CASA EX29/26 – Part 141 operators using a sole instructor – Exemption Instrument 2026

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA EX29/26 – Part 141 operators using a sole instructor – Exemption Instrument 2026

Purpose

The purpose of CASA EX29/26 – Part 141 operators using a sole instructor – Exemption Instrument 2026 (the instrument) is to continue the operation of exemptions from several provisions of Part 141 of the Civil Aviation Safety Regulations 1998 (CASR) which regulates non-complex flight training for the issue of recreational, private and commercial pilot licences and certain operational ratings. Those exemptions were first granted in 2023 to make it easier and less expensive for Part 141 flight training to be conducted as a single-person operation (in colloquial terms “a one-person business”), where an operator either conducts the Part 141 flight training themselves or uses a single individual to carry out the responsibilities of an operator and conduct the relevant training. (Each of these persons is called a relevant Part 141 operator in the instrument.)

The exemptions continued by the instrument relieve a relevant Part 141 operator, its chief executive officer and its head of operations (who will be the same person) of some of the administrative burden associated with the requirements to undergo an annual standardisation and proficiency check, and the requirement to notify the Civil Aviation Safety Authority (CASA) of, and obtain its approval for, any change to the training bases where the operator conducts certain training, other than excluded flight training, which is more complex training for a flight crew licence category rating, an instrument rating or an instructor rating.

The exemptions are subject to conditions, including an obligation to have and comply with an operations manual that is fully consistent with the sample operations manual prepared by CASA for Part 141 operators with a sole instructor, as it is in force from time to time.

The instrument also grants an exemption to applicants who wish to become Part 141 operators operating only in accordance with the exemption (a relevant applicant). Such applicants are granted an exemption from some elements of the application process that could not otherwise be complied with where the essential purpose of the application is to gain the benefit of the exemption.

The instrument replaces CASA EX39/23 – Part 141 operators using a sole instructor – Exemption Instrument 2023 (the repealed instrument), which commenced on 5 April 2023 and expires at the end of 31 March 2026, as the circumstances underlying the need for the original exemption remain valid and operators rely upon the exemptions in the repealed instrument. If the exemptions are not renewed, those operators may become non-compliant with Part 141 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.

Power under Part 141 of CASR

Flying training in Australia is conducted by authorised organisations, including single instructors. Flight training for the purposes of obtaining a flight crew licence or rating requires CASA approval. The approval may be in the form of a Part 141 certificate or a Part 142 Air Operator’s Certificate (AOC).

Part 141 authorisation applies to training activities conducted as a single-pilot operation for the grant of a recreational pilot licence (RPL), private pilot licence (PPL) and non-integrated commercial pilot licence (CPL), single-pilot ratings and some endorsements. This would typically include people training to fly for recreational purposes as opposed to full-time or longer duration (more complex) training courses.

Certain terms and phrases used in Part 141 and the instrument are defined in regulation 141.015 of CASR.

Part 141 flight training is defined in subregulation 141.015(1) to mean any of the listed training that is conducted in an aircraft or flight simulation training device.

Authorised Part 141 flight training, for a Part 141 operator, is defined in subregulation 141.015(2) as the Part 141 flight training mentioned in the operator’s Part 141 certificate.

Part 141 operator is defined in subregulation 141.015(3) as the holder of a Part 141 certificate.

Part 141 certificate is defined in subregulation 141.015(4) as a certificate issued under regulation 141.060.

Key personnel, for a Part 141 operator, is defined by regulation 141.020 to mean the people (however described) that hold, or carry out the responsibilities of, chief executive officer or head of operations in the Part 141 operator’s organisation.

Applications for and conditions of Part 141 certificates

Regulation 141.055 of CASR provides that persons may apply to CASA for a Part 141 certificate and lists the matters that must be included in an application.

Subregulation 141.060(1) of CASR requires CASA to issue a Part 141 certificate to an applicant if satisfied of the listed matters, including that the applicant’s proposed operations manual complies with regulation 141.260 of CASR (paragraph 141.260(1)(a)).

Regulation 141.070 of CASR sets out the conditions to which a Part 141 certificate is subject, which include requirements that each of the Part 141 operator and its key personnel (that is, its chief executive officer and head of operations) must comply with each provision of Part 141 that applies to the person (see subparagraphs 141.070(a)(i) and (b)(i)) and with each direction given to the key personnel, or obligation imposed on the key personnel, by CASA under a provision of CASR (see subparagraph 141.070(b)(ii)).

