CASA 91/21 — Training and Checking (CASR Part 121) Determination 2021

Several core concepts govern the instrument’s operation and must be read together.

• Determination under regulation 202.418: The instrument expressly states it is a determination for the purposes of subregulation 202.418(3) of CASR (s 4). The immediate legal effect is a deeming mechanism that operates "for the purposes of regulation 202.418" (s 6). The instrument therefore functions as a transitional legal bridge authorised by CASR’s transitional provision and does not, on its face, create new substantive training content or manual requirements beyond what Part 121 and the referenced MOS/regulations require.

• New requirement, new event, old event, expiry date: s 6 frames the test. "New requirement" means the Part 121 requirement that now applies on or after 2 December 2021; the "new event" is the training or checking event to which that requirement relates (Schedule Column 1). The "old event" is the pre‑2 December 2021 event, described in Column 2. The third column is an "old event expiry date" limiting how long that old event may operate as a substitute for the new requirement. If a relevant flight occurs before that expiry date, the old event is taken to meet the new requirement (s 6(a)-(e)).

• Relevant flight: defined in s 3(1) and note. The instrument applies only to flights to which Part 121 (other than Subpart 121.Z) of CASR applies; the note reproduces subregulation 121.005(1) summary thresholds: multi‑engine aeroplanes used for Australian air transport operations with more than nine passenger seats or maximum take‑off weight > 8,618 kg. The effect is that the transitional treatment is targeted at operations covered by Part 121 rather than all civil flights.

• Relationship to legacy instruments: The instrument explicitly references CAO 20.11, CAO 82.0, and CAR as in force immediately before 2 December 2021 (s 3(1)). That means the old events used in Column 2 are frequently events required or described by those earlier instruments. Schedule entries repeatedly mention "was valid immediately before 2 December 2021", so the status of old events as being valid under the previous scheme is an essential factual predicate.

• Person categories and T&CO: Multiple Schedule items distinguish persons who, immediately before 2 December 2021, were subject to an operator’s training and checking organisation (T&CO) under CAR regulation 217, from those who were not. Where a person was under a T&CO, the required old event is usually the successful completion under the T&CO of the operator’s version of the training/checking item. Where they were not, the old event is often conduct of unsupervised charter/aerial work flights or instrument proficiencies under Part 61, with different expiry rules (see various items, e.g. items 1-6).

• Incorporation of the MOS and CASR Part 121 provisions: The new requirements in Column 1 repeatedly point to specific CASR Part 121 paragraphs and to divisions of Chapter 12 or 13 of the Part 121 MOS (e.g. "paragraph 121.475(2)(i)", "Division 3 in Chapter 12 of the Part 121 MOS", item 1). That indicates the substance of the new requirements is to be drawn from the Part 121 text and MOS; the instrument only deems old events to satisfy those requirements during the transition.

• Treatment of expiry and deemed expiry: s 3(5) clarifies that references to "expiry date of an old event" include any "deemed expiry date or when an old event is deemed to have occurred" under the civil aviation legislation as it stood before 2 December 2021. Thus, legacy deeming rules affecting expiry dates will carry through for the purposes of applying the Schedule’s time limits.

• Effect limited to flights falling within the timing window: s 6(e) states the new requirement is taken to have been met "for a relevant flight that is conducted before the expiry date." The instrument does not deem compliance for flights after the expiry date, or for flights that are not "relevant flights" in the Part 121 sense.

These concepts together create a transitional regime: specified legacy training/checking events, if they happened before the changeover and meet the Schedule mapping, will be treated as meeting the relevant new Part 121 requirements for flights occurring in the transitional window defined in Column 3.

CASA 91/21 is explicitly targeted at persons engaged in Part 121 operations and the operators that manage their training and checking systems. The Schedule categorises the affected persons by role. Major categories are:

• Flight crew members (FCMs): Items 1-8 apply to FCMs and cover initial training (item 1), conversion training (item 2), recurrent flight training and checking (item 3), proficiency checks (item 4), line checks and associated checks (item 5), refresher training/checks (item 6), annual emergency and safety equipment training and checks (item 7), and 3‑yearly emergency and safety equipment training and checks (item 8). For many of these items the Schedule differentiates FCMs who were under an operator T&CO immediately before 2 December 2021 from those who were not (each item has subparagraphs distinguishing those cases).

