CASA EX49/25 – Community Flights Ltd – Charitable Fundraising – Exemption and Directions Instrument 2025

The instrument structures a particular hybrid operating model for charitable fundraising flights under CFL. The main legal and operational concepts it introduces are:

• Exemption scope and conditionality. Section 6 provides the substantive exemption from Part 119, but the exemption is conditional on strict compliance with the instrument’s conditions (s 7) and directions (s 8). The beneficiaries of the exemption are limited to identified pilots in command who are notified to CASA and not subsequently withdrawn (s 5; definition of pilot in command at s 4; definition of notification at s 4).

• Notifications and CEO certification. The instrument makes CFL’s CEO, or a person acting on behalf of the CEO, the principal certifier for participation. The notification must be an up‑to‑date written and dated email to CASA’s Flight Standards Branch, signed by or on behalf of the CEO, and must include the pilot declaration that the pilot has a copy of the instrument on board and undertakes to comply (definition of notification at s 4). CFL is thus allocated primary administrative responsibility for participant identification and a certification function.

• Narrow operational envelope. The conditions limit aircraft to small type certificated aeroplanes or helicopters (not more than five passenger seats; MTOW ≤ 2 700 kg; type certificated normal/commuter/transport) and restrict flights to same certified aerodrome departure/arrival, within 50 nautical miles, VFR by day, and excluding aerobatics, formation flying and low flying (s 7(1)(a)-(c), (i)-(l)). These constraints are precise operational boundaries designed to reduce operational complexity and risk.

• Pilot competency and recency minima. The instrument requires air transport pilot licence or commercial pilot licence, minimum PIC experience of 150 hours, minimum type recency (one take‑off and landing in same type/category within 30 days), and other flight time minima including a 10‑hour on‑type requirement and 25 hours PIC multi‑engine if applicable (s 7(1)(d)-(f)). These are objective thresholds for participation.

• Financial constraint: direct costs only. A central substantive constraint is that pilots/operators may receive nothing more than direct costs for relevant flights, with the entire remainder of passenger payments placed in CFL’s bank account for charitable purposes (definition of relevant flight; s 8(6)). The instrument defines direct costs by reference to the CASR Dictionary and includes a note that CASA expects direct costs to be the minimum reasonable reimbursement consistent with safety and the project’s charitable purposes (definition of direct costs at s 4).

• Passenger informed consent mechanism. The instrument prescribes a standalone Passenger Advice Statement to be provided at least 24 hours before flight, and signed acknowledgements to be collected and retained by both the pilot and CFL representative at the aerodrome (s 7(1)(m)-(o) and s 7(2)). The statement explicitly tells passengers that the flight is conducted under an exemption and is not subject to the same oversight and standards that would apply to a commercial passenger operation.

• Reporting, auditing and record preservation. CFL must provide audited event accounts within six weeks (s 8(13)), and both CFL and pilots must preserve specified records until at least 30 November 2026 (s 8(14)-(15) and s 3). The instrument requires CFL to publish plain English material about the project and maintain ongoing contact with pilots (s 8(8)-(10)).

• Insurance obligation. CFL must not notify a pilot to CASA unless CFL has established that the pilot’s operation is covered by a policy of insurance appropriate for private operations carrying passengers (s 8(12)), and pilots themselves are directed to ensure that their operations are covered by an appropriate insurance policy for each flight (s 8(16)).

• Temporal limits. The exemption and most directions run until 30 June 2026 (s 2). Record preservation obligations survive to 30 November 2026 and the instrument contains provisions preserving the meaning of that recordkeeping text after 30 June 2026 (s 3).

These concepts set out an administratively supervised, time‑limited carve‑out of AOC obligations in return for bounded operational, financial and governance constraints designed by CASA to manage safety and accountability tradeoffs for fundraising flights.

The instrument creates a narrowly defined regulatory population and secondary affected interests:

Primary parties identified in the instrument

• Community Flights Ltd (CFL). The instrument is addressed to CFL and imposes multiple directions and duties on it, including limits on the number and duration of events (s 8(1)-(2)), notification duties (s 8(3)-(4)), obligations to withdraw and report non‑compliant pilots (s 8(5)(c)), to ensure insurance prior to notification (s 8(12)), to devise passenger document handling procedures (s 8(7)), to prepare and provide procedures to pilots (s 8(8)), to publish project material (s 8(9)), to keep contact with pilots (s 8(10)), to provide audited accounts (s 8(13)), and to preserve records until 30 November 2026 (s 8(14)).

