Part V of the old regulations applies to the person in relation to the old senior commercial pilot licence, Parts 5 and 6 of the new regulations do not apply to the person in relation to the licence.
44.4 While Part V of the old regulations applies to the person in relation to the old senior commercial pilot licence, regulation 5.179 of the new regulations applies to the person in relation to the licence as if the licence were a new air transport pilot (helicopter) licence.
44.5 If Part V of the old regulations continues to apply to the person until 1 January 1997, the old senior commercial pilot licence has effect on and after that day as if it were a new commercial pilot (helicopter) licence.
45.1 This regulation applies to a person who holds an old second class airline transport pilot licence that authorised the person to fly aeroplanes.
45.2 In spite of its repeal, Part V of the old regulations continues to apply after the commencement to the person in relation to the old second class airline transport pilot licence until:
(a) the old second class airline transport pilot licence is cancelled; or
(b) a new air transport pilot (aeroplane) licence is issued to the person; or
(c) 1 January 1997;
whichever occurs first.
45.3 While Part V of the old regulations applies to the person in relation to the old second class airline transport pilot licence, Parts 5 and 6 of the new regulations do not apply to the person in relation to the licence.
45.4 If Part V of the old regulations continues to apply to the person until 1 January 1997, the old second class airline transport pilot licence has effect on and after that day as if it were a new commercial pilot (aeroplane) licence.
46.1 This regulation applies to a person who holds an old second class airline transport pilot licence that authorised the person to fly helicopters.
46.2 In spite of its repeal, Part V of the old regulations continues to apply after the commencement to the person in relation to the old second class airline transport pilot licence until:
(a) the old second class airline transport pilot licence is cancelled; or
(b) a new air transport pilot (helicopter) licence is issued to the person; or
(c) 1 January 1997;
whichever occurs first.
46.3 While Part V of the old regulations applies to the person in relation to the old second class airline transport pilot licence, Parts 5 and 6 of the new regulations do not apply to the person in relation to the licence.
46.4 If Part V of the old regulations continues to apply to the person until 1 January 1997, the old second class airline transport pilot licence has effect on and after that day as if it were a new commercial pilot (helicopter) licence.
47.1 An old first class airline transport pilot licence that authorised the holder of the licence to fly aeroplanes has effect after the commencement as if it were a new air transport pilot (aeroplane) licence.
47.2 An old first class airline transport pilot licence that authorised the holder of the licence to fly helicopters has effect after the commencement as if it were a new air transport pilot (helicopter) licence.
48.1 An old flight engineer licence that authorised the holder of the licence to perform the duties of a flight engineer only under supervision has effect after the commencement as if it were a new student flight engineer licence.
48.2 An old flight engineer licence that authorised the holder of the licence to perform the duties of a flight engineer without supervision has effect after the commencement as if it were a new flight engineer licence.
49.1 In spite of its repeal, Part V of the old regulations continues to apply after the commencement to the holder of an old flight navigator licence in relation to the licence.
50. Aircraft radiotelephone operator certificate of proficiency
50.1 An old aircraft radiotelephone operator certificate of proficiency has effect after the commencement as if it were a new aircraft radiotelephone operator certificate of proficiency.
51.1 In spite of its repeal, Part V of the old regulations continues to apply after the commencement to the holder of an old aircraft radiotelegraph operator certificate of proficiency in relation to the certificate.
52.1 In spite of its repeal, Part V of the old regulations continues to apply after the commencement to the holder of an old flight radiotelegraph operator licence in relation to the licence in relation to the licence.
53.1 An old licence not mentioned in regulation 43, 44, 45 or 46 that has effect after the commencement as if it were a new licence remains subject to the conditions (if any) to which it was subject immediately before the commencement.
54.1 Subject to subregulation 54.2, if an old licence that has effect as if it were a new licence on and after the transition day was suspended immediately before that day, the suspension continues on and after that day in relation to the new licence on the same conditions, and for the same period, as it applied to the old licence.
