Civil Aviation Legislation Amendment (Minor Changes) Regulations 2026

EXPLANATORY STATEMENT

Issued by the authority of the Minister for Infrastructure, Transport, Regional Development and Local Government

Civil Aviation Act 1988

Civil Aviation Legislation Amendment (Minor Changes) Regulations 2026

The Civil Aviation Legislation Amendment (Minor Changes) Regulations 2026 (the Amendment Regulations) make several minor amendments to the Civil Aviation Safety Regulations 1998 (CASR) and the Civil Aviation Regulations 1988 (CAR). These amendments update and improve the CASR and CAR to better support civilian aviation in Australia, while maintaining an acceptable level of aviation safety.

Legislative authority

The Civil Aviation Act 1988 (the Act) establishes the regulatory framework for maintaining, enhancing and promoting the safety of civil aviation, with particular emphasis on preventing aviation accidents and incidents.

Subsection 98(1) of the Act provides, in part, that the Governor‑General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. Subsection 98(1) also provides that the Governor‑General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to aviation safety, and in relation to the safety of air navigation.

Subsection 9(1) of the Act specifies, in part, that CASA has the function of conducting the safety regulation of civil air operations in Australian territory by means that include developing and promulgating appropriate, clear and concise aviation safety standards and issuing certificates, licences, registrations and permits.

The CASR and the CAR are made under the Act. Subsection 98(5D) of the Act provides that 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.

Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, 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.

Amendments

The Amendment Regulations comprise 4 schedules that amend various Parts of the CASR and CAR as set out below.

Schedule 1 amends the flight crew suite of regulations, being CASR Part 61 (Flight Crew Licensing), CASR Part 141 (Recreational, private and commercial pilot flight training, other than certain integrated training courses), and CAR Part 5 (Balloon Flight Crew Licensing). CASR Part 61 and its Manual of Standards (MOS) set out the licensing scheme for pilots and flight engineers, including the standards for the issue of flight crew licences. CASR Part 141 sets out the requirements and standards for Part 141 flight training authorisations and flight training other than integrated training relating to recreational, private and commercial pilots. Part 5 of the CAR sets out the requirements that apply to commercial pilot (balloon) licences and flight radiotelephone operator licences for balloon pilots, and empowers CASA to make Civil Aviation Orders about the requirements that apply to balloon flight crew ratings and balloon class endorsements.

The amendments update Parts 61 and 141 of CASR and Part 5 of CAR to correct minor errors and incorporate several exemptions into the CASR and CAR to enable pilots to attain qualifications. This provides greater flexibility in the recurrent proficiency checking requirements for pilots and removes redundant offence provisions. The exemptions are legislative instruments that were made under the CASR to temporarily address or provide relief for issues identified following the commencement of Part 61 pending amendment to the CASR and CAR, and are:

• CASA EX76/24 – CAR Part 5 – Exemption Instrument 2024, which exempts applicants for commercial pilot (balloon) licences from requirements under regulation 5.138 of the CAR that they must hold a private pilot certificate (balloons) issued by the Australian Ballooning Federation (ABF). This reflected that the ABF ceased issuing these certificates on 2 December 2023 and that CASA is now responsible for authorisations for private balloon pilots and issues private pilot (balloon) permits.
• CASA EX32/24 – Flight Crew Licensing and Other Matters (Miscellaneous Exemptions Instrument 2024 (Parts 4, 5, 15 and 17). Part 4 exempts pilots from having to complete multiple instrument proficiency checks (IPC) for similarly complex aircraft. Part 5 exempts pilots from having to complete multiple flight reviews in similarly complex aircraft. Part 15 addresses previous feedback relating to flight reviews for the low-level rating and flight review requirements for aerial mustering operations. Part 17 removed erroneous offence provisions that remained in the CASR following earlier changes to CASR Part 61 in relation to basic instrument flight training in certain non-integrated training courses.

The amendments in Schedule 1 incorporate the effect of these exemptions into the CASR and CAR. As such, the exemptions are no longer needed and will be repealed at the commencement of the amendments of Schedule 1.

Schedule 2 amends CASR Part 21 (Certification and airworthiness requirements for aircraft and parts). Part 21 and its MOS set out the certification and airworthiness requirements for aircraft and aircraft parts, including among other things, the rules relating to type certificates.

The Amendment Regulations provide a type certification pathway for ex-military aircraft in the restricted category to carry out certain kinds of special operations on the basis that a formal engineering analysis finding that the aircraft is expected to be safe when operated within the limitations prescribed for its intended use. Previously, this pathway was limited to aircraft from the Australian Defence Force, or the armed forces of Canada, the United Kingdom (UK) or the United States of America (US). This amendment allows for any person to apply for a Type Certificate in the restricted category for an aircraft from any non-civilian source.

Increasingly, ex-miliary aircraft are being used in the special purpose operation of firefighting. The amendments provide improved options for aircraft and equipment that may be used in the Australian environment by broadening the applicability of aircraft that are eligible for a type certificate in the restricted category for special purpose operations. Removal of the sovereign source of the aircraft and placing more emphasis on the technical data and service history records allows for a more appropriate airworthiness safety assessment of the aircraft for the intended special purpose operation. This is supported by changes to the Part 21 MOS to add the technical criteria for making an application for a type certificate. The amendments also enable the Part 21 MOS to prescribe other special purpose operations for these aircraft.

