{"id":"F2021L01398","name":"CASA EX87/21 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2021","slug":"casa-ex87-21-flight-operations-regulations-sms-hfp-nts-and-t-c-systems-supplementary-exemptions-and-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102114,"registerId":"commonwealth-F2021L01398-current","compilationNumber":null,"startDate":"2026-04-03","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 121","sectionType":"part","heading":"operators – aeroplanes – exemptions](#_Toc152846789)","content":"Part 121 operators – aeroplanes – exemptions](#_Toc152846789)\n\n[30 Application of Part 7](#_Toc152846790)\n\n[31 Exemptions](#_Toc152846791)\n\n[32 Conditions of the exemptions — safety](#_Toc152846792)\n\n[33 Directions to take preparatory steps](#_Toc152846793)\n\n[34 Expiry of the exemptions](#_Toc152846794)\n\n[Part 7A Former RPT, charter and aerial work (air ambulance) operators under a \nCAR 217 training and checking organisation – exemptions as Australian \nair transport operators](#_Toc152846795)\n\n[34A Application of Part 7A](#_Toc152846796)\n\n[34B Exemptions — scope and related conditions](#_Toc152846797)\n\n[34C Condition — no change to training and checking manual unless approved](#_Toc152846798)\n\n[34D Directions to take preparatory steps](#_Toc152846799)\n\n[34E Expiry of the exemptions](#_Toc152846800)\n\n[Part 8 Training and checking systems – Australian air transport operators – \n","sortOrder":0},{"sectionNumber":"Part 133","sectionType":"part","heading":"operations – rotorcraft – exemptions](#_Toc152846801)","content":"Part 133 operations – rotorcraft – exemptions](#_Toc152846801)\n\n[35 Application of Part 8](#_Toc152846802)\n\n[36 Exemptions](#_Toc152846803)\n\n[37 Conditions of the exemptions — safety](#_Toc152846804)\n\n[38 Directions to take preparatory steps](#_Toc152846805)\n\n[39 Expiry of the exemptions](#_Toc152846806)\n\n[Part 9 Training and checking systems – Australian air transport operators – \n","sortOrder":1},{"sectionNumber":"Part 135","sectionType":"part","heading":"operations and Subpart 121.Z operations – aeroplanes –","content":"Part 135 operations and Subpart 121.Z operations – aeroplanes – \nexemptions](#_Toc152846807)\n\n[40 Application of Part 9](#_Toc152846808)\n\n[41 Exemptions](#_Toc152846809)\n\n[42 Conditions of the exemptions — safety](#_Toc152846810)\n\n[43 Directions to take preparatory steps](#_Toc152846811)\n\n[44 Expiry of the exemptions](#_Toc152846812)\n\n[Part 10 Training and checking systems – aerial work operators – exemptions](#_Toc152846813)\n\n[45 Definition and application of Part 10](#_Toc152846814)\n\n[46 Exemptions](#_Toc152846815)\n\n[47 Conditions of the exemptions — safety](#_Toc152846816)\n\n[48 Directions to take preparatory steps](#_Toc152846817)\n\n[49 Expiry of the exemptions](#_Toc152846818)\n\n[Part 11 Flight data analysis programs – Australian air transport operators – \nexemption](#_Toc152846819)\n\n[50 Application of Part 11](#_Toc152846820)\n\n[51 Exemption](#_Toc152846821)\n\n[52 Conditions of the exemption — safety](#_Toc152846822)\n\n[53 Directions to take preparatory steps](#_Toc152846823)\n\n[54 Expiry of the exemptions](#_Toc152846824)\n\n[Note to CASA EX87/21 – Flight Operations Regulations – SMS, HFP&NTS and \nT&C Systems – Supplementary Exemptions and Directions Instrument 2021](#_Toc152846825)\n\n","sortOrder":2},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary and Definitions","content":"Part 1 Preliminary and Definitions\n\n1 Name\n\nThis instrument is CASA EX87/21 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2021.\n\n","sortOrder":3},{"sectionNumber":"2","sectionType":"section","heading":"Repeal","content":"2 Repeal\n\nThis instrument is repealed at the end of 1 December 2024.\n\n","sortOrder":4},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"3 Definitions\n\n(1) In this instrument:\n\n> aerial work (air ambulance) operation has the same meaning as in regulation 202.405 of CASR.\n\n> aerial work operation has the meaning given by the CASR Dictionary.\n\n> aerial work operator has the meaning given by the CASR Dictionary.\n\n> Note An aerial work operator is the holder of an aerial work certificate.\n\n> Australian air transport operation has the meaning given by the CASR Dictionary.\n\n> Australian air transport operator has the meaning given by the CASR Dictionary.\n\n> CAO is short for Civil Aviation Order and has the same meaning as in subregulation 2 (1) of CAR.\n\n> CAR means the Civil Aviation Regulations 1988.\n\n> CASR means the Civil Aviation Safety Regulations 1998.\n\n> charter operation has the same meaning as in paragraph 2 (7) (b) of CAR, as in force immediately before 2 December 2021.\n\n> civil aviation legislation has the meaning given by section 3 of the Civil Aviation Act 1988.\n\n> commencement date means 2 December 2021.\n\n> early applicant, for a particular AOC or AOC variation, means a person:\n\n(a) who at least 90 days before the commencement date — applied for the AOC or AOC variation under the civil aviation legislation in force on the date of the application; but\n\n(b) whose application was still under consideration by CASA on the commencement date.\n\n> FDAP is short for flight data analysis program.\n\n> HFP&NTS program means an Australian air transport operator’s program for training and assessing operational safety-critical personnel in human factors principles and non‑technical skills.\n\n> HFP&NTS program exposition content means the content of a relevant Australian air transport operator’s exposition about HFP&NTS program matters, for the operator’s proposed compliance with the provisions mentioned in section 26.\n\n> human factors principles or HFP has the meaning given by the CASR Dictionary.\n\n> key personnel has the meaning given by the CASR Dictionary.\n\n> MOS is short for Manual of Standards.\n\n> MTOW is short for maximum take-off weight.\n\n> non-technical skills or NTS has the meaning given by the CASR Dictionary.\n\n> operational safety-critical personnel has the meaning given by the CASR Dictionary.\n\n> Part 121 operation has the meaning given by the CASR Dictionary.\n\n> Part 133 operation has the meaning given by the CASR Dictionary.\n\n> Part 142 activity has the meaning given by subregulation 142.015 (1) of CASR.\n\n> regular public transport operation has the same meaning as in paragraph 2 (7) (c) of CAR, as in force immediately before 2 December 2021.\n\n> safety management system or SMS:\n\n(a) for an Australian air transport operator — has the meaning given by the CASR Dictionary; and\n\n(b) for an aerial work operator — has the same meaning as in regulation 138.145.\n\n> scheduled air transport operation has the meaning given by the CASR Dictionary.\n\n> SMS exposition content means the content of a relevant Australian air transport operator’s exposition about SMS, for the operator’s proposed compliance with the CASR provisions from which a relevant Part of this instrument has exempted the operator.\n\n> SMS implementation plan means a relevant operator’s detailed plan to develop and implement a safety management system for the operator’s air transport operations or relevant aerial work operations, as the case requires.\n\n> Note CASA has published on its website detailed guidance material on SMS implementation plans, including an SMS implementation resource kit. The guidance material addresses what an SMS must contain, how the contents requirements may be satisfied, and related operator management responsibilities.\n\n> SMS manual content means the content of an aerial work operator’s safety management system manual for the operator’s proposed compliance with the CASR provisions from which a relevant Part of this instrument has exempted the operator, and includes any related content contained in the operator’s operations manual.\n\n> Subpart 121.Z operation means an operation mentioned in subregulation 121.005(2).\n\n> T&C is short for training and checking.\n\n> T&C exposition content means the content of an Australian air transport operator’s exposition about training and checking matters for the operator’s proposed compliance with the CASR provisions from which a relevant Part of this instrument has exempted the operator.\n\n> T&C manual content means the content of an aerial work operator’s training and checking manual for the operator’s proposed compliance with the CASR provisions from which a relevant Part of this instrument has exempted the operator, and includes any relevant content contained in the operator’s operations manual.\n\n> the Act means the Civil Aviation Act 1988.\n\n(2) Subject to subsection (1), in this instrument, words and expressions have the same meaning as in CASR, the CASR Dictionary and the Act, as applicable.\n\n(3) To avoid doubt, in this instrument, unless a contrary intention appears, mention of a provision with one of the following prefixes is a reference to that provision as contained in the Part of CASR that uses the same prefix in its title:\n\n“11.”, “119.”, “121.”, “133.”, “135.”, “138.”.\n\n(4) Unless the contrary intention is expressed, any document incorporated into this instrument is so incorporated as it is in force from time to time.\n\n","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Application","content":"4 Application\n\nThis instrument applies to operators according to its terms.