Subregulation 141.075(1) of CASR provides that a Part 141 operator commits an offence if the operator contravenes a condition of its Part 141 certificate. The penalty for the offence, which is one of strict liability, is 50 penalty units.

Requirement for Part 141 operators to obtain CASA’s approval of certain significant changes

Subregulation 141.085(1) of CASR provides that a Part 141 operator commits an offence if the operator makes a significant change, other than a significant change mentioned in subregulation 141.085(2) or (3), and CASA has not approved the significant change. The penalty for the offence, which is one of strict liability, is 50 penalty units.

Significant change, for a Part 141 operator, is defined by regulation 141.025 of CASR to mean any of a list of changes, including a change in relation to the location and operation of any of the Part 141 operator’s training bases, including the opening or closing of training bases (see subparagraph (a)(i) of the definition).

Responsibilities of head of operations of a Part 141 operator

Subregulation 141.130(1) of CASR provides that the head of operations of a Part 141 operator must safely manage the Part 141 operator’s authorised Part 141 flight training and subregulation 141.130(2) sets out the responsibilities of the head of operations, with respect to safely managing flight training.

Obligation to hold valid standardisation and proficiency check for operator

Regulation 141.185 of CASR provides that a Part 141 operator commits an offence if an instructor for the operator conducts authorised Part 141 flight training for the operator and the instructor does not hold a valid standardisation and proficiency check for the operator under regulation 141.190 of CASR. The penalty for the offence, which is one of strict liability, is 50 penalty units.

Subregulation 141.190(1) provides that an instructor for a Part 141 operator holds a valid standardisation and proficiency check for the operator if the instructor has successfully completed the operator’s standardisation and proficiency check, the check complies with check requirements under regulation 141.195 of CASR and the check is valid under subregulation 141.190(2) or (3).

Subregulation 141.190(2) provides that a standardisation and proficiency check is valid for the period comprising the period beginning on the day on which the check is completed and ending at the end of the month in which the check is completed, and for a period of 12 months after the month in which the check was completed.

Subregulation 141.190(3) provides that, if an instructor holds a standardisation and proficiency check that is valid under subregulation 141.190(2) (the existing check) and the instructor successfully completes a new standardisation and proficiency check on a day that is less than 3 months before the day on which the existing check is due to expire, the new check is valid for 12 months beginning at the end of the day on which the existing check expires.

Conduct of a valid standardisation and proficiency check for operator

Subregulation 141.195(1) provides that a Part 141 operator’s standardisation and proficiency check for an instructor must check the competency of the instructor to deliver ground briefings and flight training in an aircraft or flight simulation training device, in accordance with the Part 141 operator’s training syllabus, for the activity that the Part 141 operator has engaged the instructor to conduct.

Subregulation 141.195(2) provides that the check must be carried out by the relevant Part 141 operator’s head of operations or a person authorised to conduct the check by the Part 141 operator’s head of operations.

Content of operations manual of Part 141 operators

Subregulation 141.260(1) sets out the matters that must be included in the operations manual for a Part 141 operator, including organisational structure, accountabilities and responsibilities of key personnel, training activity and training aircraft and devices, operational policies, manuals and procedures, and change management processes. Those matters include:

• the address of each of the Part 141 operator’s training bases (subparagraph 141.260(1)(b)(ii))
• the facilities used by the Part 141 operator for the activities (paragraph 141.260(1)(p))
• a description of the Part 141 operator’s process for making changes, including identifying changes that are significant changes, identifying changes that are not significant changes and telling CASA of the changes (paragraph 141.260(1)(s)).

Power to grant exemptions

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

Under subregulation 11.160(2), an exemption may be granted to a person or a class of persons.

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

Under subregulation 11.175(4), in deciding whether to reissue an exemption, on application by a person, 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 renew 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 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 incorporate a document by reference

Under subsection 14(1) of the Legislation Act 2003 (the LA), a legislative instrument may make provision in relation to matters by applying, adopting or incorporating provisions of an Act or disallowable legislative instrument as in force at a particular time or as in force from time to time. A legislative instrument may also make provision in relation to matters by applying, adopting or incorporating any matter contained in any other instrument or writing as in force at, or before, the time the legislative instrument commences.

Under subsection 14(2) of the LA, unless the contrary intention appears, the legislative instrument may not make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time. However, subsection 98(5D) of the Act provides that, despite section 14 of the LA, a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.

Background

Background to the making of the repealed instrument in 2023

Part 141 flight training is recreational, private and commercial flight training, in contrast to Part 142 flight training which is more complex integrated and multi-crew flight training, and contracted training and checking. In effect, Part 141 flight training includes less complex training for the grant of some flight crew licences, ratings and endorsements that are conducted as a single-pilot operation.

