CASA 69/20 — Prescription and Approval of Recognised Foreign States Instrument 2020

The instrument relies on and uses two primary administrative mechanisms: prescription under CASR and approval for the Part 133 Manual of Standards. The statutory mechanics are simple and set out in the operative provisions.

• Prescription (s 3). Section 3 prescribes, for the purposes of regulation 61.047 of CASR, the countries in Schedule 1 as recognised foreign States. The instrument therefore exercises the power granted by regulation 61.047 to designate which foreign countries are to be treated as recognised for the purposes of that regulation. The instrument does not itself restate the substantive consequences of being a "recognised foreign State"; those consequences are located in the CASR provisions and any delegated instruments that rely on the definition in regulation 61.010.

• Approval (s 4). Section 4 approves, for the purposes of section 12.13 of the Part 133 MOS, the States in Schedule 2 as recognised foreign States. This is a separate decision path: approval under the Part 133 MOS operates within the MOS framework rather than directly under CASR. The instrument therefore creates an approved list for a Manual of Standards provision.

• Schedules and generic entries. Both schedules include a generic entry referring to "EASA member States" (Schedule 1 lists "Countries that are EASA member States"; Schedule 2 lists "EASA member States") and then list a number of named European States individually. Schedule 1 additionally contains a heading "Other countries" and separately lists the "United Kingdom". The presence of both a generic class entry and named entries is a drafting feature that may serve as shorthand for inclusion of the entire class plus specific confirmation of some member States, though the instrument itself is silent on whether the named listings are additive or simply illustrative.

• Cross-references and external definitions. The instrument explicitly defers to definitions in other instruments: it directs readers to regulation 61.010 of CASR for a fuller definition of "recognised foreign State" and to section 1.04 of the Part 133 MOS for other recognised foreign States relevant to that MOS. The instrument therefore functions as a subordinate list that works only in tandem with definitions and provisions outside the instrument.

• Compilation and amendment mechanics. The compilation note indicates the instrument has been amended (CASA 68/22) and shows which parts were added, repealed or substituted. The amendment table records that ss 2(1) and 2(2) were repealed (references to the Legislation Act 2003), and that ss 3 and 4 and Schedules 1 and 2 were repealed and substituted by F2022L01750. The instrument thus exists as a dynamic list subject to FRLI amendment and replacement entries.

These concepts show the instrument is primarily classificatory: it does not create new technical standards, offences, or detailed procedural rules. Rather it determines the scope of external-state recognition used by CASR and a specific Manual of Standards provision, by naming States and pointing to other definitions.

The instrument’s direct legal effects attach to persons and entities whose legal rights or obligations under CASR or the Part 133 MOS depend on whether a foreign State is a "recognised foreign State". Read narrowly to the instrument text, two discrete categories are affected.

• Parties subject to regulation 61.047 of CASR. Section 3 prescribes each country in Schedule 1 as a recognised foreign State "for regulation 61.047 of CASR". Anyone whose entitlements, exemptions, recognitions, or procedural pathways in CASR are triggered by that status will be affected. The instrument does not itself identify the CASR rights or obligations in regulation 61.047; reference is required to the CASR text and the definition of "recognised foreign State" in regulation 61.010. Practically, those affected will include holders of foreign licences, endorsements, certificates, approvals or documentation that CASR would consider under the "recognised foreign State" rules and those who apply to CASA for conversion, validation, or recognition under the relevant CASR provisions.

• Parties subject to section 12.13 of the Part 133 Manual of Standards. Section 4 approves the States in Schedule 2 "for the purposes of section 12.13 of the Part 133 Manual of Standards". The Part 133 MOS applies to operators, maintenance providers, and other participants in the operations covered by Part 133 (agricultural aircraft operations and associated standards). Those whose compliance obligations, approvals or acceptances in the Part 133 MOS turn on a State being an approved "recognised foreign State" will be affected. The instrument itself directs readers to s 1.04 of the Part 133 MOS for other recognised foreign States, establishing that compliance assessments must cross-reference the MOS.

