{"id":"F2024L00404","name":"CASA EX12/24 – Transitional Training and Checking Requirements for Crew Members in Part 121 Operations – Exemption Instrument 2024 (No. 1)","slug":"casa-ex12-24-transitional-training-and-checking-requirements-for-crew-members-in-part-121-operations","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105155,"registerId":"commonwealth-F2024L00404-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA EX12/24 – Transitional Training and Checking Requirements for Crew Members in Part 121 Operations – Exemption Instrument 2024 (No. 1)","content":"Instrument number CASA EX12/24\n\nI, steven JAMES campbell, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.\n\n\\[Signed S. Campbell\\]\n\nSteven Campbell \nExecutive Manager, National Operations & Standards\n\n27 March 2024\n\nCASA EX12/24 –Transitional Training and Checking Requirements for Crew Members in Part 121 Operations – Exemption Instrument 2024 (No. 1)\n\n1 Name of instrument\n\nThis instrument is CASA EX12/24 – Transitional Training and Checking Requirements for Crew Members in Part 121 Operations – Exemption Instrument 2024 (No. 1).\n\n2 Duration\n\nThis instrument:\n\n(a) commences on 1 April 2024; and\n\n(b) is repealed at the end of 31 March 2027.\n\n3 Definitions\n\nIn this instrument:\n\n> cabin attendant means has the meaning given by subsection 2 of CAO 20.16.3.\n\n> CAO 20.11 means Civil Aviation Order 20.11, as in force immediately before 2 December 2021.\n\n> CAO 20.16.3 means Civil Aviation Order 20.16.3, 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> CASA EX83/21 means CASA EX83/21 – Part 121 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021.\n\n> CASA EX87/21 means CASA EX87/21 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2021.\n\n> emergency procedures proficiency test means the crew member emergency procedures proficiency test specified in Appendix IV of CAO 20.11.\n\n> non-scheduled air transport operation has the meaning given by the CASR Dictionary.\n\n> operator’s training and checking manual means the training and checking content of the operator’s exposition, as it existed immediately before the cessation of the operator’s use of Part 7A of CASA EX87/21, as in force on or before 31 March 2024.\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> T&CO means a training and checking organisation:\n\n(a) approved under regulation 217 of CAR, as in force immediately before 2 December 2021; and\n\n(b) the approval of which was in force immediately before 2 December 2021; and\n\n(c) which continued to be used by the operator until the cessation of the operator’s use of exemptions under Part 7A of CASA EX87/21, as in force on or before 31 March 2024.\n\n4 Application\n\nThis instrument applies to:\n\n(a) each crew member of a relevant flight:\n\n(i) who has a designation mentioned in column 3 of Table 1; and\n\n(ii) to whom a provision mentioned in column 5 of Table 1 applies; and\n\n(b) each operator of a relevant flight.\n\n5 Exemptions\n\n(1) In this section:\n\ncritical date means the date of the cessation of the use, by an operator of a relevant flight, of Part 7 or 7A of CASA EX87/21, as in force on or before 31 March 2024, as applicable to the operator.\n\n(2) If:\n\n(a) on or after the critical date, a requirement (a new requirement), in relation to a training or checking event mentioned in an item of column 1 of Table 1 (a new event), applies in relation to a relevant flight by a person with a designation mentioned in column 2 of the same item (the crew member); and\n\n(b) before the critical date, a training or checking event mentioned in column 4 of the item (the previous event) happened in relation to the crew member (including if under a previous designation mentioned in column 3); and\n\n(c) the relevant flight occurs:\n\n(i) on or after the critical date; and\n\n(ii) before the end of the day specified in column 6 of the item (the expiry date);\n\nthen:\n\n(d) the crew member is exempted from compliance with each provision mentioned in column 5 of the item; and\n\n(e) the operator of the relevant flight is exempted from compliance with the same provision to the extent that the provision:\n\n(i) applies to the operator; or\n\n(ii) imposes on the operator an obligation to ensure that:\n\n(A) the crew member complies with the provision; or\n\n(B) the relevant flight may not commence unless the provision has been complied with.