54.2 If an old licence that has effect as if it were a new licence on and after the transition day was suspended immediately before that day because the Authority required the holder of the licence:
(a) to have a medical examination under paragraph 72 (1) (a) of the old regulations; or
(b) to authorise the disclosure or information under paragraph 72 (1) (c) of those regulations;
the suspension stops being in force on that day.
54.3 If a person holds:
(a) a licence to which subregulation 54.2 applies; and
(b) a translated medical certificate;
on and after the transition day the person’s translated medical certificate is taken to have been suspended under regulation 6.18 of the new regulations on the same conditions, and for the same period, as the licence was suspended.
55.1 If:
(a) the Authority required the holder of an old licence that was in force immediately before the transition day to undergo an examination, other than a medical examination, under subregulation 72 (1) of the old regulations; and
(b) immediately before the transition day, the holder had not undergone the examination;
the requirement has effect on and after that day as if it were a requirement under subregulation 5.38 (1) of the new regulations.
55.2 If:
(a) the Authority required the holder of an old medical certificate to undergo a medical examination, or authorise disclosure of information, under subregulation 72 (1) of the old regulations; and
(b) the holder had not complied with the requirement before the transition day;
the requirement has effect on and after that day as if it were a requirement under regulation 6.15 of the new regulations.
56.1 If, immediately before the transition day:
(a) a person held an old licence on which an old grade of rating specified in column 2 of an item in Schedule 1 was endorsed; and
(b) the old grade of rating was in force, or was suspended;
the person is taken on and after that day to hold the new rating or new grade of rating specified in column 3 of that item and the new regulations apply to him or her accordingly.
57.1 If:
(a) a person holds an old licence on which an old grade of rating was endorsed; and
(b) immediately before the transition day, the old grade of rating was suspended; and
(c) on and after the transition day the person is taken to hold a new rating or new grade of rating;
the suspension continues on and after that day in relation to the new rating or new grade of rating on the same conditions, and for the same period, as it applied to the old grade of rating.
58.1 If, immediately before the transition day, a person held an old licence that was valid for a type or category of aircraft, the person is taken on and after that day to hold an aircraft endorsement that relates to aircraft of that type or category.
59.1 A permission under paragraph 57 (11) (a) of the old regulations that was in force immediately before the commencement has effect after the commencement as if it were a permission under subregulation 5.66 (4) of the new regulations.
60.1 An authorisation under paragraph 66 (4) (a) of the old regulations that was is in force immediately before the transition day has effect on and after that day as if it were a permission under subregulation 5.50 (1) of the new regulations.
60.2 An authorisation to which this regulation applies remains subject to the conditions (if any) to which it was subject immediately before the transition day.
61.1 An authorisation under paragraph 66 (4) (b) of the old regulations that was in force immediately before the transition day continues in force on and after that day, subject to the conditions (if any) that applied to it immediately before that day.
62.1 An approval under subregulation 57 (4) of the old regulations that was in force immediately before the transition day has effect on and after that day as if it were an approval under subregulation 5.21 (1) of the new regulations.
62.2 In spite of regulation 5.80 of the new regulations, if:
(a) a person holds an old private pilot licence that has effect after the commencement as if it were a new private pilot (aeroplane) licence; and
(b) the person was approved under sub‑subparagraph 56 (1) (a) (ii) (B) of the old regulations to pilot an aeroplane used in conversion training; and
(c) the approval was in force immediately before the commencement;
the person may give aeroplane conversion training after the commencement until:
(d) 1 January 1997; or
(e) the Authority makes a determination under subregulation 62.4;
whichever occurs first.
62.3 In spite of regulation 5.90 of the new regulations, if:
(a) a person holds an old private pilot licence that has effect after the commencement as if it were a new private pilot (helicopter) licence; and
(b) a person was approved under sub‑subparagraph 56 (1) (a) (ii) (B) of the old regulations to pilot a helicopter used in conversion training; and
(c) the approval was in force immediately before the commencement;
the person may give helicopter conversion training after the commencement until:
(d) 1 January 1997; or
(e) the Authority makes a determination under subregulation 62.4;
whichever occurs first.
62.4 The Authority may determine that a person mentioned in subregulation 62.2 or subregulation 62.3 must not give conversion training.