• The Civil Aviation Safety Authority (CASA). CASA is the creator of the instrument; it decides which States are prescribed or approved under the instrument’s authority, and it is the administrative body charged with applying the relevant CASR provisions and MOS provisions that rely on the recognised-foreign-State status. The instrument is made under powers granted in CASR and a Civil Aviation Order, so CASA is the decision-maker and implementer.

• Foreign States named in the Schedules. The governments and aviation authorities of the States listed in Schedule 1 and Schedule 2 are affected insofar as their aviation-issued licences, certificates or approvals may be treated as coming from a "recognised" Source under Australian regulatory frameworks identified in the instrument.

• Operators and advisers performing cross-border compliance work. Lawyers, accountants, compliance professionals, and industry advisers who assist with licence conversions, approvals, or Part 133-related compliance must recognise the split: a State may be prescribed under CASR (Schedule 1) but not necessarily approved for the Part 133 MOS (Schedule 2), or vice versa.

The instrument does not create direct obligations on persons beyond the effect of recognition status within CASR and the Part 133 MOS. It contains no penalty provisions or enforcement mechanisms of its own; those arise from the CASR and the MOS that reference the recognised-foreign-State designation. The instrument’s notes highlight that definitions outside the instrument (regulation 61.010 of CASR; Part 133 MOS s 1.04) may list additional recognised foreign States, so affected parties must consult those instruments as well as the schedules here.

The instrument itself does not create duties or rights in the form of operational requirements, offences, or direct entitlements. Instead it operates as a classificatory instrument that determines which foreign States are to be treated as "recognised foreign States" for the application of other regulatory provisions. The key legal effect is therefore indirect: it defines membership of a category that triggers duties and rights located elsewhere.

• Duty to consult the external provisions. Because ss 3 and 4 expressly operate "for regulation 61.047 of CASR" and "for the purposes of section 12.13 of the Part 133 Manual of Standards" respectively, the practical duties and rights that flow from this instrument are those set out in those instruments. Any compliance obligation, entitlement to recognition, or process for conversion and acceptance will be found in regulation 61.047, regulation 61.010 (the definition of "recognised foreign State" that the instrument references), and Part 133 MOS provisions (including s 12.13 and s 1.04). The instrument imposes a duty on regulated parties to check those external sources in conjunction with the schedules here.

• Right to have a State treated as "recognised" for specified purposes. Persons or entities relying on recognition determinations under regulation 61.047 or Part 133 MOS s 12.13 have a right, created by the instrument’s prescription and approval, to have the named States treated as recognised when CASA or the MOS provisions evaluate an application or acceptance. In other words, the instrument establishes the list that CASA and MOS processes should apply.

• Administrative discretion remains with CASA and MOS processes. The instrument prescribes and approves lists; it does not remove administrative discretion vested in CASA under CASR or in any decision-makers acting under the MOS. The instrument therefore modifies the input into those decision-making regimes (the set of recognised States), but does not itself change how CASA or MOS decision-makers exercise other statutory or delegated discretions. The instrument’s own sections (ss 3-4) are categorical, but the broader effect depends on how the referenced regimes treat recognised foreign States.

• Interpretive obligation. Because the schedules include both a generic class entry ("EASA member States") and individually named States, parties and decision-makers must interpret whether the named entries are duplicative or intended to clarify coverage. The instrument’s notes (for example the note explaining the status of the United Kingdom in relation to the definition in regulation 61.010) function as interpretive guidance but do not themselves create new rights or duties separate from CASR/MOS.

• No standalone penalties or enforcement in the instrument. The instrument contains no provisions creating offences, monetary penalties, or enforcement processes. Any sanction for non-compliance with duties that depend on recognised‑State status must therefore arise from the CASR provisions or the Part 133 MOS provisions that reference the recognition status determined by this instrument.

In sum, the instrument’s "duties and rights" are procedural and classificatory: it supplies a designated list that triggers other rights and obligations defined elsewhere. Regulated parties must therefore look to the CASR and Part 133 MOS texts for substantive duties and rights that will be applied using the lists in this instrument.

