{"id":"F2021L01654","name":"CASA 91/21 — Training and Checking (CASR Part 121) Determination 2021","slug":"casa-91-21-training-and-checking-casr-part-121-determination-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102192,"registerId":"commonwealth-F2021L01654-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"2","sectionType":"section","heading":"Duration","content":"2 Duration\n\nThis instrument commences on 2 December 2021.\n\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"3 Definitions\n\n> Note In this instrument certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: cabin crew member, flight crew member and operator.\n\n(1) In this instrument:\n\n> CAO 20.11 means Civil Aviation Order 20.11, as in force immediately before 2 December 2021.\n\n> CAO 82.0 means Civil Aviation Order 82.0, as in force immediately before 2 December 2021.\n\n> CAR means the Civil Aviation Regulations 1988, as in force immediately before 2 December 2021, and any mention of a provision of CAR refers to that provision as so in force.\n\n> CASR means the Civil Aviation Safety Regulations 1998.\n\n> emergency procedures proficiency test means the crew member emergency procedures proficiency test specified in Appendix IV of CAO 20.11.\n\n> operator’s training and checking manual means the training and checking manual of the operator, as the manual exists from time to time.\n\n> Part 121 MOS means the Part 121 Manual of Standards.\n\n> Note The CASR Dictionary defines Part 121 Manual of Standards as meaning the Manual of Standards issued by CASA under regulation 121.015.\n\n> relevant flight means a flight, for an operator, of an aeroplane to which Part 121 (other than Subpart 121.Z) of CASR applies.\n\n> Note Subregulation 121.005 (1) of CASR provides that Part 121 (other than Subpart 121.Z) applies to the operation of a multi‑engine aeroplane, for an Australian air transport operation, if the aeroplane has either or both of the following:\n\n(a) a maximum operational passenger seat configuration of >9;\n\n(b) a maximum take‑off weight of >8,618 kg.\n\n(2) In this instrument, unless a contrary intention appears, words and expressions have the same meaning as in regulation 202.418 of CASR.\n\n(3)In this instrument, unless a contrary intention appears, mention of a provision with the prefix “121.” is a reference to that provision as contained in Part 121 of CASR.\n\n(4)In this instrument a reference to an operator’s training and checking manual, includes relevant text included in the operator’s operations manual.\n\n(5)In this instrument a reference to the expiry date of an old event or to a period of time after an old event, includes a reference to any deemed expiry date or when an old event is deemed to have occurred, in accordance with the civil aviation legislation in force immediately before 2 December 2021.\n\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Purpose","content":"4 Purpose\n\nThis instrument is a determination for the purposes of subregulation 202.418 (3) of CASR.\n\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Application","content":"5 Application\n\nThis instrument applies in relation to a relevant flight.\n\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Determination","content":"6 Determination\n\nIf:\n\n(a) on or after 2 December 2021, a requirement (a new requirement), in relation to a training or checking event mentioned in an item of column 1 of the Table in Schedule 1 (a new event), applies in relation to a relevant flight by a person mentioned in the item (the person); and\n\n(b) before 2 December 2021, a training or checking event mentioned in column 2 of the item (the old event) happened in relation to the person; and\n\n(c) the relevant flight occurs:\n\n(i) on or after 2 December 2021; and\n\n(ii) before the expiry of the time specified in column 3 of the item (the expiry date);\n\nthen, I determine that, for the purposes of regulation 202.418:\n\n(d) the new event is taken to have happened in relation to the person; and\n\n(e) the new requirement is taken to have been met by the person for a relevant flight that is conducted before the expiry date.\n\n","sortOrder":4},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"New requirements taken to have been met by old events","content":"Schedule 1 New requirements taken to have been met by old events\n\nTable Transitional training and checking events\n\n```html\n

Column 1

Column 2

Column 3

Item

New requirement for a person in relation to a training or checking event (a new event)

Old event in relation to the person

Old event expiry date

Flight crew members

1

Initial training

1. Person: a flight crew member (FCM).

2. New Requirement: Initial training for an operator in accordance with the following:

(a) paragraph 121.475 (2) (i);

(b) paragraph 121.555 (1);

(c) Division 2 in Chapter 12 of the Part 121 MOS.