\n\n","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Safety management systems – Australian air transport operators – excluding certain Part 142 activities – exemptions","content":"Part 2 Safety management systems – Australian air transport operators – excluding certain Part 142 activities – exemptions\n\n","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Application of Part 2","content":"5 Application of Part 2\n\nThis Part applies to an Australian air transport operator (the relevant operator) who, immediately before 2 December 2021:\n\n(a) held an AOC, or was an early applicant for an AOC or an AOC variation that:\n\n(i) authorised charter operations, or aerial work (air ambulance) operations; and\n\n(iii) did not authorise Part 142 activities in an aircraft; and\n\n(b) was not the subject of a direction under regulation 11.245 to have an SMS.\n\n","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Exemptions","content":"6 Exemptions\n\n(a) regulation 119.035;\n\n(b) subparagraphs 119.130 (1) (b) (iii) and (v);\n\n(c) paragraph 119.130 (1) (c);\n\n(d) regulation 119.155;\n\n(e) regulation 119.160;\n\n(f) regulation 119.190;\n\n(g) paragraph 119.205 (1) (e), but only in relation to the safety manager.\n\n> Note For exemption in relation to FDAP requirements under regulation 119.195, refer to Part 11 of this instrument.\n\n","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Conditions of the exemptions — safety","content":"7 Conditions of the exemptions — safety\n\n(1) It is a condition of the exemptions in section 6 that the relevant operator must not commence scheduled air transport operations until the relevant operator has complied with the directions in section 8.\n\n(2) It is a condition of the exemptions in section 6 that the relevant operator must ensure that:\n\n(a) operational safety-critical personnel (the personnel) actively seek to identify any safety risks arising from the operator’s operations; and\n\n(b) the personnel bring identified safety risks to the attention of the operator’s key personnel as soon as practicable; and\n\n(c) the operator’s key personnel:\n\n(i) review the identified safety risks; and\n\n(ii) if ongoing aviation safety requires the risks to be addressed — implement corrective safety controls as soon as practicable through changes to the operator’s exposition; and\n\n(d) the operator’s key personnel oversee the recording, and retention for the relevant period identified in the operator’s exposition, of:\n\n(i) the identified safety risks; and\n\n(ii) the corrective safety controls implemented to address those risks; and\n\n(e) procedures are set out in the operator’s exposition designed to achieve the outcomes mentioned in paragraphs (a) to (d).\n\n","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Directions to take preparatory steps","content":"8 Directions to take preparatory steps\n\n(1) A relevant operator who has taken the benefit of any exemption under section 6 must:\n\n(a) not later than the end of 3 April 2023 — give CASA an SMS implementation plan; and\n\n(b) not later than the end of a date specified in writing by CASA — give CASA the proposed SMS exposition content, along with any supporting documents that are specified in writing by CASA; and\n\n> Note Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed SMS exposition content.\n\n(c) subject to subsection (3), not commence using its proposed SMS exposition content until the day it receives CASA’s written advice that it may do so.\n\n> Note Receiving the written advice would permit a relevant operator to use the proposed SMS exposition content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 9.\n\n(3) Paragraph (1) (c) does not apply to an operator’s use of its proposed SMS exposition content for purposes other than compliance with civil aviation legislation.\n\n> Note For example, paragraph (1) (c) does not prevent an operator using its proposed SMS exposition content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an SMS.\n\n","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Expiry of the exemptions","content":"9 Expiry of the exemptions\n\nThe exemptions under section 6 expire for a relevant operator at the end of a date specified in writing by CASA.\n\n> Note Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of the specified date.\n\n","sortOrder":12},{"sectionNumber":"Part 4","sectionType":"part","heading":"Safety management systems – aerial work operations – excluding certain Part 142 activities – exemptions","content":"Part 4 Safety management systems – aerial work operations – excluding certain Part 142 activities – exemptions\n\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Definition and application of Part 4","content":"15 Definition and application of Part 4\n\n(1) In this Part:\n\n> relevant aerial work operation means an aerial work operation for which the aerial work operator:\n\n(a) is required to have an SMS under subregulation 138.140 (1); and\n\n(b) is not relieved of that requirement by subregulation 138.140 (2).\n\n(2) This Part applies to an aerial work operator (the relevant operator) who, immediately before 2 December 2021:\n\n(a) held an AOC, or was an early applicant for an AOC or an AOC variation, that:\n\n(i) authorised an aerial work operation (other than an aerial work (air ambulance) operation); and\n\n(iii) did not authorise Part 142 activities in an aircraft; and\n\n(b) was not the subject of a direction under regulation 11.245 to have an SMS.\n\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Exemptions","content":"16 Exemptions\n\n(a) paragraphs 138.085 (1) (c) and (d);\n\n(b) regulation 138.110;\n\n(c) regulation 138.115;\n\n(d) regulation 138.140;\n\n(e) regulation 138.145;\n\n(f) paragraph 138.155 (1) (e), but only to the extent that it applies to the safety manager.\n\n","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Conditions of the exemptions — safety","content":"17 Conditions of the exemptions — safety\n\n(1) It is a condition of the exemptions in section 16 that the relevant operator must not commence a relevant aerial work operation of a kind that the operator was not authorised to conduct immediately before 2 December 2021 until the relevant operator has complied with the directions in section 18.\n\n(2) It is a condition of the exemptions in section 16 that the relevant operator must ensure that:\n\n(a) operational safety-critical personnel (the personnel) actively seek to identify safety risks arising from the operator’s operations; and\n\n(b) the personnel bring identified safety risks to the attention of the operator’s key personnel as soon as practicable; and\n\n(c) the operator’s key personnel:\n\n(i) review the identified safety risks; and\n\n(ii) if ongoing aviation safety requires the risks to be addressed — implement corrective safety controls as soon as practicable through changes to the operator’s operations manual; and\n\n(d) the operator’s key personnel oversee the recording, and retention for the relevant period identified in the operator’s operations manual, of:\n\n(i) the identified safety risks; and\n\n(ii) the corrective safety controls implemented to address those risks; and\n\n(e) procedures are set out in the operations manual designed to achieve the outcomes mentioned in paragraphs (a) to (d).\n\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Directions to take preparatory steps","content":"18 Directions to take preparatory steps\n\n(1) A relevant operator who has taken the benefit of any exemption under section 16 must:\n\n(a) not later than the end of 3 April 2023 — give CASA an SMS implementation plan; and\n\n(b) not later than the end of a date specified in writing by CASA — give CASA the proposed SMS manual content, along with any supporting documents that are specified in writing by CASA; and\n\n> Note Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed SMS manual content.\n\n(c) subject to subsection (3), not commence using its proposed SMS manual content until the day it receives CASA’s written advice that it may do so.\n\n> Note Receiving the written advice would permit a relevant operator to use the proposed SMS manual content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 19.\n\n(3) Paragraph (1) (c) does not apply to an operator’s use of its proposed SMS manual content for purposes other than compliance with civil aviation legislation.\n\n> Note For example, paragraph (1) (c) does not prevent an operator using its proposed SMS manual content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an SMS.\n\n","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Expiry of the exemptions","content":"19 Expiry of the exemptions\n\nThe exemptions under section 16 expire for a relevant operator at the end of a date specified in writing by CASA.\n\n> Note Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of the specified date.\n\n","sortOrder":18},{"sectionNumber":"Part 6","sectionType":"part","heading":"Human factors principles and non-technical skills – Australian air transport operators – exemptions","content":"Part 6 Human factors principles and non-technical skills – Australian air transport operators – exemptions\n\n","sortOrder":19},{"sectionNumber":"25","sectionType":"section","heading":"Application of Part 6","content":"25 Application of Part 6\n\nThis Part applies to an Australian air transport operator (the relevant operator) who, immediately before 2 December 2021:\n\n(a) held an AOC, or was an early applicant for an AOC or an AOC variation, that:\n\n(i) authorised charter operations, or aerial work (air ambulance) operations; and\n\n(b) was not the subject of a direction under regulation 11.245 to have an HFP&NTS program for the operator’s charter operations or aerial work (air ambulance) operations.