CASA EX16/26 — Amendment of CASA EX32/24 (Application for Air Transport Pilot Licence Flight Test Endorsement) Instrument 2026

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA EX16/26 — Amendment of CASA EX32/24 (Application for Air Transport Pilot Licence Flight Test Endorsement) Instrument 2026

Purpose

The purpose of CASA EX16/26 — Amendment of CASA EX32/24 (Application for Air Transport Pilot Licence Flight Test Endorsement) Instrument 2026 (the instrument) is to provide alleviation for flight examiners when obtaining an air transport pilot licence flight test endorsement (ATPL-FTE) by not requiring them to hold an instrument rating flight test endorsement (IR-FTE) for the grant of the ATPL-FTE.

The instrument effects this in a new Part that the instrument inserts into instrument CASA EX32/24 — Flight Crew Licensing and Other Matters (Miscellaneous Exemptions) Instrument 2024 (the principal instrument). The new Part includes an exemption from paragraph 61.1320(1)(b) of the Civil Aviation Safety Regulations 1998 (CASR), for a person applying for an ATPL-FTE, to allow the person not to have to hold an IR-FTE provided the person holds an instrument proficiency check for the aircraft category to which the ATPL‑FTE being applied for relates.

The instrument operates in conjunction with CASA 07/26  — Amendment of CASA 62/20 (Air Transport Pilot Licence Flight Test Endorsement) Instrument 2026 (CASA 07/26). CASA 07/26 inserts section 12 into instrument CASA 62/20 — Conditions on Flight Crew Authorisations (Edition 3) Instrument 2020 (CASA 62/20). That section imposes conditions on an ATPL-FTE under regulation 11.068 of CASR.

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 CASR and the Civil Aviation Regulations 1988.

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 61.010 also defines instrument proficiency check as an assessment, against the standards mentioned in the Part 61 Manual of Standards, of a pilot’s competency to pilot an aircraft under the IFR.

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.

Subregulation 61.1320(1) states that an applicant for an endorsement mentioned in column 1 of an item in table 61.1310 must hold:

(a) a flight examiner rating; and

(b) the licences and endorsements mentioned in column 3 of an item.

A note below subregulation 61.1320(1) explains how the subregulation is satisfied in relation to overseas flight crew licences, ratings and endorsements held by an applicant.

Exemptions

Division 11.F.1 of CASR provides for the granting of exemptions from particular provisions of CASR. Subregulation 11.160(1) of CASR provides that, for subsection 98(5A) of the Act, the Civil Aviation Safety Authority (CASA) may grant an exemption from compliance with a provision of the regulations.

Under subregulation 11.160(2) of CASR, an exemption may be granted to a person or a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

Under subregulation 11.160(3) of CASR, an exemption may be granted on application by a person or on CASA’s own initiative.

Under subregulation 11.170(3) of CASR, in deciding whether to grant an exemption, CASA must regard as paramount the preservation of at least an acceptable level of aviation safety. CASA has regard to the same test when deciding whether to grant an exemption on its own initiative.

Regulation 11.205 provides that CASA may impose conditions on an exemption if necessary in the interests of the safety of air navigation. Under regulation 11.210, it is a strict liability offence (with a maximum penalty of 50 penalty units) not to comply with the obligations imposed by a condition.

Regulation 11.225 of CASR requires an exemption to be published on the internet. Under subregulation 11.230(1), the maximum duration of an exemption is 3 years.

Power to amend, modify or repeal another instrument

Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Background

Pilots are required to demonstrate competency conducting their safety-sensitive operational activities before being licensed. Flight tests are part of CASA’s licensing system and provide an independent means of assuring CASA and the community that the successful candidate is fit to exercise the privileges of the authorisation for which the flight test is conducted. It also provides an opportunity for the examiner to provide feedback to the training provider that trained the candidate where necessary.