• Participating pilots in command. The exemption enabling those pilots to operate without an AOC applies only to pilots named in an up‑to‑date notification (s 5 and definition of pilot in command at s 4). Each pilot must meet qualification and recency conditions (s 7(1)(d)-(f)), must have a copy of the instrument on board (s 7(1)(h)), must collect signed passenger acknowledgements and leave them with a responsible person at the departure aerodrome (s 7(1)(n)-(o), s 7(2)), must operate only in specified aircraft and airspace constraints (s 7(1)(a)-(c), (i)-(l)), and is directed to maintain suitable insurance and preserve records until 30 November 2026 (s 8(16) and s 8(15)).

• Relevant passengers. Individuals who pay CFL for fundraising flights are required to receive the passenger advice statement at least 24 hours before the flight, sign an acknowledgement, and if under 18 have that acknowledgement signed by a parent or guardian (s 7(1)(m)-(n)). Passengers gain specific information about the exemption and the differences in oversight relative to commercial passenger operations.

Secondary and related actors

• Certified aerodromes. Flights must depart from and land at the same certified aerodrome (s 7(1)(i)), and CFL must leave passenger statements with a responsible person at the departure aerodrome (s 7(1)(o)-(2)). Aerodrome operators and their staff will be involved in receipt and safe custody of passenger statements and may be a locus for responsibility in practice.

• Insurers and underwriters. The instrument requires CFL to establish that participating pilots’ operations are covered by insurance appropriate for private passenger operations before notifying CASA (s 8(12)), and pilots must ensure insurance for each relevant flight (s 8(16)). Insurers will therefore be asked to produce cover evidence that meets CFL’s criteria.

• CASA Flight Standards Branch. CASA FSB is the recipient of notifications and audited accounts and is the enforcement and oversight contact point (see definition of notification at s 4 and s 8(13)). CASA’s administrative branches will make operational decisions about granting the benefit of the exemption to particular pilots via the notification process.

• Other AOC holders and commercial operators. Although not directly regulated by the instrument, the arrangement affects competitive dynamics by creating tightly circumscribed fundraising flights in which pilots are not acting as AOC operators but are operating under CASA’s exemption. The instrument restricts pilots to direct costs only (definition of relevant flight and s 8(6)), which shapes the commercial viability of participation for operators otherwise engaged in commercial passenger transport.

• Regulators outside CASA. The instrument does not purport to change state or Commonwealth fundraising, charities, consumer protection or insurance laws. Those regimes continue to apply to CFL and to any fundraising activity. CFL remains the recipient of the charitable proceeds and is directed to place passenger payments into its bank account for charitable purposes (definition of relevant flight; s 8(6)(b)).

In short, the instrument predominantly affects CFL and a small set of identified pilots operating small, type‑certificated aircraft in a tightly constrained fundraising context, plus the passengers, aerodrome operators and insurance markets that enable those flights.

The instrument allocates a series of duties to CFL and duties to participating pilots, while granting a narrowly framed regulatory right,the exemption from Part 119,to those pilots subject to the instrument’s conditions.

Principal right

• Exemption from Part 119. Section 6 provides the substantive right: each pilot in command, in their capacity as an operator, is exempted from compliance with Part 119 of CASR. The accompanying note clarifies the practical effect, that carrying paying passengers under the exemption does not require an Air Operator’s Certificate but remains subject to conditions in the instrument and other applicable CASR requirements such as Parts 91 and 61.