1. Person: an FCM who, immediately before 2 December 2021, was subject to the operator’s training and checking organisation (T&CO) under regulation 217 of CAR (an FCM under a T&CO).

2. Old event for the FCM: successful completion, under the T&CO, of the operator’s initial training (however described) in accordance with the operator’s training and checking manual.

No expiry date

3. Person: an FCM to whom paragraph 1 did not apply.

4. Old event for the FCM: conduct of at least 1 unsupervised charter flight or aerial work (air ambulance) flight for the operator.

No expiry date

2

Conversion training

1. Person: an FCM.

2. New Requirement: Conversion training for an operator and the kind of aeroplane in accordance with the following:

(a) paragraph 121.475 (2) (j);

(b) paragraph 121.475 (2) (k);

(c) paragraph 121.560 (1) (a);

(d) subregulation 121.560 (2);

(e) Division 3 in Chapter 12 of the Part 121 MOS.

Note: The CASR Dictionary defines kind, of an aircraft, to mean:

(a) for an aircraft that is covered by an aircraft type rating—the aircraft type rating; and

(b) for an aircraft that is not covered by an aircraft type rating—the type of aircraft.

1. Person: an FCM under a T&CO.

2. Old event for the FCM: successful completion, under the T&CO, of the operator’s conversion training (however described) for the kind of aeroplane, in accordance with the operator’s training and checking manual but which includes any relevant specific flight-procedures training mentioned in Division 3 in Chapter 12 of the Part 121 MOS.

No expiry date

3. Person: an FCM to whom paragraph 1 does not apply.

4. Old event for the FCM: conduct of at least 1 unsupervised charter flight or aerial work (air ambulance) flight for the operator and the kind of aeroplane.

No expiry date

3

Recurrent flight training and checking

1. Person: an FCM.

2. New Requirement: Recurrent flight training for an operator and the kind of aeroplane in accordance with the following:

(a) paragraph 121.475 (2) (l);

(b) paragraph 121.570 (1) (b);

(c) Division 4 in Chapter 12 of the Part 121 MOS.

Note For a valid proficiency check, see item 4. For a valid refresher check, see item 6. For a valid annual emergency and safety equipment check, see item 7. For a valid 3‑yearly emergency and safety equipment check, see item 8.

1. Person: an FCM under a T&CO.

2. Old event for the FCM: successful completion, under the T&CO, of the operator’s recurrent flight training (however described) for the kind of aeroplane, in accordance with the operator’s training and checking manual.

The earlier of the following:

(a) 1 year after the old event;

(b) 2 December 2022.

3. Person: an FCM to whom paragraph 1 does not apply.

4. Old event for the FCM: conduct of at least 1 unsupervised charter flight or aerial work (air ambulance) flight for the operator and the kind of aeroplane.

2 December 2022

4

Proficiency check

1. Person: an FCM.

2. New Requirement: Proficiency check for an operator and the kind of aeroplane in accordance with the following:

(a) subregulation 121.580 (1);

(b) Division 5 in Chapter 12 of the Part 121 MOS.

1. Person: an FCM under a T&CO.

2. Old event for the FCM: successful completion, under the T&CO, for the operator and the kind of aeroplane, of any of following that was valid immediately before 2 December 2021:

(a) for a pilot in command — a pilot in command proficiency check, mentioned in paragraphs 8B.2 or 8.B.5 of CAO 82.0;

(b) for a co‑pilot — a co‑pilot proficiency check in mentioned in paragraph 8B.7 of CAO 82.0;

(c) for an FCM — a check of competence (however described) for normal, abnormal and emergency procedures in accordance with the operator’s training and checking manual.

The earlier of the following:

(a) the old event’s expiry date;

(b) 8 months after an old event that is a proficiency check mentioned in paragraph (2) (a) or (b) in column 2, or a check of competence mentioned in paragraph (2) (c) in column 2;

(c) the day the FCM undertakes the proficiency check mentioned in column 1;

(d) 2 December 2022.

3. Person: an FCM to whom paragraph 1 does not apply.

4. Old event for the FCM: successful completion of an instrument proficiency check that was valid for the aeroplane under Part 61 of CASR immediately before 2 December 2021.