In 2022, CASA made a commitment in the General Aviation Workplan to reassess the regulatory burden on general aviation with a view to ameliorating or reducing that burden where that could be done without adversely affecting aviation safety.

The single instructor Part 141 operator concept was identified as an opportunity to support general aviation. The repealed instrument, which was made in 2023, was designed to simplify the process of authorising a single individual instructor to conduct certain flight training under Part 141 of CASR.

The impetus for the granting of the exemptions in the repealed instrument was that, although an individual may apply for a CASR Part 141 flight training certificate, the provisions of Part 141 have a significant focus on organisational safety requirements that provide no, or limited, safety benefit if the Part 141 operator is a single flight instructor. The following are 2 examples.

Example 1: provisions about standardisation and proficiency checks

One of the critical elements driving the exemption is the requirement for an instructor to have a valid standardisation and proficiency check to conduct flight training activities for the Part 141 operator. This is based on an interpretation of the regulations that the head of operations is an instructor whereas the policy intent of the regulations is to not ordinarily require the head of operations to complete that check since they are the person setting the standards. Other considerations need to be addressed and policies reviewed and refreshed.

One of the obligations of the head of operations is to ensure each instructor holds a valid check (see subparagraph 141.130(4)(b)(iv) of CASR). Regulation 141.070 imposes a requirement on the chief executive officer and the head of operations to comply with that obligation. If there is non-compliance with that provision, the Part 141 operator commits an offence under regulation 141.075.

Each instructor of the Part 141 operator must, according to regulation 141.185, hold a valid standardisation and proficiency check. If the head of operations is also the sole instructor, the concept of standardisation is not relevant as the head of operations would be standardising themselves and that is unnecessary.

This means that, for a Part 141 operator who is a single individual, the safety benefits of an annual standardisation and proficiency check are adequately subsumed in the requirement under Part 61 of CASR that a flight instructor must have a prescribed and valid flight instructor proficiency check before conducting flight training. CASA considers that compliance with this requirement provides an acceptable level of aviation safety in relation to the competency for Part 141 flight training of an instructor who is both the Part 141 operator and the sole instructor.

Example 2: Background to exemptions about training bases

A change to the operation or location of a training base is usually a significant change which must be notified to CASA for safety assessment and approval. This can deliver material safety outcomes where the Part 141 operator is conducting complex flight training such as authorised Part 141 flight training for a flight crew licence category rating, for an instrument rating, or for an instructor rating.

However, the administrative burden associated with the notification, assessment and approval process yields little material safety benefit where the training base is for relatively less complex training activities, conducted at the smaller scale of a Part 141 operator who is or uses a sole instructor and is not conducting excluded flight training at the base.

CASA considers that an acceptable level of aviation safety is still delivered even if such operators are exempt from these requirements.

Background to continuation of exemptions in the repealed instrument

The instrument renews the exemptions in the repealed instrument, which expires at the end of 31 March 2026, on the same terms for a further three-year period. This will ensure continuity for single-instructor Part 141 operators as the circumstances underlying the need for the original exemption remain valid and operators rely upon the instrument. If the exemptions are not renewed, these operators may be in breach of multiple provisions of Part 141 of CASR from 1 April 2026.

In determining whether to renew the exemptions in the repealed instrument by making the instrument, CASA is required to have regard to the safety of air navigation as the most important consideration. In this case, CASA is satisfied that an acceptable level of aviation safety will be preserved, and the safety of air navigation thereby maintained.

Overview of instrument

Exemptions granted to a relevant Part 141 operator

The instrument grants exemptions from compliance with requirements in Part 141 of CASR to a Part 141 operator who is the sole individual who carries out the Part 141 flight training they are authorised to carry out or who uses a single individual for the purposes of carrying out of that authorised Part 141 flight training (called a relevant Part 141 operator in the instrument). A relevant Part 141 operator is exempt from the following:

• the requirement to obtain CASA’s approval to a significant change to the training bases where the operator conducts Part 141 flight training, other than excluded flight training
• the requirement to hold a valid standardisation and proficiency check
• the requirement to include in its operations manual the address of each of the operator’s training bases where it conducts Part 141 flight training, other than excluded flight training
• the requirement to include in its operations manual the operator’s process for making a significant change to the training bases where it conducts Part 141 flight training, other than excluded flight training, and for telling CASA about the change.