Schedule 3 amends CASR Part 101 (Unmanned aircraft and rockets). Part 101 and its MOS set out the rules for unmanned aeronautical activities, including among other things, the rules for the operation of Remotely Piloted Aircraft (RPA).

The amendments provide more flexibility both in relation to the kinds of certificates of airworthiness that are permitted for operations of large RPA, and the circumstances where a certificate of airworthiness is not required for operations of large RPA. The amendments are supported by associated provisions in the Part 101 MOS. To maintain safety standards for the RPA sector, operators of large RPA continue to be required to hold a Remotely Piloted Operators’ Certificate and operations of large RPA must be covered by a risk assessment that is acceptable to CASA.

Schedule 4 amends CASR Part 66 (Continuing airworthiness-aircraft engineer licences and ratings). Part 66 and its MOS set out the requirements for the training, qualification and licensing of aircraft maintenance engineers.

The amendments permit the holder of an aircraft engineer licence to utilise the Part 66 self-study pathway for exclusion removal training, to remove an exclusion from the category or subcategory of a licence. This reintroduces a level of flexibility for aircraft maintenance engineer training, without decreasing any existing training and experience standards.

Further details of the Amendment Regulations are set out in Attachment A.

Consultation

The Amendment Regulations follow extensive public consultation with industry stakeholders. CASA considered all of the feedback and comments received through each industry consultation. Overall, consultation indicated broad support for the Amendment Regulations. In relation to the amendments proposed by:

• Schedule 1, these follow extensive consultation with industry since commencement of CASR Part 61 in 2014, where several unintended consequences were identified. Consulted solutions were developed for these issues with exemptions created to provide interim relief for affected persons. These were previously consulted on through various industry representative groups. Public consultation on the proposed amendments to incorporate the exemptions into the CASR was also undertaken. This consultation opened on 30 July 2025 and closed on 27 August 2025, with CASA publishing a Summary of Consultation on 7 October 2025. Detail of this consultation can be accessed at CASA’s Consultation Hub (consultation CD 2516FS). This consultation indicated that industry is supportive of the exemptions being incorporated into the CASR and CAR. Amendments in Schedule 4 to correct minor errors, such as typographical errors, are machinery in nature and have therefore not been subject to consultation.
• Schedule 2, consultation opened on 28 October 2025 and closed on 25 November 2025. CASA published a Summary of Consultation on 28 January 2026. Detail of this consultation can be accessed at CASA’s Consultation Hub (consultation CD 2514MS). Consultation indicated that there was general support to expand eligibility to apply for type certification in the restricted category, with most stakeholders positive about removing the criteria for generic sovereign source requirements and replacing with empirical evidence using operational history and supporting technical data to assess airworthiness.
• Schedule 3, the proposed amendments and associated changes to the Part 101 MOS were consulted with an industry Technical Work Group and broader industry in 2025. The broader industry consultation opened on 21 October 2025 and closed on 21 November 2025. CASA published a Summary of Consultation on 27 January 2026. Detail of this consultation can be accessed at CASA’s Consultation Hub (consultation CD 2512MS). Consultation confirmed broad support for the proposed changes. 
• Schedule 4, consultation opened on 3 October 2025 and closed on 31 October 2025. CASA published a Summary of Consultation on 2 December 2025. Detail of this consultation can be accessed at CASA’s Consultation Hub (consultation CD 2517MS). Many stakeholders indicated support and noted that the proposed exclusion removal self-study pathway would be a good step forward for industry.

Sector risk, economic and cost impact

CASA considers that the amendments are of overall benefit to industry by providing additional flexibility, correcting minor errors to give greater clarity to the regulations and incorporating long-standing exemptions. Safety risk analyses indicate that the proposed amendments preserve an acceptable level of aviation safety. The amendments are also be expected to have no adverse cost or economic impacts.

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment B is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

ATTACHMENT A

Details of the Civil Aviation Legislation Amendment (Minor Changes) Regulations 2026

Section 1 – Name of Regulations

This section provides the name of this instrument is the Civil Aviation Legislation Amendment (Minor Changes) Regulations 2026.

Section 2 – Commencement

This section provides the commencement details for this instrument.

Subsection 2(1) provides a table, outlining which provisions of this instrument (specified in column 1) commence at which time (specified in column 2).

Section 3 – Authority

This section provides that this instrument is made under the Civil Aviation Act 1988.

Section 4 – Schedules

This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1 – Flight Crew Licensing

Civil Aviation Regulations 1988

1.   - Subparagraph 42ZC(4)(db)(i)

Item 1 updates terminology for balloon flight crew licensing due to the ABF no longer issuing private pilot certificates (balloons), following cessation of their administration of private recreational ballooning. CASA is now responsible for authorising private balloon pilots and issues private pilot (balloon) permits. The amendments update the reference from a private pilot certificate (balloons) to a private pilot (balloon) permit (within the meaning of regulation 5.138) and also refer to a balloon pilot authorisation (mentioned in paragraph 5.138(1)(b)).

The amendment incorporates the effect of the exemption in section 9 of Civil Aviation Order 95.54 (Part 131 Recreational Activity and Specialised Balloon Operations) Instrument 2024 by enabling the holder of a private pilot (balloon) permit to conduct specified maintenance.