For an old event that is an instrument proficiency check, the earlier of:

(a) the day the instrument proficiency check is no longer valid for the FCM and the aeroplane;

(b) the day the FCM undertakes the proficiency check mentioned in column 1;

(c) 2 December 2022.

5

Line check

1. Person: an FCM.

2. New Requirement: Line check for an operator and the kind of aeroplane in accordance with the following:

(a) regulation 121.565;

(b) regulation 121.585;

(c) regulation 121.590.

1. Person: an FCM under a T&CO.

2. Old event for the FCM: successful completion, under the T&CO, for the operator and for the kind of aeroplane, of any of following that was valid immediately before the commencement date:

(a) a line check (however described) in accordance with the operator’s training and checking manual that was completed not more than 12 months before 2 December 2021;

(b) a proficiency check or check of competency of a kind mentioned in column 2 of item 4.

The earlier of the following:

(a) the later of the expiry dates of the checks mentioned in paragraphs (a) and (b) in column 2;

(b) the day the FCM undertakes the line check mentioned in column 1;

(c) 2 December 2022.

3. Person: an FCM to whom paragraph 1 does not apply.

4. Old event for the FCM: conduct of at least 1 unsupervised charter flight or aerial work (air ambulance) flight for the operator and the kind of aeroplane.

The earlier of the following:

(a) the day the FCM undertakes the line check mentioned in column 1;

(b) 2 December 2022.

5. Person: a flight engineer.

6. Old event for the FCM: conduct of at least 1 unsupervised charter flight or aerial work (air ambulance) flight for the operator and the kind of aeroplane.

The earlier of the following:

(a) the day the FCM undertakes the line check mentioned in column 1;

(b) 2 December 2022.

6

Refresher training and refresher check

1. Person: an FCM.

2. New Requirement: Refresher training and refresher check for an operator and the kind of aeroplane in accordance with the following:

(a) regulation 121.595;

(b) regulation 121.600.

1. Person: an FCM under a T&CO.

2. Old event for the FCM: successful completion, under the T&CO, for the operator and the kind of aeroplane, of the following that was valid immediately before 2 December 2021:

(a) refresher training (however described) in accordance with the operator’s training and checking manual; and

(b) a proficiency check or a check of competency of a kind mentioned in column 2 of item 4.

The earlier of the following:

(a) the expiry date of a check mentioned in column 2;

(b) the day the FCM undertakes the refresher check mentioned in column 1;

(c) 2 December 2022.

3. Person: an FCM to whom paragraph 1 does not apply.

4. Old event for the FCM: successful completion of an instrument proficiency check that is valid for the aeroplane under Part 61 of CASR not more than 12 months before 2 December 2021.

7

Annual emergency and safety equipment training and check

1. Person: an FCM.

2. New Requirement: Annual emergency and safety equipment training and check for an operator and the kind of aeroplane in accordance with the following:

(a) regulation 121.605;

(b) regulation 121.610;

(c) Division 6 in Chapter 12 of the Part 121 MOS.

1. Person: an FCM who was required under subsection 12 of CAO 20.11 to undertake and pass for the kind of aeroplane, the emergency procedures proficiency test.

2. Old event for the FCM: successful completion for the operator and kind of aeroplane, of the following that was valid immediately before 2 December 2021:

(a) the emergency procedures proficiency test.

The earlier of the following:

(a) the expiry date of the emergency procedures proficiency test;

(b) the day the FCM undertakes the check mentioned in column 1;

(c) 2 December 2022.

3. Person: an FCM to whom paragraph 1 does not apply.

4. Old event for the FCM: conduct of at least 1 unsupervised aerial work (air ambulance) flight for the operator and kind of aeroplane.

The earlier of the following:

(a) the day the FCM undertakes the check mentioned in column 1;

(b) 2 December 2022.

8

3‑yearly emergency and safety equipment training and check

1. Person: an FCM.

2. New Requirement: 3‑yearly emergency and safety equipment training and check for an operator and the kind of aeroplane in accordance with the following:

(a) regulation 121.615;

(b) regulation 121.620;

(c) Division 7 in Chapter 12 of the Part 121 MOS.