The exemptions granted to a relevant Part 141 operator are subject to the following conditions, to ensure an acceptable level of safety:

• the operator must notify CASA of the primary base for its Part 141 flight training, and of any change to the primary base
• the operator must have and comply with an operations manual that is fully consistent with the sample operations manual prepared by CASA for Part 141 operators with a sole instructor, as it is in force from time to time.

Exemptions granted to head of operations of a relevant Part 141 operator

The instrument also grants exemptions to the head of operations of a relevant Part 141 operator (being the sole instructor for the relevant Part 141 operator), who is exempt from:

• the requirement to hold a valid standardisation and proficiency check for the operator
• the requirement (as the sole instructor for the relevant Part 141 operator) to undergo an annual standardisation and proficiency check
  • the requirement to implement and manage a process for regularly assessing the suitability of the training bases where the relevant Part 141 operator conducts flight training, other than excluded flight training
  • the requirement to comply with each provision of Part 141 that applies to them, but only to the extent that each provision would otherwise apply in relation to a matter that is the subject of another exemption under the instrument.

Other exemptions

The instrument also grants exemptions to:

• the chief executive officer of a relevant 141 operator, who is exempt from requirements to comply with each provision of Part 141 that applies to them, but only to the extent that each provision would otherwise apply in relation to a matter that is the subject of another exemption under the instrument
• a relevant applicant, who is exempted from paragraph 141.055(2)(f) of CASR, which would otherwise require an application for a Part 141 certificate to include a written undertaking from the person appointed, or proposed to be appointed, as the applicant’s chief executive officer that, if CASA issues the certificate, the applicant will be capable of operating in accordance with its operations manual and the civil aviation legislation and will operate in accordance with its operations manual and civil aviation legislation. The exemption is only to the extent that the appointed or proposed chief executive officer would otherwise be required to give a written undertaking in relation to a matter that is the subject of an exemption under the instrument.

The exemptions applicable to a relevant Part 141 operator, the relevant Part 141 operator’s chief executive officer and the relevant Part 141 operator’s head of operations are subject to the condition that the relevant Part 141 operator, the officer and the head must each ensure that the relevant Part 141 operator complies with the conditions that apply to it.

Documents incorporated by reference

The instrument contains references to 2 related documents — the operations manual of a relevant Part 141 operator and the sample operations manual prepared by CASA for Part 141 operators with a sole instructor. In particular, paragraph 8(1)(b) of the instrument makes it a condition of the exemptions that apply to a relevant Part 141 operator that the relevant Part 141 operator must have, and comply with, an operations manual that is fully consistent with the sample operations manual prepared by CASA for Part 141 operators with a sole instructor, as it is in force from time to time.

In accordance with paragraph 15J(2)(c) of the LA, the following is a description of the documents incorporated by reference into the legislative instrument, how they are incorporated, the organisation responsible for each document and how they may be obtained.

Operations manual

The operations manual of a relevant Part 141 operator is a document, or suite of documents, that specifies the scope of the operations and activities conducted by the operator, and sets out the plans, processes, procedures, programs and systems implemented by the operator to comply with the civil aviation legislation.

Only the provisions of an operator’s operations manual that are about the subject of matters under the exemptions are incorporated in the instrument.

Those provisions are incorporated as in force or existing from time to time (which is authorised by subsection 98(5D) of the Act, despite subsection 14(2) of the LA). This is because the definition of operations manual in regulation 141.030 of CASR provides that if the set of documents that form the operations manual for an operator change, a reference to the operations manual is a reference to the set of documents as changed.

An operations manual is not publicly or freely available. It is proprietary to the relevant Part 141 operator who owns its intellectual property and the manual will generally include commercial-in-confidence information about the relevant Part 141 operator’s business. The incorporated requirements of an operations manual are at the relevant Part 141 operator‑specific level and apply only to the relevant Part 141 operator and persons they use to provide Part 141 flight training. Further, the relevant Part 141 operator is under obligations to make the operations manual available to persons who have obligations under the document.

CASA would normally, as far as practicable, make arrangements with any relevant operator to make a suitably redacted copy of the operations manual available for requested inspection by appointment at a relevant CASA office.

Sample operations manual prepared by CASA

The sample operations manual prepared by CASA for Part 141 operators with a sole instructor is incorporated as in force from time to time by paragraph 8(1)(b) of the instrument. This is authorised by subsection 98(5B) of the Act, which provides that, despite section 14 of the LA, a legislative instrument made under the Act or under the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing, as in force or existing at a particular time or as in force or existing from time to time; even if the other instrument or writing does not yet exist when the legislative instrument is made.