This item is related to Items 2 to 8 of this Schedule.

1.   - Paragraph 5.138(1)(b)

Regulation 5.138 sets out various qualification requirements (including alternatives for certain requirements) for a person to hold a commercial pilot (balloon) licence. Item 2 updates terminology in relation to one of these requirements, to refer to a private pilot (balloon) permit or authorisation (a balloon pilot authorisation) from a CASR Part 131 approved self-administering aviation organisation (ASAO) that authorises a person to operate a Part 131 aircraft. This reflects that the ABF no longer issues private pilot certificates (balloons) and that CASA now issues private pilot (balloon) permits. The inclusion of a balloon pilot authorisation from a Part 131 ASAO is intended to future proof the regulations by providing for a future ballooning authorisation from an ASAO.

The amendment, in conjunction with Items 3 – 8, incorporates the effect of CASA EX76/24 – CAR Part 5 – Exemption Instrument 2024 by enabling an applicant to attain a commercial pilot (balloon) licence.

1.   - Subparagraph 5.138(1)(c)(i)

Item 3 updates terminology to refer to a private pilot (balloon) permit and a balloon pilot authorisation in relation to either of these needing to be held for at least one year. This relates to an alternative qualification requirement for a person to hold a commercial pilot (balloon) licence and is related to Item 2 of this Schedule.

1.   - Subparagraph 5.138(1)(c)(ii)

Item 4 updates terminology to refer to a private pilot (balloon) permit and a balloon pilot authorisation in relation to the equivalency of a certificate or licence issued by the competent authority of a foreign country. This relates to an alternative qualification requirement for a person to hold a commercial pilot (balloon) licence and is also related to Items 2 and 3 of this Schedule.

1.   - Subregulation 5.138(4)

Item 5 updates and simplifies terminology in relation to equivalency of balloon pilot authorisations. References to a certificate or licence issued by the competent authority of a foreign country are updated to refer to these as a foreign instrument. References to private pilot (balloon) permit and a balloon pilot authorisation are also updated from private pilot certificate (balloons).

This item relates to Items 2, 3 and 4 of this Schedule.

1.   - Subregulation 5.138(6) (definition of competent authority)

Item 6 makes a minor correction to terminology in relation to the responsibility of a competent authority of a foreign country to authorise (rather than ‘licence’) persons to fly balloons in private operations in that country.

1.   - Subregulation 5.138(6)

Item 7 updates two definitions, as the result of amendments in Items 2 - 5 of this Schedule, which have the purpose of clarifying the relevant issuing body. These definitions are a foreign instrument which is issued by a competent authority of a foreign country and a private pilot (balloon) permit which is issued by CASA.

1.   - Subregulation 5.138(6) (definition of private pilot certificate (balloons))

Item 8 removes a redundant definition of private pilot certificate (balloons). These certificates were previously issued by the ABF and are no longer issued.

1.   - Part 20 (heading)

Item 9 updates the heading to Part 20 to include reference to application and saving provisions, in addition to transitional provisions.

1.   - At the end of Part 20

Item 10 inserts a new heading Division 5—Application provisions—amendments made by the Civil Aviation Legislation Amendment (Minor Changes) Regulations 2026 and a new regulation 344 Commercial pilot (balloon) licence—qualifications, which clarifies that the amendments to regulation 5.138 apply in relation to an application for a commercial pilot (balloon) licence that is made on or after the commencement of this regulation. The intent of this is to provide clarity in the applicable law in relation to these applications and ensure a seamless process for pilots, noting that the amendments do not impact on the validity of any of the qualifications in regulation 5.138 or any commercial pilot (balloon) licences issued before commencement, including those issued by virtue of CASA EX76/24.

Civil Aviation Safety Regulations 1998

1.   - Regulation 61.010 (definition of published lowest safe altitude)

Item 1 repeals the definition published lowest safe altitude in regulation 61.010. This definition is now contained in the CASR Dictionary.

This item is related to Item 20 of this Schedule.

1.   - After paragraph 61.460(d)

Item 12 inserts new paragraph 61.460(da) in regulation 61.460 to stipulate that the holder of a recreational pilot licence (RPL) is permitted to exercise the privileges of their licence if, among other things, the flight is conducted as a single pilot operation. This clarifies that the holder of a RPL is not authorised to exercise the privileges of their licence in a multi-crew operation. While this is a long-standing policy position and the intent of the current regulations, CASA received feedback following the commencement of Part 61 that this should be further clarified in the regulations. The amendment addresses this and does not change the privileges of the RPL.

1.   - Regulation 61.375

Item 13 corrects an erroneous reference to regulation 61.740, which does not exist.

1.   - After subregulation 61.745(3A)

Item 14 inserts a new subregulation (3AA) into regulation 61.745 to provide additional circumstances in which the holder of an aircraft class rating is taken to have a valid flight review for the rating, for the purposes of subregulation 61.745(1). These circumstances are if the holder has:

• for the single-engine aeroplane class rating—a valid flight review under subregulation 61.800(2) (as affected by subregulations 61.800(3), (4) and (5)) for any aeroplane pilot type rating
• for the multi-engine aeroplane class rating—a valid flight review under subregulation 61.800(2) (as affected by subregulations 61.800(3), (4) and (5)) for any multi-engine aeroplane pilot type rating
• for the single-engine helicopter class rating—a valid flight review under subregulation 61.800(2) (as affected by subregulations 61.800(3), (4) and (5)) for any helicopter pilot type rating.