63.1 In spite of subregulation 5.105 (1) of the new regulations, if:
(a) a person holds an old commercial pilot licence that has effect after the commencement as if it were a new commercial pilot (aeroplane) licence; and
(b) the person was approved under sub‑subparagraph 56 (1) (a) (iii) (C) of the old regulations to act as pilot in command of an aeroplane engaged in regular public transport operations, other than international regular public transport operations; and
(c) the approval was in force immediately before the commencement;
the person may act as pilot in command of an aeroplane engaged in regular public transport operations, other than international regular public transport operations, until:
(d) 1 January 1997; or
(e) the Authority makes a determination under subregulation 63.3;
whichever occurs first.
63.2 In spite of subregulation 5.121 (1), of the new regulations, if:
(a) a person holds an old commercial pilot licence that has effect after the commencement as if it were a new commercial pilot (helicopter) licence; and
(b) the person was approved under sub‑subparagraph 56 (1) (a) (iii) (C) of the old regulations to act as pilot in command of a helicopter engaged in regular public transport operations, other than international regular public transport operations; and
(c) the approval was in force immediately before the commencement;
the person may act as pilot in command of a helicopter engaged in regular public transport operations, other than international regular public transport operations, until:
(d) 1 January 1997; or
(e) the Authority makes a determination under subregulation 63.3;
whichever occurs first.
63.3 The Authority may determine that a person mentioned in subregulation 63.1 or subregulation 63.2 must not act as pilot in command of an aeroplane, or a helicopter, engaged in regular public transport operations, other than international regular public transport operations.
64.1 In spite of subregulation 5.105 (1) of the new regulations, if:
(a) a person holds an old commercial pilot licence that has effect after the commencement as if it were a new commercial pilot (aeroplane) licence; and
(b) the person was approved under sub‑subparagraph 56 (1) (a) (iii) (D) of the old regulations to act as pilot in command of an aeroplane having a maximum take‑off weight of more than 5,700 kilograms engaged in charter operations, other than international charter operations; and
(c) the approval was in force immediately before the commencement;
the person may act as pilot in command of an aeroplane having a maximum take‑off weight of more than 5,700 kilograms engaged in charter operations, other than international charter operations, until:
(d) 1 January 1997; or
(e) the Authority makes a determination under subregulation 64.3;
whichever occurs first.
64.2 In spite of subregulation 5.121 (1) of the new regulations, if:
(a) a person holds an old commercial pilot licence that has effect after the commencement as if it were a new commercial pilot (helicopter) licence; and
(b) the person was approved under sub‑subparagraph 56 (1) (a) (iii) (D) of the old regulations to act as pilot in command of a helicopter having a maximum take‑off of weight of more than 5,700 kilograms engaged in charter operations, other than international charter operations; and
(c) the approval was in force immediately before the commencement;
the person may act as pilot in command of a helicopter having a maximum take‑off of weight of more than 5,700 kilograms engaged in charter operations, other than international charter operations, until:
(d) 1 January 1997; or
(e) the Authority makes a determination under subregulation 64.3;
whichever occurs first.
64.3 The Authority may determine that a person mentioned in subregulation 64.1 or subregulation 64.2 must not act as pilot in command of an aeroplane, or a helicopter, having a maximum take‑off of weight of more than 5,700 kilograms engaged in charter operations, other than international charter operations.
65.1 If, immediately before the transition day:
(a) a person held an old licence on which an old night V.F.R. rating was endorsed; and
(b) the rating was in force, or subject to suspension;
subregulation 57 (12) of the old regulations continues to apply to the person on and after that day.
65.2 A permission under subregulation 57 (12) of the old regulations that was in force immediately before the transition day continues in force on and after that day.
66.1 An overseas licence that was valid under subregulation 73 (1) of the old regulations, immediately before the commencement has effect during the relevant period as if it were a certificate of validation:
(a) issued under subregulation 5.27 (2) of the new regulations; and
(b) subject to the conditions (if any) that applied to the licence.