The flight examiner rating provides a framework to qualify personnel, through a training and testing regime, to be authorised to conduct flight tests, conduct proficiency checks and grant flight crew ratings and endorsements. A key principle underpinning the framework is that pilots conducting flight tests should be competent conducting operations associated with the licence, rating or endorsement that the flight test is for and should be authorised to conduct the flight training associated with the kind of flight test they are conducting.

To exercise the privileges of their flight examiner rating, examiners must complete every 2 years either a professional development program conducted by CASA or an approved course of professional development conducted by the holder of an approval under regulation 61.040 to conduct the course, and complete an examiner proficiency check every 2 years.

Consistent with this key principle, CASR presently requires an applicant for an ATPL-FTE to hold an IR-FTE, and therefore the IR-training endorsement, because an ATPL-FTE holder can conduct the flight test for, and grant, an instrument rating. However, most airline-based flight examiners only need to conduct ATPL flight tests. Most airline-based ATPL-FTE applicants do not hold an IR-FTE. Therefore, having to hold an IR-FTE to conduct the ATPL flight test is a barrier to obtaining an ATPL-FTE. As an interim solution, CASA has been granting approvals under regulation 61.040 to persons for this purpose. This solution is inconsistent with the underpinning flight crew licensing policies and is impractical in the long term.

Also, a candidate for an ATPL is almost certainly going to already hold an instrument rating (IR). Given this, requiring the flight examiner to hold an IR-FTE (which also requires the examiner to hold the instrument rating training endorsement) to obtain an ATPL-FTE seems unnecessary from a safety perspective and is also onerous for the airline industry, which has to source flight examiners who hold this qualification. CASA 07/26 reimposes the requirement for an ATPL-FTE holder to hold an IR-FTE for the conduct of a flight test for an ATPL for an applicant who does not hold an IR.

Overview of instrument

In accordance with subsection 33(3) of the Acts Interpretation Act 1901, the instrument amends the principal instrument to insert a new Part 21 (new Part 21) into that instrument.

New Part 21 provides an exemption for a person applying for an ATPL-FTE, who holds a valid instrument proficiency check for the aircraft category to which the ATPL-FTE being applied for relates, from paragraph 61.1320(1)(b), to the extent that the applicant must hold an IR-FTE. (An ATPL-FTE includes the aircraft category specification, so when applying for an ATPL-FTE, a person would apply for an ATPL-FTE (Aeroplane Category) or ATPL-FTE (Helicopter Category).)

New Part 21 operates in tandem with the conditions on an ATPL-FTE imposed under section 12 of CASA 62/20 that was inserted by CASA 07/26. These conditions on the exercise of the privileges of the ATPL-FTE were imposed in the interests of aviation safety. In some cases, the conditions include requiring the holder to hold an IR-FTE to exercise the privileges, depending on the authorisation for which the flight test is being conducted.

CASA has assessed the impact on aviation safety and is satisfied that, given the nature of the exemption involved and the conditions imposed on an ATPL-FTE under CASA 62/20, an acceptable level of aviation safety will be preserved during the period the exemption is in force.

Eventually, CASA proposes to seek to amend CASR and the Part 61 Manual of Standards, to address this issue in the long term.

Content of instrument

Section 1 of the instrument sets out the name of the instrument.

Section 2 provides that the instrument commences at the same time as CASA 07/26 commences.

Section 3 states that Schedule 1 amends the principal instrument.

Item 1 of Schedule 1 inserts new Part 21 into the principal instrument.

New Part 21 is titled Application for air transport pilot licence flight test endorsement. New Part 21 includes 2 sections — section 82 (new section 82) and section 83 (new section 83).

New section 82 provides definitions for Part 21. These are definitions of the terms air transport pilot licence flight test endorsement, instrument proficiency check and instrument rating flight test endorsement.

New section 83 sets out an exemption.

Subsection 83(1) provides that the section applies to a person who:

(a) applies to CASA, under regulation 61.155 of CASR, for an ATPL-FTE; and

(b) has a valid instrument proficiency check, under regulation 61.695 of CASR, for the aircraft category to which the air transport pilot licence flight test endorsement being applied for relates.