\n\nTable 1\n\n| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 |\n| --------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------ | ------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------ | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| Training or checking event | Current designation | Previous designation | Previous event | Provisions exempted from | Expiry date — the end of: |\n| 1. Flight crew member proficiency check | Flight crew member | Flight crew member subject to a T&CO | Successful completion, under the T&CO, for the operator and the kind of aeroplane, of the following that was valid immediately before the cessation of the operator’s use of Part 7A of CASA EX87/21, as in force on or before 31 March 2024:(a) 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. | (a) subregulation 121.580(1);(b) Division 5 of Chapter 12 of the Part 121 MOS. | The earliest of the following:(a) the expiry date of the check mentioned in paragraph (a) of column 4;(b) 8 months after the date of successful completion of the check mentioned in paragraph (a) of column 4;(c) 31 March 2025. |\n| 2. Flight crew member proficiency check | Flight crew member | Flight crew member not subject to a T&CO | Successful completion of an instrument proficiency check that was valid for the aeroplane under Part 61 of CASR immediately before the cessation of the operator’s use of Part 7 of CASA EX87/21, as in force on or before 31 March 2024. | (a) subregulation 121.580(1);(b) Division 5 of Chapter 12 of the Part 121 MOS. | The earlier of the following:(a) the expiry date of the check mentioned in column 4;(b) 31 March 2025. |\n| 3. Flight crew member line check | Flight crew member | Pilot subject to a T&CO | 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 cessation of the operator’s use of Part 7A of CASA EX87/21, as in force on or before 31 March 2024:(a) a line check (however described) in accordance with the operator’s training and checking manual;(b) a proficiency check or check of competency of a kind mentioned in column 4 of item 1. | (a) regulation 121.565;(b) regulation 121.585;(c) regulation 121.590. | 1. If the relevant flight crew member previous event was a check mentioned in paragraph (a) of column 4, the earlier of the following:(a) the expiry date of the check mentioned in paragraph (a) of column 4;(b) 31 March 2025;OR2. If an operator holds an approval mentioned in paragraph 12(3)(b) of CASA EX83/21, as in force on or before 31 March 2024 — the applicable expiry date under the approval for a flight crew member line check, if it exists, provided the date is no later than the end of 31 March 2026;OR3. If the relevant flight crew member previous event was a check mentioned in paragraph (b) of column 4, the earlier of the following:(a) the expiry date of the check mentioned in paragraph (b) of column 4;(b) 31 March 2025. |\n| 4. Flight crew member line check | Flight crew member | Pilot not subject to a T&CO | Conduct of at least 1 unsupervised flight that is a non-scheduled air transport operation or medical transport operation for the operator and the kind of aeroplane. | (a) regulation 121.565;(b) regulation 121.585;(c) regulation 121.590. | 31 March 2025 |\n| 5. Flight crew member line check | Flight crew member | Flight engineer | Conduct of at least 1 unsupervised flight that is a non-scheduled air transport operation or medical transport operation for the operator and the kind of aeroplane. | (a) regulation 121.565;(b) regulation 121.585;(c) regulation 121.590. | 31 March 2025 |\n| 6. Flight crew member refresher training and check | Flight crew member | Flight crew member subject to a T&CO | Successful completion, under the T&CO, for the operator and the kind of aeroplane, of the following that was valid immediately before the cessation of the operator’s use of Part 7A of CASA EX87/21, as in force on or before 31 March 2024:(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 4 of item 1. | (a) regulation 121.595;(b) regulation 121.600. | The earlier of the following:(a) the expiry date of the check mentioned in paragraph (b) of column 4;(b) 31 March 2025. |\n| 7. Flight crew member refresher training and check | Flight crew member | Flight crew member not subject to a T&CO | Successful completion of an instrument proficiency check that is valid for the aeroplane under Part 61 of CASR immediately before the cessation of the operator’s use of Part 7 of CASA EX87/21, as in force on or before 31 March 2024. | (a) regulation 121.595;(b) regulation 121.600. | The earlier of the following:(a) the expiry date of the check mentioned in column 4;(b) 31 March 2025. |\n| 8. Flight crew member annual emergency safety equipment training and check | Flight crew member | Flight crew member who was required under subsection 12 of CAO 20.11 to undertake and pass for the kind of aeroplane, the emergency procedures proficiency test | Successful completion, for the operator and the kind of aeroplane, of the following that was valid immediately before the cessation of the operator’s use of Part 7 or Part 7A of CASA EX87/21 (as applicable), as in force on or before 31 March 2024:(a) the emergency procedures proficiency test. | (a) regulation 121.605;(b) regulation 121.610;(c) Division 6 in Chapter 12 of the Part 121 MOS. | The earlier of the following:(a) the expiry date of the emergency procedures proficiency test mentioned in column 4;(b) 31 March 2025. |\n| 9. Flight crew member annual emergency safety equipment training and check | Flight crew member | Flight crew member who was not required under subsection 12 of CAO 20.11 to undertake and pass for the kind of aeroplane, the emergency procedures proficiency test | Successful