1. Person: an FCM who was required under subsection 12 of CAO 20.11 to undertake and pass for a kind of aeroplane the emergency procedures proficiency test.

2. Old event for the FCM: successful completion for the operator and kind of aeroplane of the following that was valid immediately before 2 December 2021:

(a) the emergency procedures proficiency test.

The earlier of the following:

(a) 3 years after the date of the emergency procedures proficiency test;

(b) the day the FCM undertakes the check mentioned in column 1;

(c) 2 December 2024.

3. Person: an FCM to whom paragraph 1 does not apply.

4. Old event for the FCM: conduct of at least 1 unsupervised aerial work (air ambulance) flight for the operator and kind of aeroplane.

The earlier of the following:

(a) the day the FCM undertakes the check mentioned in column 1;

(b) 2 December 2024.

Senior cabin crew members

9

Senior cabin crew member training and check

1. Person: a senior cabin crew member

2. New Requirement: Senior cabin crew member training and competency check for an operator and aeroplane in accordance with the following:

(a) regulation 121.665;

(b) Division 2 in Chapter 13 of the Part 121 MOS.

1. Person: a cabin attendant (a CA) under a T&CO whose duties are analogous to those of a senior cabin crew member (a relevant CA).

2. Old event for the relevant CA: successful completion for the operator and aeroplane of the following that was valid immediately before 2 December 2021:

(a) training to perform the duties of a relevant CA, in accordance with the operator’s training and checking manual;

(b) a check of competency or line check (however described) in accordance with the operator’s training and checking manual, that included a check of the performance of duties analogous to those of a senior cabin crew member (a relevant check).

1. For an old event that is 1 of the following:

(a) training — no expiry date;

(b) a relevant check — the earlier of:

(i) the later of the expiry dates of the checks mentioned in column 2;

(ii) the day the relevant CA undertakes a check mentioned in column 1;

(iii) 2 December 2022.

Cabin crew members

10

Cabin crew member initial training

1. Person: a cabin crew member (CCM)

2. New Requirement: CCM initial training for an operator in accordance with the following:

(a) paragraph 121.640 (2) (b);

(b) regulation 121.710;

(c) Division 4 in Chapter 13 of the Part 121 MOS.

1. Person: a CA under a T&CO in accordance with CAR 217.

2. Old event for the CA: successful completion for the operator of initial training (however described) in accordance with the operator’s training and checking manual.

No expiry date

11

Cabin crew member conversion training

1. Person: a CCM.

2. New Requirement: CCM conversion training for an operator and the aeroplane type in accordance with the following:

(a) paragraph 121.640 (2) (c);

(b) regulation 121.715;

(c) regulation 121.730;

(d) Division 5 in Chapter 13 of the Part 121 MOS.

1. Person: a CA under a T&CO

2. Old event for the CA: successful completion for the operator and the aeroplane type of conversion training (however described) in accordance with the operator’s training and checking manual.

No expiry date

12

Cabin crew member differences training

1. Person: a CCM.

2. New Requirement: CCM differences training for an operator and an aeroplane in accordance with the following:

(a) paragraph 121.640 (2) (e);

(b) regulation 121.720.

1. Person: a CA under a T&CO.

2. Old event for the CA: successful completion for the operator and the aeroplane, of differences training (however described) in accordance with the operator’s training and checking manual.

No expiry date

13

Cabin crew member annual training and valid annual training check

1. Person: a CCM.

2. New Requirement: CCM annual training and valid annual training check for an operator and the aeroplane type in accordance with the following:

(a) paragraph 121.640 (2) (f);

(b) regulation 121.725;

(c) Division 6 in Chapter 13 of the Part 121 MOS.

1. Person: a CA under a T&CO.

2. Old event for the CA: successful completion for the operator and the aeroplane type, of the following that was valid immediately before 2 December 2021:

(a) cabin attendant training mentioned in paragraph 13.3 of CAO 20.11; and

(b) emergency procedures proficiency test.

The earlier of the following:

(a) the expiry date of the emergency procedures proficiency test;

(b) the day the CCM undertakes the check mentioned in column 1;

(c) 2 December 2022.