66.2 In this regulation:
(a) starts at the commencement; and
(b) ends at the end of the period for which the relevant overseas licence would have been valid under the old regulations.
67.1 If, immediately before the commencement, a person was:
(a) an approved person for the purposes of regulation 62 or 72 of the old regulations; or
(b) an approved medical practitioner for the purposes of carrying out a medical examination under regulation 72a of the old regulations;
the person is, after the commencement, taken to be appointed under regulation 6.02 of the new regulations as a designated aviation medical examiner on the terms and conditions that applied to the person’s appointment as an approved person, or an approved medical practitioner, as the case may be.
68.1 If a medical examination required by regulation 62, 72 or 72a of the old regulations had commenced but was not completed before the transition day, on and after that day the examination is taken to have commenced under regulation 6.06 of the new regulations.
68.2 A requirement by the Authority in force immediately before the transition day that sets out the medical examinations to be undergone for the purposes of regulation 62, 72 or 72a of the old regulations has effect on and after that day as if it were a direction given under paragraph 6.06 (3) (a) of the new regulations.
69.1 An old medical certificate that was issued to a person who met medical standard 1 has effect on and after the transition day as if it were a class 1 medical certificate issued under subregulation 6.06 (1) of the new regulations.
69.2 An old medical certificate that was issued to a person who met medical standard 2 has effect on and after the transition day as if it were a class 2 medical certificate issued under subregulation 6.06 (1) of the new regulations.
69.3 An old medical certificate that was issued to a person who met medical standard 3 has effect on and after the transition day as if it were a class 3 medical certificate issued under subregulation 6.06 (1) of the new regulations.
70.1 An old medical certificate:
(a) that was issued to a person who did not meet the relevant medical standard; and
(b) that contains a statement to the effect that the certificate is a class 1 medical certificate;
has effect on and after the transition day as if it were a class 1 medical certificate issued under subregulation 6.10 (1) of the new regulations.
70.2 An old medical certificate:
(a) that was issued to a person who did not meet the relevant medical standard; and
(b) that contains a statement to the effect that the certificate is a class 2 medical certificate;
has effect on and after the transition day as if it were a class 2 medical certificate issued under subregulation 6.10 (1) of the new regulations.
70.3 An old medical certificate:
(a) that was issued to a person who did not meet the relevant medical standard; and
(b) that contains a statement to the effect that the certificate is a class 3 medical certificate;
has effect on and after the transition day as if it were a class 3 medical certificate issued under subregulation 6.10 (1) of the new regulations.
71.1 If an old medical certificate that has effect after the transition day as if it were a new medical certificate was subject to suspension under subregulation 72f (1) of the old regulations immediately before that day, the suspension continues on and after that day in relation to the new medical certificate as if it were a suspension under subregulation 6.20 (1) of the new regulations.
71.2 A suspension to which subregulation 71.1 applies has effect in relation to a new medical certificate on the same conditions, and for the same period, as it had effect in relation to the old medical certificate.
72.1 A translated medical certificate remains subject to the conditions (if any) to which it was subject immediately before the transition day.
73.1 Subject to subregulation 73.2, a translated medical certificate remains in force until the end of the period within which the holder of the certificate would next have been required under regulation 72a of the old regulations to undergo a medical examination.
73.2 If:
(a) the Authority deferred a person’s medical examination under regulation 72b of the old regulations; and
(b) the deferral was in force immediately before the transition day;
the person’s translated medical certificate remains in force until the end of the period within which the person would have been required to undergo the deferred examination.
74.1 An authorisation under 62 or 72a of the old regulations that was in force immediately before the transition day has effect on and after that day as if it were an authorisation under regulation 6.17 of the new regulations.
74.2 An authorisation under subregulation 72 (1) of the old regulations that was in force immediately before the transition day has effect on and after that day as if it were an authorisation under regulation 6.17 of the new regulations.
75.1 An application for a licence (other than a discontinued licence), rating, endorsement, certificate of validation or medical certificate under the old regulations that was made but not finally decided before the commencement must be treated after the commencement as if it had been made under the new regulations.
