{"id":"F2024L01442","name":"CASA EX76/24 – CAR Part 5 – Exemption Instrument 2024","slug":"casa-ex76-24-car-part-5-exemption-instrument-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105438,"registerId":"commonwealth-F2024L01442-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA EX76/24 – CAR Part 5 – Exemption Instrument 2024","content":"Instrument number CASA EX76/24\n\nI, STEVEN JAMES CAMPBELL, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.\n\n\\[Signed S. Campbell\\]\n\nSteven Campbell  \nExecutive Manager, National Operations & Standards\n\n11 November 2024\n\nCASA EX76/24 – CAR Part 5 – Exemption Instrument 2024\n\n1 Name\n\nThis instrument is CASA EX76/24 – CAR Part 5 – Exemption Instrument 2024.\n\n2 Duration\n\nThis instrument:\n\n(a) commences on 12 November 2024; and\n\n(b) is repealed at the end of 11 November 2027.\n\n3 Definitions\n\n(1) In this instrument:\n\n> CAR means the Civil Aviation Regulations 1988.\n\n> CASR means the Civil Aviation Safety Regulations 1998.\n\n> CP(B)L means commercial pilot (balloon) licence.\n\n> Part 131 ASAO has the meaning given by the CASR Dictionary.\n\n> relevant authorisation means an authorisation from a relevant Part 131 ASAO that authorises the holder to operate a Part 131 aircraft.\n\n> relevant Part 131 ASAO means a Part 131 ASAO that was issued with an ASAO certificate on or after 12 November 2024.\n\n> Note For ASAO certificates see Part 149 of CASR.\n\n> relevant permit has the same meaning as in Civil Aviation Order 95.54 (Part 131 Recreational Activity and Specialised Balloon Operations) Instrument 2024.\n\n(2) In this instrument, a certificate or licence issued by the competent authority of a foreign country is at least equivalent to a relevant permit or a relevant authorisation if it authorises the holder of the certificate or licence to fly balloons as pilot in command in private operations.\n\n(3) Unless the contrary intention appears, words and phrases in this instrument have the same meaning as in or under Part 5 of CAR.\n\n4 Table of Contents\n\nA Table of Contents may be added to the front of the compilation of this instrument but it is for reader guidance only and is not a formal part of this instrument.\n\n5 Application\n\nEach section of this instrument applies, according to its terms, to each person who is mentioned in the section.\n\n6 Exemptions — CP(B)L qualifications\n\n(1) This section applies to an applicant to hold a CP(B)L (the applicant).\n\n(2) The applicant is exempted from compliance with the following provisions of CAR in relation to the requirements to be qualified to hold a CP(B)L:\n\n(a) paragraph 5.138(1)(b);\n\n(b) paragraph 5.138(1)(c);\n\n(c) subparagraph 5.138(2)(a)(ii);\n\n(d) subparagraph 5.138(2)(b)(ii).\n\n7 Exemptions – CP(B)L qualifications – conditions\n\nThe exemptions under section 6 are subject to the following conditions:\n\n(a) for paragraph 5.138(1)(b) — the applicant must hold a relevant permit or a relevant authorisation;\n\n(b) for paragraph 5.138(1)(c) — the applicant must have held one of the following for at least one year:\n\n(i) a relevant permit;\n\n(ii) a relevant authorisation;\n\n(ii) a certificate or licence issued by the competent authority of a foreign country that is at least equivalent to such a relevant permit or relevant authorisation;\n\n> Note For the meaning of this equivalence, see subsection 3(2).\n\n(c) for subparagraph 5.138(2)(a)(ii) — the applicant must satisfy the following:\n\n(i) the requirements of subregulation 5.138(1), other than paragraphs 5.138(1)(b), (c) and (f);\n\n(ii) the conditions mentioned in paragraphs (a) and (b) of this section as if they applied for this paragraph (c);\n\n(d) for subparagraph 5.138(2)(b)(ii) — the applicant must satisfy the following:\n\n(i) the requirements of subregulation 5.138(1), other than paragraphs 5.138(1)(b), (c), (e) and(f);\n\n(ii) the conditions mentioned in paragraphs (a) and (b) of this section as if they applied for this paragraph (d).","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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument appears tightly scoped to its original purpose. It creates a specific, time-limited exemption for CP(B)L qualifications tied to the introduction of Part 131 ASAOs. The three-year sunset clause (repeal on 11 November 2027) suggests this is a transitional measure as intended, not scope creep. The instrument does not expand beyond balloon pilot licensing or create broad discretionary powers."