Duties on CFL

• Event limits. CFL may not arrange more than four relevant events before 30 June 2026, and each event must not exceed three consecutive days (s 8(1)-(2)).
• Notifications. CFL must ensure every participant pilot and any pilot withdrawal is notified to CASA in a notification as defined at s 4, and the initial notification must be sent at least seven days before the event (s 8(3)-(4)). Notifications must be emailed to CASA’s Flight Standards Branch using fsb.corro@CASA.gov.au and must be signed by the CEO or their delegate (definition of notification at s 4).
• Pilot compliance management. CFL must ensure pilots comply with the instrument’s requirements at notification time and throughout the event. If CFL learns of non‑compliance, it must withdraw the pilot immediately and provide CASA with written information outlining the non‑compliance within three working days (s 8(5)).
• Financial handling. CFL must ensure only direct costs are paid to pilots from relevant donations and that the remainder of passenger payments are placed in CFL’s bank account for charitable purposes (s 8(6)).
• Procedures, publicity and liaison. CFL must devise fail‑safe procedures for collecting passenger statements (s 8(7)), prepare procedures for pilots to comply (s 8(8)), publish plain English material about the project for potential passengers (s 8(9)), and keep regular contact with pilots during events (s 8(10)).
• Incident reporting and audited accounts. CFL must immediately notify CASA of any incident or accident during a relevant flight (s 8(11)) and provide audited, spreadsheeted event accounts to CASA within six weeks of the event (s 8(13)). The audit must include passenger numbers, flight counts, pilot flight counts by day, aircraft types and direct cost reimbursements for each flight (s 8(13)(a)-(c)).

Duties on participating pilots

• Qualifications and recency. Pilots must hold an air transport or commercial pilot licence; must have completed at least one take‑off and landing in the same type and category within the 30 days before the flight; must have at least 150 hours PIC (plus 25 hours PIC multi‑engine if applicable) and 10 hours on type (s 7(1)(d)-(f)).
• Aircraft and operational limits. Pilots must operate only eligible relevant aircraft and within the specified operational envelope: same certified aerodrome departure/arrival, within 50 nm radius, VFR by day, and excluding aerobatic manoeuvres, formation flying and low flying (s 7(1)(a)-(c) and (i)-(l)).
• On‑board instrument, passenger briefings, and documents. Pilots must have a copy of the instrument on board (s 7(1)(h)), provide passengers with the Passenger Advice Statement at least 24 hours before flight and collect signed acknowledgements prior to flight (s 7(1)(m)-(n)), and then leave those signed acknowledgements with a responsible person at the departure aerodrome (s 7(1)(o)-(2)). Pilots must also furnish CFL with flight records and the passenger acknowledgements within seven days of event completion (s 8(15)(b)).
• Insurance and records. Pilots must ensure that their operation is covered by appropriate insurance for private operations carrying passengers for each relevant flight (s 8(16)). Pilots are directed to preserve specified records until 30 November 2026 and to provide copies to CFL within seven days after a relevant event (s 8(15)).

Other practical constraints and implied duties

• CEO signatory role. The notification procedure assigns to the CEO the duty to sign notifications and to receive pilot declarations confirming pilots have the instrument on board and will comply (definition of notification at s 4). That assigns CFL primary responsibility for pre‑flight certification and for policing compliance.
• Limited remuneration. The requirement that only direct costs be paid to pilots and that the remainder be retained by CFL imposes a duty on CFL to calculate, pay and account for direct costs in an auditable way (s 8(6) and s 8(13)(c)(iv)).

Taken together, the instrument grants the specific privilege of operating without an AOC while imposing substantial administrative, operational, safety, insurance and accounting duties on CFL and participating pilots in return. The right to operate without Part 119 is not unconditional; it is tightly bound to procedural and substantive compliance.

The instrument itself does not create criminal penalties or civil offences in statutory form. Instead, enforcement is implemented through a conditional exemption and a suite of directions that create negative consequences in practice for non‑compliance.

Mechanisms available under the instrument

• Conditionality of the exemption. The exemption in s 6 is expressly subject to the conditions set out in s 7. Failure to meet those conditions means the instrument’s terms are not being complied with and, in consequence, the pilot is no longer operating under the exemption for that flight. The instrument does not itself state a specific penalty for operating outside its terms, but operating without a valid exemption would expose a pilot to the full application of CASR (including Part 119 obligations) and any regulatory consequences for non‑compliance with those parts.

• CASA oversight via Flight Standards Branch. CASA’s Flight Standards Branch is the recipient of notifications and audited accounts (definition of notification at s 4 and s 8(13)). The instrument creates an administrative reporting and transparency regime to enable CASA to monitor the relevant events, pilots and financial flows. CASA’s knowledge through these reports gives it the information required to pursue regulatory intervention under the CASR framework if breaches are detected.