Unlike the operations manual of a relevant Part 141 operation, CASA’s sample operations manual for individual Part 141 operators is available for free on the CASA website.

Content of instrument

Preliminary provisions

Section 1 names the instrument.

Section 2 provides that the instrument commences on 1 April 2026 and is repealed at the end of 31 March 2029.

Section 3 provides that the instrument applies, with respect to Part 141 flight training conducted by a relevant Part 141 operator, to:

(a) a relevant Part 141 operator;

(b) the relevant Part 141 operator’s chief executive officer;

(c) the relevant Part 141 operator’s head of operations;

(d) the relevant Part 141 operator’s sole instructor;

(e) a relevant applicant.

Section 4 includes key definitions. In particular:

excluded flight training is defined to mean authorised Part 141 flight training for any of the following:

(a) a flight crew licence category rating;

(b) an instrument rating;

(c) an instructor rating.

relevant Part 141 operator is defined to mean a Part 141 operator (whether incorporated or otherwise) who:

(a) is the sole individual who carries out the Part 141 flight training mentioned in the operator’s Part 141 certificate; or

(b) use a single individual for the purposes of carrying out the Part 141 flight training mentioned in the operator’s Part 141 certificate.

Exemptions that apply to chief executive officer of a relevant Part 141 operator

Paragraph 5(1)(a) exempts the chief executive officer of a relevant Part 141 operator from compliance with subparagraph 141.070(b)(i) of CASR, which includes in the conditions of a Part 141 certificate a requirement that each of the relevant Part 141 operator’s key personnel (which includes its chief executive officer) must comply with each provision of Part 141 that applies to the person. The chief executive officer is exempt only to the extent that each provision would otherwise apply in relation to a matter that is the subject of another exemption under the instrument, that is, if subparagraph 141.070(b)(i) would otherwise impose on a relevant Part 141 certificate compliance obligations that are the subject of the instrument.

Paragraph 5(1)(b) exempts the chief executive officer of a relevant Part 141 operator from compliance with subregulation 141.075(1), which provides that a Part 141 operator commits an offence if the operator contravenes a condition of its Part 141 certificate. The chief executive officer is exempt only to the extent that each provision would otherwise apply in relation to a matter that is the subject of another exemption under the instrument, that is, if subregulation 141.075(1) would otherwise make it an offence to contravene matters where compliance is already the subject of the exemption.

Subsection 5(2) provides that the exemptions in subsection 5(1) are subject to the conditions mentioned in subsection 8(2).

Exemptions that apply to head of operations of a relevant Part 142 operator

Paragraph 6(1)(a) exempts the head of operations of a relevant Part 141 operator from compliance with subparagraph 141.070(b)(i) of CASR, which includes in the conditions of a Part 141 certificate a requirement that each of the relevant Part 141 operator’s key personnel (which includes its head of operations) must comply with each provision of Part 141 that applies to the person. The head of operations is exempt only to the extent that each provision would otherwise apply in relation to a matter that is the subject of another exemption under the instrument, that is, if subparagraph 141.070(b)(i) would otherwise impose on a relevant Part 141 certificate compliance obligations that are the subject of the instrument.

Paragraph 6(1)(b) exempts the head of operations of a relevant Part 141 operator from compliance with subregulation 141.075(1), which provides that a Part 141 operator commits an offence if the operator contravenes a condition of its Part 141 certificate. The head of operations is exempt only to the extent that each provision would otherwise apply in relation to a matter that is the subject of another exemption under the instrument, that is, if subregulation 141.075(1) would otherwise make it an offence to contravene a condition relating to matters where compliance is already the subject of the exemption.

Subsection 6(2) exempts the relevant Part 141 operator’s head of operations from compliance with paragraph 141.130(2)(h), which includes in the responsibilities of the head of operations of a Part 141 operator the responsibility to safely manage the operator’s authorised Part 141 flight training and ensure compliance with the requirements mentioned in subregulation 141.130(4).

The head of operations is exempt only to the extent of the requirement under subparagraph 141.130(4)(b)(iv), which requires the head of operations to ensure that the sole instructor for a Part 141 operator holds a valid standardisation and proficiency check for the operator under regulation 141.190. Regulation 141.190 provides that an instructor for a Part 141 operator holds a valid standardisation and proficiency check for the operator if the instructor has successfully completed the relevant Part 141 operator’s standardisation and proficiency check, the check complies with check requirements under regulation 141.195 and the check is valid under subregulation 141.190(2) or (3).