},"complexity_factors":["Multiple nested defined terms requiring cross-referencing (e.g., 'relevant Part 131 ASAO' depends on 'Part 131 ASAO' which is defined in CASR Dictionary, and 'ASAO certificate' references Part 149 of CASR)","Equivalence testing for foreign qualifications requires interpreting subsection 3(2) against external documents (foreign licences)","Conditional logic in section 7 creates layered requirements — exemptions apply only if specific alternative conditions are met, and these conditions themselves incorporate other conditions by reference","Cross-referencing between CAR Part 5 (1988 regulations) and CASR Parts 131 and 149 (1998 regulations) requires familiarity with two separate regulatory frameworks","Subsections 7(c) and 7(d) incorporate conditions 'as if' they applied, creating hypothetical application of rules","External document dependency — requires knowledge of Civil Aviation Order 95.54 (a separate legislative instrument) for definition of 'relevant permit'"],"plain_english_summary":"This instrument creates a temporary exemption allowing experienced balloon pilots to obtain a Commercial Pilot (Balloon) Licence without meeting certain old CAR training/experience requirements. It applies to pilots holding Part 131 ASAO permits or equivalent foreign qualifications (held at least one year) and runs from 12 Nov 2024 to 11 Nov 2027. It’s a bridging measure to recognise newer ASAOs and overseas experience while regulatory systems transition."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"No indication in the instrument that it alters an earlier instrument's scope. It creates a discrete, temporary exemption regime for CP(B)L applicants with explicit conditions and defined temporal bounds; there is no text in this instrument showing a change from an earlier stated scope."},"complexity_factors":["Time-limited operation (section 2) — creates a known expiry, requiring monitoring and potential renewal.","Cross-references to multiple instruments and regulations (instrument header; sections 3, 6) — relies on CAR, CASR, Part 131 definitions and Civil Aviation Order 95.54 for operative meaning.","Conditional exemptions (section 7) — exemptions are not blanket: eligibility depends on holding relevant permits/authorisations and satisfying other subregulation requirements.","Foreign-certificate equivalence (section 3(2)) — introduces a substantive equivalence test for non‑Australian licences that requires factual assessment.","Limited target population (sections 5–6) — applies only to CP(B)L applicants and specified Part 131 ASAO contexts, narrowing but increasing the need to identify covered persons.","Delegated decision-maker (instrument header/signature) — a CASA delegate makes and enforces the instrument, concentrating administrative discretion."],"plain_english_summary":"This CASA instrument temporarily exempts certain applicants for a commercial pilot (balloon) licence (CP(B)L) from specified Civil Aviation Regulations qualification requirements. It operates from 12 November 2024 to 11 November 2027 and makes those exemptions conditional on holding a relevant Part 131 authorisation or permit (or an equivalent foreign balloon pilot licence) and meeting the other remaining subregulation requirements. It affects people seeking CP(B)Ls, Part 131 ASAO holders and equivalent foreign certificate holders; CASA delegates administer the conditions and compliance."}},"importantCases":[],"_links":{"self":"/api/acts/casa-ex76-24-car-part-5-exemption-instrument-2024","history":"/api/acts/casa-ex76-24-car-part-5-exemption-instrument-2024/history","analysis":"/api/acts/casa-ex76-24-car-part-5-exemption-instrument-2024/analysis","conflicts":"/api/acts/casa-ex76-24-car-part-5-exemption-instrument-2024/conflicts","importantCases":"/api/acts/casa-ex76-24-car-part-5-exemption-instrument-2024/important-cases","documents":"/api/acts/casa-ex76-24-car-part-5-exemption-instrument-2024/documents"}}