completion, for the operator and the kind of aeroplane, of the following that was valid immediately before the cessation of the operator’s use of Part 7 or Part 7A of CASA EX87/21, as in force on or before 31 March 2024:(a) conduct of at least 1 unsupervised flight that is a non‑scheduled air transport operation or medical transport operation for the operator and the kind of aeroplane. | (a) regulation 121.605;(b) regulation 121.610;(c) Division 6 in Chapter 12 of the Part 121 MOS. | 31 March 2025 |\n| 10. Flight crew member 3‑yearly emergency and safety equipment training and check | Flight crew member | Flight crew member who was required under subsection 12 of CAO 20.11 to undertake and pass for a kind of aeroplane, the emergency procedures proficiency test | Successful completion for the operator and kind of aeroplane of the following that was valid immediately before the cessation of the operator’s use of Part 7 or Part 7A of CASA EX87/21, as in force on or before 31 March 2024:(a) the emergency procedures proficiency test. | (a) regulation 121.615;(b) regulation 121.620;(c) Division 7 in Chapter 12 of the Part 121 MOS. | The earlier of the following:(a) the expiry date of the emergency procedures proficiency test mentioned in column 4;(b) 31 March 2027. |\n| 11. Flight crew member 3‑yearly emergency and safety equipment training and check | Flight crew member | Flight crew member who was not required under subsection 12 of CAO 20.11 to undertake and pass for a kind of aeroplane, the emergency procedures proficiency test | Successful completion, for the operator and kind of aeroplane, of the following that was valid immediately before the cessation of the operator’s use of Part 7 or Part 7A of CASA EX87/21, as in force on or before 31 March 2024:(a) conduct of at least 1 unsupervised flight that is a non‑scheduled air transport operation or medical transport operation for the operator and the kind of aeroplane. | (a) regulation 121.615;(b) regulation 121.620;(c) Division 7 in Chapter 12 of the Part 121 MOS. | 31 March 2027 |\n| 12. Senior cabin crew member training and check | Senior cabin crew member | Cabin attendant subject to a T&CO whose duties are analogous to those of a senior cabin crew member (a relevant CA) | Successful completion for the operator and aeroplane of the following that was valid immediately before the cessation of the operator’s use of Part 7A of CASA EX87/21, as in force on or before 31 March 2024:(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) regulation 121.665;(b) Division 2 in Chapter 13 of the Part 121 MOS. | The earlier of the following:(a) the expiry date of the check mentioned in paragraph (b) of column 4;(b) 31 March 2025. |\n| 13. Cabin crew member annual training and valid annual training check | Cabin crew member | Cabin attendant subject to a T&CO | Successful completion for the operator and the aeroplane type, of the following that was valid immediately before the cessation of the operator’s use of Part 7A of CASA EX87/21, as in force on or before 31 March 2024:(a) cabin attendant training mentioned in paragraph 13.3 of CAO 20.11; and(b) emergency procedures proficiency test. | (a) paragraph 121.640(2)(f);(b) regulation 121.725;(c) Division 6 in Chapter 13 of the Part 121 MOS. | The earlier of the following:(a) the expiry date of the emergency procedures proficiency test mentioned in paragraph (b) of column 4;(b) 31 March 2025. |\n| 14. Cabin crew member valid line check | Cabin crew member | Cabin attendant subject to a T&CO | Successful completion for the operator and for the aeroplane, of 1 of the following that was valid immediately before the cessation of the operator’s use of Part 7A of CASA EX87/21, as in force on or before 31 March 2024:(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. | (a) paragraph 121.640(2)(g);(b) regulation 121.730. | 1. If the relevant cabin crew member previous event was a check mentioned in paragraph (a) of column 4, the earlier of the following:(a) the expiry date of the check mentioned in paragraph (a) of column 4;(b) 31 March 2025;OR2. If the relevant cabin crew member previous event was a test mentioned in paragraph (b) or a check mentioned in paragraph (c) of column 4, the earlier of the following:(a) the expiry date of the test mentioned in paragraph (b) of column 4;(b) the expiry date of the check mentioned in paragraph (c) of column 4;(c) 31 March 2025. |\n| 15. Cabin crew member 3‑yearly training check | Cabin crew member | Cabin attendant subject to a T&CO | Successful completion for the operator and the aeroplane type, of the following that was valid immediately before the cessation of the operator’s use of Part 7A of CASA EX87/21, as in force on or before 31 March 2024:(a) emergency procedures proficiency test. | (a) paragraph 121.640(2)(h);(b) regulation 121.735;(c) Division 7 in Chapter 13 of the Part 121 MOS. | The earlier of the following:(a) The expiry date of the emergency procedures proficiency test mentioned in column 4;(b) 31 March 2027. |\n| 16. Cabin crew member annual emergency and safety