75.2 In spite of its repeal, Part V of the old regulations applies after the commencement:
(a) to an application for a discontinued licence that was made but not finally decided before the commencement; and
(b) to any licence issued on an application mentioned in paragraph (a).
75.3 In this regulation:
(a) an old senior commercial pilot licence;
(b) an old second class airline transport pilot licence;
(c) an old flight navigator licence;
(d) an old aircraft radiotelegraph operator certificate of proficiency;
(e) an old flight radiotelegraph operator licence.
76.1 A Civil Aviation Order:
(a) that was made under Part V of the old regulations; and
(b) that was in force immediately before the commencement;
has effect after the commencement as if it were made under Part 5 of the new regulations.
76.2 In spite of subregulation 76.1, if Part V of the old regulations continues to apply in relation to a person after the commencement, a Civil Aviation order made under that Part:
(a) continues to have effect after the commencement in relation to the person under that Part; and
(b) the old regulations apply to it accordingly.
77.1 A delegation of the powers conferred by regulation 79, subregulation 80 (1), 82 (1), 134 (1), 134 (2) or 265 (1) or paragraph 83 (1) (a) of the old regulations, being a delegation that was in force immediately before the commencement, has effect after the commencement as if it were a delegation of the powers conferred by the regulation, subregulation, or paragraph as amended by these Regulations.
77.2 A delegation of the Authority’s power under subregulation 55b (1) of the old regulations to grant licences, being a delegation that was in force immediately before the commencement, has effect after the commencement as if it were:
(a) a delegation of the Authority’s power under subregulation 5.09 (1) of the new regulations to issue a flight crew licence; and
(b) a delegation of the Authority’s power under subregulation 5.198 (1) of the new regulations to issue a special pilot licence; and
(c) a delegation of the Authority’s power under subregulation 83a (2) of the new regulations to issue an aircraft radiotelephone operator certificate of proficiency.
77.3 A delegation of the Authority’s power under subregulation 55b (1) of the old regulations to endorse licences, being a delegation that was in force immediately before the commencement, has effect after the commencement as if it were:
(a) if the delegation authorised the delegate to endorse licences with a rating—a delegation of the Authority’s power under subregulation 5.14 (2) of the new regulations to issue, or renew, a flight crew rating, or grade of flight crew rating; or
(b) if the delegation authorised the delegate to endorse licences with a type or category of aircraft—a delegation of the Authority’s power under subregulation 5.23 (2) of the new regulations to issue an aircraft endorsement.
77.4 A delegation of the Authority’s power under subregulation 55b (2) of the old regulations to grant a licence subject to conditions, being a delegation that was in force immediately before the commencement, has effect after the commencement as if it were:
(a) a delegation of the Authority’s power under subregulation 5.11 (1) of the new regulations to issue a flight crew licence subject to conditions; and
(b) a delegation of the Authority’s power under subregulation 5.202 (1) of the new regulations to issue a special pilot licence subject to conditions; and
(c) a delegation of the Authority’s power under subregulation 83c (1) of the new regulations to issue an aircraft radiotelephone operator certificate of proficiency subject to conditions.
77.5 A delegation of the Authority’s power under subregulation 55b (2) of the old regulations to endorse a licence subject to conditions, being a delegation that was in force immediately before the commencement, has effect after the commencement as if it were:
(a) if the delegation authorised the delegate to endorse a licence with a rating subject to conditions—a delegation of the Authority’s power under subregulation 5.18 (1) of the new regulations to issue, or renew, a flight crew rating, or grade of flight crew rating, subject to conditions; or
(b) if the delegation authorised the delegate to endorse a licence with a type or category of aircraft subject to conditions—a delegation of the Authority’s power under subregulation 5.25 (1) of the new regulations to issue an aircraft endorsement subject to conditions.
77.6 A delegation of power conferred by a provision of the old regulations specified in column 2 of an item in Schedule 2, being a delegation that was in force immediately before the commencement, has effect after the commencement as if it were a delegation of the power conferred by the provision of the new regulations specified in column 3 of that item.