\n\n","sortOrder":20},{"sectionNumber":"26","sectionType":"section","heading":"Exemptions","content":"26 Exemptions\n\n(a) paragraph 119.130 (1) (e), but only to the extent that it applies to training and checking of operational safety-critical personnel (other than flight crew) in an HFP&NTS program;\n\n(b) regulation 119.175;\n\n(c) regulation 119.180;\n\n(d) regulation 119.185.\n\n","sortOrder":21},{"sectionNumber":"27","sectionType":"section","heading":"Conditions of the exemptions — safety","content":"27 Conditions of the exemptions — safety\n\nIt is a condition of the exemptions in section 26 that the relevant operator must not commence scheduled air transport operations until the relevant operator has complied with the directions in section 28.\n\n","sortOrder":22},{"sectionNumber":"28","sectionType":"section","heading":"Directions to take preparatory steps","content":"28 Directions to take preparatory steps\n\n(1) A relevant operator who has taken the benefit of any exemption under section 26 must:\n\n(a) not later than the end of a date specified in writing by CASA — give CASA the proposed HFP&NTS program exposition content, along with any supporting documents that are specified in writing by CASA; and\n\n> Note Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed HFP&NTS program exposition content.\n\n(b) subject to subsection (3), not commence using its proposed HFP&NTS program exposition content until the day it receives CASA’s written advice that it may do so.\n\n> Note Receiving the written advice would permit a relevant operator to use the proposed HFP&NTS program exposition content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 29.\n\n(3) Paragraph (1) (b) does not apply to an operator’s use of its proposed HFP&NTS program exposition content for purposes other than compliance with civil aviation legislation.\n\n> Note For example, paragraph (1) (b) does not prevent an operator using its proposed HFP&NTS program exposition content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an HFP&NTS program.\n\n","sortOrder":23},{"sectionNumber":"29","sectionType":"section","heading":"Expiry of the exemptions","content":"29 Expiry of the exemptions\n\nThe exemptions under section 26 expire for a relevant operator at the end of a date specified in writing by CASA.\n\n> Note Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of the specified date.\n\n","sortOrder":24},{"sectionNumber":"Part 7","sectionType":"part","heading":"Training and checking systems – Australian air transport operators – Part 121 operators – aeroplanes – exemptions","content":"Part 7 Training and checking systems – Australian air transport operators – Part 121 operators – aeroplanes – exemptions\n\n","sortOrder":25},{"sectionNumber":"30","sectionType":"section","heading":"Application of Part 7","content":"30 Application of Part 7\n\nThis Part applies to an Australian air transport operator for a Part 121 operation (the relevant operator) who, immediately before 2 December 2021:\n\n(a) held an AOC, or was an early applicant for an AOC or an AOC variation, that authorised charter operations, or aerial work (air ambulance) operations; and\n\n(b) was not subject to a requirement under subregulation 217 (1) of CAR, as in force immediately before 2 December 2021, to provide a training and checking organisation for the operations or for an aeroplane used in the operations.\n\n","sortOrder":26},{"sectionNumber":"31","sectionType":"section","heading":"Exemptions","content":"31 Exemptions\n\n(f) paragraphs 121.475 (2) (c), (i), (j), (k), (l) and (m);\n\n(g) regulation 121.485;\n\n(h) paragraph 121.495 (1) (b);\n\n(i) regulation 121.565.\n\n> Note Paragraph (c) has the following implied consequential effects:\n\n1. exemption from paragraph 121.475 (2) (c) has the implied consequential effect of exempting from regulation 121.480;\n\n2. exemption from paragraph 121.475 (2) (i) has the implied consequential effect of exempting from regulation 121.555;\n\n3. exemption from paragraph 121.475 (2) (j) has the implied consequential effect of exempting from subregulation 121.560 (1);\n\n4. exemption from paragraph 121.475 (2) (k) has the implied consequential effect of exempting from subregulations 121.560 (2) and (3);\n\n5. exemption from paragraph 121.475 (2) (l) has the implied consequential effect of exempting from regulations 121.575, 121.580, 121.595, 121.600, 121.605, 121.610, 121.615 and 121.620;\n\n6. exemption from paragraph 121.475 (2) (m) has the implied consequential effect of exempting from regulations 121.585 and 121.590.\n\n","sortOrder":27},{"sectionNumber":"32","sectionType":"section","heading":"Conditions of the exemptions — safety","content":"32 Conditions of the exemptions — safety\n\n(1) It is a condition of the exemptions in section 31 that the relevant operator must not commence the following:\n\n(b) use of an aeroplane for any air transport operation (the relevant aeroplane);\n\nif:\n\n(c) such commencement would have required a training and checking organisation under subregulation 217 (1) of CAR, as in force immediately before 2 December 2021; and\n\n(d) the relevant operator has not complied with the directions in section 33 for the relevant operations or the relevant aeroplane.\n\n(2) It is a condition of the exemptions in section 31 that the relevant operator must ensure that:\n\n(a) the operator’s head of flying operations takes responsibility for the matters mentioned in regulations 119.140 and 119.150; and\n\n(b) each crew member of an aeroplane for a flight that is a Part 121 operation:\n\n(i) meets the requirements (as applicable) of paragraph 4.1 of CAO 82.1, as in force immediately before 2 December 2021; and\n\n(ii) has met the requirements of section 12 and Appendix IV of CAO 20.11, as in force immediately before 2 December 2021; and\n\n(iii) has been assessed as competent, in accordance with the operator’s exposition, to perform the duties assigned to the person for the flight; and\n\n(c) for a flight that is a Part 121 operation for an operator who did not conduct multi-crew operations before 2 December 2021, prior training for the pilot in command of the aeroplane must include the following:\n\n(i) each ground training course completed or attempted, including the results for each phase or subject, and the final assessment of the standard achieved;\n\n(ii) each flying training course completed or attempted, including the results of each phase of training, the number of times each exercise was undertaken and the results of each test or check;\n\n(iii) each flight or simulator proficiency check completed or attempted, including the results of each phase of training, the number of times each exercise was undertaken and the results of each check;\n\n(iv) each period of training, other than training referred to in subparagraph (i), (ii) or (iii), undertaken in an aircraft or simulator, including the exercises completed or attempted, and an assessment of the standard achieved; and\n\n(f) procedures are set out in the operator’s exposition designed to achieve the outcomes mentioned in paragraphs (a) to (e).\n\n(3) For paragraph (2) (b), for a provision of a CAO mentioned in subparagraph (2) (b) (i) or (2) (b) (ii), any reference to:\n\n(a) a charter operation — must be taken to be a mention of the relevant operator’s Part 121 operation to which this Part applies; and\n\n","sortOrder":28},{"sectionNumber":"33","sectionType":"section","heading":"Directions to take preparatory steps","content":"33 Directions to take preparatory steps\n\n(1) A relevant operator who has taken the benefit of any exemption under section 31 must:\n\n(a) not later than the end of a date specified in writing by CASA — give CASA the proposed T&C exposition content, along with any supporting documents that are specified in writing by CASA; and\n\n(b) subject to subsection (3), not commence using its proposed T&C exposition content until the day it receives CASA’s written advice that it may do so.\n\n> Note Receiving the written advice would permit a relevant operator to use the proposed T&C exposition content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 34.\n\n(3) Paragraph (1) (b) does not apply to an operator’s use of its proposed T&C exposition content for purposes other than compliance with civil aviation legislation.\n\n> Note For example, paragraph (1) (b) does not prevent an operator using its proposed T&C exposition content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an enhanced system of conducting training and checking activities (as compared to section 32 safety conditions).\n\n","sortOrder":29},{"sectionNumber":"34","sectionType":"section","heading":"Expiry of the exemptions","content":"34 Expiry of the exemptions\n\nThe exemptions under section 31 expire for a relevant operator at the end of a date specified in writing by CASA.