equipment checkNote Only applies for flights for which a cabin crew member is carried but not required. | Cabin crew member | Cabin attendant | Successful completion for the operator and the aeroplane type, of 1 of the following that was valid immediately before the cessation of the operator’s use of Part 7 or Part 7A of CASA EX87/21, as in force on or before 31 March 2024:(a) emergency procedures proficiency test; or(b) unsupervised conduct of relevant duties on a flight that is an air transport operation. | (a) regulation 121.750. | 31 March 2025 |\n| 17. Flight crew member initial training | Flight crew member | Flight crew member subject to a T&CO | Successful completion, under the T&CO, of the operator’s initial training (however described) in accordance with the operator’s training and checking manual. | (a) paragraph 121.475(2)(i);(b) subregulation 121.555(1);(c) Division 2 in Chapter 12 of the Part 121 MOS. | 31 March 2027 |\n| 18. Flight crew member initial training | Flight crew member | Flight crew member not subject to a T&CO | Successful completion, for the operator and kind of aeroplane, of the following that was valid immediately before the cessation of the operator’s use of Part 7 of CASA EX87/21, as in force on or before 31 March 2024:(a) conduct of at least 1 unsupervised flight that is a non‑scheduled air transport operation or medical transport operation for the operator and the kind of aeroplane. | (a) paragraph 121.475(2)(i);(b) subregulation 121.555(1);(c) Division 2 in Chapter 12 of the Part 121 MOS. | 31 March 2027 |\n| 19. Flight crew member conversion training | Flight crew member | Flight crew member subject to a T&CO | 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. | (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. | 31 March 2027 |\n| 20. Flight crew member conversion training | Flight crew member | Flight crew member not subject to a T&CO | Successful completion, for the operator and kind of aeroplane, of the following that was valid immediately before the cessation of the operator’s use of Part 7 of CASA EX87/21, as in force on or before 31 March 2024:(a) conduct of at least 1 unsupervised flight that is a non‑scheduled air transport operation or medical transport operation for the operator and the kind of aeroplane. | (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. | 31 March 2027 |\n| 21. Cabin crew member initial training | Cabin crew member | Cabin attendant subject to a T&CO | Successful completion, under the T&CO, of the operator’s initial training (however described) in accordance with the operator’s training and checking manual. | (a) paragraph 121.640(2)(b);(b) regulation 121.710;(c) Division 4 in Chapter 13 of the Part 121 MOS. | 31 March 2027 |\n| 22. Cabin crew member conversion training | Cabin crew member | Cabin attendant subject to a T&CO | Successful completion, under the T&CO, for the operator and type of aeroplane, of the operator’s conversion training (however described) in accordance with the operator’s training and checking manual. | (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. | 31 March 2027 |\n| 23. Cabin crew member differences training | Cabin crew member | Cabin attendant subject to a T&CO | Successful completion, under the T&CO, for the operator and the aeroplane, of the operator’s differences training (however described) in accordance with the operator’s training and checking manual. | (a) paragraph 121.640(2)(e);(b) regulation 121.720. | 31 March 2027 |\n| 24. Cabin crew member English language proficiency | Cabin crew member | Cabin attendant | Performance of cabin attendant duties on at least 1 flight that is an air transport operation for the operator during which the cabin attendant was not under training or supervision, unless the training or supervision was for the purpose of regaining currency or competency. | (a) regulation 121.655;(b) Division 1 in Chapter 13 of the Part 121 MOS. | 31 March 2027 |","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"This instrument is narrowly scoped as transitional relief and does not broaden the substantive regulatory obligations beyond recognising prior training/checking events for a limited time. It stays within the original, narrowly corrective purpose of smoothing the transition from reliance on earlier CASA exemptions (CASA EX87/21 and related instruments/CAOs) to current Part 121 requirements. It does not create new permanent regulatory duties or widen the classes of operations subject to Part 121; it only time‑limits exemptions for specific prior events and operators who ceased using the prior exemptions."