• Immediate incident reporting. CFL must immediately notify CASA of any incident or accident that occurs during a relevant flight (s 8(11)). This provides CASA with a mechanism to respond operationally and investigatively as necessary.

• Withdrawal and mandatory reporting of non‑compliance by CFL. If CFL learns of a pilot’s non‑compliance with the instrument’s requirements, CFL must withdraw that pilot from participation and provide CASA with written information outlining the non‑compliance within three working days (s 8(5)(c)). That empowers CFL as the first line of compliance enforcement and creates an obligation on CFL to escalate issues to CASA.

• Audited accounts and record preservation for oversight. CFL must provide audited, spreadsheeted accounts within six weeks of a relevant event (s 8(13)), and both CFL and pilots must retain specified records until at least 30 November 2026 (s 8(14)-(15) and s 3). These requirements create documentary evidence that CASA can use for compliance assessment.

Practical enforcement consequences outside the instrument text

• Loss of exemption and regulatory consequences. Although the instrument does not specify fines or criminal penalties, the practical sanction for non‑compliance is the removal of the exemption in the sense that an operator who fails to satisfy the instrument’s conditions will not be operating in conformity with the exemption and therefore may be in breach of CASR Part 119 requirements. CASA retains its usual statutory enforcement powers under CASR and other Commonwealth administrative law, which can include notices, directions, suspension or cancellation of licences, administrative penalties where applicable, and referral for civil or criminal prosecution in cases of statutory breaches. The instrument itself does not detail those external powers.

• Assurance and insurance compliance. Directions requiring CFL to establish the existence of appropriate insurance prior to notifying a pilot to CASA (s 8(12)), and pilots to hold suitable insurance for each flight (s 8(16)), facilitate a practical mitigation of liability exposure and are an indirect enforcement tool. If required insurance is absent, CFL must not notify the pilot to CASA, which effectively prevents that pilot from becoming an eligible pilot for the exemption.

Operational enforcement and discretion

• Delegated administration and discretionary judgement. The CEO’s role in signing notifications and accepting pilot declarations (definition of notification at s 4) places discretionary, operational enforcement in the hands of CFL management. CFL’s judgements about pilot compliance are then subject to CASA oversight via the mandatory reporting and audited accounts. This creates a two‑tier enforcement architecture where CFL acts as the first line of control and CASA supervises with the ability to act using broader CASR powers when necessary.

In short, the instrument enforces compliance primarily through conditional entitlement to an exemption, mandatory reporting and recordkeeping, immediate incident notification, and CFL’s own duties to police participants. The instrument leaves CASA’s general CASR enforcement tools available for non‑compliance, but those tools are not restated or expanded in the instrument itself.

CASA EX49/25 is expressly an instrument made under regulations 11.160, 11.205 and 11.245 of CASR and interacts primarily with CASR. The text anchors several interactions and cross‑references to other CASR provisions and the CASR Dictionary, and otherwise operates within the existing legal landscape.

Direct interactions with CASR

• Exemption from Part 119 only. The instrument provides an exemption specifically from Part 119 (s 6). It does not purport to exempt pilots or CFL from other CASR obligations. Indeed, the instrument’s note explicitly states that pilots must comply with other applicable CASR requirements, for example, Part 91 and Part 61. Therefore the exemption operates as a partial carve‑out limited to regulatory obligations that arise under Part 119.

• Definitions reference the CASR Dictionary. Key terms used in the instrument, such as aerobatic manoeuvres, certified aerodrome, direct costs, flying in formation, low flying and type certificated, are given the meanings in the CASR Dictionary (s 4). The instrument therefore integrates doctrine and definitions from CASR and relies on those external definitions to determine operational boundaries.

• Low flying and other flight rule interactions. The instrument defines "low flying" by reference to minimum heights prescribed in specific regulations,paragraphs 91.265(2)(a), 91.265(3)(a) and 91.267(2)(a) of CASR,and lists exceptions aligned with CASR provisions for take‑off and landing, missed approaches, rotorcraft operations and access lanes (definition of low flying at s 4). The instrument therefore imports CASR’s substantive flight rules to limit prohibited conduct.