The amendment incorporates the effect of Part 5 of CASA EX32/24 by providing that a flight review conducted for one rating may, in certain cases, be recognised as satisfying the requirement for another rating even though no separate flight review has been completed.

There is no separate licence entry because the flight review for the other rating did not actually take place, however, a pilot should instead ensure that their logbook includes evidence of the flight review being relied on to meet the requirement.

Following the commencement of Part 61 in 2014, industry feedback and consultation indicated that the flight review requirements were onerous. CASA implemented CASA EX32/24 Part 5 (and preceding exemptions CASA EX97/16, CASA EX99/18 and CASA EX66/21 Part 5) to exempt pilots in the relevant cohorts from an unnecessary multiplicity of flight reviews. The amendment removes the unnecessarily onerous requirement from the regulations with no adverse effect on safety outcomes.

This item is related to Item 16 of this Schedule.

1.   - Paragraphs 61.800(4)(b) and (c)

Item 15 corrects a minor error. Paragraphs 61.800(4)(b) and (c) are intended to provide that the holder of a pilot type rating is taken to have a valid flight review for that pilot type rating if they complete certain activities in an aircraft of a type covered by the type rating. Paragraph 61.800(4)(b) refers to a flight test for an operational rating and paragraph 61.800(4)(c) refers to flight training for a design feature endorsement. These paragraphs previously referred to ‘an aircraft of the class covered by the type rating’ in error. The amendment corrects this to refer to ‘an aircraft of the type covered by the pilot type rating’.

1.   – After subregulation 61.800(5)

Item 16 inserts a new subregulation (5A) into regulation 61.800 to provide additional circumstances in which the holder of a pilot type rating is taken to have a valid flight review for the rating, for the purposes of subregulation 61.800(1). These circumstances are if the holder has:

• for a single-engine aeroplane pilot type rating—a valid flight review for any aeroplane class rating under subregulation 61.745(1A), or a valid flight review for any other aeroplane pilot type rating under subregulation 61.800(2)
• for a multi-engine aeroplane pilot type rating—a valid flight review for the multi-engine aeroplane class rating under subregulation 61.745(1A), or a valid flight review for any other multi-engine aeroplane pilot type rating under subregulation 61.800(2)
• for a single-engine helicopter pilot type rating—a valid flight review for the single-engine helicopter class rating under subregulation 61.745(1A), or a valid flight review for any other helicopter pilot type rating under subregulation 61.800(2)
• for a multi-engine helicopter pilot type rating—a valid flight review for any other multi-engine helicopter pilot type rating under subregulation 61.800(2).

The amendment incorporates the effect of Part 5 of CASA EX32/24 by providing that a flight review conducted for one rating may, in certain cases, be recognised as satisfying the requirements for another rating even though no separate flight review has been completed.

There is no separate licence entry because the flight review for the other rating did not actually take place, however, a pilot should instead ensure that their logbook includes evidence of the flight review being relied on to meet the requirement.

Following the commencement of Part 61 in 2014, industry feedback and consultation indicated that the flight review requirements were onerous. CASA implemented CASA EX32/24 Part 5 (and preceding exemptions CASA EX97/16, CASA EX99/18 and CASA EX66/21 Part 5) to exempt pilots in the relevant cohorts from an unnecessary multiplicity of flight reviews. The amendment removes the unnecessarily onerous requirement from the regulations with no adverse effect on safety outcomes.

This item is related to Item 14 of this Schedule.

1.   – Subregulation 61.805(2)

Item 17 removes the exclusion of a single-pilot turbojet aeroplane type from subregulation 61.805(2). This subregulation sets out the periods in which the holder of a pilot type rating is taken to have a valid IPC. The amendment standardises the period for a valid IPC for a type-rated aircraft (including a single-pilot turbojet aeroplane) to 24 months.

Following the commencement of Part 61 in 2014, industry feedback and consultation indicated that the IPC requirements were onerous. While for an aircraft type other than a single-pilot turbojet aeroplane type, the check must have been completed within the previous 24 months, for a single-pilot turbojet aeroplane, the check was required within the previous 12 months. As a consequence, some pilots (especially those flying more than two types of aircraft) were required to complete more IPCs than were required under the previous CAR Part 5. The amendment removes the unnecessarily onerous requirement from the regulations with no adverse effect on safety outcomes.

This item is related to Item 18 of this Schedule.

1.   - Subregulation 61.805(3)

Item 18 repeals subregulation 61.805(3) and substitutes a new subregulation 61.805(3) to provide additional circumstances in which the holder of a pilot type rating is taken to have a valid IPC for the aircraft type covered by the pilot type rating mentioned in subregulation 61.805(1). These circumstances are if the holder has:

• for a single-pilot turbojet aeroplane type covered by a single-pilot turbojet pilot type rating—a valid IPC under regulation 61.805 for a single-pilot turbojet aeroplane type covered by another single-pilot turbojet pilot type rating
• for a multi-crew aircraft type covered by a multi-crew pilot type rating—a valid IPC under regulation 61.805 for a multi-crew aircraft type, of the same category, covered by another multi-crew pilot type rating
• for any other type-rated aircraft—a valid IPC under regulation 61.805 for another aircraft type, of the same category, covered by any pilot type rating.