Subsection 6(3) exempts the relevant Part 141 operator’s head of operations, for operations that are not excluded flight training, from compliance with paragraph 141.130(2)(o), which imposes on the head of operations obligations relating to implementing and managing the relevant Part 141 operator’s processes for identifying and addressing deficiencies in training outcomes for the relevant Part 141 operator’s authorised Part 141 training, including the processes mentioned in subregulation 141.130(5).

The relevant Part 141 operator’s head of operations is exempted only to the extent that a requirement under paragraph 141.130(5)(d) relates to training bases where the relevant Part 141 operator conducts flight training, other than excluded flight training. Paragraph 141.130(5)(d) would otherwise make the head of operations responsible for regularly assessing the suitability of the relevant Part 141 operator’s training bases. A note to the subsection points out that, under paragraph 141.130(2)(o), the head of operations is responsible for implementing and managing the operator’s process mentioned in paragraph 141.130(5)(d), namely, a process for regularly assessing the suitability of the operator’s facilities.

Subsection 6(4) provides that the exemptions in subsections 6(1), (2) and (3) are subject to the conditions mentioned in subsection 8(1).

Exemptions that apply to relevant Part 141 operators

Subsection 7(1) exempts a relevant Part 141 operator from compliance with subregulation 141.085(1), which would otherwise make it an offence for the relevant Part 141 operator to make a significant, unapproved, change to its training bases where it conducts Part 141 flight training, other than excluded flight training.

Subsection 7(2) exempts the relevant Part 141 operator from compliance with subregulation 141.185(1), which would otherwise make it an offence of strict liability if an instructor for the relevant Part 41 operator conducts authorised Part 141 flight training and the instructor does not hold a valid standardisation and proficiency check for the relevant Part 141 operator. The relevant Part 141 operator is exempt only to the extent that the operator’s sole instructor fails to hold a valid standardisation and proficiency check for the relevant Part 141 operator under regulation 141.190.

Subsection 7(3) exempts the relevant Part 141 operator from compliance with regulation 141.195, which provides that a Part 141 operator’s standardisation and proficiency check for an instructor must check the competency of the instructor to deliver ground briefings and flight training in an aircraft or flight simulation training device in accordance with the relevant Part 141 operator’s training syllabus, for the activity that the relevant Part 141 operator has engaged the instructor to conduct. Regulation 141.195 also provides that the check must be carried out by the relevant Part 141 operator’s head of operations or a person authorised to conduct the check by the relevant Part 141 operator’s head of operations.

The relevant Part 141 operator is exempt only to the extent that the operator’s sole instructor fails to hold a valid standardisation and proficiency check for the relevant Part 141 operator under regulation 141.185.

Paragraph 7(4)(a) exempts the relevant Part 141 operator from compliance with subparagraph 141.260(1)(b)(ii), which would otherwise require the relevant Part 141 operator’s operations manual to include the address of each of the relevant Part 141 operator’s training bases where it conducts flight training, other than excluded flight training. The relevant Part 141 operator is exempt only in relation to the training bases where it conducts Part 141 flight training, other than excluded flight training.

Paragraph 7(4)(b) exempts the relevant Part 141 operator from compliance with paragraph 141.260(1)(s), which would otherwise require the relevant Part 141 operator’s operations manual to include the relevant Part 141 operator’s process for making a significant change to its training bases where it conducts Part 141 flight training, other than excluded flight training and for telling CASA of the change. The relevant Part 141 operator is exempt only in relation to the location of the training bases where it conducts Part 141 flight training, other than excluded flight training.

Paragraph 7(5)(a) exempts the relevant Part 141 operator from compliance with subparagraph 141.070(a)(i) of CASR, which would otherwise impose on a Part 141 certificate prescribed conditions relating to compliance with provisions of Part 141 that the operator is exempted from.

Paragraph 7(5)(b) exempts the relevant Part 141 operator from compliance with subregulation 141.075(1), which would otherwise make it an offence to contravene a condition relating to matters where compliance is already the subject of the exemption.

Subsection 7(6) provides that the exemptions in subsections 7(1), (2), (3), (4) and (5) are subject to the conditions mentioned in section 8.

Conditions to which exemptions are subject

Paragraph 8(1)(a) makes it a condition of each exemption in the instrument that is applicable to a relevant Part 141 operator that the relevant Part 141 operator must ensure that CASA is notified of the relevant Part 141 operator’s primary base for its Part 141 flight training, and of any change to the primary base.

Paragraph 8(1)(b) makes it a condition of each exemption in the instrument that is applicable to a relevant Part 141 operator that the relevant Part 141 operator must have and comply with an operations manual that is fully consistent with the sample operations manual prepared by CASA for Part 141 operators with a sole instructor, as it is in force from time to time, and provided free on the CASA website.

