CASA EX22/25 — ATC Licence (AV Show Endorsements) (Exemptions from Currency Requirements) Instrument 2025

The primary persons affected are ATC licence holders who perform air traffic control functions at Avalon Airport under an AV Show endorsement for the purposes of the Airshow, or who have completed training for such an endorsement in order to perform those functions. These individuals are the beneficiaries of the exemption, but they must meet the condition of having a satisfactory simulator assessment within the preceding six months. The instrument also directly affects Airservices Australia, which is the subject of the directions in section 6. Airservices must ensure the ML simulator, its software, data set, and exercises are aligned with the live operational environment at all times when used under the instrument. Airservices must not change the simulator assessment process for an AV Show endorsement without CASA’s prior written approval, and must not change the AA Licensing and Certificates Manual in ways that affect the ambit of the exemptions without CASA’s prior written approval. Airservices is also directed to conduct an initial assessment process for the AV Show endorsements as if each endorsement is an initial issue of a newly created endorsement, in accordance with sections 5.4.3.1 and 5.4.3.2 of the AA Licensing and Certificates Manual. The types of assessors who can carry out the assessments are specified. For a seed assessor, the assessor must be someone who has been involved in the training or development of the relevant AV Show endorsement, or who holds the associated rating and is an appropriate subject matter expert. For an ATC licence holder who is not a seed assessor, the assessor must have demonstrated competence as a workplace assessor under section 3.1.14 of the Manual of Standards and must hold an AV Show endorsement that corresponds to the function being assessed. CASA is affected as the regulator that must give prior written approval for changes to the simulator assessment process or the Manual, and that made the instrument in the first place. ATC licence holders who are seed assessors may need to be assessed by a person who has been involved in training or development, which could be a limited pool of people.

The instrument creates a conditional right for ATC licence holders to be exempt from the currency requirement in subregulation 65.045(1) of CASR in relation to an AV Show endorsement. The right arises only if within the previous six months the licence holder’s performance of the AV Show endorsement function, as carried out on the ML simulator for at least two hours (or such longer time as may be required for the completion of at least two simulator exercises), has been assessed as satisfactory. The exemption is limited to the extent that the currency requirement would otherwise need to be satisfied by the manner specified in paragraph 65.030(1)(b). That is, the licence holder is not required to perform the function live to maintain currency; a simulator assessment suffices. The instrument imposes a duty on the assessor conducting the assessment: if the assessor considers that due to limitations with the ML simulator a two-hour assessment is not sufficient for an individual ATC licence holder to meet all performance assessment requirements for an AV Show endorsement, the assessor must conduct any outstanding assessments for that licence holder in a live environment. This is a fallback to ensure that simulator limitations do not compromise the assessment outcome. Airservices Australia has several duties under section 6. It must maintain simulator alignment with the live operational environment at all times when the simulator is being used. It must not change the assessment process without CASA’s prior written approval. It must not change the AA Licensing and Certificates Manual in ways affecting the exemption without CASA’s prior written approval. It must conduct an initial assessment process as if each AV Show endorsement is a newly created endorsement. It must ensure that assessments are carried out by the specified types of assessors. The instrument does not confer on ATC licence holders any right to demand a simulator-based assessment; it merely exempts them from the currency requirement if they have obtained such an assessment. The right to rely on the exemption is contingent on the licence holder having been assessed by a compliant assessor and within the six-month window. The instrument also does not create any private right of action for breach of the directions; enforcement would be by CASA through its regulatory powers.

The instrument itself does not create any new penalties. The exemption it provides is from a penalty-bearing provision of CASR. Subregulation 65.045(1) of CASR is a civil penalty provision or an offence provision under the CASR framework. By exempting a licence holder from that subregulation, the instrument removes potential liability for non-compliance with the currency requirement, provided the conditions of the exemption are met. If an ATC licence holder purports to rely on the exemption but does not satisfy the conditions (for example, if the six-month period has expired or the assessment was not carried out by a qualified assessor), then the licence holder would not be exempt and would be exposed to the underlying penalties for failing to comply with the currency requirement. Those penalties are found in the CASR and the Civil Aviation Act 1988, not in this instrument. The directions in section 6 are binding on Airservices Australia. If Airservices fails to comply with a direction, CASA could take enforcement action under its general regulatory powers, including suspension or cancellation of approvals, issuing infringement notices, or seeking civil penalties under the Act. The instrument does not specify a penalty for non-compliance with the directions, but it is likely that a breach of a direction given under a legislative instrument made under regulations 11.160 and 11.245 of CASR could be enforced as a breach of a condition of an approval or as a contravention of a civil penalty provision. The instrument also requires CASA’s prior written approval for any change to the simulator assessment process or the Manual that affects the exemption. Making a change without that approval would be a breach of the directions. The note to section 2 states that the directions cease to be in force at the end of 29 February 2028. After that date, the directions no longer apply, but the exemption also ceases because the instrument is repealed. There is no provision for transitional enforcement after repeal.