14

Cabin crew member valid line check

1. Person: a CCM.

2. New Requirement: CCM valid line check for an operator and an aeroplane operated by the operator in accordance with the following:

(a) paragraph 121.640 (2) (g);

(b) regulation 121.730.

1. Person: a CA under a T&CO.

2. Old event for the CA: successful completion for the operator and for the aeroplane, of 1 of the following that was valid immediately before 2 December 2021:

(a) a line check (however described) in accordance with the operator’s training and checking manual; or

(b) emergency procedures proficiency test; or

(c) check of competency in accordance with the operator’s training and checking manual.

The earlier of the following:

(a) the latest of the expiry dates of the check under paragraph (a), the emergency procedures proficiency test under paragraph (b) and the check under paragraph (c) in column 2, as applicable;

(b) the day the CCM undertakes the check mentioned in column 1;

(c) 2 December 2022.

15

Cabin crew member 3‑yearly training check

1. Person: a CCM.

2. New Requirement: CCM 3‑yearly training check for an operator and the aeroplane type in accordance with the following:

(a) paragraph 121.640 (2) (h);

(b) regulation 121.735;

(c) Division 7 in Chapter 13 of the Part 121 MOS.

1. Person: a CA under a T&CO.

2. Old event for the CA: successful completion for the operator and the aeroplane type, of the following that was valid immediately before 2 December 2021:

(a) emergency procedures proficiency test.

The earlier of the following:

(a) 3 years after the date of the emergency procedures proficiency test;

(b) the day the CCM undertakes the check mentioned in column 1;

(c) 2 December 2024.

16

English language proficiency

1. Person: a CCM.

2. New Requirement: CCM English language proficiency assessment and assessment report for an operator in accordance with the following:

(a) regulation 121.655;

(b) Division 1 in Chapter 13 of the Part 121 MOS.

1. Person: a CA under a T&CO.

2. Old event for the CA: performance of CA duties on at least 1 charter or regular public transport flight for the operator during which the CA was not under training or supervision, unless the training or supervision was for the purpose of regaining currency or competency.

No expiry date

17

Cabin crew member annual emergency and safety equipment check

Note Only applies for flights for which a cabin crew member is carried but not required.

1. Person: a CCM.

2. New Requirement: CCM annual emergency and safety equipment check (on flights for which a cabin crew member is carried but not required) for an operator and the aeroplane type in accordance with the following:

(a) regulation 121.750.

1. Person: a CA.

2. Old event for the CA: successful completion for the operator and the aeroplane type, of 1 of the following that was valid immediately before 2 December 2021:

(a) emergency procedures proficiency test that was valid immediately before 2 December 2021: or

(b) the unsupervised conduct of relevant duties on a charter passenger flight.

The earlier of the following:

(a) the expiry date of the emergency procedures proficiency test (where applicable);

(b) the day the CCM undertakes the check mentioned in column 1;

(c) 2 December 2022.