• Flight engineers: Item 5 also expressly lists flight engineers as persons for whom the old event (unsupervised conduct of at least one charter or aerial work flight) will be treated as satisfying new line check requirements, subject to the expiry rules in Column 3.

• Senior cabin crew members: Item 9 covers "senior cabin crew member training and competency check". The Schedule maps this new requirement to old training/checks for cabin attendants whose duties were analogous and provides expiry rules.

• Cabin crew members (CCMs): Items 10-17 apply to cabin crew. They include CCM initial training (item 10), conversion training (item 11), differences training (item 12), annual training and valid annual training check (item 13), valid line check (item 14), 3‑yearly training checks and annual or 3‑yearly emergency and safety checks (items 15, 7, 8), English language proficiency assessment (item 16), and the special CCM annual emergency and safety equipment check where cabin crew are carried but not required (item 17). For cabin crew, the Schedule often draws equivalence between CAO 20.11 old events (training, emergency proficiency tests) and the new Part 121 requirements, subject to expiry dates.

• Operators and training organisations: The instrument affects operators because it changes how prior records and legacy training/checking conducted under CAR/CAO can be used to demonstrate compliance with Part 121 requirements for flights in the transitional window. The Schedule frequently relies on the operator’s training and checking manual and distinguishes conduct "under the T&CO" (i.e. training completed under the operator’s T&CO under CAR reg 217) from other conduct.

• Administrators and auditors: CASA inspectors and operator auditors will need to apply the Schedule when assessing whether an individual meets a Part 121 requirement for a given relevant flight. The instrument changes the evidentiary posture: an old event that meets the Schedule will be taken to meet the new requirement for flights in the transitional period (s 6(d)-(e)).

Who benefits and who must act: individuals with qualifying old events receive transitional recognition (benefit) that allows them to operate on relevant flights without repeat training/checks until the expiry date. Operators bear the administrative burden of identifying qualifying persons, confirming old event validity immediately before 2 December 2021 (see repeated drafting "was valid immediately before 2 December 2021"), ensuring records show whether a person was under the operator’s T&CO as at that date, and scheduling subsequent checks before the expiry dates to avoid gap risk.

The instrument is confined by s 5 to "relevant flights", so individuals and operators outside Part 121 thresholds (e.g. small RPT or private flights not subject to Part 121) are outside the scope of the transitional deeming.

The instrument does not itself create new ongoing duties or authorise rights beyond the transitional deeming effect. Instead it modifies how compliance with existing Part 121 requirements is to be assessed for a defined transitional period. The key operational effects on duties and rights derived from the instrument are:

• Deeming of compliance where conditions met: Under s 6, if the three preconditions are satisfied (new requirement applies on/after 2 Dec 2021; old event happened before 2 Dec 2021; the relevant flight occurs before the Schedule expiry date), CASA determines that the new event is taken to have happened in relation to the person, and the new requirement is taken to have been met for the relevant flight (s 6(d)-(e)). That changes the assessment of compliance for that flight: operators and persons may treat the legacy event as sufficient evidence of compliance for the flight up to the expiry cut‑off.

• Time‑limited relief: The instrument provides time‑limited coverage. For many items the Schedule prescribes explicit expiry dates (commonly 2 December 2022 or 2024) or relative dates (e.g. earlier of X or Y). Where Column 3 states "No expiry date", the old event is treated indefinitely as meeting the new requirement by this determination. The duty on the operator (practical duty) is to ensure that the relevant flight occurs before the expiry date if it is to rely on the old event.

• Recordkeeping and proof burden: The Schedule predicates transitional recognition on facts about past events: old events must have "happened" before 2 December 2021 and in many cases must have been "valid immediately before 2 December 2021". Section 3(5) explicitly includes "deemed expiry date" concepts from the pre‑2 Dec 2021 civil aviation legislation in determining expiry. Thus operators will need to maintain or produce records showing the status of the old events as at that date. While the instrument itself does not recite a new recordkeeping regulation, the practical duty to establish the old event facts falls on operators and affected persons when relying on the deeming for compliance.