The amendment incorporates the effect of Part 4 of CASA EX32/24 by providing that an IPC conducted for one aircraft type may, in certain cases, be recognised as satisfying the requirements for another type-rated aircraft in the same category, even though no separate IPC has been completed. ‘Taken to have a valid IPC’ means that while a pilot has not completed a separate IPC for each type-rated aircraft, they are legally regarded as if they had because they have completed an IPC in another relevant type-rated aircraft.

There is no separate licence entry because the IPC for the other type-rated aircraft did not actually take place, however, a pilot should instead ensure that their logbook includes evidence of the IPC being relied on to meet the requirement.

Following commencement of Part 61 in 2014, industry feedback and consultation indicated that the IPC requirements were onerous. CASA implemented CASA EX32/24 Part 4 (and preceding exemptions CASA EX93/16, CASA EX93/18 and CASA EX66/21 Part 4) to provide relief to pilots required to complete multiple IPCs. The amendment removes the onerous requirement from the regulations by removing the need for pilots to undertake multiple IPCs by incorporating the effect of CASA EX32/24 Part 4 into the CASR.

This item is related to Item 17 of this Schedule.

1.   - Subregulations 61.805(5) and (6)

Item 19 removes references in subregulations 61.805(5) and (6) to paragraphs 61.805(3)(e) and (f) which are repealed by Item 18 of this Schedule. These paragraph references are therefore redundant.

1.   - After subregulation 61.940(2) (note)

Item 20 repeals the note after subregulation 61.940(2) regarding limitations set out in Subpart 61.E that is no longer required. This item is a consequential amendment to Item 11 of this Schedule.

1.   - Regulation 61.1055

Item 21 repeals regulation 61.1055 to remove the recent experience rule for the low-level rating. The amendment incorporates the effect of Part 15 of CASA EX32/24. Following commencement of Part 61 in 2014, industry feedback and consultation indicated that the recent experience requirement is difficult to administer and unnecessary given its application to a broad range of low-level operations, noting the original intention was to capture low-level operations involving safety critical skills and procedures that required regular practice. CASA is satisfied that acceptable safety outcomes are achieved by alternative mechanisms. CASA implemented CASA EX32/24 Part 15 (and preceding exemptions CASA EX92/15, CASA EX48/17, CASA EX73/20 and CASA EX66/21 Part 15) to address issues associated with the low-level rating recent experience and flight review requirements.

1.   - Subregulation 61.1060(1)

Item 22 amends subregulation 61.1060(1) to extend the low-level rating flight review validity period from 12 months to 24 months. The amendment incorporates the effect of Part 15 of CASA EX32/24. Following commencement of Part 61 in 2014, industry feedback and consultation indicated that the validity period of the low-level rating flight review was more onerous than necessary, and should be extended. CASA implemented CASA EX32/24 Part 15 (and preceding exemptions CASA EX92/15, CASA EX48/17, CASA EX73/20 and CASA EX66/21 Part 15) to address issues associated with the low-level rating flight review requirement.

This item is related to Items 23 to 25 of this Schedule.

1.   – Paragraph 61.1060(2)(a)

Item 23 updates the reference to extend the low-level flight review validity period from 12 months to 24 months in paragraph 61.1060(2)(a). This paragraph provides for a requirement that the holder has passed a flight test for the rating within the previous validity period (that is, the previous 24 months) to meet the requirements of subregulation 61.1060(1) to exercise the privileges of the rating.

The amendment incorporates the effect of Part 15 of CASA EX32/24. Following commencement of Part 61 in 2014, industry feedback and consultation indicated that the validity period of the low-level rating flight review was more onerous than necessary, and should be extended. CASA implemented CASA EX32/24 Part 15 (and preceding exemptions CASA EX92/15, CASA EX48/17, CASA EX73/20 and CASA EX66/21 Part 15) to address issues associated with the low-level rating flight review requirement.

This item is related to Items 22 to 25 of this Schedule.

1.   – Subparagraph 61.1060(2)(b)(i)

Item 24 updates the reference to extend the low-level flight review validity period from 12 months to 24 months in paragraph 61.1060(2)(b)(i). This paragraph provides a requirement (along with paragraph 61.1060(2)(b)(ii)) that the holder has passed a flight test for the grant of a low-level endorsement within the previous validity period (that is, the previous 24 months) to meet the requirements of subregulation 61.1060(1) to exercise the privileges of the rating.

This item is related to Items 22 to 25 of this Schedule.

1.   – Paragraphs 61.1060(2)(c) and (d)

Item 25 updates the reference to extend the low-level flight review validity period from 12 months to 24 months in paragraphs 61.1060(2)(c) and (d).

Paragraph 61.1060(2)(c) provides a requirement that the holder has successfully completed an aerial application proficiency check under regulation 61.1110 within the previous validity period (that is, the previous 24 months) to meet the requirements of subregulation 61.1060(1) to exercise the privileges of the rating.

Paragraph 61.1060(2)(d) provides a requirement that the holder has successfully completed an operator proficiency check that covers either operations under the rating or operations under the aerial application rating within the previous validity period (that is, 24 months) to meet the requirements of subregulation 61.1060(1) to exercise the privileges of the rating.

