CASA 07/26 — Amendment of CASA 62/20 (Air Transport Pilot Licence Flight Test Endorsement) Instrument 2026

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA 07/26 — Amendment of CASA 62/20 (Air Transport Pilot Licence Flight Test Endorsement) Instrument 2026

Purpose

The purpose of CASA 07/26 — Amendment of CASA 62/20 (Air Transport Pilot Licence Flight Test Endorsement) Instrument 2026 (the instrument) is to impose conditions on an air transport pilot licence flight test endorsement (an ATPL-FTE) which are required due to new Part 21 of CASA EX32/24 — Flight Crew Licensing and Other Matters (Miscellaneous Exemptions) Instrument 2024 (EX32/24). The instrument effects this in a new section that the instrument inserts in CASA 62/20 — Conditions on Flight Crew Authorisations (Edition 3) Instrument 2020 (the principal instrument).

Part 21 of CASA EX32/24 was inserted by instrument CASA EX16/26 — Amendment of CASA EX32/24 (Application for Air Transport Pilot Licence Flight Test Endorsement) Instrument 2026 (CASA EX16/26).

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation. Relevantly, the Governor-General has made the Civil Aviation Safety Regulations 1998 (CASR).

Part 61 of CASR

References in this Explanatory Statement to provisions that commence with the number “61” are to provisions of Part 61 of CASR (Part 61).

Part 61 sets out the licensing scheme for pilots of registered aircraft. The term registered, in relation to an Australian aircraft, is defined in Part 1 of the CASR Dictionary. The term Australian aircraft is defined in section 3 of the Act.

Division 61.U.3 of CASR sets out the privileges and requirements for the grant of flight examiner endorsements on a pilot licence.

Regulation 61.010 defines flight examiner endorsement as meaning an endorsement mentioned in column 1 of table 61.1310.

Regulation 61.1310 provides for kinds of flight examiner endorsement. The regulation states that the kinds of flight examiner endorsement are set out in column 1 of table 61.1310.

Relevantly, items 3 and 6 of table 61.1310 are as follows:

Regulation 61.1315 states that, subject to Subpart 61.E and Division 61.U.1, the holder of an endorsement mentioned in column 1 of an item in table 61.1310 is authorised to conduct each activity mentioned in column 2 of the item.

Conditions imposed on class of authorisation

Subregulation 11.068(1) of CASR provides that, for subsection 98(5A) of the Act, CASA may issue a legislative instrument that imposes conditions relating to a matter mentioned in that subsection on a specified class of authorisations. Under subregulation 11.068(2), the class of authorisations may include authorisations granted before the imposition of the condition. Under subregulation 11.068(3), a condition imposed under subregulation (1) is taken to be a condition of every authorisation of the class mentioned in the instrument.

An ATPL-FTE is an authorisation, within the meaning of that term, as defined in regulation 11.015 of CASR.

As far as is relevant, under regulation 11.077 of CASR, the holder of an authorisation commits a strict liability offence (with a maximum penalty of 50 penalty units) if the holder contravenes a condition imposed on the authorisation under regulation 11.068.

Background

Under new Part 21 of CASA EX32/24, an exemption from paragraph 61.1320(1)(b) of CASR removes the requirement for a person applying for an ATPL-FTE to hold an instrument rating flight test endorsement (IR-FTE) for the grant of the ATPL-FTE provided the person holds a valid instrument proficiency check for the aircraft category to which the ATPL-FTE the applicant is applying for relates. Part 21 of EX32/24 was inserted by CASA EX16/26 to provide alleviation for flight examiners when obtaining an ATPL-FTE.

Overview of instrument

The instrument imposes conditions on using an ATPL-FTE in specific circumstances.

The first condition applies when the holder of the ATPL-FTE is conducting a flight test for the grant of a multi-crew pilot licence or an instrument rating, or where the applicant for an ATPL, or the specified aircraft category rating on an ATPL, does not hold an instrument rating. For these 2 cases, the condition is that the flight examiner must hold the IR-FTE for the aircraft category associated with the ATPL flight test. This condition is applied to ensure the examiner is competent conducting a test for a candidate who has yet to have their instrument rating competencies assessed for the grant of an instrument rating for the aircraft category associated the ATPL flight test.