\n```","sortOrder":5}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2760},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The instrument maintains its original narrow purpose as a transitional mechanism. While Schedule 1 contains extensive detail mapping old requirements to new ones, this complexity is necessary to achieve the instrument's specific goal: ensuring continuity of crew qualifications during the regulatory transition from the old Civil Aviation Regulations to Part 121 of CASR. It has not expanded beyond its original intent of providing temporary recognition of pre-existing training and checking events."},"complexity_factors":["17 distinct transitional categories in Schedule 1, many containing multiple sub-categories (e.g., separate pathways for crew who were under an old Training and Checking Organisation versus those who were not)","Dense cross-referencing to six different regulatory sources: Civil Aviation Regulations 1988 (CAR), Civil Aviation Orders 20.11 and 82.0, CASR Part 61, CASR Part 121, and the Part 121 Manual of Standards","Snapshot definitions freezing legislation 'as in force immediately before 2 December 2021', creating parallel references to historical and current law","Nested conditional logic in section 6 requiring simultaneous satisfaction of three conditions: existence of new requirement, completion of old event, and flight occurring within specific timeframe","Complex temporal expiry calculations using 'earlier of' and 'later of' multiple variables (e.g., 'the earlier of: the old event's expiry date, 8 months after the old event, the day the new check is undertaken, or 2 December 2022')","Differentiated treatment based on Training and Checking Organisation (T&CO) status under the superseded regulation 217 of CAR","Table-based legislative structure requiring horizontal reading across three columns (new requirement, old event, expiry date) to determine legal effect"],"plain_english_summary":"This instrument provides a temporary bridge for airline pilots, flight engineers and cabin crew, recognising training and safety checks completed under the old Civil Aviation Regulations (pre‑2 Dec 2021) as meeting new Part 121 requirements. It applies to flight crew of larger multi‑engine aircraft and commercial cabin crew.\n\nRecognised qualifications remain valid only until specified expiry dates (mostly Dec 2022–Dec 2024); crew must complete the new Part 121 training before that to retain certification."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"This instrument is explicitly transitional: it deems specified pre‑existing (pre‑2 December 2021) training and checking events to satisfy the new Part 121 requirements for limited periods (see section 6 and Schedule 1). That is consistent with the instrument’s stated purpose (section 4) of managing the regulatory transition from the old CAR/CAO/T&CO regime to CASR Part 121. It does not introduce new substantive training standards or expand who is covered by Part 121 — it only preserves continuity by treating legacy events as meeting new requirements for defined time windows. Therefore it does not materially change the scope of the aviation safety rules beyond a time‑limited transitional equivalence mechanism."},"complexity_factors":["16 distinct Schedule items with separate rules (Items 1–16)","Extensive cross‑referencing to multiple instruments: CAR, CAO 20.11, CAO 82.0, CASR Part 121 regulations and many divisions of the Part 121 Manual of Standards (MOS)","Multiple defined terms and interpretation rules in section 3 (including references to meanings preserved from pre‑2 December 2021 legislation)","Nested conditional logic in section 6 and Schedule 1 (e.g. person categories, old event validity, T&CO status)","Multiple types of expiry rules: no expiry, expiry tied to old event expiry, fixed calendar cut‑offs (2 Dec 2022 / 2024), and ‘earlier of’ combinations","Different rules depending on whether the person was under a T&CO immediately before 2 Dec 2021 (duplicates entries with different expiry outcomes)","Numerous specific exceptions and footnote‑style notes (e.g. notes on what is a relevant flight, definition of ‘kind’ of aircraft)","Operational complexity for compliance: operators must reconcile records across old T&CO records, operator manuals and new Part 121 requirements","Temporal layering: transitional dates create staggered compliance deadlines likely to produce busy follow‑up periods","Interplay with other legislation/regulations (CASR Part 61 instrument proficiency checks, Part 121 checks)"],"plain_english_summary":"**What this instrument does (mechanics)**\n\n- This is a transitional determination made by CASA under regulation 202.418(3) of the Civil Aviation Safety Regulations (see section 6). It treats specified training and checking events that happened under the old regime (Civil Aviation Regulations / CAOs and an operator’s training & checking organisation — T&CO) as if they meet the equivalent new Part 121 training and checking requirements (see Schedule 1).\n- Concretely: if an aircrew member did an “old event” before 2 December 2021 and then flies on a relevant Part 121 flight between 2 December 2021 and the expiry date listed in the Schedule, the instrument deems the corresponding new Part 121 training/checking event to have occurred and the new requirement to have been met (section 6 and Schedule 1).\n- The Schedule lists 16 categories (items) — e.g. initial training, conversion training, recurrent training, proficiency checks, line checks, emergency and safety-equipment training, cabin crew training, English language assessment — and for each it states which old events count as meeting which new requirements and the deadline (expiry date) by which the deemed equivalence applies.