Interfaces with other regulatory regimes

• Charities and fundraising law. The instrument directs CFL to place the remainder of passenger payments into a CFL bank account for CFL’s charitable purposes (definition of relevant flight). The instrument does not itself address or alter state or Commonwealth fundraising, charities regulation or consumer protection requirements. CFL will remain subject to those other legal regimes in the ordinary way; the instrument does not create exemptions from those laws. This instrument’s duties on how passenger funds are handled are administrative directions pertinent to CASA’s safety oversight role; they do not displace financial or charity regulator responsibilities.

• Insurance law. The instrument mandates that pilots have insurance appropriate for private passenger operations and that CFL must confirm such insurance before notification (s 8(12) and s 8(16)). That interacts with general insurance contract law and with any statutory or prudential requirements that apply to insurers. The instrument does not specify minimum policy terms, levels of cover, or claims handling processes; it leaves the sufficiency assessment to CFL and to the insurers.

• Aviation regulatory ecosystem. By creating a narrow exemption from Part 119, the instrument produces a complementary operational regime for charitable flights that sits alongside the conventional AOC model. It does not modify the AOC regulatory architecture. Operators that do not fall within the instrument’s scope remain subject to standard AOC and CASR requirements.

Administrative law and delegation

• CEO certification and CASA oversight. The instrument places a certification role on CFL’s CEO (definition of notification at s 4). That devises an administrative relationship between CASA and the charity in which CFL undertakes primary compliance assessment. CASA’s ability to supervise such delegation is inherent in CASA’s powers under CASR and administrative law, but the instrument does not alter general administrative law remedies or judicial review possibilities.

Temporal and preservation interactions

• Limited duration. The instrument’s temporal limits may interact with contractual obligations CFL enters into with third parties and with insurance policies that are time‑limited. The record preservation obligations that extend until 30 November 2026 (s 3 and s 8(14)-(15)) will be a factor in CFL’s records management policies and will interact with privacy and data retention obligations under other laws.

In summary, the instrument operates as a CASR‑based, narrow exemption grounded in CASR definitions and flight rules, while leaving intact the broader corpus of aviation, charity, insurance and administrative law. It creates duties that require CFL and pilots to manage interactions with other legal regimes, particularly financial stewardship, insurance contracts and ordinary CASR compliance outside Part 119.

The instrument itself contains the full text of its operative changes and temporal limits. There is no express amendment history within the text beyond the specifications of commencement and repeal.

Key temporal provisions in the instrument

• Commencement and repeal. Section 2 provides that the instrument commences the day after it is registered and is repealed at the end of 30 June 2026, subject to section 3. That sets a finite operational window for the exemption and directions.

• Recordkeeping extension and partial repeal. Section 3 modifies the duration of certain recordkeeping provisions. Subsection 3(1) states that section 3 and subsections 8(14) and (15) are repealed at the end of 30 November 2026. Subsection 3(2) provides that for the operation of section 3, after 30 June 2026 expressions and provisions mentioned in subsections 8(14) and (15) are deemed to have the meaning they had on the commencement of this instrument. Practically, this preserves the meaning and operation of the recordkeeping obligations beyond the main expiry date to ensure records remain interpretable and legally accessible until 30 November 2026.

• No other amendments recorded. The instrument does not list prior versions, amendments, variations or prior instruments amended by it. It is presented as a standalone instrument made on 5 June 2025 and signed by the Director of Aviation Safety (Pip Spence).

Practical implications for future amendment or extension

• Time‑limited nature. The instrument’s built‑in expiry means any continuation of the exemption beyond 30 June 2026 would require either a new instrument or an amendment to this instrument prior to its repeal. The limited preservation of recordkeeping provisions to 30 November 2026 anticipates a post‑event audit and review period.

• Repeal mechanics. The instrument’s internal repeal dates create a two‑stage wind‑down: the operational exemption and directions end 30 June 2026 and the recordkeeping obligations end 30 November 2026. Any subsequent administrative action, enforcement, or review relying on the preserved records must therefore occur within a timeframe consistent with those dates or rely on the preserved records while they remain in custody.

Because the instrument is self‑contained and time limited, there are no historical amendments recorded within its text. Any future changes to the exemption framework for CFL would have to be enacted by further instrument under the same CASR regulatory provisions cited as the legislative basis for this instrument.