• Distinction by training regime: The Schedule often requires different old events depending on whether the person was under a T&CO immediately before 2 December 2021 (e.g. items 1-6, repeated). So the duty includes establishing a person’s regulatory status with respect to the operator's T&CO under CAR regulation 217 as at the transition date. The instrument deems completion "under the T&CO" or an unsupervised flight as qualifying old events depending on that status.

• No substantive change to Part 121 content: The instrument does not change the substance of the new training and checking requirements themselves; Column 1 references the applicable CASR paragraphs and Chapter divisions of the Part 121 MOS. The rights created by the instrument are limited to recognition that the old event "is taken to have happened" and to meet the new requirement for the limited purpose and timeframe specified (s 6(d)-(e)).

• Operator discretionary implementation choices: The instrument leaves operators to choose operationally whether to rely on the deeming for a flight or to require the new event in full prior to a flight. The instrument does not force operators to use the deeming; it simply provides that, where the statutory preconditions are met, the new requirement is taken to have been met for that flight. That operational flexibility is implicit in the structure: compliance may be established either by new training/checks or by applying the transitional deeming where the Schedule permits.

• Inclusion of manual text: Section 3(4) clarifies that a reference to an operator’s training and checking manual includes relevant text in the operator’s operations manual. That affects where operators may locate the evidence of an old event and may alter the administrative practice of where operators record training/checking outcomes.

In short, the instrument creates a temporary evidentiary right to treat certain legacy events as satisfying new Part 121 requirements, subject to specified conditions and expiry rules. The corresponding duty for operators and persons is administrative: confirm eligibility, maintain records proving the old event’s status as at the transition date, and schedule any required new training/checks before the listed expiry dates.

The instrument itself contains no express penalty provisions and does not state any enforcement regime or sanction. Its legal operation is confined to a deeming determination for the purposes of subregulation 202.418 of CASR (s 4; s 6). The instrument therefore changes how compliance is taken to be established for the narrow, transitional purpose set out in s 6, but it does not, on its face, create or remove criminal or civil penalties.

Practical enforcement implications that follow from the instrument’s operation can be deduced from its linkage to CASR:

• The instrument operates "for the purposes of regulation 202.418" (s 4 and s 6). Regulation 202.418 is the CASR transitional provision that authorises determinations dealing with training and checking events; the enforcement consequences of non‑compliance with Part 121 generally remain governed by CASR and any relevant enforcement provisions in CASR and Civil Aviation Act 1988. The instrument does not itself amend those enforcement provisions. (The instrument’s text does not reproduce regulation 202.418 or the enforcement provisions of CASR; therefore any specific enforcement mechanism remains in the primary regulations that this determination is intended to work with.)

• Evidentiary and compliance checks: Because the Schedule entitles operators to treat qualifying old events as meeting the new requirements for the specified period, CASA inspectors auditing a relevant flight’s compliance will need to verify that the conditions in s 6 are met. That verification will involve checking the operator’s records to confirm the old event occurred before 2 December 2021 and that the flight occurred before the expiry date. The instrument’s silence on penalties means that enforcement action for false or fraudulent records, or for operations in which the deemed coverage does not in fact apply, would rely on the existing CASR or Civil Aviation Act provisions rather than the instrument itself.

• No shift in ultimate regulatory liability stated: The instrument does not reassign liability for regulatory breaches; it only determines that, for the purpose of regulation 202.418, the new requirements are taken to have been met where the instrument’s conditions are met. Whether an operator or person would face enforcement for failing to observe substantive Part 121 requirements outside the transitional deeming remains a matter for the Part 121 regulations and CASA enforcement tools, not for this instrument text.

Because the instrument does not state penalties, a compliance risk for operators is procedural: failing to establish that the old event qualified under the Schedule for a specific flight (for example, by lacking proof that the old event was valid immediately before 2 December 2021, as many Schedule entries require) could leave the operator unable to rely on the deeming and therefore exposed to whatever enforcement mechanisms the primary CASR framework provides. The instrument’s text does not elaborate those primary‑law enforcement mechanisms.