\n\n**Who this affects**\n\n- Operators conducting relevant Part 121 flights (large multi‑engine aeroplanes used in Australian air transport operations as defined in CASR Part 121).\n- Flight crew members (FCMs), flight engineers, senior cabin crew members, cabin attendants/crew members (CCMs) whose training/checking was done under the pre‑existing CAR/CAO/T&CO arrangements immediately before 2 December 2021 (Schedule 1 identifies the precise categories and conditions).\n- CASA (the regulator) in that it sets a time‑limited rule for how to treat legacy training events.\n\n**Why it matters (purpose claim and operational effect)**\n\n- The instrument is a transitional measure: it allows operators and crew to rely on past training and checking under the old rules to meet the new Part 121 requirements for a limited time rather than forcing immediate re‑training or re‑checking on 2 December 2021 (see section 4 and section 6). That is the instrument’s stated purpose (section 4).\n\n**Costs, incentives, trade‑offs and implementation issues**\n\n- Who pays: operators and crew generally bear the costs of training and checking. This instrument reduces short‑term financial and scheduling costs by deferring some re‑training/re‑checking obligations for specified periods (Schedule 1). Operators save on immediate retraining expenses; crew avoid immediate downtime.\n\n- Who decides: CASA (by delegate) established the deeming rule; operators retain responsibility for maintaining and recording training/checking in their manuals and for ensuring compliance with the conditions in Schedule 1 (definitions and references to an operator’s training and checking manual appear throughout Schedule 1).\n\n- Incentives and behaviour change: the instrument creates a clear short window during which operators can continue to use legacy evidence of training. That reduces immediate incentive to re‑train, allowing operators to plan phased transitions. It concentrates near‑term benefits on crew and operators with qualifying old events (they avoid near‑term retraining). Over time, as expiry dates pass, those incentives no longer apply and operators must comply with the new Part 121 requirements.\n\n- Trade‑offs and risks: the instrument favours regulatory continuity and reduced short‑term disruption at the cost of a period during which differing standards (old versus new) are accepted as equivalent. The Schedule ties equivalence to specific old events and time windows (for many items the expiry is the earlier of the old event’s expiry date, a fixed calendar date such as 2 December 2022 or 2024, or the date a new check is undertaken). That mitigates an open‑ended mismatch but creates conditionality that operators must track carefully.\n\n- Compliance and administration risk: operators must interpret multiple cross‑references (to CAR, CAOs and the Part 121 Manual of Standards) and apply expiry rules that differ by item and by whether a person was under a T&CO immediately before 2 December 2021. This increases record‑keeping and decision rules for rostering and dispatch (Schedule 1). CASA will need to monitor that operators correctly apply the deeming rules.\n\n- Capture, rent‑seeking or concentrated benefits: the instrument produces concentrated, short‑term benefits to particular operators and crew who had qualifying old events and thus reduces immediate compliance costs for that group. Whether that creates a long‑term competitive effect depends on how broadly the old events were held across operators; the instrument itself does not change who may operate or own aircraft.\n\n- Substitution and unintended consequences: the main likely substitution is timing — operators defer re‑training/checking until later dates set in the Schedule. That may create temporary clustering of training demand near expiry dates, with scheduling and cost effects for training providers.\n\n**Practical points operators and crew should note**\n\n- The Schedule distinguishes people who were under an operator’s T&CO immediately before 2 December 2021 from those who were not; the relevant deadlines and qualifying old events differ on that basis.\n- Some items have no expiry date (i.e. the old event is treated as indefinitely meeting the new requirement), while others have fixed deadlines (2 December 2022 or 2024) or time‑limits tied to the old event’s expiry or a period after the old event (see Schedule 1 entries for each item).\n- The determination cross‑references many specific CASR regulations and divisions of the Part 121 Manual of Standards; operators must ensure their training and checking manuals and records align with those references (see Schedule 1 and Definitions).\n\nSource citations: the instrument is the CASA 91/21 Determination under subregulation 202.418(3) (see section 6 and Schedule 1)."}},"importantCases":[],"_links":{"self":"/api/acts/casa-91-21-training-and-checking-casr-part-121-determination-2021","history":"/api/acts/casa-91-21-training-and-checking-casr-part-121-determination-2021/history","analysis":"/api/acts/casa-91-21-training-and-checking-casr-part-121-determination-2021/analysis","conflicts":"/api/acts/casa-91-21-training-and-checking-casr-part-121-determination-2021/conflicts","importantCases":"/api/acts/casa-91-21-training-and-checking-casr-part-121-determination-2021/important-cases","documents":"/api/acts/casa-91-21-training-and-checking-casr-part-121-determination-2021/documents"}}