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CASA EX68/24 – Part 119 of CASR – Supplementary Exemptions and Directions Instrument 2024
Part 1Preliminary, Definitions and Application
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## Part 1 Preliminary, Definitions and Application
1 Name
This instrument is CASA EX68/24 – Part 119 of CASR – Supplementary Exemptions and Directions Instrument 2024.
2 Repeal
This instrument is repealed at the end of 1 December 2027.
> Note Some provisions of this instrument provide that they may cease to have effect at a specified time before they would otherwise be repealed by this section (see subsections 8(5), 10(5) and 14(4)).
3 Definitions
> Note In this instrument, certain terms and expressions have the same meaning as they have in the Act and the regulations. These include civil aviation legislation which is defined in section 3 of the Act, and CAR, CASR, exposition, medical certificate, operational safety-critical personnel, Part 121 Manual of Standards, safety management system and scheduled air transport operation which are defined in the CASR Dictionary.
In this instrument:
> aerial work (air ambulance) operation has the same meaning as in regulation 202.405 of CASR.
> ATPL is short for air transport pilot licence.
> Australian air transport operation has the meaning given by regulation 119.010 of CASR.
> Australian air transport operator has the meaning given by subregulation 119.015(2) of CASR.
> CAO means Civil Aviation Order.
> charter operations has the same meaning as it had in regulation 206 of CAR immediately before 2 December 2021.
> early applicant, for a particular AOC or AOC variation, means a person:
(a) who at least 90 days before 2 December 2021 — applied for the AOC or AOC variation under the civil aviation legislation in force on the date of the application; but
(b) whose application was still under consideration by CASA on 2 December 2021.
> exposition content, for a safety system, means the exposition content required for the safety system under Part 119 of CASR, and under any applicable related requirements under Part 121, Part 133 and Part 135 of CASR.
> FDAP is short for flight data analysis program.
> HFP&NTS program means an Australian air transport operator’s program for training and assessing operational safety-critical personnel in human factors principles and non-technical skills.
> high capacity aircraft has the meaning given by subsection 2 of CAO 82.0, as in force immediately before 2 December 2021.
> HOFO is short for head of flying operations, and has the same meaning as the expression head of the flying operations part of an organisation has in subsection 28(3) of the Act.
> HOTC is short for head of training and checking, and has the same meaning as the expression head of the training and checking part of an organisation has in subsection 28(3) of the Act.
> medical transport operation means a Part 133 operation that is a medical transport operation within the meaning given by paragraph (1)(a) of the definition of medical transport operation in clause 70 of Part 2 of the CASR Dictionary.
> MOPSC is short for maximum operational passenger seat configuration.
> MTOW is short for maximum take-off weight.
> NVIS means night vision imaging system.
> NVIS operation means an NVIS flight that is any of the following operations using NVIS:
(a) a medical transport operation;
(b) training or checking for a Part 133 operator in relation to its crew members who conduct NVIS flights during the operator’s medical transport operations;
(c) a maintenance flight of an aircraft for the purpose of ensuring the serviceability of the aircraft, or the NVIS, for NVIS operations mentioned in any other paragraph of this definition;
(d) a test flight of an aircraft for the purpose of certifying the aircraft, or the NVIS, for NVIS operations mentioned in any other paragraph of this definition.
> Part 133 operation means an Australian air transport operation mentioned in regulation 133.005 of CASR, and includes a medical transport operation.
> regular public transport operations has the same meaning as it had in regulation 206 of CAR immediately before 2 December 2021.
> safety system means a safety system that is one of the following:
(a) an SMS, including its exposition content;
(b) an HFP&NTS program, including its exposition content;
(c) a T&C system, including its exposition content.
> SMS is short for safety management system, which is defined in the CASR Dictionary.
> T&C is short for training and checking.
> the Act means the Civil Aviation Act 1988.
3A Table of Contents
The Table of Contents for this instrument is not part of this instrument. It is for guidance only and may be edited or updated by CASA in any published version of this instrument.
4 Application
This instrument applies, according to its terms, to the operator, and the pilot in command, of an aircraft to which Part 119 of CASR applies.