\n\n","sortOrder":30},{"sectionNumber":"Part 7A","sectionType":"part","heading":"Former RPT, charter and aerial work (air ambulance) operators under a CAR 217 training and checking organisation – exemptions as Australian air transport operators","content":"Part 7A Former RPT, charter and aerial work (air ambulance) operators under a CAR 217 training and checking organisation – exemptions as Australian air transport operators\n\n","sortOrder":31},{"sectionNumber":"34A","sectionType":"section","heading":"Application of Part 7A","content":"34A Application of Part 7A\n\nThis Part applies to an Australian air transport operator for a Part 121 operation (the relevant operator) who, immediately before 2 December 2021:\n\n(a) held an AOC, or was an early applicant for an AOC or an AOC variation, that authorised regular public transport operations, charter operations, or aerial work (air ambulance) operations; and\n\n(b) was subject to a requirement under subregulation 217 (1) of CAR, as in force immediately before 2 December 2021, to provide a training and checking organisation for the operations or for an aeroplane used in the operations.\n\n","sortOrder":32},{"sectionNumber":"34B","sectionType":"section","heading":"Exemptions — scope and related conditions","content":"34B Exemptions — scope and related conditions\n\n(1) A relevant operator is exempted from compliance with the following provisions of CASR:\n\n(a) paragraph 121.475 (2) (f) — but only to the extent of the requirements of paragraph 121.495 (1) (b) for a pilot in command, and only if:\n\n(i) the operator’s training and checking manual includes command training requirements (however described); and\n\n(ii) the pilot in command complies with those requirements;\n\n(b) paragraph 121.475 (2) (h) — but only to the extent of the requirements of subregulation 121.540 (3), and only if:\n\n(i) the operator’s training and checking manual includes requirements relating to the recent experience requirements (however described) for a pilot in command and a co-pilot (other than a cruise relief co-pilot); and\n\n(ii) the pilot in command and the co-pilot comply with those requirements;\n\n(c) paragraph 121.475 (2) (h) — but only to the extent of the requirements of subregulation 121.540 (3), and only if:\n\n(i) the operator’s training and checking manual includes requirements relating to the recent experience requirements (however described) for a cruise relief co-pilot; and\n\n(ii) the cruise relief co-pilot complies with those requirements;\n\n(d) paragraph 121.475 (2) (i) — but only to the extent of the requirements of paragraph 121.555 (1) (b), and only if:\n\n(i) the operator’s training and checking manual includes initial training requirements (however described); and\n\n(ii) each flight crew member complies with those requirements;\n\n(e) paragraph 121.475 (2) (j) — but only to the extent of the requirements of paragraph 121.560 (1) (a), and only if:\n\n(i) the operator’s training and checking manual (the manual) includes conversion training requirements (however described); and\n\n(ii) on and after 31 March 2022, the manual includes training that meets the requirements of subsection 12.15 (6) of the Part 121 MOS; and\n\n(iii) the relevant operator ensures that:\n\n(A) each of the foregoing requirements is complied with; and\n\n(B) each flight crew member complies with the requirements of the manual as in force for the member;\n\n(f) paragraph 121.475 (2) (k) — but only to the extent of the requirements of subregulations 121.560 (2) and (3), and only if:\n\n(i) the operator’s training and checking manual includes a requirement that, before conducting supervised line flying, a pilot must be determined as competent in conducting at least normal, abnormal and emergency procedures (though not necessarily competent in conducting line operations procedures); and\n\n(ii) the relevant operator ensures that:\n\n(A) the foregoing requirement is complied with; and\n\n(B) each flight crew member is determined as competent in accordance with subparagraph (i);\n\n(g) paragraph 121.475 (2) (l) — but only:\n\n(i) to the extent of the requirements of subparagraph 121.570 (1) (a) (i), and provided that:\n\n(A) the operator continues to comply with the requirements of subregulation 217 (2) of CAR, as in force immediately before 2 December 2021; and\n\n(B) on and after 31 March 2022, the requirements of subsection 12.15 (6) of the Part 121 MOS are met; and\n\n(C) each flight crew member complies with the applicable requirements mentioned in sub-subparagraphs (B) and (C); and\n\n(D) the person conducting the checks of competency that are similar to a Part 121 proficiency check meets the requirements of:\n\n (I) subregulations 121.580 (2) and (5); or\n (II) if a foreign checker is proposed to be used — the following sub‑sub‑sub-subparagraph:\n\n1. the foreign checker must be employed by a training provider authorised by the national aviation authority (NAA) of a recognised foreign State (within the meaning of regulation 61.010) (recognised foreign State) to conduct a check equivalent to the Part 121 proficiency check (an equivalent check);\n\n2. the foreign checker must be authorised by the NAA of the recognised foreign State to conduct the equivalent check; and\n\n(ii) to the extent of the requirements of subparagraph 121.570 (1) (a) (ii), and provided that:\n\n(A) the operator’s training and checking manual includes requirements related to refresher training and checking (however described); and\n\n(B) each flight crew member complies with those requirements; and\n\n(iii) to the extent of the requirements of subparagraphs 121.570 (1) (a) (iii) and (iv), and provided that:\n\n(A) the operator’s training and checking manual includes requirements related to annual emergency and safety equipment training (however described); and\n\n(B) each flight crew member complies with those requirements; and\n\n(C) the persons conducting the checks of competency for annual emergency and safety equipment training meet the requirements of subregulation 121.475 (4) as if that subregulation applied to the checks of competency; and\n\n(iv) to the extent of the requirements of paragraph 121.570 (1) (b), and provided that:\n\n(A) the operator’s training and checking manual includes requirements related to recurrent flight training (however described); and\n\n(B) on and after 31 March 2022, the requirements of subsection 12.20 (4) of the Part 121 MOS are met; and\n\n(C) each flight crew member complies with the applicable requirements mentioned in sub-subparagraphs (B) and (C);\n\n(h) paragraph 121.475 (2) (m) — but only to the extent of the requirements of subregulation 121.570 (2) provided that:\n\n(i) the operator continues to comply with the requirements of subregulation 217 (2) of CAR, as in force immediately before 2 December 2021; and\n\n(ii) the requirements of the operator’s training and checking manual are complied with;\n\n(i) paragraph 121.640 (2) (a) — but only to the extent of the requirements of regulation 121.705, and only if:\n\n(i) the operator’s training and checking manual includes requirements relating to the recent experience requirements (however described) for a cabin crew member; and\n\n(j) paragraph 121.640 (2) (b) — but only to the extent of the requirements of paragraph 121.710 (b), and only if:\n\n(i) the operator’s training and checking manual includes initial training requirements (however described); and\n\n(k) paragraph 121.640 (2) (c) — but only to the extent of the requirements of paragraph 121.715 (1) (b), and only if:\n\n(i) the operator’s training and checking manual includes conversion training requirements (however described) that must be completed before conducting supervised line flying; and\n\n(l) paragraph 121.640 (2) (d) — but only to the extent of the requirements of paragraph 121.715 (3) (b), and subregulation 121.715 (4), and only if:\n\n(i) the operator’s training and checking manual includes a requirement that a cabin crew member be determined as competent in conducting normal, abnormal and emergency procedures prior to conducting unsupervised line flying; and\n\n(m) paragraphs 121.640 (2) (f), (g) and (h) — but only to the extent of the requirements of regulations 121.725, 121.730 and 121.735, and only if:\n\n(i) the operator’s training and checking manual includes requirements related to the annual training and checking (however described) of a cabin crew member; and\n\n(ii) each cabin crew member complies with those requirements; and\n\n(iii) the persons conducting the checks of competency for annual training and checking meet the requirements of subregulation 121.640 (3) as if that subregulation applied to the check;\n\n(n) regulation 121.750 — but only if a person, assigned by the operator to a duty as a cabin crew member for a flight was not required for the flight by regulation 121.630, and:\n\n(i) the operator’s training and checking manual includes requirements related to the annual training and checking (however described) of such a cabin crew member; and\n\n(ii) the cabin crew member complies with those requirements.\n\n(2) A pilot of an aeroplane for a flight that is conducting a Part 121 operation for a relevant operator is exempted from compliance with subregulation 121.540 (2), but only if:\n\n(a) the operator’s training and checking manual includes requirements relating to the recent experience requirements (however described) for a pilot in command, a co-pilot and a cruise relief co-pilot; and\n\n(b) the pilot complies with the requirements relevant to their assigned duty for the flight, whether pilot in command, co-pilot or cruise relief co-pilot, as the case may be.