CASA 91/21 explicitly ties the transitional treatment to the pre‑existing legislative architecture and to the new Part 121 regime. The instrument names and cross‑references several legal instruments and regulatory instruments; understanding interaction requires reading those cross‑references contained in the instrument.

• Relationship with CASR Part 121 and regulation 202.418: The instrument is a determination made under subregulation 202.418(3) of CASR (s 4). It is expressly "for the purposes of regulation 202.418" (s 4). That means the instrument functions as a transitional instrument authorised by CASR to reconcile legacy training events and new Part 121 requirements. Column 1 of the Schedule repeatedly references specific Part 121 provisions (for example paragraphs 121.475(2)(i), 121.555(1), 121.565, 121.580(1), 121.595, etc), signalling that substantive training/checking content is to be read from CASR Part 121 while this determination permits specified old events to count toward those Part 121 requirements in the transition.

• Incorporation of CAO and CAR legacy instruments: Section 3(1) defines CAO 20.11 and CAO 82.0 as those instruments "as in force immediately before 2 December 2021," and CAR is likewise defined as CAR "as in force immediately before 2 December 2021". The Schedule entries often specify old events that were required or validated under CAO 20.11, CAO 82.0 or CAR (for example, CAO 20.11 emergency procedures proficiency test in item 7 and references to paragraphs of CAO 82.0 in item 4). The instrument therefore uses pre‑transition CAOs and CAR as the source of the old events that it will recognise. Section 3(5) also preserves the effect of any deemed expiry dates or deemed occurrences established by the pre‑2 December 2021 civil aviation legislation.

• Operator manuals and MOS: Column 1 new requirements repeatedly refer to specific Part 121 MOS chapters and divisions (for example "Division 2 in Chapter 12 of the Part 121 MOS", "Division 5 in Chapter 12 of the Part 121 MOS", or "Division 2 in Chapter 13 of the Part 121 MOS"). The instrument assumes that the Part 121 MOS will continue to supply the substantive technical standards and that operator training and checking manuals (and, per s 3(4), operations manuals where relevant text is contained) will reflect the operator’s compliance approach. The instrument thereby connects the legacy CAO/CAR requirements to the Part 121 MOS standards via the deeming.

• Distinction between CAR/T&CO and non‑T&CO regimes: Several Schedule entries treat differently persons who were subject to an operator’s T&CO under CAR regulation 217 immediately before 2 December 2021 and those who were not. The instrument therefore interacts with the residual effect of CAR (the previous regulatory scheme) and CAR reg 217 in particular. It recognises training completed under CAR/T&CO as an old qualifying event in many cases (see multiple items in the Schedule). This creates an explicit link between legacy CAR/T&CO status and the entitlement to transitional recognition under CASR Part 121.

• Interaction with Part 61 instrument proficiency checks: Some Schedule entries (for example parts of item 4 and item 6) treat instrument proficiency checks performed under Part 61 as qualifying old events for certain new Part 121 checks, subject to timing limits (for example, instrument proficiency checks valid for the aeroplane under Part 61 immediately before 2 December 2021 may be treated as old events in items 4 and 6 column 2). That creates a bridge between the Part 61 private pilot/instrument ratings regime and the new Part 121 operational checking regime during the transition.

• Temporal limits and legacy deemings: Section 3(5) instructs that references to expiry date of old events include any "deemed expiry date" or when an old event is "deemed to have occurred" under the pre‑2 December 2021 legislation. This preserves the effect of any pre‑transition deemings, avoiding a situation where legacy deemings would be lost at transition and causing unforeseen non‑compliance.

In short, CASA 91/21 is explicitly designed to make prior CAO/CAR/T&CO events interoperable with the new Part 121 regime for a stated period. The instrument operates by reference to (and does not displace) the substantive requirements in CASR Part 121 and the Part 121 MOS, and it preserves the legal status of certain pre‑transition determinations such as deemed expiry dates made under the old legislation.

