CASA EX81/13 - Exemption - from having training and checking organisation

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2013L01493 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — from having a training and checking organisation

 

Legislation

Subsection 98 (5A) of the Civil Aviation Act 1988 (the Act) provides that the regulations may empower CASA to issue instruments in relation to the following:

(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft; or

(b) the airworthiness of, or design standards for, aircraft.

Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of these Regulations (including the Civil Aviation Regulations 1988 (CAR 1988)) or a provision of the Civil Aviation Orders in relation to a matter mentioned in that subsection.

Under subregulation 11.160 (2) of CASR 1998, an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 

Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation.

 

Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet.

 

Under subregulation 11.230 (1) of CASR 1998, an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.

 

Subregulation 217 (1) of CAR 1988 requires that the operator of a regular public transport service, the operator of any aircraft with a maximum take-off weight of more than 5 700 kg, or any operator that CASA specifies, must provide a training and checking organisation.

 

Background

A training and checking organisation is intended to ensure that operating crews employed by the operator maintain their competency. The training and checking organisation and the tests and checks for which it provides are, under subregulation 217 (3) of CAR 1988, subject to approval by CASA.

 

As a result of increases in the size of aerial work aircraft, operators using large aerial work aircraft with a maximum take-off weight that exceeds 5 700 kg are subject to subregulation 217 (1) and are required to have training and checking organisations. Aerial application operations are prescribed in Part 137 of CASR 1998 and include a flight that is carried out for the purpose of applying application material i.e. fertilisers, trace elements, seeds, baits, water, pesticides or other material. For operations of that kind, CASA considers that a formal training and checking organisation is not appropriate and imposes an unnecessary burden on the operators. Therefore, the exemption exempts aerial work operators from compliance with subregulation 217 (1) of CAR 1988.

 

The exemption is subject to various conditions. The aircraft must be used exclusively for aerial application operations and the operations must be conducted in accordance with the relevant operations manual.

 

Legislative Instruments Act

Exemptions issued under regulation 11.160 of CASR 1998 are issued under subsection 98 (5A) of the Act which states that the regulations may empower CASA to issue an instrument relating to the safe navigation and operation, or the maintenance, of aircraft. Subsection (5AA) of the Act states that an instrument issued under paragraph (5A) (a) is a legislative instrument if it applies to a class of persons. This exemption applies to a class of persons and so is a legislative instrument.

 

As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).

 

Consultation

Consultation under section 17 of the LIA has not been undertaken in this case. The instrument renews a previous instrument, CASA EX92/11. That exemption was granted to overcome an unintended consequence of size increases in aerial work aircraft. It had been the intention of CASA that Subpart N of Part 137 which deals with pilot qualifications for carrying out aerial application operations and annual checks for those pilots would take the place of training and checking organisations. However the increases in the size of aerial work aircraft used for aerial application operations has led to some of those aircraft exceeding the 5 700 kilograms maximum take-off weight that triggers the application of subregulation 217 (1) of CAR 1988. It was never CASA’s policy that aircraft operators engaged in aerial application operations should be required to have a formal training and checking organisation. Accordingly, the instrument is considered to be of a machinery nature to remove what CASA considers an unintended anomaly in the effect of subregulation 217 (1). The exemption will have no effect on the manner in which the aerial work industry currently operates and will avoid unnecessary disruption and expense.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Making and commencement

The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.

 

The instrument commences on 1 August 2013. It will expire at the end of 31 July 2016, as if it had been repealed by another instrument.

 

[Instrument number CASA EX81/13]

Attachment 1

Statement of Compatibility with Human Rights

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

 

Exemption — from having a training and checking organisation

 

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 legislative instrument exempts operators using large aerial work aircraft with a maximum take-off weight that exceeds 5 700 kg from compliance with
subregulation 217 (1) which would require them to have training and checking organisations.

 

The primary purpose of the legislative instrument is to continue to allow those aircraft to continue to operate as they currently do.