\n\n","sortOrder":33},{"sectionNumber":"34C","sectionType":"section","heading":"Condition — no change to training and checking manual unless approved","content":"34C Condition — no change to training and checking manual unless approved\n\nEach exemption in this Part is subject to the condition that, unless approved in writing by CASA, the relevant operator must not amend or change its approved training and checking organisation’s training and checking manual as in force immediately before 2 December 2021.\n\n","sortOrder":34},{"sectionNumber":"34D","sectionType":"section","heading":"Directions to take preparatory steps","content":"34D Directions to take preparatory steps\n\n(1) A relevant operator who has taken the benefit of any exemption under section 34B must:\n\n(a) not later than the end of a date specified in writing by CASA — give CASA the proposed T&C exposition content, along with any supporting documents that are specified in writing by CASA; and\n\n(b) subject to subsection (3), not commence using its proposed T&C exposition content until the day it receives CASA’s written advice that it may do so.\n\n> Note Receiving the written advice would permit a relevant operator to use the proposed T&C exposition content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 34E.\n\n(3) Paragraph (1) (b) does not apply to an operator’s use of its proposed T&C exposition content for purposes other than compliance with civil aviation legislation.\n\n> Note For example, paragraph (1) (b) does not prevent an operator using its proposed T&C exposition content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an enhanced system of conducting training and checking activities (as compared to section 34B safety conditions).\n\n","sortOrder":35},{"sectionNumber":"34E","sectionType":"section","heading":"Expiry of the exemptions","content":"34E Expiry of the exemptions\n\nThe exemptions under section 34B expire for a relevant operator at the end of a date specified in writing by CASA.\n\n","sortOrder":36},{"sectionNumber":"Part 8","sectionType":"part","heading":"Training and checking systems – Australian air transport operators – Part 133 operations – rotorcraft – exemptions","content":"Part 8 Training and checking systems – Australian air transport operators – Part 133 operations – rotorcraft – exemptions\n\n","sortOrder":37},{"sectionNumber":"35","sectionType":"section","heading":"Application of Part 8","content":"35 Application of Part 8\n\nThis Part applies to an Australian air transport operator for the conduct of a Part 133 operation (the relevant operator) who, immediately before 2 December 2021:\n\n(a) held an AOC, or was an early applicant for an AOC or an AOC variation, that authorised charter operations, or aerial work (air ambulance) operations; and\n\n(b) was not subject to a requirement under subregulation 217 (1) of CAR, as in force immediately before 2 December 2021, to provide a training and checking organisation for the operations or for rotorcraft used in the operations.\n\n","sortOrder":38},{"sectionNumber":"36","sectionType":"section","heading":"Exemptions","content":"36 Exemptions\n\n(f) paragraph 133.370 (2) (g);\n\n(g) regulation 133.375;\n\n(h) paragraph 133.385 (1) (c);\n\n(i) regulation 133.395;\n\n(j) paragraph 133.425 (3) (b);\n\n(k) regulation 133.455;\n\n(l) regulation 133.465;\n\n(m) regulation 133.470.\n\n> Note 1 For paragraph (f), exemption from paragraph 133.370 (2) (g) has the implied consequential effect of exempting from subregulation 133.370 (4) and Chapter 12 of the Part 133 MOS.\n\n> Note 2 For paragraph (j), exemption from paragraph 133.425 (3) (b) has the implied consequential effect of exempting from subregulation 133.425 (4) and section 13.02 of the Part 133 MOS.\n\n","sortOrder":39},{"sectionNumber":"37","sectionType":"section","heading":"Conditions of the exemptions — safety","content":"37 Conditions of the exemptions — safety\n\n(1) It is a condition of the exemptions in section 36 that the relevant operator must not commence the following:\n\n(b) use of a rotorcraft for any air transport operation (the relevant rotorcraft);\n\nif:\n\n(c) such commencement would have required a training and checking organisation under subregulation 217 (1) of CAR, as in force immediately before 2 December 2021; and\n\n(d) the relevant operator has not complied with the directions in section 38 for the relevant operations or the relevant rotorcraft.\n\n(2) It is a condition of the exemptions in section 36 that the relevant operator must ensure that:\n\n(a) the operator’s head of flying operations takes responsibility for the matters mentioned in regulations 119.140 and 119.150; and\n\n(b) each crew member of a rotorcraft for a flight that is a Part 133 operation:\n\n(i) has met the requirements of section 12 and Appendix IV of CAO 20.11, as in force immediately before 2 December 2021; and\n\n(ii) has been assessed as competent, in accordance with the operator’s exposition, to perform the duties assigned to the person for the flight; and\n\n(c) for a flight that is a Part 133 operation for an operator who did not conduct multi-crew operations before 2 December 2021, prior training for the pilot in command of the rotorcraft must include the following:\n\n(i) each ground training course completed or attempted, including the results for each phase or subject, and the final assessment of the standard achieved;\n\n(ii) each flying training course completed or attempted, including the results of each phase of training, the number of times each exercise was undertaken and the results of each test or check;\n\n(iii) each flight or simulator proficiency check completed or attempted, including the results of each phase of training, the number of times each exercise was undertaken and the results of each check;\n\n(iv) each period of training, other than training referred to in subparagraph (i), (ii) or (iii), undertaken in an aircraft or simulator, including the exercises completed or attempted, and an assessment of the standard achieved; and\n\n(f) procedures are set out in the operator’s exposition designed to achieve the outcomes mentioned in paragraphs (a) to (e).\n\n(3) For paragraph (2) (b), for a provision of a CAO mentioned in subparagraph (2) (b) (i), any reference to:\n\n(a) a charter operation — must be taken to be a mention of the relevant operator’s Part 133 operations to which this Part applies; and\n\n","sortOrder":40},{"sectionNumber":"38","sectionType":"section","heading":"Directions to take preparatory steps","content":"38 Directions to take preparatory steps\n\n(1) A relevant operator who has taken the benefit of any exemption under section 36 must:\n\n(a) not later than the end of a date specified in writing by CASA — give CASA the proposed T&C exposition content, along with any supporting documents that are specified in writing by CASA; and\n\n> Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed T&C exposition content.\n\n> Note 2 If the proposed T&C exposition content includes the use of an individual to conduct a specified training or check mentioned in section 20B of CASA EX84/21, their supporting documents may need to include their application for the approval mentioned in that section.\n\n(b) subject to subsection (3), not commence using its proposed T&C exposition content until the day it receives CASA’s written advice that it may do so.\n\n> Note 1 Receiving the written advice would permit a relevant operator to use the proposed T&C exposition content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 39.\n\n> Note 2 If the proposed T&C exposition content includes the use of an individual to conduct a specified training or check mentioned in section 20B of CASA EX84/21, the receipt of advice from CASA under paragraph (b) is not the approval mentioned in section 20B of CASA EX84/21.\n\n(3) Paragraph (1) (b) does not apply to an operator’s use of its proposed T&C exposition content for purposes other than compliance with civil aviation legislation.\n\n> Note For example, paragraph (1) (b) does not prevent an operator using its proposed T&C exposition content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an enhanced system of conducting training and checking activities (as compared to section 37 safety conditions).\n\n","sortOrder":41},{"sectionNumber":"39","sectionType":"section","heading":"Expiry of the exemptions","content":"39 Expiry of the exemptions\n\nThe exemptions under section 36 expire for a relevant operator at the end of a date specified in writing by CASA.\n\n> Note Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of the specified date.\n\n","sortOrder":42},{"sectionNumber":"Part 9","sectionType":"part","heading":"Training and checking systems – Australian air transport operators – Part 135 operations and Subpart 121.Z operations – aeroplanes – exemptions","content":"Part 9 Training and checking systems – Australian air transport operators – Part 135 operations and Subpart 121.Z operations – aeroplanes – exemptions\n\n","sortOrder":43},{"sectionNumber":"40","sectionType":"section","heading":"Application of Part 9","content":"40 Application of Part 9\n\nThis Part applies to an Australian air transport operator for the conduct of a Part 135 operation or a Subpart 121.Z operation (the relevant operator) who, immediately before 2 December 2021:\n\n(a) held an AOC, or was an early applicant for an AOC or an AOC variation, that authorised charter operations, or aerial work (air ambulance) operations; and\n\n(b) was not subject to a requirement under subregulation 217 (1) of CAR, as in force immediately before 2 December 2021, to provide a training and checking organisation for the operations or for an aeroplane used in the operations.