The instrument text provided contains the instrument as made on 28 November 2021 by a CASA delegate (Christopher P. Monahan, Executive Manager, National Operations & Standards) and states that it commences on 2 December 2021 (see instrument header, signature block and ss 1-2). The provided instrument text contains no further schedule of amendments, modifications, or subsequent delegations: there are no amendment notes inside the text, and no later commencement or expiry changes are recorded in the instrument as given.

What the instrument does record in internal cross‑references is that it is prepared by a CASA delegate under subregulation 202.418(3) of CASR and that it relies on Part 121 MOS and pre‑transition CAOs and CAR as in force immediately before 2 December 2021 (s 3). The Schedule is the substantive transitional mapping. Because the instrument text, as provided, contains no later amending entries or consolidated amendments, the amendment history in this source is limited to its making and commencement details (signed 28 Nov 2021; commences 2 Dec 2021).

If users require subsequent amendment history (for example, revocations, extensions to expiry dates, or other modifying determinations made after the commencement date), those changes are not contained in the provided instrument and would need to be checked against CASA's legislative instruments register and consolidated versions of CASR determinations. The present instrument text does not show any prior versions or amendments.

Note also that the instrument anticipates other legal changes that might create "deemed expiry dates" under the civil aviation legislation "immediately before 2 December 2021" (s 3(5)). Those legacy deemings are treated as part of the old events for purposes of applying the Schedule, but again any later changes to those deemings after the commencement date are not in this instrument as supplied.

The instrument text provided contains no references to any litigation, judicial review, or court decisions. There are no citations of cases, no records of challenge, and no mention of proceedings in the instrument. The Schedule and body of the instrument stand as an administrative determination made by a CASA delegate and the source material supplied does not indicate any subsequent legal proceedings or judicial consideration.

If litigation has arisen in relation to the instrument in the period after its making, that information is not contained in the instrument text supplied and would need to be sourced from case law databases, tribunal records, or CASA enforcement/administrative records. The instrument itself does not record any litigation history.

This instrument contains multiple detail points and drafting traps that practitioners, compliance officers and operators should watch for when relying on it.

• Strict three‑part condition in s 6: The deeming only applies if all three of s 6(a)-(c) are satisfied: (a) a new requirement applies on/after 2 December 2021 in relation to the new event listed in the Schedule; (b) before 2 December 2021 an old event listed in Column 2 happened in relation to the person; and (c) the relevant flight occurs on/after 2 December 2021 and before the expiry time in Column 3. Failure to satisfy any one of those will mean the instrument does not operate to deem the new requirement met.

• "Relevant flight" restriction narrows scope: The instrument only applies to flights that fall within Part 121 applicability (s 5 and s 3(1) note). If an operator mistakenly applies the deeming to a flight outside the Part 121 thresholds (for example a smaller aircraft or private flight not caught by Part 121), the Schedule's deeming does not apply.

• "Valid immediately before 2 December 2021" language: Numerous Schedule entries require that the old event "was valid immediately before 2 December 2021" (e.g. many items in Column 2). Where there is doubt about whether a qualification was valid on that date, the operator bears the evidentiary burden to demonstrate validity. Section 3(5) recognises deemed expiry dates under prior legislation, but operators must trace and document any such deemings if they intend to rely on them.

• Distinction between persons under a T&CO and those who were not: The Schedule often creates separate pathways depending on whether the person was subject to an operator’s T&CO under CAR reg 217 immediately before 2 December 2021. Operators must establish the regulatory status of individuals as at that date. Misclassification can change whether the old event qualifies, and Column 3 expiry rules differ depending on which path applies.

• Varied expiry rules, absolute and relative: Column 3 uses several different timing rules: (a) "No expiry date" (effectively indefinite recognition under the determination); (b) hard calendar cut‑offs such as 2 December 2022 or 2 December 2024; (c) relative time limits such as "the earlier of 1 year after the old event or 2 December 2022", or "8 months after the old event", or "the earlier of the expiry date of the old event or 8 months after". Operators must parse each item closely and apply the correct trigger. Two common pitfalls are (i) assuming all items have the same 2 December 2022 cut‑off (they do not), and (ii) failing to account for relative deadlines measured from each person’s old event date.