 

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

Overview

The Civil Aviation Safety Regulations 1998, as amended by the exemption instrument F2013L01493, address a specific issue concerning the requirement for certain aerial work operators to have a training and checking organisation. This exemption was introduced to address the unintended consequence of increased aircraft size, which resulted in some aerial work aircraft exceeding the 5,700 kg maximum take-off weight threshold, thereby triggering the requirement for a training and checking organisation under subregulation 217(1) of the Civil Aviation Regulations 1988. The exemption, issued by the Civil Aviation Safety Authority (CASA) under its powers granted by the Civil Aviation Act 1988, allows operators of large aerial work aircraft used exclusively for aerial application operations to be exempt from the training and checking organisation requirement. The policy objective is to ensure the continued operation of these aircraft without unnecessary regulatory burden, thereby maintaining safety and efficiency within the aerial work industry. This legislative instrument, subject to the Legislative Instruments Act 2003, was made by a delegate of CASA and commenced on 1 August 2013, expiring on 31 July 2016.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998), as amended by F2013L01493, provide exemptions for certain aerial work operators from the requirement to have a training and checking organisation. This exemption applies to operators who use large aerial work aircraft with a maximum take-off weight exceeding 5,700 kg and are engaged exclusively in aerial application operations. The exemption allows these operators to continue their current operations without the burden of establishing and maintaining a formal training and checking organisation, as deemed unnecessary by the Civil Aviation Safety Authority (CASA). This legislative instrument is a response to the unintended consequence of aircraft size increases, ensuring that the operations remain undisrupted and cost-effective. The exemption is subject to conditions, such as the exclusive use of the aircraft for specified operations and adherence to relevant operations manuals. The exemption is subject to parliamentary scrutiny and disallowance, and it was made under the authority delegated by CASA. The exemption also ensures compatibility with human rights, as it does not engage any applicable rights or freedoms.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) allow the Civil Aviation Safety Authority (CASA) to issue exemptions under subregulation 11.160(1) to persons or classes of persons from provisions of the regulations or orders if it is necessary for safety reasons (subsection 98(5A) of the Civil Aviation Act 1988). An exemption may be granted to a person, or a class of persons, and can specify the class by reference to membership of a specified body or any other characteristic (subregulation 11.160(2) of CASR 1998). CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation (subregulation 11.205(1) of CASR 1998). The exemption must be published on the Internet (regulation 11.225 of CASR 1998) and it ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement (subregulation 11.230(1) of CASR 1998). Under subregulation 217(1) of the Civil Aviation Regulations 1988 (CAR 1988), certain aircraft operators, including those providing regular public transport services, those operating aircraft with a maximum take-off weight of more than 5,700 kg, or any operator that CASA specifies, must provide a training and checking organisation. This is intended to ensure that operating crews maintain their competency, and the training and checking organisation and the tests and checks for which it provides are subject to approval by CASA (subregulation 217(3) of CAR 1988). However, CASA has determined that for aerial work operators using large aircraft, a formal training and checking organisation is not appropriate and imposes an unnecessary burden on the operators. Therefore, the exemption exempts aerial work operators from compliance with subregulation 217(1) of CAR 1988, provided the aircraft are used exclusively for aerial application operations and the operations are conducted in accordance with the relevant operations manual. The obligations imposed by the exemption include ensuring that the aircraft are used exclusively for aerial application operations and that the operations are conducted in accordance with the relevant operations manual. CASA has the authority to impose conditions on the exemption if it deems necessary for the safety of air navigation. The exemption is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003 (LIA). The exemption is considered a legislative instrument because it applies to a class of persons and has been issued under the authority of the Civil Aviation Act 1988. Any breach of the conditions of the exemption could result in civil or criminal penalties, as the exemption is subject to the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The specific penalties for breach would depend on the nature and severity of the breach, but could include fines, imprisonment, or both. The exemption is also subject to the human rights scrutiny provisions of the Human Rights (Parliamentary Scrutiny) Act 2011, and a Statement of Compatibility with Human Rights is provided to demonstrate that the exemption is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Act.

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Area of Law
Civil Aviation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Exemptions & Exclusions
Compliance Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.