\n\n","sortOrder":44},{"sectionNumber":"41","sectionType":"section","heading":"Exemptions","content":"41 Exemptions\n\n(f) paragraph 135.380 (2) (f);\n\n(g) regulation 135.385;\n\n(h) paragraph 135.395 (1) (c);\n\n(i) regulation 135.405;\n\n(j) regulation 135.430;\n\n(k) regulation 135.445;\n\n(l) regulation 135.455;\n\n(m) regulation 135.460.\n\n> Note For paragraph (f), exemption from paragraph 135.380 (2) (f) has the implied consequential effect of exempting from subregulation 135.380 (4) and Chapter 12 of the Part 135 MOS.\n\n","sortOrder":45},{"sectionNumber":"42","sectionType":"section","heading":"Conditions of the exemptions — safety","content":"42 Conditions of the exemptions — safety\n\n(1) It is a condition of the exemptions in section 41 that the relevant operator must not commence the following:\n\n(b) use of an aeroplane for any air transport operation (the relevant aeroplane);\n\nif:\n\n(c) such commencement would have required a training and checking organisation under subregulation 217 (1) of CAR, as in force immediately before 2 December 2021; and\n\n(d) the relevant operator has not complied with the directions in section 43 for the relevant operations or the relevant aircraft.\n\n(2) It is a condition of the exemptions in section 41 that the relevant operator must ensure that:\n\n(a) the operator’s head of flying operations takes responsibility for the matters mentioned in regulations 119.140 and 119.150; and\n\n(b) each crew member of an aeroplane for a flight that is a Part 135 operation or a Subpart 121.Z operation (as applicable):\n\n(i) has met the requirements of section 12 and Appendix IV of CAO 20.11, as in force immediately before 2 December 2021; and\n\n(ii) has been assessed as competent, in accordance with the operator’s exposition, to perform the duties assigned to the person for the flight; and\n\n(c) for a flight that is a Part 135 operation or a Subpart 121.Z operation (as applicable) for an operator who did not conduct multi-crew operations before 2 December 2021, prior training for the pilot in command of the aeroplane must include the following:\n\n(i) each ground training course completed or attempted, including the results for each phase or subject, and the final assessment of the standard achieved;\n\n(ii) each flying training course completed or attempted, including the results of each phase of training, the number of times each exercise was undertaken and the results of each test or check;\n\n(iii) each flight or simulator proficiency check completed or attempted, including the results of each phase of training, the number of times each exercise was undertaken and the results of each check;\n\n(iv) each period of training, other than training referred to in subparagraph (i), (ii) or (iii), undertaken in an aircraft or simulator, including the exercises completed or attempted, and an assessment of the standard achieved; and\n\n(f) procedures are set out in the exposition designed to achieve the outcomes mentioned in paragraphs (a) to (e).\n\n(3) For paragraph (2) (b), for a provision of a CAO mentioned in subparagraph (2) (b) (i), any reference to:\n\n(a) a charter operation — must be taken to be a mention of the relevant operator’s Part 135 operations or Subpart 121.Z operations (as applicable) to which this Part applies; and\n\n","sortOrder":46},{"sectionNumber":"43","sectionType":"section","heading":"Directions to take preparatory steps","content":"43 Directions to take preparatory steps\n\n(1) A relevant operator who has taken the benefit of any exemption under section 41 must:\n\n(a) not later than the end of a date specified in writing by CASA — give CASA the proposed T&C exposition content, along with any supporting documents that are specified in writing by CASA; and\n\n> Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed T&C exposition content.\n\n> Note 2 If the proposed T&C exposition content includes the use of an individual to conduct a specified training or check mentioned in section 20A of CASA EX85/21, their supporting documents may need to include their application for the approval mentioned in that section.\n\n(b) subject to subsection (3), not commence using its proposed T&C exposition content until the day it receives CASA’s written advice that it may do so.\n\n> Note 1 Receiving the written advice would permit a relevant operator to use the proposed T&C exposition manual content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 44.\n\n> Note 2 If the proposed T&C exposition content includes the use of an individual to conduct a specified training or check mentioned in section 20A of CASA EX85/21, the receipt of advice from CASA under paragraph (b) is not the approval mentioned in section 20A of CASA EX85/21.\n\n(3) Paragraph (1) (b) does not apply to an operator’s use of its proposed T&C exposition content for purposes other than compliance with civil aviation legislation.\n\n> Note For example, paragraph (1) (b) does not prevent an operator using its proposed T&C exposition content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an enhanced system of conducting training and checking activities (as compared to section 42 safety conditions).\n\n","sortOrder":47},{"sectionNumber":"44","sectionType":"section","heading":"Expiry of the exemptions","content":"44 Expiry of the exemptions\n\nThe exemptions under section 41 expire for a relevant operator at the end of a date specified in writing by CASA.\n\n> Note Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of the specified date.\n\n","sortOrder":48},{"sectionNumber":"Part 10","sectionType":"part","heading":"Training and checking systems – aerial work operators – exemptions","content":"Part 10 Training and checking systems – aerial work operators – exemptions\n\n","sortOrder":49},{"sectionNumber":"45","sectionType":"section","heading":"Definition and application of Part 10","content":"45 Definition and application of Part 10\n\n(1) In this Part:\n\n> relevant aerial work operation means an aerial work operation by an aerial work operator, that:\n\n(a) is required to have a training and checking system under subregulation 138.125 (1); and\n\n(b) is not relieved of that requirement by subregulation 138.125 (2).\n\n(2) This Part applies to an aerial work operator (the relevant operator) in a relevant aerial work operation who, immediately before 2 December 2021:\n\n(a) held an AOC, or was an early applicant for an AOC or an AOC variation, that authorised aerial work operations (other than aerial work (air ambulance) operations); and\n\n(b) was not subject to a requirement under subregulation 217 (1) of CAR, as in force immediately before 2 December 2021, to provide a training and checking organisation for the operations or for an aircraft used in the operations.\n\n","sortOrder":50},{"sectionNumber":"46","sectionType":"section","heading":"Exemptions","content":"46 Exemptions\n\n(1) A relevant operator is exempted from compliance with the following provisions:\n\n(a) regulation 138.100;\n\n(b) regulation 138.105;\n\n(c) regulation 138.125;\n\n(d) regulation 138.130;\n\n(e) subject to subsection (2), paragraph 138.475 (2) (f),\n\n(f) subject to subsection (2), paragraph 138.540 (2) (b).\n\n> Note 1 For paragraph (e), exemption from paragraph 138.475 (2) (f) has the implied consequential effect of exempting from subregulation 138.475 (3) and Division 1 of Chapter 23 of the Part 138 MOS.\n\n> Note 2 For paragraph (f), exemption from paragraph 138.540 (2) (b) has the implied consequential effect of exempting from subregulation 138.540 (3) and section 24.02 of the Part 138 MOS.\n\n(2) The exemptions under paragraphs (1) (e) and (f) do not extend to exempt from compliance with paragraph 23.03 (2) (e) of the Part 138 MOS (the MOS).\n\nDirection\n\n(3) A relevant operator must ensure that any training required under paragraph 23.03 (2) (e) of the MOS is conducted as if section 23.10 of the MOS applied to the operator for the training.\n\n","sortOrder":51},{"sectionNumber":"47","sectionType":"section","heading":"Conditions of the exemptions — safety","content":"47 Conditions of the exemptions — safety\n\n(1) It is a condition of the exemptions in section 46 that the relevant operator must not do any of the following:\n\n(a) commence relevant aerial work operations of a kind that the operator was not authorised to conduct immediately before 2 December 2021;\n\n(b) commence relevant aerial work operations, or the use of an aircraft for the relevant aerial work operations (relevant aircraft), that would have required a training and checking organisation under subregulation 217 (1) of CAR, as in force immediately before 2 December 2021;\n\nuntil the relevant operator has complied with the directions in section 48.