This instrument sits within the broader regulatory framework of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. It is made under regulations 11.160 and 11.245 of CASR, which are general regulation-making powers that allow CASA to make instruments that grant exemptions or impose directions. The instrument expressly references subregulation 65.045(1), subparagraph 65.035(1)(c)(i), and paragraph 65.030(1)(b) of CASR. Those provisions deal with ATC licence currency requirements. The exemption carves out an alternative means of satisfying the currency requirement for specific endorsements, but it does not affect the other requirements for holding an ATC licence, such as the initial grant conditions, medical standards, or proficiency checks that may be required under other parts of CASR. The instrument also interacts with the Manual of Standards, which is a legislative instrument made under regulation 65.010. The Manual of Standards defines workplace assessor competence under section 3.1.14, and the instrument requires that certain assessments be carried out by a person who has demonstrated competence as a workplace assessor under that provision. The AA Licensing and Certificates Manual, although not a legislative instrument, is incorporated by reference as existing from time to time. Changes to that manual that affect the ambit of the exemptions require CASA’s prior written approval. The instrument does not affect any other laws, such as the Airspace Regulations 2007 or the Air Navigation (Aircraft Noise) Regulations, because it is confined to ATC licensing currency. It also does not interact with state or territory laws because aviation safety is a Commonwealth responsibility. The instrument is a temporary measure, limited to 29 February 2028. After that date, the default currency requirements under CASR will apply in full, and any ATC licence holder performing AV Show functions will need to comply with the ordinary currency provisions or obtain a new exemption instrument.

This instrument, CASA EX22/25, is a new instrument made on 4 March 2025. It has not been amended since its making. The instrument states that it is made under regulations 11.160 and 11.245 of CASR and is signed by Adrian Slootjes as a delegate of CASA. The instrument contains no amendment history clause or list of previous versions. It is a standalone instrument that replaces any prior exemptions or directions that may have applied to the same activity, but the text does not refer to any predecessor instrument. It is likely that similar instruments have been made for previous Airshows (biennial events) but this instrument is the current one and no amendment history is provided. The instrument has a sunset clause: it is repealed at the end of 29 February 2028. That means it will automatically cease to have effect on that date, and no further amending instrument is needed to repeal it. If CASA wishes to extend the exemption beyond that date, a new instrument would need to be made. The instrument does not provide for transitional amendments. The directions cease to be in force at the same time. The note to section 2 clarifies that the directions cease at the end of 29 February 2028, consistent with the repeal of the instrument. There is no provision for earlier amendment or revocation, but CASA could use its general regulation-making power to vary or revoke the instrument at any time before its sunset date. As of the time of writing, no such amendments have been made.

There is no litigation history associated with this instrument because it is a new legislative instrument that commenced on 4 March 2025. No court or tribunal decisions have been reported concerning CASA EX22/25. The instrument is narrow in scope, applying only to AV Show endorsements at Avalon Airport for the Airshow, and its duration is limited to 2028. The exemption and directions are administrative in nature and unlikely to generate litigation unless a licence holder or Airservices Australia challenges CASA’s interpretation of the conditions or a direction. Potential grounds for judicial review could include whether the delegate had the power to make the instrument, whether the conditions for the exemption are reasonable, or whether CASA’s prior written approval for changes should be given. However, no such challenges have been reported. The instrument is made by a delegate of CASA, and the underlying enabling provisions in regulations 11.160 and 11.245 have been used many times before. The instrument does not appear to have been the subject of any tribunal or court proceedings. If litigation were to arise, it would likely be in the Federal Court or the Administrative Appeals Tribunal under the Administrative Decisions (Judicial Review) Act 1977 or the Civil Aviation Act. Because the instrument is temporary and applies to a limited group of ATC licence holders during a specific event, the practical likelihood of litigation is low. The instrument itself contains no internal review or merits review mechanism, but a person affected could seek review of a decision of CASA related to the instrument, such as a refusal to grant prior written approval for a change to the simulator assessment process. As of the time of writing, there is no known litigation.