SAVING OF OLD RATINGS
Column 1 Item | Column 2 Old grade of rating | Column 3 New rating or new grade of rating |
1. | agricultural rating class 1—aeroplanes | agricultural pilot (aeroplane) rating grade 1 |
2. | agricultural rating class 2—aeroplanes | agricultural pilot (aeroplane) rating grade 2 |
3. | agricultural rating class 1—helicopters | agricultural pilot (helicopter) rating grade 1 |
4. | agricultural rating class 2—helicopters | agricultural pilot (helicopter) rating grade 2 |
5. | flight instructor rating Grade One—aeroplanes | flight instructor (aeroplane) rating grade 1 |
6. | flight instructor rating Grade Two—aeroplanes | flight instructor (aeroplane) rating grade 2 |
7. | flight instructor rating Grade Three aeroplanes | flight instructor (aeroplane) rating grade 3 |
8. | flight instructor rating—balloons | flight instructor (balloon) rating |
9. | command (multi‑engine aeroplane) grade of instrument rating | command (multi‑engine aeroplane) grade of instrument rating |
10. | command (single engine aeroplane) grade of instrument rating | command (single engine aeroplane) grade of instrument rating |
11. | co‑pilot (aeroplane) grade of instrument rating | co‑pilot (aeroplane) grade of instrument rating |
12. | command (multi‑engine helicopter) grade of instrument rating | command (multi‑engine helicopter) grade of instrument rating |
13. | command (single engine helicopter) grade of instrument rating | command (single engine helicopter) grade of instrument rating |
Column 1 Item | Column 2 Old grade of rating | Column 3 New rating or new grade of rating |
14. | co‑pilot (helicopter) grade of instrument rating | co‑pilot (helicopter) grade of instrument rating |
15. | aeroplane grade of night V.F.R. rating | aeroplane grade of night V.F.R. rating |
16. | helicopter grade of night V.F.R. rating | helicopter grade of night V.F.R. rating |
17. | airship grade of night V.F.R. rating | airship grade of night V.F.R. rating |
18. | aeroplane grade of night V.F.R. agricultural rating | aeroplane grade of night V.F.R. agricultural rating |
19. | helicopter grade of night V.F.R. agricultural rating | helicopter grade of night V.F.R. agricultural rating |
SAVING OF DELEGATIONS
Column 1 Item | Column 2 Provision of old regulations | Column 3 Provision of new regulations |
1. | Subregulation 57 (4) | Subregulation 5.21 (1) |
2. | Paragraph 57 (11) (a) | Subregulation 5.66 (4) |
3. | Paragraph 62 (2) (a) | Paragraph 6.06 (3) (a) |
4. | Paragraph 66 (4) (a) | Paragraph 5.50 (1) (a) |
5. | Subregulation 72 (1) | Regulation 6.17 |
6. | Regulation 72b | Subregulation 6.15 (2) |
7. | Subregulation 72c (3) | Subregulation 6.10 (1) |
Column 1 Item | Column 2 Provision of old regulations | Column 3 Provision of new regulations |
8. | Subregulation 72d (1) | Subregulation 6.06 (1) |
9. | Subregulation 72d (2) | Subregulation 6.10 (1) |
10. | Subregulation 72d (3) | Subregulation 6.12 (1) |
11. | Subregulation 72d (5) | Subregulation 6.19 (1) |
12. | Subregulation 72d (7) | Regulation 6.19 |
13. | Subregulation 72e (3) | Subregulation 6.15 (2) |
14. | Subregulation 72f (1) | Subregulation 6.20 (1) |
15. | Subregulation 73 (1) | Subregulation 5.27 (2) |
16. | Subparagraph 75 (a) (ii) | Subregulation 5.20 (1) |
1. Notified in the
Commonwealth of Australia Gazette on 8 September 1992.2. Statutory Rules 1988 No. 158 as amended by 1988 Nos. 209, 373 and 376; 1989 Nos. 31 and 276; 1990 Nos. 100, 215, 216, 258, 260, 289, 310, 331, 332 and 466; 1991 No. 54, 147, 157, 247, 287, 382, 409, 410, 426 and 487; 1992 Nos. 36, 174, 254 and 258.
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