\n\n> Note See also section 8 of CASA EX86/21 – Part 138 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021. This contains additional exemptions to the effect that the operator’s training and checking manual content need only relate to a particular aircraft or a particular operation and not operations or aircraft more generally.\n\n(2) It is a condition of the exemptions in section 46 that the relevant operator must ensure that:\n\n(a) the operator’s head of operations ensures that training and checking of the operator’s operational safety critical personnel, conducted by or for the operator, is conducted in accordance with the operator’s operations manual; and\n\n(b) the requirements under subsection 6 of CAO 82.1, as in force immediately before 2 December 2021, are complied with, including as if a reference to the chief pilot were a reference to the operator’s head of operations; and\n\n(c) a training record is maintained for each crew member that records at least the following:\n\n(i) each ground training course completed or attempted, including the results for each phase or subject, and the final assessment of the standard achieved;\n\n(ii) each flying training course completed or attempted, including the results of each phase of training, the number of times each exercise was undertaken and the results of each test or check;\n\n(iii) each flight or simulator proficiency check completed or attempted, including the results of each phase of training, the number of times each exercise was undertaken and the results of each check;\n\n(iv) each period of training, other than training referred to in subparagraph (i), (ii) or (iii), undertaken in an aircraft or simulator, including the exercises completed or attempted, and an assessment of the standard achieved; and\n\n(d) the training record is retained for the relevant period identified in the operator’s operations manual; and\n\n(e) procedures are set out in the operations manual designed to achieve the outcomes mentioned in paragraphs (a) to (d).\n\n(3) For paragraph (2) (b), in a provision of subsection 6 of CAO 82.1, any reference to a chief pilot must be taken to be a mention of the relevant operator’s head of operations.\n\n","sortOrder":52},{"sectionNumber":"48","sectionType":"section","heading":"Directions to take preparatory steps","content":"48 Directions to take preparatory steps\n\n(1) A relevant operator who has taken the benefit of any exemption under section 46 must:\n\n(a) not later than the end of a date specified in writing by CASA — give CASA the proposed T&C manual content, along with any supporting documents that are specified in writing by CASA; and\n\n> Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed T&C manual content.\n\n> Note 2 If the proposed T&C manual content includes the use of an individual to conduct a specified training or check mentioned in section 17 of CASA EX86/21, the supporting documents may need to include their application for the approval mentioned in that section.\n\n(b) subject to subsection (3), not commence using its proposed T&C manual content until the day it receives CASA’s written advice that it may do so.\n\n> Note 1 Receiving the written advice would permit a relevant operator to use the proposed T&C manual content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 49.\n\n> Note 2 If the proposed T&C manual content includes the use of an individual to conduct a specified training or check mentioned in section 17 of CASA EX86/21, the receipt of advice from CASA under paragraph (b) is not the approval mentioned in section 17 of CASA EX86/21.\n\n(3) Paragraph (1) (b) does not apply to an operator’s use of its proposed T&C manual content for purposes other than compliance with civil aviation legislation.\n\n> Note For example, paragraph (1) (b) does not prevent an operator using its proposed T&C manual content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an enhanced system of conducting training and checking activities (as compared to section 47 safety conditions).\n\n","sortOrder":53},{"sectionNumber":"49","sectionType":"section","heading":"Expiry of the exemptions","content":"49 Expiry of the exemptions\n\nThe exemptions under section 46 expire for a relevant operator at the end of a date specified in writing by CASA.\n\n> Note Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of the specified date.\n\n","sortOrder":54},{"sectionNumber":"Part 11","sectionType":"part","heading":"Flight data analysis programs – Australian air transport operators – exemption","content":"Part 11 Flight data analysis programs – Australian air transport operators – exemption\n\n","sortOrder":55},{"sectionNumber":"50","sectionType":"section","heading":"Application of Part 11","content":"50 Application of Part 11\n\nThis Part applies to an Australian air transport operator (the relevant operator) who, immediately before 2 December 2021:\n\n(a) held an AOC, or was an early applicant for an AOC or an AOC variation that authorised regular public transport operations, charter operations, or aerial work (air ambulance) operations; and\n\n(b) was not subject to a requirement under subsection 2A of CAO 82.3, or subsection 2A of CAO 82.5, as in force at that time, to have an FDAP for operation of an aircraft in the operations; and\n\n(c) was not the subject of a direction under regulation 11.245 to have an FDAP for operation of an aircraft in the operations.\n\n","sortOrder":56},{"sectionNumber":"51","sectionType":"section","heading":"Exemption","content":"51 Exemption\n\nA relevant operator is exempted from compliance with regulation 119.195.\n\n> Note See also sections 18 and 19 of CASA EX82/21 – Part 119 of CASR – Supplementary Exemptions and Directions Instrument 2021. This contains additional exemptions and directions in relation to FDAP requirements under regulation 119.195.\n\n","sortOrder":57},{"sectionNumber":"52","sectionType":"section","heading":"Conditions of the exemption — safety","content":"52 Conditions of the exemption — safety\n\nIt is a condition of the exemption in section 51 that the operator must not commence a scheduled air transport operation in an aircraft that required, or would have required, an FDAP under CAO 82.3 or 82.5, as in force immediately before 2 December 2021, until the relevant operator has complied with the directions in section 53.\n\n","sortOrder":58},{"sectionNumber":"53","sectionType":"section","heading":"Directions to take preparatory steps","content":"53 Directions to take preparatory steps\n\n(1) A relevant operator who has taken the benefit of any exemption under section 51 must:\n\n(a) not later than the end of a date specified in writing by CASA — give CASA the proposed exposition content that meets the requirements of regulation 119.195 (proposed exposition content) along with any supporting documents that are specified in writing by CASA; and\n\n> Note Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed exposition content.\n\n(b) subject to subsection (3), not commence using its proposed exposition content until the day it receives CASA’s written advice that it may do so.\n\n> Note Receiving the written advice would permit a relevant operator to use the proposed exposition content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 54.\n\n(3) Paragraph (1) (b) does not apply to an operator’s use of its proposed T&C exposition content for purposes other than compliance with civil aviation legislation.\n\n> Note For example, paragraph (1) (b) does not prevent an operator using its proposed exposition content for the purpose of meeting a customer’s contractual requirement for the operator to have and use a FDAP.\n\n","sortOrder":59},{"sectionNumber":"54","sectionType":"section","heading":"Expiry of the exemptions","content":"54 Expiry of the exemptions\n\nThe exemptions under section 51 expire for a relevant operator at the end of a date specified in writing by CASA.\n\n> Note Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates.\n\nNote to CASA EX87/21 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2021\n\n> Note: CASA EX87/21 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2021 (in force under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998) as shown in this compilation is amended as indicated in the tables below.\n\n> Note: > Note: Table of instruments\n\n| Title | Date of FRLI registration | Date ofcommencement | Application, saving ortransitional provisions |\n| ------------------------------------------------------------------------------------------------------------------------------------ | --------------------------------- | ------------------- | --------------------------------------------- |\n| CASA EX87/21 –Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2021 | 6 October 2021(see F2021L01398) | 2 December 2021 | — |\n| CASA EX145/21 – Amendment of CASA EX87/21 – Instrument 2021 (No. 1). | 1 December 2021(see F2021L01671) | 2 December 2021 | — |\n| CASA EX12/23 – Amendment of CASA EX87/21 – Instrument 2023 (No. 1) | 20 February 2023(see F2023L00130) | 21 February 2023 | — |\n| CASA EX60/23 — Amendment of CASA EX87/21 (Extension of Time) Instrument 2023 (No. 1) | 1 June 2023(see F2023L00664) | 2 June 2023 | — |\n| CASA EX99/23 – Amendment ofCASA EX87/21 – Instrument 2023 (No. 2) | 1 December 2023(see F2023L01595) | 2 December 2023 | — |\n\n> Note: > Note: Table of amendments\n\n```html\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