Subsection 8(2) makes it a condition of each exemption in the instrument that is applicable to a relevant Part 141 operator, or the relevant Part 141 operator’s chief executive officer or head of operations, that the relevant Part 141 operator, the chief executive officer and the head of operations must each ensure compliance with the conditions under subsection 8(1).

Exemption of certain applicants for a Part 141 certificate from obligation to include undertaking in application

Section 9 applies to a relevant applicant, which is defined in section 3 as a person who applies to CASA for a Part 141 certificate with the intention, conveyed to CASA in writing, of being the sole individual who carries out the Part 141 flight training mentioned in any Part 141 certificate granted to the person or using a single individual for the purposes of carrying out the Part 141 flight training mentioned in any Part 141 certificate granted to the person.

Section 9 exempts a relevant applicant from paragraph 141.055(2)(f) of CASR, which would otherwise require an application for a Part 141 certificate to include a written undertaking from the person appointed, or proposed to be appointed, as the applicant’s chief executive officer that, if CASA issues the certificate, the applicant will be capable of operating, and will operate, in accordance with its operations manual and the civil aviation legislation.

A relevant applicant is exempt only to the extent that the appointed or proposed chief executive officer would otherwise be required to give a written undertaking in relation to a matter that is the subject of an exemption under the instrument.

When instrument ceases to have effect

Section 10 provides that the instrument ceases to have effect for a person who becomes a relevant Part 141 operator having the benefit of section 9 and fails to operate within the scope of their Part 141 certificate or the instrument.

Legislation Act 2003

Paragraph 98(5A)(a) of the Act provides that the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation, or the maintenance, of aircraft. Additionally, paragraph 98(5AA)(a) of the Act 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.

Section 3 of the instrument provides that the instrument applies, for Part 141 flight training conducted by a relevant Part 141 instructor, to specified classes of persons, namely, the relevant Part 141 operator, the relevant Part 141 operator’s chief executive officer, head of operations and sole instructor, and a relevant applicant.

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 (item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015).

However, the instrument will be repealed at the end of 31 March 2029, which will occur before the sunsetting provisions would have repealed the instrument if they had applied. Any renewal of the 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.

Consultation

Under section 16 of the Act, in performing its functions and exercising its powers, CASA must consult government, commercial, industrial, consumer and other relevant bodies and organisations insofar as CASA considers such consultation to be appropriate.

Under section 17 of the LA, before a legislative instrument is made, CASA must be satisfied that it has undertaken any consultation it considers appropriate and practicable in order to draw on relevant expertise and involve persons likely to be affected by the proposals.

Exemptions from regulatory requirements are considered to be beneficial for those to whom they apply, who voluntarily elect to take advantage of them, and who comply with their conditions. It is, therefore, rarely necessary to engage in extensive public consultation on a proposed exemption. However, it is CASA’s policy to consult, where possible, in an appropriate way with those parts of the aviation industry most likely to avail themselves of, or be affected by, an exemption so that they may have the opportunity to comment on the possible or likely terms, scope and appropriateness of the exemption.

There has been no specific formal consultation on the instrument. However, there has been informal consultation with relevant, impacted, operators.

In addition, before the repealed instrument was made, it was widely known within the relevant sectors of the aviation industry that the General Aviation Workplan would progressively generate relieving exemption instruments of this kind.

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; and

(c) a valuation of the impact, in terms of direct costs on individuals and businesses affected by the instrument to comply with the different requirements. This valuation is consistent with the principles of best practice regulation of the Australian Government; and

(d) a valuation of the impact the different requirements 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; and

(e) consideration of community impacts, beyond those direct impacts on individuals and businesses affected by the instrument, that are relevant if the instrument were to result in flow‑on effects to other aviation businesses, or local non-aviation businesses that experience a change in their activity due to the instrument.

As the instrument replaces an expiring instrument with the same (or largely the same) provisions and conditions, there will be no change of economic or cost impact on individuals, businesses or the community.

The instrument will relieve those Part 141 operators who are eligible to take the benefit of it of the costs and administrative overheads associated with annual standardisation and proficiency checks, and relevant training base notifications and approvals. It is not considered that compliance with the conditions of the exemptions will generate additional costs as compared to the costs of compliance with the provisions to which the exemptions apply.

The repealed instrument expires on 31 March 2026. If the exemptions in the repealed instrument are not replaced (by making the instrument), there would be a significant financial impact on relevant Part 141 operators who would be required to fully comply with Part 141 of CASR with likely negative impacts such as ceasing operations and significantly increased costs.