• Multiple qualifying old events and combinable evidence: For some new requirements the Schedule allows several types of old events (for example, line checks may be satisfied by either a line check under the T&CO completed not more than 12 months before 2 Dec 2021, or by a proficiency check in item 4). Operators must ensure they apply the right old event type for the person and capture expiry appropriately,some old events bring the later expiry date of multiple checks into consideration (see item 5 Column 3 where expiry is the later of the expiry dates of checks mentioned in Column 2).

• Instrument does not itself update Part 121 substance or manuals: The instrument refers operators to the Part 121 paragraphs and to divisions of the Part 121 MOS for the content of the new requirements. Operators must ensure their training/checking manuals and operations manuals match the content and standards of Part 121 and the MOS. The instrument does not relieve operators of making any necessary manual revisions to meet Part 121 content beyond the transitional deeming.

• Record consolidations and legacy records: s 3(4) allows relevant text to be in the operations manual; s 3(5) preserves deemed expiry dates. In practice, legacy records may be dispersed between training records, T&CO records, operations manual annotations, and CAO/CAR records. Operators should not assume that a simple certificate is sufficient; the Schedule’s language requires validating the character and validity of old events as at the key date.

• Later flights may be outside transitional coverage: The instrument’s effect is time limited. For several items the cut‑offs are 2 December 2022 or 2 December 2024, while some items use an individual's earlier relative date. Operators who schedule flights beyond those expiry dates must ensure new Part 121 requirements are satisfied by actual new events, not the transitional deeming.

• No explicit enforcement guidance: Because the instrument does not state enforcement mechanisms or penalties, reliance on the determination must be supported by contemporaneous records. If a flight occurs for which a deemed event is claimed but the facts do not meet s 6 preconditions, operators cannot rely on the instrument and must look to the underlying CASR rules for compliance and potential enforcement exposure.

• Potential bunching and operational load: Several items create common cut‑offs (e.g. many items expire on 2 December 2022). Operators should be alert to the operational consequence that multiple crew may require re‑training or re‑checks around the same deadlines, creating resourcing and scheduling pressures. The instrument itself does not smooth that operational demand; it simply sets the transitional windows.

These "gotchas" are not legal defects in the instrument; rather they are practical and interpretive traps that arise from granular draftsmanship, the mixture of legacy events, and the coexistence of absolute and relative expiry rules.

Operators and compliance professionals should take the instrument as a transitional tool that enables the use of legacy qualifications for new Part 121 requirements only where the instrument’s conditions are met and within the expiry windows. The following are concrete, source‑grounded steps for operational compliance derived from the instrument text (s 3-6 and Schedule 1).

1. Identify which flights are "relevant flights"

   • Confirm whether a flight is a "relevant flight" for the operator: Part 121 applies to multi‑engine aeroplanes for Australian air transport where the aeroplane has either a maximum operational passenger seat configuration > 9 or a maximum take‑off weight > 8,618 kg (s 3 note referencing subregulation 121.005(1)). Only those flights can make operational use of the transitional deeming in s 6.

2. Map personnel to Schedule items

   • For each FCM, senior cabin crew member or CCM, determine which Schedule item (1-17) corresponds to the new requirement the person must meet (see Column 1 text across the Schedule).
   • Within that item, determine which Column 2 old event type applies to that person. Frequently this depends on whether the person was under the operator’s T&CO immediately before 2 December 2021 (see many items that distinguish those who were subject to T&CO under CAR reg 217 from those who were not).

3. Verify old event facts and validity

   • For each person under consideration, compile evidence that the old event actually "happened" before 2 December 2021 and, where required by the Schedule, that the old event "was valid immediately before 2 December 2021" (see multiple Column 2 entries). For example, an old event may be "successful completion, under the T&CO, of the operator’s initial training" (item 1 Column 2), or "conduct of at least 1 unsupervised charter flight" (various items).
   • Where the Schedule refers to "deemed expiry dates" or "deemed to have occurred" under pre‑2 December 2021 legislation, locate and attach the legacy instrument record that establishes that deemed date (s 3(5)). Do not rely on memory or informal notes.