The instrument contains no penalty provisions, enforcement sanctions, or compliance audit powers within its text. Sections 3 and 4 perform a classificatory or administrative function , they prescribe and approve States for use by other instruments , and do not themselves create offences or specify enforcement procedures.

Because the instrument is made under regulation 61.047 of CASR and under subsection 7 of Civil Aviation Order 82.0 Instrument 2014, any penalties or enforcement consequences that flow from recognition of a foreign State will derive from the primary regulation (CASR) or the Manual of Standards provisions (Part 133 MOS) that use the recognised‑foreign‑State designation. The instrument’s notes explicitly direct readers to the definition of "recognised foreign State" in regulation 61.010 of CASR and to s 1.04 of the Part 133 MOS for other recognised foreign States; those external provisions and the CASR/MOS framework are where penalties and enforcement mechanisms (if any) will be located.

Because the instrument substitutes and amends lists used by those higher-order instruments, the enforcement consequence is that a State’s inclusion or exclusion from the instrument’s Schedules will determine whether CASR or MOS provisions treat that State as "recognised" when applying regulatory obligations and sanctions. The instrument itself does not specify who enforces those consequences, but the body that made the instrument (CASA) administers CASR and the MOS, and so would ordinarily be the decision-maker implementing consequential enforcement under CASR/MOS.

Two practical compliance implications should be noted, drawn from the instrument’s silence on penalties:

• Absence of express transitional enforcement detail. The instrument does not provide transitional arrangements for persons relying on prior lists. Where the instrument was amended (see compilation notes and the Table of amendments), regulated parties must check commencement dates and FRLI registration details to determine which list applied at a given time, because enforcement under CASR/MOS will be applied according to the recognised‑State status in force at the relevant time.

• Necessity to consult CASR and MOS for enforcement specifics. Any person seeking to understand penalties or enforcement risks tied to recognised foreign State status must examine CASR (including regulation 61.047, regulation 61.010 and related provisions) and the Part 133 MOS (including section 12.13 and section 1.04). This instrument should be treated as a subsidiary, listing instrument that feeds into those enforcement regimes.

In short, this instrument does not itself impose penalties; enforcement consequences exist only insofar as higher-level instruments reference the recognised‑foreign‑State categorisation established here.

This instrument does not operate in isolation. Its entire effect is by reference into specific provisions of the Civil Aviation regulatory framework and a Manual of Standards. The textual cross-references in the instrument identify the immediate interactions.

• Regulation 61.047 of CASR. Section 3 prescribes countries in Schedule 1 "for regulation 61.047 of CASR". That establishes a direct dependency: the legal consequences that regulation 61.047 attaches to being a "recognised foreign State" will operate in relation to the Schedule 1 list. The instrument does not reproduce regulation 61.047, nor does it reproduce the definition of "recognised foreign State"; it simply supplies the designated foreign States for that regulation to use.

• Regulation 61.010 of CASR (definition of "recognised foreign State"). The instrument includes an explicit note directing readers to the definition in regulation 61.010 for "other recognised foreign States". Consequently, whether a State is treated as recognised for CASR purposes could depend on both this instrument’s schedules and the definition in reg 61.010. The instrument highlights that the definition in reg 61.010 previously listed the United Kingdom in paragraph (xv) as an EASA member State, but that paragraph has no effect because the United Kingdom ceased to be an EASA member State on 31 December 2020. That acknowledgement demonstrates an interaction between the instrument, the definition regime in CASR, and changes in external institutional status (EASA membership).

• Part 133 Manual of Standards, section 12.13 and section 1.04. Section 4 approves the States in Schedule 2 "for the purposes of section 12.13 of the Part 133 Manual of Standards". A note also directs readers to s 1.04 of the Part 133 MOS for other recognised foreign States. Thus the Part 133 MOS will give operative effect to the instrument’s approved list when applying s 12.13. Because the MOS framework is subordinate to CASR and designed to give effect to standards and acceptable means of compliance, this instrument changes the MOS’ input list without altering MOS text beyond the approval.

• Civil Aviation Order 82.0 Instrument 2014, subsection 7. The instrument was made under subsection 7 of Civil Aviation Order 82.0 Instrument 2014, indicating that those statutory or delegated powers supply the authority for approval actions affecting the Part 133 MOS. The instrument’s title and preface explicitly note this power source.

• Legislation Act 2003 references and amendment history. The Table of amendments indicates that ss 2(1) and 2(2) were repealed with references to the Legislation Act 2003 (s 48D and s 48C respectively). Those entries show that the instrument interacts with statutory drafting and commencement formalities governed by the Legislation Act, although the instrument itself does not restate those provisions.

• External institutional law: EASA membership changes. The instrument’s notes treat EASA membership status as relevant to whether a State is covered by the "EASA member States" entry or by the reg 61.010 definition. The note that the UK ceased to be an EASA member State on 31 December 2020 is an express cross-reference to an external institutional fact used to interpret the instrument’s operation. That creates an operational link between the instrument and the international institutional status of foreign States.

In practical terms, this instrument is an implementing instrument: its legal force and practical consequences are delivered through its interactions with CASR and the Part 133 MOS. Parties must therefore consult those primary instruments, together with the FRLI compilation and amendment history, to understand how the instrument changes their rights and obligations under the broader aviation regulatory scheme.

The compilation notes in the instrument provide the complete amendment trail up to the compilation date of 24 December 2022 and list the relevant FRLI entries and commencement dates.

• Initial instrument. CASA 69/20 , Prescription and Approval of Recognised Foreign States Instrument 2020 was registered on the Federal Register of Legislation (FRLI) on 15 December 2020 (FRLI identifier F2020L01613) and commenced on 16 December 2020, according to the compilation note at the end of the instrument.

• Amendment instrument CASA 68/22. The instrument was amended by CASA 68/22 , Amendment of CASA 69/20 (Prescription and Approval of Certain Recognised Foreign States) Instrument 2022, which was registered on FRLI on 23 December 2022 (F2022L01750) and commenced on 24 December 2022. The compilation heading states that this compilation takes into account amendments up to instrument CASA 68/22.

• Tabulated amendment specifics. The embedded amendment table records how provisions were affected by F2022L01750. The table entries include: (a) the Title was repealed and substituted (rs. F2022L01750); (b) ss 2(1) and 2(2) were repealed (rep. Legislation Act 2003, s 48D and s 48C references respectively); (c) sections 3 and 4 were repealed and substituted (rs. F2022L01750); and (d) Schedules 1 and 2 were added (ad. F2022L01750). The table explicitly uses standard shorthand: ad. = added or inserted; am. = amended; rep. = repealed; rs. = repealed and substituted.

• Compilation date. The instrument as presented is Compilation No. 1, prepared on 24 December 2022 by the Advisory and Drafting Branch, Legal, International and Regulatory Affairs Division of CASA, Canberra. The compilation consolidates the original instrument and the CASA 68/22 amendment as in force on 24 December 2022.

• Effect on content. The amendment history demonstrates the substantive form of the instrument changed between 2020 and 2022. The amendment entries indicate that the operative Schedules and the operative sections prescribing and approving States were replaced or inserted in the 2022 amendment. That means historical compliance enquiries must consider which version applied at the relevant time (pre-24 December 2022 or post-24 December 2022).

Practitioners must therefore check the FRLI instrument identifiers and commencement dates recorded in the compilation when assessing which list applied at particular dates or to particular activities, because the instrument’s legal effect is governed by its commencement and amendment chronology recorded on FRLI.

The instrument’s text and compilation notes contain no references to litigation, judicial review proceedings, or determinations about its validity. There is no litigation history recorded in the instrument itself, and no cases or judicial decisions are cited in the compilation materials provided.

Because the instrument is subordinate and classificatory , it prescribes and approves lists of States for use by CASR and the Part 133 MOS , any judicial challenges relevant to its operation would likely occur in the context of decisions made under the CASR or MOS that applied the instrument’s lists. The compilation, however, does not include or reference any such cases.

Accordingly, based solely on the text supplied, there is no reported litigation history. Users seeking to know whether the instrument or decisions applying it have been subject to legal challenge must search external litigation databases and FRLI case annotations; such searches are outside the scope of the instrument as presented here.

This instrument contains a number of drafting, interpretive and practical features that can create traps for the unwary; the risks mostly arise because the instrument serves as a list that interacts with definitions and procedures located in other instruments.

• Dual lists with non-identical membership. Schedule 1 (prescribed for regulation 61.047 of CASR) and Schedule 2 (approved for Part 133 MOS s 12.13) are not identical. Schedule 1 expressly lists the United Kingdom and includes a heading "Other countries"; Schedule 2 does not list the United Kingdom and does not include an "Other countries" heading. A State may therefore be prescribed for CASR purposes under s 3 but not approved for Part 133 MOS purposes under s 4. Operators should not assume that being on one Schedule automatically means being on the other.

• Generic "EASA member States" entry plus individual listings. Both schedules contain a generic entry covering "EASA member States" and a set of individually named EASA States. The inclusion of both the class and individual members creates potential ambiguity: do the individual named States operate as confirmations or as discrete additions? The instrument gives no interpretive direction on whether naming individual States changes coverage or adds redundancy. Readers must therefore check the schedules and the external definitions to ensure a State’s coverage.

• Reliance on external definitions and institutional changes. The instrument explicitly refers readers to the definition of "recognised foreign State" in regulation 61.010 of CASR and to s 1.04 of the Part 133 MOS for "other recognised foreign States". This means the instrument’s coverage is not self-contained. The compilation warns that the United Kingdom was listed as an EASA member in reg 61.010 paragraph (xv) at the time of preparation, but that paragraph has no effect because the United Kingdom ceased to be an EASA member State on 31 December 2020. That explanatory note identifies a second-order risk: the instrument’s operation depends on evolving external facts (EASA membership) and on the content of other instruments. A practitioner cannot rely solely on the Schedule text without checking those external sources and the relevant dates.

• Amendment timing and retrospective application risks. The instrument was amended by CASA 68/22, which substituted ss 3 and 4 and added Schedules 1 and 2, with the amendment commencing on 24 December 2022. There is no transitional provision in the instrument itself. Parties must therefore confirm which version applied at the time of an event: the original 16 December 2020 instrument or the post‑24 December 2022 instrument. Failure to verify the applicable instrument version could lead to incorrect assumptions about a State’s recognised status at a particular time.

• No standalone enforcement guidance. Because the instrument does not include penalties, transitional rules, or administrative procedures, users must consult CASR and the Part 133 MOS to learn how the recognised‑State status will be used in enforcement or approval processes. That creates operational risk for applicants who assume that inclusion in a Schedule guarantees automatic approval; decision-makers under CASR or MOS may have other substantive requirements or discretions.

• Potential confusion over terminology: "Country" vs "State". Schedule 1 uses the heading "Country" while Schedule 2 uses the heading "State". The instrument makes no semantic distinction, but the difference in wording could generate queries in interpretation or drafting cross‑checks, particularly when linked to the definition of "recognised foreign State" in regulation 61.010 and the Part 133 MOS references.

• FRLI identifier and documentary reliance. The Table of amendments references FRLI identifiers (F2020L01613 and F2022L01750). Practitioners relying on historical documentary evidence must cite the correct FRLI instrument and commencement date. The instrument’s compilation provides these details, but reliance on an outdated FRLI version or failure to cite the correct commencement date could be problematic in administrative reviews or audits.

Each of these "gotchas" flows from features present in the instrument: the split lists, the generic entries, the cross-references to external definitions and institutional facts, and the absence of transitional or enforcement detail. Users should therefore avoid treating the instrument’s schedules as self-sufficient legal statements and should cross‑check the CASR and MOS provisions and FRLI records when making decisions.

Compliance under this instrument is compliance by correct identification and by following the consequential processes in CASR and the Part 133 MOS. Because the instrument is a list instrument that cross-references higher-order regulatory texts, the compliance steps below follow directly from the instrument’s form and the compilation notes.

1. Identify the relevant regulatory hook. Determine whether your activity triggers regulation 61.047 of CASR or section 12.13 of the Part 133 Manual of Standards. Section 3 operates specifically "for regulation 61.047 of CASR"; section 4 operates "for the purposes of section 12.13 of the Part 133 MOS". This instrument does not itself state what activities those provisions cover. Compliance therefore starts by identifying which of those external provisions applies to your activity.

2. Check the correct Schedule. If your matter falls under regulation 61.047 of CASR, consult Schedule 1 in this instrument to see whether the foreign State in question is prescribed (s 3). If it falls under Part 133 MOS s 12.13, consult Schedule 2 to see whether the State is approved (s 4). Do not assume that presence in one Schedule implies presence in the other.

3. Cross-reference the external definitions. The instrument expressly directs users to regulation 61.010 of CASR (definition of "recognised foreign State") and to s 1.04 of the Part 133 MOS for other recognised foreign States. Ensure you consult those provisions to determine whether additional States are to be treated as recognised beyond the Schedules. Pay attention to the dates and any historic paragraphs that may have been listed previously (for example, the compilation note concerning the United Kingdom’s previous listing in reg 61.010).

4. Verify effective dates and applicable instrument version. The compilation identifies two FRLI registrations and commencement dates: the original instrument (F2020L01613, commencement 16 December 2020) and the amendment (F2022L01750, commencement 24 December 2022). Confirm which version of the instrument applied at the relevant date for your activity. The 2022 amendment repealed and substituted ss 3 and 4 and added the current Schedules; therefore the applicable list may differ depending on timing.

5. Document evidence of recognised status. When relying on a foreign State’s recognised status for applications, approvals, conversions or operational compliance, include the relevant Schedule citation and the FRLI instrument identifier and commencement date in your supporting material. Where possible, include cross-references to the CASR or Part 133 MOS provision that your application invokes, so the decision-maker can see the linkage (for example: "Schedule 1 of CASA 69/20 as in force on [date] prescribed [State] for reg 61.047 of CASR").

6. Do not rely solely on Schedule text for substantive approvals. The instrument is a list, not a substantive approval of individual licences or certificates. Even if a State is listed, the decision-maker applying CASR or MOS requirements may require additional documentary proof, equivalence assessments, or meet substantive criteria in the CASR or MOS. Therefore, prepare to satisfy any substantive requirements in regulation 61.047, regulation 61.010 or Part 133 MOS s 12.13, as applicable.

7. Monitor EASA membership and external institutional changes. The instrument’s notes demonstrate that EASA membership status and the content of external definitions can change the interpretation of the lists (for example the note concerning the UK’s cessation of EASA membership). Maintain a process to check EASA membership lists and any amendments to regulation 61.010 or the Part 133 MOS that might add or remove States or change the meaning of the generic "EASA member States" entries.

8. Use FRLI references when seeking clarifications from CASA. If there is any ambiguity or dispute about whether a State is recognised for a particular purpose, refer to the exact FRLI instrument and commencement date (F2020L01613 or F2022L01750) when querying CASA, and cite the specific Schedule and section (s 3 or s 4). That will focus CASA’s response on the correct version.

9. For Part 133 matters, consult the MOS directly. Because s 4 links the approved States to s 12.13 of the Part 133 MOS and refers readers to s 1.04 for other recognised foreign States, practitioners working in Part 133 contexts should ensure they comply with MOS procedures and standards in addition to noting the approved list in this instrument.

10. Keep accurate records of approvals and refusals. For audit, enforcement, or administrative review, document the reliance on the instrument (which Schedule and which FRLI entry), the date of application, and any substantive materials submitted under CASR or MOS processes. Because the instrument itself does not include transitional or enforcement guidance, documentary clarity about reliance and dates will be important if questions arise.

Following these steps aligns compliance activity with the mechanical operation of this instrument as a classificatory list that feeds into CASR and the Part 133 MOS. Practitioners should treat this instrument as part of a regulatory chain and ensure the chain is closed by consulting and satisfying the substantive provisions in the higher-order instruments it references.