This item is related to Items 22 to 24 of this Schedule.

1.   – Regulation 61.1080

Item 26 adds a reference to new regulation 61.1082 in regulation 61.1080. The amendment is a minor machinery change that is related to Item 27 of this Schedule.

1.   - After regulation 61.1080

Item 27 inserts a new regulation 61.1082 after regulation 61.1080 to add a condition on the exercise of the privileges of the aerial mustering endorsement. The holder of an aerial mustering endorsement must not exercise the privileges of that endorsement unless, within the previous 12 months before the operation, the pilot has either:

• completed 20 hours of aerial mustering operations; or
• been assessed as competent to conduct aerial mustering operations by a flight instructor who holds a low-level rating training endorsement; or
• successfully completed an operator proficiency check in low-level operations covering aerial mustering operations; or
• successfully completed a flight review for the low-level rating, where the flight review covered aerial mustering operations.

The amendment incorporates the effect of Part 15 of CASA EX32/24. Following commencement of Part 61 in 2014, industry feedback and consultation raised concerns that the review requirements for low-level operations and for the specialised aerial mustering operations are not the same and that mustering requires specific treatment. CASA implemented CASA EX32/24 Part 15 (and preceding exemptions CASA EX92/15, CASA EX48/17, CASA EX73/20 and CASA EX66/21 Part 15) to address issues associated with the low-level rating. These exemptions included specific conditions for the aerial mustering endorsement. The amendment incorporates those conditions into the regulations.

This item is related to Item 26 of this Schedule.

1.   - Paragraph 61.1225(4)(c)

Item 28 amends paragraph 61.1225(4)(c) to correct an erroneous offence provision and ensure that flight instructors do not commit an offence in circumstances where the regulations no longer require a pilot to meet certain aeronautical experience requirements (dual instrument time) before conducting their first solo cross-country flight.

The amendment incorporates the effect of Part 17 of CASA EX32/24. It corrects a minor error identified by CASA following amendments made to Part 61 in 2014, is beneficial for industry and has no adverse effect on safety outcomes. CASA implemented CASA EX32/24 Part 17 (and preceding exemption CASA EX20/21) to address this issue.

This item is related to Items 29 and 30 of this Schedule.

1.   - Paragraph 141.305(3)(c)

Item 29 amends paragraph 141.305(3)(c) to correct an erroneous offence provision and ensure that Part 141 operators do not commit an offence in circumstances where the regulations no longer require a pilot to meet certain aeronautical experience requirements (dual instrument time) before conducting their first solo cross-country flight.

The amendment incorporates the effect of Part 17 of CASA EX32/24. It corrects a minor error identified by CASA following amendments made to Part 61 in 2014, is beneficial for industry and has no adverse effect on safety outcomes. CASA implemented CASA EX32/24 Part 17 (and preceding exemption CASA EX20/21) to address this issue.

This item is related to Items 28 and 30 of this Schedule.

1.   - Subregulation 141.305(6)

Item 30 amends subregulation 141.305(6) to correct an erroneous offence provision and ensure that Part 141 operators do not commit an offence in circumstances where the regulations no longer require a pilot to meet certain aeronautical experience requirements (dual instrument time) before conducting their first solo cross-country flight.

The amendment incorporates the effect of Part 17 of CASA EX32/24. It corrects a minor error identified by CASA following amendments made to Part 61 in 2014, is beneficial for industry and has no adverse effect on safety outcomes. CASA implemented CASA EX32/24 Part 17 (and preceding exemption CASA EX20/21) to address this issue.

This item is related to Items 28 and 29 of this Schedule.

1.   – After Division 202.CB.2

Item 31 inserts new heading Division 202.CB.3—Amendments made by the Civil Aviation Legislation Amendment (Minor Changes) Regulations 2026 and new regulation 202.291 Application of amendments relating to flight crew licensing. Subregulations 202.291(1) to (6) clarify how each of the amendments to the CASR applies. This is to make sure there are no gaps or uncertainty with the application of the relevant amendments.

Schedule 2 – Issue of certificates for restricted category aircraft

Civil Aviation Safety Regulations 1998

Item 1 - Subparagraph 21.025(1)(b)(ii)

Item 1 repeals subparagraph 21.025(1)(b)(ii) which previously limited aircraft to a type that has been manufactured in accordance with requirements of, and accepted by, the Australian Defence Force (ADF) or the armed forces of Canada, the UK or the US, and has been later modified for the special purpose operation or operations.

The amendments substitute new subparagraph 21.025(1)(b)(ii), which refers to compliance with the requirements prescribed by the Part 21 MOS for the purposes of the subparagraph. Reference to the aircraft being later modified for special purpose operations is not needed and not included in the new subparagraph. This is because the assessment of any modifications for the purposes of the proposed special purpose operations performed prior to the issue of a Type Certificate will be included as part of the Type Certification process. The criteria for assessment of such modifications will align with subparagraph 21.025(1)(a) where the aircraft can be reasonably expected to be safe for its intended use when it is operated under any conditions limiting its intended use.  