},"complexity_factors":["24 discrete items in Table 1 covering different crew roles and training/check types","Multiple defined terms in section 3 referencing other instruments (CAO 20.11, CAO 20.16.3, CAO 82.0, Part 121 MOS, CASA EX83/21, CASA EX87/21, T&CO, etc.)","Extensive cross‑referencing to CASR Part 61, Part 121 regulations (many specific regs cited), CAOs and MOS chapters/divisions","Conditional logic tied to an operator‑specific “critical date” (s5(1))","Different qualification routes (T&CO‑based checks, Part 61 instrument checks, unsupervised operational flights) with separate expiry rules","Nested expiry rules and alternatives within several items (e.g. item 3 has three alternative expiry methods)","Operator and individual crew exemptions operate differently and exemptions attach only to specified provisions or to the extent the operator is obliged (s5(2)(e))","Temporal layering — some exemptions expire in 2025, others in 2027, others by expiry of prior checks, requiring individualized tracking"],"plain_english_summary":"**What this instrument does (mechanical effect)**\n\n- This is a temporary exemption instrument made by CASA that takes effect from 1 April 2024 and expires on 31 March 2027 (see section 2). \n- It creates a schedule of conditional, time‑limited exemptions from particular Part 121 regulations and Manual of Standards (MOS) provisions for crew members and the Part 121 operators who employ them (see sections 4 and 5 and Table 1). \n- The exemptions apply only where a crew member has already completed a specified prior training or checking event before a specified “critical date” (the date the operator stopped using Part 7 or 7A of CASA EX87/21) and where the relevant flight is on or after that critical date but before the expiry date shown in Table 1 (section 5 and Table 1). \n- Table 1 lists 24 different training/checking events (flight crew and cabin crew: proficiency checks, line checks, refresher training, emergency equipment training, initial/conversion/differences training, English language proficiency, etc.), identifies the prior event that will be accepted, specifies which Part 121 regulation/MOS requirement the crew member and operator are exempted from (column 5), and gives a firm expiry date or formula for expiry (column 6). \n- The exemptions apply to both the individual crew member and, to the extent relevant, to the operator (for example, where the regulation imposes an operator duty or requires the operator to ensure the crew member complies) (section 5(2)(e)).\n\n**Who this affects**\n\n- Primary beneficiaries are flight crew and cabin crew on “relevant flights” (Part 121 aeroplane operations) and the operators of those flights, where the crew and/or operator previously relied on training/checks done under: \n - a training & checking organisation (T&CO) approval in force immediately before 2 December 2021 and used by the operator up to the cessation of Part 7/7A exemptions under CASA EX87/21; or \n - earlier Civil Aviation Orders (CAOs) or Part 61 instrument checks or unsupervised operational flights that were valid immediately before the cessation of the operator’s use of the prior exemptions. \n- The instrument explicitly distinguishes between crew who were subject to a T&CO and those who were not, and the qualifying prior event differs by category (see definitions in section 3 and each item in Table 1).\n\n**Why it matters (stated purpose and practical effect)**\n\n- The instrument provides a transitional window so that operators and crew who have recent, valid training/checks done under the previous framework are not immediately required to repeat those activities to meet Part 121 requirements. \n- Practically, that delays the immediate administrative and training burden on operators and crew while the system transitions from reliance on earlier CASA exemptions (CASA EX87/21 and related instruments/CAOs) to the current Part 121 MOS and CASR requirements.\n\n**How it works in practice (what people must do differently)**\n\n- To rely on an exemption an operator and crew must show the prior qualifying event occurred before the operator’s “critical date” (section 5(2)(a)–(c)). \n- The exemption only lasts until the expiry date in Table 1 for the particular item (many expire on 31 March 2025 or 31 March 2027; some use other earlier dates or the expiry of the original check) (Table 1, column 6). \n- Operators must maintain evidence that the crew met the specified prior events and must track the different expiry rules for each crew member and each item. \n\n**Official rationale (stated) and a brief analytical test against costs and incentives**\n\n- Stated rationale: provide transitional relief recognising prior training/checks so operations can continue while the regulatory framework changes. \n- Costs and trade‑offs: \n - Benefit concentration: operators and crew with qualifying prior events get immediate relief (reduced short‑term cost). \n - Diffuse costs/risks: CASA and the public may face a short period in which some crew are operating under earlier checks that are not an exact match for new Part 121 MOS standards; the instrument attempts to limit this by time‑bounding the relief (Table 1, column 6). \n - Compliance cost shifts: operators must expend resources to document prior events, track multiple expiry rules, and ensure individual crew remain within the exemption windows (administrative burden described in section 5 and the Table). \n - Incentives for behaviour: some operators may delay scheduling