Impact on regional and remote communities

There are no identified rural and regional impacts that differ in any material way from the general economic and cost impacts, or sector risks described above. At the time the repealed instrument was being prepared, many in the general aviation community believed it would allow flight training to spread into regions that could not otherwise support a Part 141 operation.

Office of Impact Analysis (OIA)

An Impact Analysis (IA) is not required in this case, as the exemption is covered by a standing agreement between CASA and OIA under which an IA is not required for exemptions (OIA reference number: OIA23-06252).

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.

Making and commencement

The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260(1) of CASR.

The instrument commences on 1 April 2026 and is repealed at the end of 31 March 2029.

Attachment 1

Statement of Compatibility with Human Rights

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

CASA EX29/26 – Part 141 operators using a sole instructor – Exemption 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 continue the operation of exemptions from several provisions of Part 141 of the Civil Aviation Safety Regulations 1998 (CASR) which regulates non-complex flight training for the issue of recreational, private and commercial pilot licences and certain operational ratings. Those exemptions were first granted in 2023 to make it easier and less expensive for Part 141 flight training to be conducted as a single-person operation (in colloquial terms “a one person business”), where an operator either conducts the Part 141 flight training themselves or uses a single individual to carry out the responsibilities of an operator and conduct the relevant training. (Each of these persons is called a relevant Part 141 operator in the instrument.)

The exemptions continued by the instrument relieve a relevant Part 141 operator, its chief executive officer and its head of operations (who will be the same person) of some of the administrative burden associated with the requirements to undergo an annual standardisation and proficiency check, and the requirement to notify the Civil Aviation Safety Authority (CASA) of, and obtain its approval for, any change to the training bases where the operator conducts certain training, other than excluded flight training. (Excluded flight training is authorised Part 141 flight training for a flight crew licence category rating, an instrument rating or an instructor rating. These are more complex Part 141 flight training activities and the relevant training bases for them are not covered by the relevant exemption.)

The exemptions are subject to conditions, including an obligation to have and comply with an operations manual that is fully consistent with the sample operations manual prepared by CASA for Part 141 operators with a sole instructor, as it is in force from time to time.

The instrument also grants an exemption to applicants who wish to become Part 141 operators operating only in accordance with the exemption. Such applicants are granted an exemption from some elements of the application process that could not otherwise be complied with where the essential purpose of the application is to gain the benefit of the exemption.

The instrument replaces CASA EX39/23 – Part 141 operators using a sole instructor – Exemption Instrument 2023, which commenced on 5 April 2023 and expires at the end of 31 March 2026, as the circumstances underlying the need for the original exemption remain valid and operators rely upon the exemptions in the repealed instrument. If the exemptions are not renewed, those operators may become non-compliant with Part 141 of CASR.

Human rights implications

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

• the right to life under Article 6 of the International Covenant on Civil and Political Rights (the ICCPR)
• the right to safe and healthy working conditions under Article 7 of the International Covenant on Economic, Social and Cultural Rights (the ICESCR)
• the right to work under Article 6 of the ICESCR.

Right to life under the ICCPR

Right to safe and healthy working conditions under the ICESCR

This engagement is in the context of CASA’s statutory purpose. The aim of CASA and its regulatory framework is to uphold aviation safety by prescribing the conduct of individuals and organisations involved in civil aviation operations, including flight training operations. It is, therefore, a threshold requirement for all CASA legislative instruments that they preserve, promote and enhance aviation safety.

While the instrument relieves certain relevant Part 141 operators engaged in less complex Part 141 flight training of otherwise applicable requirements, the safety impact of those requirements is considered to be minimal, in practice immaterial, and more than offset by the requirement in the conditions that operators must use and comply with the sample operations manual specifically prepared by CASA for Part 141 operators with a sole instructor. These arrangements will contribute to an acceptable level of aviation safety and hence promote the 2 applicable rights.

Right to work under the ICESCR

Adhering to the terms and conditions of this legislative instrument may impose initial but minor overhead cost on relevant Part 141 operators and may, theoretically, consequently affect the right to work through cost-induced reduction in opportunities for work. However, such overhead costs are so small compared to those that would otherwise arise without the exemption, that any impact is, in the context, hypothetical, and would, in any event, almost certainly be immaterial.

Conclusion

This legislative instrument is compatible with human rights and to the extent that it may engage certain rights it does so in a way that is reasonable, necessary and proportionate in the interests of aviation safety.

Civil Aviation Safety Authority