New subparagraph 21.025(1)(b)(ii) provides flexibility for the Part 21 MOS to prescribe specific outcome-based criteria to cover aircraft of the ADF, as well as aircraft from the armed forces of Canada, the UK, and the US, and other foreign non-civilian aircraft. It also facilitates the policy intent to broaden the aircraft for which an applicant is entitled to a type certificate in the restricted category for special purpose operations mentioned in subregulation 21.025(2).

Item 2 - Paragraph 21.025(2)(k)

Item 2 repeals paragraph 21.025(2)(k) and substitutes a new paragraph 21.025(2)(k) which refers to any operation prescribed by the Part 21 MOS for the purposes of the paragraph.

This removes the ambiguity regarding the meaning and scope of operations that are ‘similar’ to the special purpose operations set out in paragraphs 21.025(2)(a) to (j) and gives additional flexibility for other special purpose operations to be prescribed in the Part 21 MOS.

The intent of the repealed paragraph 21.025(2)(k) will be retained in the Part 21 MOS to allow for special purpose operations that are not specified in paragraphs 21.025(2)(a) to (j) but with greater certainty regarding what constitutes ‘similar’ operations.

Item 3 - Subregulation 21.185(3)

Item 3 repeals subregulation 21.185(3) and substitutes a new subregulation 21.185(3), which sets out the requirements for an applicant to be entitled to a special certificate of airworthiness for an aircraft type certificated in the restricted category.

Paragraph 21.185(3)(a) requires a type certificate or type acceptance certificate to be in force in relation to the aircraft. The introduction and use of the term ‘in force’ aligns with the standard regulatory language of Part 21 concerning the duration and cancellation of a type certificate, specifically as defined by regulation 21.051.

Paragraph 21.185(3)(b) requires that the aircraft was either a surplus aircraft of the ADF, or was a foreign non-civilian aircraft, or was previously certificated in another category. This removes the previous limitation that restricted foreign non-civilian aircraft to surplus aircraft of the armed forces of Canada, the UK or US and instead refers broadly to foreign non-civilian aircraft.

Paragraph 21.185(3)(c) retains the requirement for CASA or an authorised person to be satisfied, after inspection, that the aircraft is in a good state of preservation and repair and is in a condition for safe operation.

Item 4 - In the appropriate position in Division 202.AJ.1

Item 4 inserts a new heading Subdivision 202.AJ.1.E—Amendments made by the Civil Aviation Legislation Amendment (Minor Changes) Regulations 2026 and new regulation 202.052F Application of amendments relating to issue of certificates for restricted category aircraft. Subregulations 202.052F(1) and (2) clarify how each of the amendments to the CASR applies and makes sure there are no gaps or uncertainty with applications for a type certificate, or applications for a special certificate of airworthiness, made before or after commencement of the provisions in this Schedule.

Schedule 3 – Large RPA and certificates of airworthiness

Civil Aviation Safety Regulations 1998

Item 1 - Regulation 101.046

Item 1 repeals regulation 101.046 and substitutes a new regulation 101.046, concerning operation of RPA without a certificate of airworthiness for the purposes of paragraph 20AA(3)(b) of the Act. 

Paragraph 101.046(a) covers RPA other than large RPA and maintains the status quo for these RPA. Paragraph 101.046(b) covers large RPA and provides that a large RPA may be operated without a certificate of airworthiness if the RPA and the flight are of a kind prescribed by the Part 101 MOS. The Part 101 MOS will prescribe the kind of RPA and flight in broad terms.

The purpose of this is to update the rules governing airworthiness certification for large RPA. This better reflects current and future aircraft and operations, as well as the contemporary risk-based approach that has been informed by bodies such as the International Civil Aviation Organization, the Joint Authorities for Rulemaking on Unmanned Systems and like-minded regulators. The rules were developed over 20 years ago and reflect the policy and operations at the time. Past assumptions, which led to more prescriptive rules being implemented, are now restricting industry development. The change implements clearer and more flexible pathways based on acceptable risk assessments for operation of large RPA. This more effectively provides for current, emerging and future technologies and operations, while continuing to ensure an acceptable level of safety.

The purpose of enabling the Part 101 MOS to prescribe the kind of RPA and flight for the purposes of paragraph 101.046(b) is to enable more flexibility for CASA in future to ensure the rules remain up-to-date and appropriate to support new technologies.

The note after paragraph 101.046(b) clarifies that regulation 101.255 deals with the operation of a large RPA in respect of which a certificate of airworthiness is in force.

Item 2 - Regulation 101.255

Item 2 repeals regulation 101.255 and substitutes a new regulation 101.255, concerning conditions on the operation of large RPA with a certificate of airworthiness. 

Subregulation 101.255(1) provides a head of power for the Part 101 MOS to prescribe conditions that apply to the operation of a large RPA in respect of which a certificate of airworthiness is in force.

The purpose of this is to replace the current prescriptive rules that require specific kinds of certificate of airworthiness, with provisions that can accommodate any kind of certificate of airworthiness.

Enabling the MOS to prescribe the conditions that apply to the operation of these large RPA provides flexibility for CASA to ensure the provisions remain up-to-date and support future technologies, while continuing to ensure an acceptable level of safety.

The note after subregulation 101.255(1) clarifies that regulation 101.046 deals with when a flight of a large RPA is authorised without a certificate of airworthiness.