The instrument itself does not record any litigation history, and its text contains no judicial determinations or references to court challenges. There are therefore no reported cases, appeals, or judicial reviews referenced in the instrument.

Possible litigation or review pathways consistent with the instrument’s mechanics

• Administrative law remedies. As a statutory instrument made under the Civil Aviation Safety Regulations 1998, decisions taken under or in relation to the instrument may be susceptible to administrative law review by the Federal Court or other appropriate courts or tribunals, subject to statutory privative clauses or access conditions in the enabling statute and CASR. For example, if CASA were to refuse to accept a notification or to take enforcement action in relation to compliance, affected parties could seek judicial review of that administrative decision. The instrument itself does not alter general rights of review and does not contain privative language expressly barring judicial review.

• Contractual and tort risk. Operational incidents or failures to comply with insurance or passenger information obligations could give rise to civil claims. The instrument requires passenger information and signed acknowledgements, and it requires insurance appropriate to private passenger operations. Those procedural measures may be relevant to defences or liability allocations in civil litigation, but the instrument does not itself adjudicate liability or set compensatory regimes.

• Enforcement action under CASR. Non‑compliance with CASR following loss of the exemption, or failure to meet its conditions, could expose pilots or CFL to regulatory enforcement under CASR. Enforcement action may give rise to appealable decisions under the relevant statutory framework. The instrument does not detail or constrain CASA’s enforcement options outside of providing monitoring mechanisms.

Absence of litigation history in the instrument means practitioners must treat litigation risk as contingent and fact specific. The instrument’s reporting, auditing and recordkeeping provisions are designed to create a documentary trail that would be relevant both for regulatory scrutiny and any subsequent litigation, but the instrument does not itself document any past disputes or court outcomes.

This instrument contains several technical traps for non‑lawyers and for organisations used to conventional charter or AOC operations. Below are concrete operational and legal "gotchas" drawn from the text.

Narrow beneficiary class

• Exemption applies only to pilots named in a notification. The exemption in s 6 benefits only pilots who are named in an up‑to‑date notification to CASA and who have not been notified as withdrawn (s 5 and definition of pilot in command at s 4). That means ad hoc last‑minute substitutions or unnotified participants will not have the exemption in place.

CEO‑signed notification and pilot declaration required

• Notifications must be emailed to CASA’s Flight Standards Branch and signed by or on behalf of the CEO, and must include the pilot declaration that the pilot has a copy of the instrument on board and solemnly undertakes to comply (definition of notification at s 4). Failure to obtain or preserve those pilot declarations means the pilot may not be eligible under the exemption.

Strict pilot recency and hours

• The instrument requires one take‑off and landing in the same type/category within the 30 days immediately before the flight (s 7(1)(e)) and a minimum of 150 hours PIC plus 10 hours on type and 25 hours PIC multi‑engine where applicable (s 7(1)(f)). These are not optional; non‑compliance undermines the instrument’s conditions.

Passenger information and timeliness

• The Passenger Advice Statement must be provided at least 24 hours before flight and must be collected and signed prior to departure (s 7(1)(m)-(n)). If a passenger has not received the statement 24 hours before, the flight cannot comply with the instrument’s conditions, which may invalidate the exemption for that flight.

Document custody at aerodrome

• The pilot must leave each signed passenger acknowledgement with a responsible person at the certified departure aerodrome (s 7(1)(o)-(2)). The instrument defines a responsible person as a CFL representative or another person who will ensure CFL receives the statements. If aerodrome staff are unwilling to act as the responsible person, CFL must ensure alternative arrangements; failure to do so could breach the instrument.

Financial structure and limits on remuneration

• Payments to pilots are limited to direct costs only (definition of relevant flight and s 8(6)). The instrument refers to the CASR Dictionary definition of direct costs and contains a Note that CASA expects direct costs to be the minimum reasonable reimbursement. Pilots and operators cannot lawfully structure remuneration that includes mark‑ups, profit, or incidental benefits derived from the flights without risking non‑compliance with the instrument.

Two overlapping numeric event limits

• CFL is limited to arranging no more than four relevant events before 30 June 2026 (s 8(1)). Individual pilots are limited to participating in not more than four relevant events before the end of 30 June 2026 (s 7(1)(g)). These separate caps require careful scheduling if CFL wishes to reuse the same pilots across events.