formal Part 121 checks until closer to the expiry dates; conversely, training providers could see reduced immediate demand for new Part 121 training but increased demand later when exemption windows close. \n - Implementation risk: the instrument relies heavily on precise record evidence (which training/check, when it was valid, whether it was under a T&CO), and on correctly identifying each operator’s critical date — mistakes or poor recordkeeping would create legal uncertainty about whether exemptions apply (see definition of critical date in section 5(1) and the operator’s training and checking manual definition in section 3). \n\n**Who pays, who decides, what changes**\n\n- Who pays: operators bear the administrative cost of proving crew previous events and of timing training to the exemption expiry dates; crew avoid immediate retraining costs but must retrain before the exemption expiry if required. \n- Who decides: CASA (by delegate) issued the instrument under CASR regulations (instrument preamble cites regulations 11.160, 11.205 and 11.245); operators decide operationally who will rely on the exemption and must keep the evidence. \n- Behaviour changes: short‑term postponement of formal Part 121 training/checks for qualifying crew; greater reliance on historical T&CO checks, Part 61 instrument checks, or unsupervised operational flights as the qualifying prior event (see relevant items in Table 1). \n\n**Practical compliance points to note**\n\n- The exemptions are not open‑ended: each item has a narrowly defined expiry rule (Table 1, column 6). \n- The instrument differentiates T&CO‑subject crew and non‑T&CO crew; the qualifying prior events differ and so do expiry treatments (see Table 1 items 1–2, 6–7, 17–20, etc.). \n- Some items reference separate approvals (e.g. CASA EX83/21 approval in item 3) creating an additional conditional path to a different expiry date — operators relying on that path must confirm the approval and its terms pre‑date the cessation event. \n\nRelevant sections: commencement and repeal (section 2); definitions of key terms and cross‑referenced documents (section 3); application (section 4); exemptions mechanics and the definition of critical date (section 5 and Table 1)."},"kimi_summary":{"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: providing transitional relief for training and checking requirements during the migration from pre-December 2021 aviation rules to the Part 121 regime. The 24 scenarios in Table 1, while extensive, all serve this single transitional purpose and do not expand into unrelated operational areas."},"complexity_factors":["24 distinct exemption scenarios in Table 1, each with unique conditions and expiry dates","Heavy cross-referencing to external instruments: CASA EX83/21, CASA EX87/21, CAO 20.11, CAO 20.16.3, CAO 82.0, and the Part 121 Manual of Standards","Multiple defined terms (11 definitions) including nested references to other legislative instruments","Complex conditional logic in Section 5(2) requiring satisfaction of three cumulative conditions (new requirement applies, previous event occurred, flight occurs within specific timeframe) before exemption triggers","Variable expiry dates within single table items (e.g., Item 3 has three alternative expiry date calculations depending on circumstances)","Distinction between crew members 'subject to a T&CO' and 'not subject to a T&CO' creating parallel but slightly different exemption pathways","References to provisions 'as in force immediately before 2 December 2021' and 'as in force on or before 31 March 2024' creating temporal version control complexity","Nested exceptions and qualifications within column 6 expiry dates (e.g., 'the earlier of' multiple dates, conditional extensions to 31 March 2026 for certain approvals)"],"plain_english_summary":"This instrument provides a temporary “bridge” for Part 121 airlines and their flight and cabin crew, allowing training and checks completed under the old T&CO system to count toward new Part 121 requirements. It exempts immediate re‑training for qualifying crew, sets scenario‑specific transitional treatments and expiry dates, and runs from 1 April 2024 until 31 March 2027 to give industry time to complete the switch."}},"importantCases":[],"_links":{"self":"/api/acts/casa-ex12-24-transitional-training-and-checking-requirements-for-crew-members-in-part-121-operations","history":"/api/acts/casa-ex12-24-transitional-training-and-checking-requirements-for-crew-members-in-part-121-operations/history","analysis":"/api/acts/casa-ex12-24-transitional-training-and-checking-requirements-for-crew-members-in-part-121-operations/analysis","conflicts":"/api/acts/casa-ex12-24-transitional-training-and-checking-requirements-for-crew-members-in-part-121-operations/conflicts","importantCases":"/api/acts/casa-ex12-24-transitional-training-and-checking-requirements-for-crew-members-in-part-121-operations/important-cases","documents":"/api/acts/casa-ex12-24-transitional-training-and-checking-requirements-for-crew-members-in-part-121-operations/documents"}}