Several aspects of the instrument could trip up those relying on it. First, the six-month window for the simulator assessment is crucial. If the licence holder’s last satisfactory simulator assessment was more than six months before the date they need to rely on the exemption, they are not exempt and must either get a fresh assessment or comply with the live currency requirement. This six-month clock runs from the assessment, not from the start of the Airshow. Second, the assessment must be on the ML simulator specifically. The instrument defines the ML simulator as the Eurocat simulator operated by Airservices Australia at the Melbourne Air Traffic Services Centre. Any other simulator, even if similar, will not satisfy the condition. Third, the assessment must be for at least two hours or longer if needed to complete at least two simulator exercises. This is not a fixed two-hour minimum; if the assessor determines that more time is needed to complete two exercises, the assessment must continue. Fourth, the assistant assessor qualifications are strict. For a seed assessor, the assessor must be a person involved in training or development of the endorsement or a subject matter expert with the associated rating. For a non-seed assessor, the assessor must have demonstrated workplace assessor competence under section 3.1.14 of the Manual of Standards and must hold the corresponding AV Show endorsement. If no such assessor is available, the exemption may be practically unavailable. Fifth, the instrument only covers three specific AV Show endorsements. Other endorsements or ratings on the ATC licence are not exempt. Sixth, the requirement that Airservices must keep the simulator aligned with the live operational environment is a direction, not a guarantee. If the simulator becomes misaligned, the assessment may not be valid, and the exemption may not be available. Seventh, the initial assessment process must be conducted as if each AV Show endorsement is an initial issue of a newly created endorsement. That means the first round of assessments for a given endorsement under this instrument must meet the standards for an initial grant, not a recurrent check. Finally, the instrument expires on 29 February 2028. Any Airshow after that date will require a new instrument. Users should also be aware that the AA Licensing and Certificates Manual is defined as existing from time to time, so changes to that manual without CASA approval that affect the exemption are prohibited, but unauthorised changes may still occur and could invalidate the exemption if they alter the scope of the endorsements or currency requirements.

For an ATC licence holder seeking to rely on the exemption, the steps are straightforward but require careful timing. First, the licence holder must have a current ATC licence and must be performing or training to perform air traffic control functions at Avalon Airport under an AV Show endorsement for the Airshow. Second, the licence holder must arrange to be assessed on the ML simulator at the Melbourne Air Traffic Services Centre. The assessment must be conducted by the correct type of assessor: for a seed assessor, an assessor involved in training or development or a subject matter expert with the associated rating; for others, a workplace assessor under the Manual of Standards who holds the corresponding AV Show endorsement. The assessment must cover the specific endorsement function being sought (aerodrome control, surface movement control, or coordinator). The assessment must be at least two hours, or longer if two simulator exercises require more time. The assessor must find the performance satisfactory. Third, the licence holder must ensure that the assessment date is within six months of the date they will perform the function and need to rely on the exemption. Fourth, if the assessor determines that the simulator has limitations preventing a full assessment, the licence holder must complete the outstanding assessments in a live environment. That live assessment will then satisfy the currency requirement for those parts, but the simulator-based part remains exempt. For Airservices Australia, compliance means following all directions in section 6. Airservices must keep the ML simulator, software, data set, and exercises aligned with the live operational environment at Avalon Airport at all times when the simulator is used under the instrument. Airservices must not change the simulator assessment process for an AV Show endorsement without CASA’s prior written approval. Airservices must not change the AA Licensing and Certificates Manual in ways that affect the ambit of the exemptions without CASA’s prior written approval. Airservices must also conduct the initial assessment process for the AV Show endorsements as if each is a new endorsement, following sections 5.4.3.1 and 5.4.3.2 of the AA Licensing and Certificates Manual. Airservices must identify and certify the qualified assessors and ensure that only they conduct assessments. Airservices must also document the alignment of the simulator and any limitations, and if the assessor identifies limitations, ensure that any outstanding assessments are conducted in a live environment. Finally, CASA must be willing to give prior written approval for any changes, and Airservices must seek that approval in advance.