Geographic and operational reach are tightly constrained

• Flights must be wholly within a 50 nautical mile radius of the departure aerodrome and must take off and land at the same certified aerodrome (s 7(1)(i)-(j)). This precludes cross‑country flights and limits fundraising flight options. Flights must be VFR by day (s 7(1)(k)). Adverse weather that requires IFR or night flying will make the flight non‑compliant.

Insurance confirmation before notification

• CFL must not notify a pilot to CASA unless it has established as a fact that the pilot’s operation is covered by an appropriate policy (s 8(12)). That puts the onus on CFL to check insurance before initiating CASA notification. Failure to secure written confirmation could prevent notification and therefore preclude the operation.

Recordkeeping deadlines and format

• CFL must provide audited accounts to CASA in spreadsheet format, by email, within six weeks of event completion (s 8(13)). The instrument mandates email use to specific addresses; use of another channel or failure to meet the six‑week deadline could be treated as non‑compliance. CFL and pilots must keep records until 30 November 2026 (s 8(14)-(15)). Records required include pilot declarations, passenger acknowledgements, material from s 8(7)-(9), and pilot flight records. Failure to preserve these records compromises the ability to demonstrate compliance.

Passenger acknowledgement for minors

• If a passenger is under 18, the instrument requires signature by a parent or legal guardian (part of the Passenger Advice Statement at s 7(1)(m)). The instrument expressly sets that requirement, and flights cannot ignore it.

Administrative burden on CFL

• CFL must prepare procedures, publish project descriptions, maintain ongoing contact with pilots, keep a fail‑safe procedure for collecting passenger acknowledgements, audit accounts, and handle insurance verifications (s 8(7)-(13)). These are material operational tasks that consume staff time and may incur professional fees.

In short, the instrument requires tight administrative control and pre‑flight verification, strict adherence to competency and operational limits, disciplined financial accounting, and careful records management. Failure in any one of these areas may mean a pilot is not covered by the exemption and exposure to standard CASR obligations.

A practical compliance plan breaks into CFL’s responsibilities and pilots’ responsibilities. Below are concrete steps, cross‑referenced to the instrument, that CFL and participating pilots should adopt to remain within the instrument’s terms.

For Community Flights Ltd (CFL)

1. Governance and project planning

   • Track event caps and dates. Ensure CFL does not arrange more than four relevant events before 30 June 2026 and that each event lasts no more than three consecutive days (s 8(1)-(2)). Maintain a central calendar with assigned pilots and event staff.
   • CEO signatory process. Establish an internal procedure whereby the CEO or an authorised delegate signs every notification and retains a signed copy for records as required by the notification definition (s 4).

2. Insurance verification before notification

   • Before notifying a pilot to CASA, verify and document that the pilot’s operation is covered by an insurance policy appropriate for private passenger operations in the relevant aircraft type and category (s 8(12)). Obtain written confirmation from the insurer or a broker and retain that evidence.

3. Notifications and CASA liaison

   • Send initial notifications at least seven days before each event, by email to fsb.corro@CASA.gov.au, including the necessary pilot and aircraft details plus confirmation of pilot declarations (s 4 and s 8(4)). Use the email address specified and keep copies of sent emails and evidence of delivery.
   • Send updated notifications promptly when pilots join, withdraw or change aircraft, ensuring the notification is signed by the CEO or delegate (definition of notification at s 4 and s 8(3)).

4. Operational procedures and pilot support

   • Prepare and distribute to each participating pilot a set of procedures to assist compliance with the instrument, consistent with s 8(8). Include checklists for recency and hours, pre‑flight requirements, passenger statement handling, and emergency contact details.
   • Devise a fail‑safe procedure to obtain all signed passenger statements for each flight, as required by s 8(7). Test this procedure in advance and document responsibilities at the aerodrome.

5. Passenger information and booking process

   • Ensure the Passenger Advice Statement is provided to each relevant passenger at least 24 hours before the flight, electronically or in legible hard copy (s 7(1)(m)). For bookings within 24 hours, do not proceed unless the passenger has received and signed the statement and the instrument’s requirements can be met.
   • Ensure that parents or legal guardians sign for any passengers under 18 as the instrument requires.