para. 2 (a)

rep. Legislation Act 2003, s 48D

para. 2 (b)

am. F2023L00130

s. 2

rs. F2023L01595

s. 3

am. F2023L01595

s. 7

am. F2023L01595

s. 8

rs. F2023L00130
am. F2023L01595

s. 8A

ad. F2023L00130
rep. F2023L01595

s. 9

rs. F2023L01595

s. 10

rep. F2023L00130

s. 11

rep. F2023L00130

s. 12

rep. F2023L00130

s. 13

rep. F2023L00130

s. 14

rep. F2023L00130

s. 17

am. F2023L01595

s. 18

rs. F2023L00130
am. F2023L01595

s. 18A

ad. F2023L00130
rep. F2023L01595

s. 19

rs. F2023L01595

Part 5, the heading

rep. F2023L01595

s. 20

rep. F2023L00130

s. 21

rep. F2023L00130

s. 22

rep. F2023L00130

s. 23

rep. F2023L00130

s. 24

rep. F2023L00130

s. 27

rs. F2023L01595

s. 28

rs. F2023L00130
am. F2023L00664
rs. F2023L01595

s. 28A

ad. F2023L00130
am. F2023L00664
rep. F2023L01595

s. 29

am. F2023L00664
rs. F2023L01595

s. 30

am. F2023L01595

s. 32

am. F2023L01595

s. 33

rs. F2023L00130, F2023L01595

s. 33A

am. F2023L00664
rep. F2023L01595

s. 34

am. F2023L00130, F2023L00664
rs. F2023L01595

s. 34A

ad. F2021L01671
am. F2023L01595

s. 34B

ad. F2021L01671

s. 34C

ad. F2021L01671

s. 34D

ad. F2021L01671

rs. F2023L00130, F2023L01595

s. 34DA

ad. F2023L00130
am. F2023L00664
rep. F2023L01595

s. 34E

am. F2021L01671, F2023L00664
rs. F2023L01595

s. 35

am. F2023L01595

s. 37

am. F2023L01595

s. 38

rs. F2023L00130, F2023L01595

s. 38A

ad. F2023L00130
am. F2023L00664
rep. F2023L01595

s. 39

am. F2023L00130, F2023L00664
rs. F2023L01595

Part 9, the heading

rs. F2023L01595

s. 40

am. F2023L01595

s. 42

am. F2023L01595

s. 43

rs. F2023L00130, F2023L01595

s. 43A

ad. F2023L00130
am. F2023L00664
rep. F2023L01595

s. 44

am. F2023L00130, F2023L00664
rs. F2023L01595

s. 45

am. F2023L01595

s. 47

am. F2023L01595

s. 48

rs. F2023L00130, F2023L01595

s. 48A

ad. F2023L00130
am. F2023L00664
rep. F2023L01595

s. 49

am. F2023L00130, F2023L00664
rs. F2023L01595

s. 52

rs. F2023L01595

s. 53

rs. F2023L00130, F2023L01595

s. 53A

ad. F2023L00130
rep. F2023L01595

s. 54

rs.F2023L01595

\n```","sortOrder":60}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2389},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The instrument has expanded beyond its initial scope through amendments. Notably, Part 7A was added to cover former Regular Public Transport (RPT), charter and air ambulance operators transitioning from old CAR 217 training organisations, and various Parts were refined to exclude Part 142 training activities. The amendments also extended deadlines and refined the preparatory step requirements, indicating the original scope required significant expansion to cover edge cases in the aviation transition."},"complexity_factors":["11 distinct Parts covering different operator types (Part 121, 133, 135, 138) and systems (SMS, HFP&NTS, T&C, FDAP)","Extensive cross-referencing to Civil Aviation Safety Regulations (CASR), Civil Aviation Regulations 1988 (CAR), and Civil Aviation Orders (CAO) as in force at different dates","Layered conditional logic: exemptions are conditional on compliance with preparatory steps, which are conditional on CASA approval","27 defined terms in section 3 plus acronym-heavy text (SMS, HFP&NTS, T&C, FDAP, MTOW, MOS, etc.)","Implied consequential effects throughout (exemptions from specific paragraphs automatically exempt related regulations)","Transitional provisions requiring comparison of current vs pre-December 2021 regulatory frameworks","Multiple amendment layers (Compilation No. 4) with sections repealed, substituted and added over time"],"plain_english_summary":"This temporary CASA exemption lets certain air transport and aerial work operators that were operating before December 2021 delay implementing new safety management, human‑factors, training/checking and flight‑data analysis systems. It preserves existing safety standards while operators submit plans and obtain CASA approval, and prevents starting new operation types until compliant.\n\nIt expires 1 December 2024 and serves as a transitional bridge between the old regulations and the post‑December 2021 flight operations rules."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The instrument’s scope has been modified by successive amendments and extension instruments recorded in the compilation notes. The amendment table shows additions, repeals and substitutions across many sections (for example, insertion of Part 7A, multiple repeals and reinsertions of directions sections such as ss.8,18,28,33,38,43,48,53, and the EX60/23 extension), which adjusted who qualifies, procedural timelines and transitional conditions. These changes altered the transitional reach and timing of the original exemptions and directions."},"complexity_factors":["Multiple operator categories and operation types with separate Parts (e.g. Parts 2,4,6,7,7A,8,9,10,11) increasing branching (ss.5,15,25,30,34A,35,40,45,50).","Extensive cross‑references to CASR provisions, the CASR Dictionary, CAOs and MOS (s.3; many Parts), requiring cross‑reading of primary regulations and manuals.","Conditional, phased relief tied to procedural steps: submission of implementation plans, exposition/manual content and CASA written advice before use (repeated directions in ss.8,18,28,33,38,43,48,53).","Significant administrative discretion: CASA specifies submission dates and exemption expiry dates in writing (ss.8(1)(b),9,19,29,34,39,44,49,54), creating non‑fixed timelines.","Layered safety conditions and record‑keeping/training requirements that substitute some substantive regulatory obligations with exposition/manual procedures (e.g. sections setting training‑record and competence requirements in ss.7(2)(d),17(2)(d),32(2)(d),37(2)(d),42(2)(d),47(2)(c)).","Numerous implied consequential effects and carve‑outs (e.g. Part 7 notes on consequential exemptions from regs 121.475 subparagraphs; Part 8 notes re MOS chapters), complicating legal scope.","Transient nature and multiple amendments/repairs across 2021–2023 (see amendment tables and notes) increasing interpretive uncertainty about which transitional measures apply.","Differing limits on use (some allowances for non‑regulatory uses of proposed exposition content, e.g. contractual uses, while restricting legislative compliance until CASA advice — ss.8(3),18(3),28(3),33(3) etc.)."],"plain_english_summary":"This instrument grants time‑limited, class-based exemptions from specified CASR requirements (safety management systems, human‑factors/non‑technical skills, training & checking systems and flight‑data analysis) to operators who held an AOC or were early applicants immediately before 2 December 2021. Exempt operators must meet safety conditions, deliver implementation plans and proposed exposition/manual content to CASA by dates CASA specifies, and may only use the proposed material after CASA’s written advice; CASA also sets exemption expiry dates. Operators bear the compliance and implementation costs; CASA controls timing and approval (see ss.5–9,16–19,26–29,31–54)."}},"importantCases":[],"_links":{"self":"/api/acts/casa-ex87-21-flight-operations-regulations-sms-hfp-nts-and-t-c-systems-supplementary-exemptions-and-","history":"/api/acts/casa-ex87-21-flight-operations-regulations-sms-hfp-nts-and-t-c-systems-supplementary-exemptions-and-/history","analysis":"/api/acts/casa-ex87-21-flight-operations-regulations-sms-hfp-nts-and-t-c-systems-supplementary-exemptions-and-/analysis","conflicts":"/api/acts/casa-ex87-21-flight-operations-regulations-sms-hfp-nts-and-t-c-systems-supplementary-exemptions-and-/conflicts","importantCases":"/api/acts/casa-ex87-21-flight-operations-regulations-sms-hfp-nts-and-t-c-systems-supplementary-exemptions-and-/important-cases","documents":"/api/acts/casa-ex87-21-flight-operations-regulations-sms-hfp-nts-and-t-c-systems-supplementary-exemptions-and-/documents"}}