The second condition applies when the flight test is for the grant of a multi-engine aeroplane class rating. In this case, the condition is that the flight examiner must hold the multi-engine aeroplane class rating training endorsement. This condition is applied to address a safety concern that the training and assessment requirements for the ATPL-FTE do not cover the specific knowledge and skills relevant to conducting this kind of flight test. With a small number of exceptions, a multi-engine aeroplane class rating flight test is conducted in a relatively small single-pilot multi-engine type of aeroplane, whereas the ATPL is conducted as a multi-crew operation.

CASA has assessed the impact on aviation safety and is satisfied that the conditions imposed on an ATPL-FTE will preserve an acceptable level of aviation safety.

In accordance with subsection 33(3) of the Acts Interpretation Act 1901, the instrument amends the principal instrument.

Eventually CASA proposes to seek to amend CASR and the Part 61 MOS to address this issue in the long term.

Content of instrument

Section 1 states the name of the instrument.

Section 2 states that the instrument commences on the day after it is registered.

Section 3 states that Schedule 1 amends the principal instrument.

Schedule 1 amends the principal instrument by inserting a new section 12 (new section 12) into the principal instrument.

New section 12 applies to the holder an ATPL-FTE. It imposes conditions on the flight test endorsement, which apply when the holder is exercising its privileges. In summary, the holder is, under new section 12, authorised to conduct a flight test for:

• a multi-crew pilot licence, or an instrument rating, in an aircraft of the specified category, only if the holder holds an IR-FTE for the specified aircraft category
• an ATPL, or the specified aircraft category rating on an ATPL in an aircraft of the specified category, for an applicant who does not hold an instrument rating only if the holder holds an IR-FTE for the specified aircraft category
• a multi-engine aeroplane class rating, only if the holder holds a multi-engine aeroplane class rating training endorsement.

The new section 12 requirement for the holder of an ATPL-FTE to hold the specified qualifications is designed to address risk associated with examiners conducting flight tests where they have not completed relevant training. For example, the requirement for the flight examiner to hold a multi-engine aeroplane class rating training endorsement when conducting a flight test for a multi-engine aeroplane class rating addresses the aviation safety risk of conducting tests in relatively small lower performance single-pilot multi-engine aeroplanes, especially when conducting critical manoeuvres, without relevant training and experience.

Legislation Act 2003 (the LA)

Under subsection 8(2) of the LA, if a primary law (being an Act or an instrument made under an Act or a provision of an Act or an instrument made under an Act) gives power to do something by legislative instrument, then, if the thing is done, it must be done by instrument and that instrument is a legislative instrument. The instrument is made under regulation 11.068, which provides that CASA may issue a legislative instrument that imposes a condition relating to a matter mentioned in subsection 98(5A) of the Act on a specified class of authorisations.

Paragraph 98(5A)(a) provides that CASA may issue instruments in relation to matters affecting the safe navigation and operation, or the maintenance, of aircraft. Also, paragraph 98(5AA)(a) provides that an instrument issued under paragraph 98(5A)(a) is a legislative instrument if the instrument is expressed to apply in relation to a class of persons. The instrument is made for the purpose of paragraph 98(5A)(a) and applies to a class of persons, namely, persons who hold an ATPL-FTE.

Also, paragraph 10(1)(d) of the LA provides that an instrument is a legislative instrument if it includes a provision that amends or repeals another legislative instrument. The instrument amends the principal instrument, which is a legislative instrument.

The instrument is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.

Sunsetting

Part 4 of Chapter 3 of the LA (the sunsetting provisions) does not apply to the instrument because the instrument relates to aviation safety and is made under CASR (see item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015).

The instrument amends the principal instrument and will be repealed in accordance with the automatic repeal provisions in section 48A of the LA.

The principal instrument does not have a repeal date. However, any remake of the principal instrument will be subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.

The principal instrument deals with aviation safety matters that, once identified, require a risk response or treatment plan. Generally speaking, item 15, when invoked, is necessary to ensure that, in the interests of aviation safety, a relevant instrument has enduring effect, certainty and clarity for aviation operators, both domestic and international.