6. Financial handling and audited accounts

   • Structure payments so that pilot reimbursements are limited strictly to direct costs. Maintain contemporaneous ledgers and receipts showing the calculation and payment of direct costs for each flight (definition of relevant flight; s 8(6)(a)-(b)).
   • Arrange for audited accounts and produce the required spreadsheet format within six weeks of each event containing totals, flight counts, passenger counts, per‑pilot flight tallies by day, aircraft details and direct cost reimbursements (s 8(13)). Engage an auditor ahead of events so the six‑week deadline can be met.

7. Records preservation

   • Retain all required documents (pilot declarations, passenger acknowledgements, procedural materials, and pilot‑provided flight records) in safe custody until at least 30 November 2026 (s 8(14)). Establish secure electronic and physical storage, and procedures for providing records to CASA on written demand.

8. Pilot supervision and withdrawal

   • Maintain regular contact with pilots during events to emphasise safety and compliance, and implement a clear process to withdraw any pilot who becomes non‑compliant and to notify CASA within three working days with written details of the non‑compliance (s 8(5)(b)-(c) and s 8(10)).

For participating pilots in command

1. Verify eligibility and documentation

   • Ensure you are nominated in a notification signed by the CFL CEO and that CFL has provided the notification to CASA in the required form and through the required email channel (definition of notification at s 4; s 8(3)-(4)).
   • Hold and carry on board a copy of this instrument during each relevant flight (s 7(1)(h)). Be prepared to present it on request.

2. Meet licence, experience and recency requirements

   • Confirm you hold an air transport pilot licence or commercial pilot licence (s 7(1)(d)).
   • Ensure at least one take‑off and landing in the same type and category within the 30 days immediately prior to each flight (s 7(1)(e)).
   • Meet the flight hours minima: 150 hours PIC, 10 hours on type, and 25 hours PIC multi‑engine if applicable (s 7(1)(f)). Maintain logbooks and copies that CFL can audit.

3. Insurance and aircraft suitability

   • Maintain insurance coverage appropriate for private passenger operations for the specific aircraft type and category for each relevant flight (s 8(16)). Provide proof of insurance to CFL in advance.
   • Operate only aircraft meeting the instrument’s aircraft constraints: not more than five passenger seats, MTOW not more than 2 700 kg, and type certificated in the specified categories (s 7(1)(a)-(c)).

4. Operational compliance

   • Conduct flights only between the same certified aerodrome for departure and arrival, within 50 nautical miles, VFR by day, and without aerobatics, formation flying or low flying except for specified exceptions (s 7(1)(i)-(l) and definition of low flying at s 4).
   • Collect signed Passenger Advice Statements at least 24 hours before flight and secure each passenger’s acknowledgement before take‑off. Leave signed statements with the responsible person at the departure aerodrome and provide copies to CFL within seven days of event completion (s 7(1)(m)-(o), s 8(15)(b)).

5. Financial dealings

   • Accept only direct cost reimbursements from CFL for relevant flights and ensure that any payments received comply with CFL’s audited accounts and the definition of direct costs (definition of relevant flight and s 8(6)). Keep receipts and supporting documents for all costs claimed.

6. Record maintenance and audit readiness

   • Keep records described in s 8(13)(c) and the passenger acknowledgements for each flight until 30 November 2026 and provide copies to CFL within seven days of event completion (s 8(15)). Be prepared to support CFL’s audited accounts.

Cross‑cutting practical steps

• Templates and checklists. Prepare template notifications, passenger advice statements, pilot declarations, insurance confirmation forms, and audit spreadsheets to ensure uniform compliance.
• Training and dry runs. Conduct briefings and dry run exercises for aerodrome handling of documents, passenger statement collection, and emergency incident notification so operational staff understand their duties.
• Legal and accounting advice. Engage legal counsel to review the proposed ticketing, payment and accounting structure to ensure payments are consistent with the direct costs limitation and engage an auditor in advance.
• Documented delegation. Record any delegation by the CEO for signing notifications and maintain a delegation schedule and authority registers consistent with the notification definition.

Following these concrete steps and mapping them to the instrument’s sections will materially reduce the risk that CFL or participating pilots operate outside the narrow exemption and accompanying directions.