Subsection 83(2) provides that the person is exempt from compliance with paragraph 61.1320(1)(b) of CASR in relation to the application to the extent that the applicant must hold an IR-FTE.

Two notes are included under subsection 83(2). The first note explains that the effect of the exemption is that, in relation to the application, the person is taken to meet the requirement under paragraph 61.1320(1)(b) of CASR that the person must hold an IR-FTE for the purposes of paragraph 61.170(c) of CASR. The second note refers to section 12 of CASA 62/20 which sets out conditions of an ATPL-FTE.

Legislation Act 2003 (the LA)

Paragraph 98(5A)(a) of the Act 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 apply for an ATPL-FTE and who hold a valid instrument proficiency check.

Also, paragraph 10(1)(d) of the LA provides that an instrument will be 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, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.

Sunsetting

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

In this case, the instrument amends the principal instrument (instrument CASA EX32/24) and is almost immediately spent and repealed in accordance with the automatic repeal provisions in section 48A of the LA.

The principal instrument is itself repealed at the end of 31 May 2027 by virtue of the terms of section 2 of that instrument. Any renewal of the principal instrument will be subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.

Therefore, the exemption from sunsetting does not affect parliamentary oversight of the instrument or the principal instrument.

Consultation

A draft of the instrument, together with a draft of CASA 07/26, 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 individuals and 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.

The amendments made by the instrument would exempt applicants for an ATPL-FTE from having to hold an IR-FTE.

CASA has assessed that the economic and cost impact of the instrument is not significant. The Office of Impact Analysis (OIA) has also made the assessment that the impact of the instrument is minor and that an Impact Analysis (IA) is not required. As there is no significant economic or cost impact on individuals or businesses, there will be no community impacts.

Impact on categories of operations

The instrument is likely to have a beneficial impact on airline operators by increasing the pool of flight examiners able to conduct flight tests for air transport pilot licences and ratings on ATPLs.

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 IA 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 is compatible with human rights.

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 at the same time as CASA 07/26 and is 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 EX16/26 — Amendment of CASA EX32/24 (Application for 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 CASA EX16/26 — Amendment of CASA EX32/24 (Application for Air Transport Pilot Licence Flight Test Endorsement) Instrument 2026 (the instrument) is to provide alleviation for flight examiners when obtaining an air transport pilot licence flight test endorsement (ATPL-FTE) by not requiring them to hold an instrument rating flight test endorsement (IR-FTE) for the grant of the ATPL-FTE.

The instrument effects this in a new Part that the instrument inserts into instrument CASA EX32/24 — Flight Crew Licensing and Other Matters (Miscellaneous Exemptions) Instrument 2024. The new Part includes an exemption from paragraph 61.1320(1)(b) of the Civil Aviation Safety Regulations 1998 for a person applying for an ATPL-FTE to allow the person not to have to hold an IR-FTE provided the person holds an instrument proficiency check for the aircraft category to which the ATPL-FTE being applied for relates.

The instrument operates in tandem with the conditions imposed in the interests of aviation safety on an ATPL-FTE under instrument CASA 62/20 — Conditions on Flight Crew Authorisations (Edition 3) Instrument 2020. These conditions were inserted by instrument CASA 07/26 — Amendment of CASA 62/20 (Air Transport Pilot Licence Flight Test Endorsement Instrument 2026.

Human rights implications

The instrument engages the right to work mentioned in Article 6(1) of the International Covenant on Economic, Social and Cultural Rights.

The right to work includes the right of everyone to the opportunity to gain their living by work, which they freely choose or accept. The beneficiaries of the instrument are persons who apply for an ATPL-FTE but do not have an IR-FTE. The instrument will facilitate these persons obtaining an ATPL-FTE which would enable the person to conduct flight tests for specified pilot licences and ratings. Accordingly, the right to work is promoted by the instrument.

Conclusion

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

Civil Aviation Safety Authority