Consultation

A draft of the instrument, together with a draft of CASA EX16/26, was circulated to key stakeholders for a meeting on 13 February 2026 with major airlines, including Qantas, Jetstar and Virgin Australia. All stakeholders supported the proposal.

CASA is satisfied that no further consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.

Sector risk, economic and cost impact

Subsection 9A(1) of the Act states that, in exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration. Subsection 9A(3) of the Act states that, subject to subsection (1), in developing and promulgating aviation safety standards under paragraph 9(1)(c), CASA must:

(a) consider the economic and cost impact on individuals, businesses and the community of the standards; and

(b) take into account the differing risks associated with different industry sectors.

The cost impact of a standard refers to the direct cost (in the sense of price or expense) which a standard would cause individuals, businesses and the community to incur. The economic impact of a standard refers to the impact a standard would have on the production, distribution and use of wealth across the economy, at the level of the individual, relevant businesses in the aviation sector, and the community more broadly. The economic impact of a standard could also include the general financial impact of that standard on different industry sectors.

The economic and cost impact of the instrument has been determined by:

(a) the identification of classes of individuals and the businesses affected by the instrument; and

(b) consideration of how the requirements to be imposed on individuals and businesses under the instrument will be different compared to existing requirements.

CASA has assessed that the economic or cost impact of the instrument is beneficial to industry due to the reduced requirements for training and assessment associated with obtaining the IR-FTE. The cost impact associated with the multi-engine aeroplane class rating case is assessed as minimal as the impacted examiners are not likely to be involved in conducting such flight tests. This is confirmed by the assessment made by the Office of Impact Analysis (the OIA). As there is minimal economic or cost impact on individuals or businesses, the instrument will not have any economic or cost impact on the community.

Impact on categories of operations

The instrument has a beneficial impact on airlines and their flight examiners as it reduces the requirements to obtain the ATPL-FTE and the examiners are very unlikely to conduct flight tests where the IR-FTE is required.

The instrument has a neutral impact on other operators and flight examiners as those examiners would generally already hold the necessary prerequisites, including the IR-FTE and the multi-engine aeroplane class rating training endorsement.

Only a small number of flight examiners who hold an ATPL-FTE (Aeroplane Category) conduct flight tests for multi-engine aeroplane class ratings, and of these some may not hold the multi-engine aeroplane class rating training endorsement. These flight examiners would be required by the condition to complete training and a flight test for the training endorsement, which would be at an additional cost to the examiner or the training operator they are employed by. CASA believes this is necessary in the interest of the safety of air navigation.

It is a condition of the endorsement that, in exercising the privileges of the endorsement, the holder is authorised to conduct a flight test for a multi-engine aeroplane class rating only if the holder holds a multi-engine aeroplane class rating training endorsement.

Impact on regional and remote communities

The instrument does not have an impact that is specific to regional and remote communities.

Office of Impact Analysis

The OIA has made the assessment that the impact of the instrument is minor and that an Impact Analysis is not required (OIA26-11424).

Statement of Compatibility with Human Rights

The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms and is compatible with human rights as it does not raise any human rights issues.

Making and commencement

The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73(2) of the Act.

The instrument commences on the day after it is registered and will be automatically repealed in accordance with section 48A of the LA.

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

CASA 07/26 — Amendment of CASA 62/20 (Air Transport Pilot Licence Flight Test Endorsement) Instrument 2026

This legislative instrument is compatible with the human rights and freedoms
recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

The purpose of the instrument is to impose conditions related to qualifications and competency on an air transport pilot licence flight test endorsement (ATPL-FTE). The instrument effects this in a new section that the instrument inserts into CASA 62/20 — Conditions on Flight Crew Authorisations (Edition 3) Instrument 2020.

The instrument operates in tandem with the exemptions in new Part 21 of CASA EX32/24 — Flight Crew Licensing and Other Matters (Miscellaneous Exemptions) Instrument 2024, inserted by instrument CASA EX16/26 — Amendment of CASA EX32/24 (Application for Air Transport Pilot Licence Flight Test Endorsement) Instrument 2026. New Part 21 provides alleviation for flight examiners when obtaining an ATPL-FTE by not requiring them to hold an instrument rating flight test endorsement for the grant of the ATPL-FTE.

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority