{"id":"F2023L01133","name":"CASA EX88/23 — Overseas Training and Assessment, and Instrument Proficiency Check, Exemption 2023","slug":"casa-ex88-23-overseas-training-and-assessment-and-instrument-proficiency-check-exemption-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104755,"registerId":"commonwealth-F2023L01133-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA EX88/23 — Overseas Training and Assessment, and Instrument Proficiency Check, Exemption 2023","content":"Instrument number CASA EX88/23\n\nI, PHILIPPA JILLIAN SPENCE, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.\n\n\\[Signed P. Spence\\]\n\nPip Spence  \nDirector of Aviation Safety\n\n29 August 2023\n\nCASA EX88/23 — Overseas Training and Assessment, and Instrument Proficiency Check, Exemption 2023\n\n1 Name\n\nThis instrument is CASA EX88/23 — Overseas Training and Assessment, and Instrument Proficiency Check, Exemption 2023.\n\n2 Duration\n\nThis instrument:\n\n(a) commences on 1 September 2023; and\n\n(b) is repealed at the end of 31 August 2026.\n\n3 Definitions\n\nIn this instrument:\n\n> instrument proficiency check has the meaning given by regulation 61.010 of CASR.\n\n> pilot type rating has the same meaning as in Division 61.L.5 of CASR.\n\n> recognised foreign State has the meaning given by regulation 61.010 of CASR.\n\n4 Exemption — Applicant for Pilot Type Rating (Overseas Training and Assessment)\n\n(1) This section applies to an applicant for a pilot type rating, who:\n\n(a) is not taken to meet the requirements for the grant of the pilot type rating under regulation 61.815 or 61.820 of CASR; and\n\n(b) demonstrates to CASA that:\n\n(i) the applicant has completed training, conducted by a training provider that is authorised by the national aviation authority of a recognised foreign State to conduct the training, for the grant of an overseas rating; and\n\n(ii) the applicant has been assessed by a person who is authorised by the national aviation authority of the recognised foreign State to conduct the assessment as meeting the flight test standard for the grant of the overseas rating; and\n\n(iii) the training meets the standards stated in the Part 61 Manual of Standards for training for the pilot type rating; and\n\n(iv) the overseas rating is at least equivalent to the pilot type rating.\n\n(2) The applicant is exempt from compliance with subregulation 61.810(3) of CASR.\n\n> Note If the exemption applies and the applicant meets the requirements stated in subregulation 61.810(2) of CASR, the applicant is taken to meet the requirements stated in Part 61 of CASR for the grant of the pilot type rating for the purposes of paragraph 61.165(c) of CASR.\n\n5 Exemptions — Instrument proficiency check partially conducted by foreign-authorised person\n\n(1) The holder of a multi-crew pilot licence is exempt from compliance with regulation 61.065 of CASR to the extent that the holder is not authorised to exercise the privileges of the licence under the IFR in an aeroplane of a particular category or a multi-engine aeroplane, under subregulation 61.650(1) or (2) of CASR, because the holder does not meet the requirements stated in paragraph 61.650(3)(d) or (e) of CASR in relation to the relevant aeroplane, if the requirements stated in subsection (6) are met.\n\n> Note If the exemption applies, the holder is taken to have successfully completed an instrument proficiency check for the relevant aeroplane for the purposes of paragraph 61.650(3)(d) or (e) of CASR, as applicable.\n\n(2) The holder of an air transport pilot licence is exempt from compliance with regulation 61.065 of CASR to the extent that the holder is not authorised to exercise the privileges of the licence under the IFR in an aircraft of a particular category, or a multi-engine aeroplane or multi-engine helicopter, under subregulation 61.695(1) or (2) of CASR, because the holder does not meet the requirements stated in paragraph 61.695(3)(d) or (e) of CASR in relation to the relevant aircraft, if the requirements stated in subsection (6) are met.\n\n> Note If the exemption applies, the holder is taken to have successfully completed an instrument proficiency check for the relevant aircraft for the purposes of paragraph 61.695(3)(d) or (e) of CASR, as applicable.\n\n(3) The holder of a pilot type rating is exempt from compliance with regulation 61.065 of CASR to the extent that the holder is not authorised to exercise the privileges of the rating under the IFR in an aircraft type covered by the rating, other than a single-pilot turbojet aeroplane type, under subregulation 61.805(1) of CASR, because the holder does not meet the requirements stated in paragraph 61.805(2)(e) or (f) of CASR in relation to the aircraft type, if the requirements stated in subsection (6) are met.\n\n> Note If the exemption applies, the holder is taken to have successfully completed an instrument proficiency check for the relevant aircraft type for the purposes of paragraph 61.805(2)(e) or (f) of CASR, as applicable.\n\n(4) The holder of a pilot type rating is exempt from compliance with regulation 61.065 of CASR to the extent that the holder is not authorised to exercise the privileges of the licence under the IFR in a single-pilot turbojet aeroplane type, under subregulation 61.805(1) of CASR, because the holder does not meet the requirements stated in paragraph 61.805(3)(e) or (f) of CASR in relation to the aircraft type, if the requirements stated in subsection (6) are met.\n\n> Note If the exemption applies, the holder is taken to have successfully completed an instrument proficiency check for the relevant aircraft type for the purposes of paragraph 61.805(3)(e) or (f) of CASR, as applicable.\n\n(5) The holder of an instrument rating is exempt from compliance with regulation 61.065 of CASR to the extent that the holder is not authorised to exercise the privileges of the licence in an aircraft of a particular category, or a multi-engine aeroplane or multi-engine helicopter, under subregulation 61.880(1) or (2) of CASR, because the holder does not meet the requirements stated in paragraph 61.880(3)(e) or (f) of CASR in relation to the relevant aircraft, if the requirements stated in subsection (6) are met.\n\n> Note If the exemption applies, the holder is taken to have successfully completed an instrument proficiency check for the relevant aircraft for the purposes of paragraph 61.880(3)(e) or (f) of CASR, as applicable.\n\n(6) For subsections (1) to (5), the requirements are the following:\n\n(a) a person who is authorised by the national aviation authority of a recognised foreign State to conduct an instrument proficiency check (however named) conducts an instrument proficiency check of the holder in relation to the relevant aeroplane, aircraft or aircraft type;\n\n(b) the instrument proficiency check mentioned in paragraph (a) meets the authority’s flight standards for an instrument proficiency check for the relevant aeroplane, aircraft or aircraft type;\n\n(c) CASA or a flight examiner:\n\n(i) assesses the holder against the knowledge standards, stated in Appendix 1 of Schedule 6 of the Part 61 Manual of Standards, for an instrument proficiency check for the relevant aeroplane, aircraft or aircraft type; and\n\n(ii) is satisfied the holder meets the knowledge standards; and\n\n(iii) endorses the holder’s licence document to the effect that the holder has completed an instrument proficiency check for the relevant aeroplane, aircraft or aircraft type.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Temporarily exempts specified CASR requirements by allowing acceptance of overseas training/assessments and certain foreign‑conducted instrument checks when conditions are met, thereby narrowing the immediate onshore testing requirement and substituting CASA verification and licence endorsement for some domestic re‑testing."},"complexity_factors":["Cross‑references to multiple CASR provisions (e.g. regs 61.065, 61.650, 61.695, 61.805, 61.880, 61.810) increase legal navigation required","Equivalence requirement to Part 61 Manual of Standards training and Appendix 1 knowledge standards requires technical comparison and judgment","Requirement that foreign training/assessment be authorised by the foreign national aviation authority creates dependency on third‑party regulatory frameworks","CASA or a flight examiner must assess and endorse licences, creating administrative and evidentiary burdens on applicants and CASA","Multiple licence and rating categories are covered (MPL, ATPL, pilot type ratings, instrument ratings), adding categorical complexity","Time‑limited instrument (1 Sep 2023 to 31 Aug 2026) creates ongoing compliance/renewal considerations"],"plain_english_summary":"This instrument lets CASA accept certain overseas training and assessments in place of Australian checks for pilot type ratings and permits some instrument proficiency checks conducted by foreign‑authorised examiners to count for Australian licences, where applicants show equivalence and CASA verifies standards.  It affects pilots trained or tested overseas, foreign training providers and national aviation authorities, and CASA/flight examiners; it shifts some testing activity offshore but creates a CASA verification and endorsement requirement before Australian privileges are granted."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument appears to maintain its original scope as an exemption instrument. It provides specific, targeted exemptions from CASR Part 61 requirements for overseas training and instrument proficiency checks. The two main exemption areas (pilot type rating training and instrument proficiency checks) are clearly delineated and consistent with the instrument's title and stated purpose. No evidence of scope creep beyond the original regulatory intent."},"complexity_factors":["Heavy cross-referencing to Civil Aviation Safety Regulations 1998 (CASR) - references to regulations 11.160, 61.010, 61.065, 61.650, 61.695, 61.805, 61.810, 61.815, 61.820, 61.880, and Division 61.L.5","Nested conditional logic in Section 5 with five parallel exemption clauses (subsections 1-5) each containing multiple conditions","Requires understanding of defined terms from external documents: 'Part 61 Manual of Standards' and 'Schedule 6 Appendix 1'","Dual-layer exemption structure: exemption from one regulation (61.065) contingent on meeting requirements in subsection (6), which itself has three sub-requirements","Technical aviation terminology requiring domain knowledge: IFR (Instrument Flight Rules), multi-crew pilot licence, air transport pilot licence, pilot type rating, instrument proficiency check, single-pilot turbojet aeroplane","Specific paragraph-level references within regulations (e.g., paragraph 61.650(3)(d) or (e)) creating precise but dense conditional triggers"],"plain_english_summary":"This instrument creates two targeted exemptions letting certain overseas training and checks substitute for Australian requirements: one permits pilots who completed approved foreign type‑rating training and assessment to obtain an Australian type rating without repeating equivalent training, and the other allows specified licence holders to count an overseas instrument proficiency check toward Australian requirements provided it meets recognised authority standards and an Australian knowledge check is passed. It affects pilots trained or working abroad and streamlines recognition of equivalent foreign safety regimes."}},"importantCases":[],"_links":{"self":"/api/acts/casa-ex88-23-overseas-training-and-assessment-and-instrument-proficiency-check-exemption-2023","history":"/api/acts/casa-ex88-23-overseas-training-and-assessment-and-instrument-proficiency-check-exemption-2023/history","analysis":"/api/acts/casa-ex88-23-overseas-training-and-assessment-and-instrument-proficiency-check-exemption-2023/analysis","conflicts":"/api/acts/casa-ex88-23-overseas-training-and-assessment-and-instrument-proficiency-check-exemption-2023/conflicts","importantCases":"/api/acts/casa-ex88-23-overseas-training-and-assessment-and-instrument-proficiency-check-exemption-2023/important-cases","documents":"/api/acts/casa-ex88-23-overseas-training-and-assessment-and-instrument-proficiency-check-exemption-2023/documents"}}