4. Calculate the applicable expiry date

   • For each person and item, apply Column 3 rules precisely. These can be:
     • "No expiry date" , treat as indefinite (but still ensure the old event satisfied Column 2 facts).
     • Fixed calendar cut‑offs (e.g. 2 December 2022 or 2 December 2024) , flights must occur before that date for the deeming to apply.
     • Relative deadlines (e.g. "the earlier of 1 year after the old event or 2 December 2022"; "8 months after an old event that is a proficiency check") , compute per person using the specific old event date.
     • Combined rules (e.g. multiple expiry triggers where the earlier or later of two items applies).
   • Document the calculation methodology for audit: show which trigger was the controlling date.

5. Document the reliance rationale in personnel files

   • For each relevant flight where the operator intends to treat the old event as meeting the new requirement, document:
     • which Schedule item is being relied on;
     • evidence demonstrating the old event happened and was valid before 2 December 2021 where required;
     • expiry date computation and whether the flight falls before the expiry;
     • whether the person was under a T&CO immediately before 2 December 2021 (if that affects which old event applies).
   • Include references to the specific Part 121 paragraphs and MOS divisions that constitute the new requirement being satisfied (Schedule Column 1 references many specific paragraphs and MOS divisions).

6. Update manuals and training records where required

   • Section 3(4) treats a reference to an operator’s training and checking manual as including relevant text in operations manual, so ensure both documents contain consistent entries describing how legacy events are recorded and how they will be used for Part 121 compliance in the transitional window.
   • If an operator chooses not to rely on the deeming and instead requires personnel to meet the new Part 121 events immediately, document that policy and corresponding evidence.

7. Schedule follow‑up checks before expiry

   • Create a calendar of expiry dates for all personnel for whom the operator relies on the deeming; ensure scheduling of the new Part 121 events (or re‑qualification) before those expiry dates to avoid a gap in compliance. Particular concentration points: many items have 2 December 2022 as an expiry and certain emergency/safety items have 2 December 2024 (see items 7, 8, 15 etc). Note also individual timelines such as one year, eight months, or three years measured from old event dates.

8. Prepare for audit verification

   • CASA inspectors assessing a relevant flight will check that the s 6 preconditions are met. Prepare records that demonstrate:
     • the old event occurred and was valid as required;
     • the flight was a "relevant flight" as defined;
     • the flight date falls before the applicable expiry in Column 3.

9. Be alert to cross‑regime issues (Part 61, CAOs, CAR)

   • Where old events relied upon include Part 61 instrument proficiencies or CAO 20.11 emergency procedure tests, ensure the record shows the relevant proficiency was valid for the aeroplane immediately before 2 December 2021 (see items 4, 6, 7, 8, 13-15). Per s 3(1) the CAO and CAR references are to instruments "as in force immediately before 2 December 2021", so verify old records against the content and validity frameworks applicable under the pre‑transition rules.

10. Treat "no expiry" entries carefully

• Where Column 3 states "No expiry date" (e.g. item 1 for certain FCM old events, items 10 and 11 for CCM initial/conversion training, item 16 for English language proficiency old events), a qualifying old event is taken to meet the new requirement without an expiry under this determination. However, operators should still track the person’s ongoing currency under Part 121 MOS and CASR requirements, because the instrument does not change the substantive conditions for periodicity or currency that the MOS or CASR may require outside the narrow transitional deeming.

11. Use checklist and legal reference

• Maintain a compliance checklist that tracks for each person: role, Schedule item relied upon, old event description, proof of validity as at 2 Dec 2021, expiry trigger and expiry date, next required action (e.g. schedule new check by X date), and cross‑reference to the specific CASR paragraph and MOS division that the new requirement points to.

These steps are derived from the instrument’s mechanics (s 3-6 and Schedule 1). The instrument creates an evidential route to Part 121 compliance for specified flights and persons but does not replace the substantive CASR or MOS standards. Operators should therefore use the instrument to bridge the transition while ensuring that records and scheduling guard against post‑expiry gaps.