Subregulation 101.255(2) provides that a person commits an offence of strict liability if the person operates a large RPA for which certificate of airworthiness is in force and the person’s operation of the large RPA breaches a condition covered by subregulation 101.255(1). This offence carries a maximum penalty of 50 penalty units.

Item 3 – At the end of Subpart 202.FA

Item 3 adds a new heading Division 202.FA.3—Amendments made by Schedule 3 to the Civil Aviation Legislation Amendment (Minor Changes) Regulations 2026 and a new regulation 202.467 Application of amendments relating to large RPA and certificates of airworthiness. Regulation 202.467 provides that the repeal and substitution of regulation 101.255 made by this Schedule applies in relation to the operation of large RPA on or after the commencement of the Schedule. This makes sure there is no uncertainty in relation to when the amendment applies.

Schedule 4 – Self-study pathway for removal of exclusion from aircraft engineer licence

Civil Aviation Safety Regulations 1998

Item 1 Subregulation 66.072(2)

Item 1 omits “successfully completed the training” and substitutes “met the requirements”, to align subregulation (2) to the types of evidence mentioned in subregulation (3), that satisfy CASA to remove the exclusion.

An exclusion in relation to an aircraft engineer licence means a limitation applied to the licence by CASA, which excludes the holder of the licence from exercising certification privileges in relation to maintenance carried out on an aircraft system or subset of an aircraft system. The design of an aircraft is comprised of many systems, such as electrical systems, instrument and radio systems, hydraulic systems, landing gear systems, etc. These systems can further be divided into subsets (or subsystems), such as the electrical subsystem of the landing gear system.

Item 2 Subregulation 66.072(3)

Item 2 repeals subregulation 66.072(3) and substitutes a new subregulation, that specifies the evidence that CASA must receive for the purposes of subregulation (2).

Paragraph 66.072(3)(a) retains the existing pathway of evidence from a maintenance training organisation that the holder meets the basic knowledge and competency requirements for the aircraft system or subset under the relevant section of the Part 66 MOS.

Paragraph 66.072(3)(b) adds an alternative self-study pathway, which is evidence from the holder that the holder meets the basic knowledge and practical experience requirements for the aircraft system or subset under the relevant sections of the Part 66 MOS.

Item 3 In the appropriate position in Subpart 202.GC

Item 3 inserts new regulation 202.356 Application of amendments relation got the removal of an exclusion from an aircraft engineer licence to ensure that the amendments to regulation 66.072 made by this Schedule apply in relation to an application for the removal of an exclusion on an aircraft engineer licence made on or after the commencement of the Schedule. This makes sure there is no uncertainty in relation to when the amendment applies.

ATTACHMENT B

Statement of Compatibility with Human Rights

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

Civil Aviation Legislation Amendment (Minor Changes) Regulations 2026

The 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 Disallowable Legislative Instrument

The Civil Aviation Legislation Amendment (Minor Changes) Regulations 2026 (the Amendment Regulations) make minor, machinery and beneficial amendments to various Parts of the Civil Aviation Safety Regulations 1998 (CASR) and the Civil Aviation Regulations 1988 (CAR).

The amendments include:

• incorporating the effect of longstanding exemption instruments into the CASR and CAR, particularly for flight crew licensing requirements
• correcting minor errors and outdated references in Parts 61, 66, 101, 141
• expanding eligibility for type certification in the restricted category for certain ex‑military aircraft by removing unnecessary sovereign‑source limitations
• updating the airworthiness pathways for large remotely piloted aircraft to provide more contemporary, risk‑based and flexible options
• improving flexibility for aircraft maintenance engineer exclusion removal training by reinstating a self‑study pathway

These amendments follow extensive consultation with industry and are assessed as preserving an acceptable level of safety while reducing regulatory burden. CASA considers the changes to be machinery in nature, beneficial to industry, and without adverse cost or economic impacts.

Human rights implications

The Amendment Regulations engage the following human rights:

A.    the right to a fair trial and fair hearing under Article 14 of the International Covenant on Civil and Political Rights (ICCPR).

A The right to a fair trial and fair hearing: the presumption of innocence

Article 14(2) of the ICCPR provides that a person charged with a criminal offence has the right to be presumed innocent until proven guilty according to law. This imposes on the prosecution the burden of proving criminal charges beyond reasonable doubt.

The Amendment Regulations do not introduce any new offence provisions, nor do they increase penalties. Several amendments reduce existing regulatory burdens and remove redundant offence provisions that were identified as erroneous following previous amendments to CASR Part 61.

Amendments in Schedule 1 remove offence provisions that no longer align with current flight‑training requirements for first solo cross‑country flight. These amendments promote human rights by ensuring individuals are not exposed to strict liability offences where the underlying regulatory requirement has been removed.

No other rights under the ICCPR are engaged by this legislative instrument, as the amendments do not affect freedoms, impose new obligations on individuals, or alter existing regulatory frameworks in a manner that impacts human rights beyond those considered above.

No amendments reverse the legal or evidential burden of proof or otherwise limit procedural fairness.

Conclusion

The Amendment Regulations are compatible with human rights because they do not limit any human rights or freedoms, and in several respects promote the right to a fair trial by removing redundant or inappropriate offence provisions.

The Hon Catherine King MP

Minister for Infrastructure, Transport, Regional Development and Local Government