Part 2Directions

## Part 2 Directions 5 Use of EFBs — direction (1) In this section: > EFB is short for electronic flight bag, and means an information system for the flight crew members of an aircraft, that allows storing, updating, delivering, and displaying, with or without computing, digital data to support flight operations or flight duties on the aircraft. > relevant CAO means CAO 82.0, as in force immediately before 2 December 2021. (2) Subject to subsection (4), an Australian air transport operator must not use an EFB in an operation for the first time unless CASA, in writing, has approved the use of the EFB by the operator and the aircraft’s flight crew. > Note Subsection 21(1) of this instrument saves the operation of an approval given by CASA under subsection 5(2) of CASA EX82/21 – Part 119 of CASR – Supplementary Exemptions and Directions Instrument 2021 that was current or in force immediately before the commencement of this instrument. (3) An Australian air transport operator must include in its exposition information, procedures and instructions in relation to: (a) use of the EFB by the operator’s flight crew members; and (b) management of the EFB, including access to it, and the security and updating of it; and (c) how the operator will obtain CASA approval of any changes to the use of the EFB as described in the exposition. (4) Subsection (2) does not apply to an Australian air transport operator if, immediately before 2 December 2021, the operator was an AOC holder: (a) authorised to conduct charter operations, regular public transport operations, or aerial work (air ambulance) operations; and (b) in compliance with the requirements of paragraph 11.1 and Appendix 9 of the relevant CAO. 6 Operation of foreign-registered aircraft — direction (1) An Australian air transport operator must not operate a foreign-registered aircraft (the relevant foreign aircraft) in an Australian air transport operation for the first time unless CASA, in writing, has approved the operator’s application to operate the aircraft in the operation. (2) An Australian air transport operator approved in accordance with subsection (1) must not change the operation of the relevant foreign aircraft (other than to cease operating the aircraft) unless CASA, in writing, has approved the operator’s application to change the operation of the aircraft. > Note Subsection 21(1) of this instrument saves the operation of an approval given by CASA under subsection 6(1) or (2) of CASA EX82/21 – Part 119 of CASR – Supplementary Exemptions and Directions Instrument 2021 that was current or in force immediately before the commencement of this instrument. (3) An application for a CASA approval under subsection (1) or (2) must be accompanied by the information that is described in paragraphs 28A(1)(c) to (h) of the Act. (4) If the relevant foreign aircraft is the subject of, or included under, an agreement mentioned in paragraph 28A(1)(a) or (b) of the Act that indicates the period of time during which the aircraft may be operated by the Australian air transport operator, then the operator must not operate the aircraft outside that period of time. (5) Subsections (1) to (4) of this section do not apply to an Australian air transport operator in relation to the operation of: (a) an aircraft registered in New Zealand and operated under an Australian AOC with ANZA privileges; or (b) an aircraft for the operation of which the operator holds a permission under section 27A of the Act. 6A First use of NVIS in an NVIS operation under Part 133 of CASR – significant change – direction (1) This section applies to an Australian air transport operator (the operator) for a Part 133 operation. (2) Before conducting an NVIS operation for the first time in a Part 133 operation, the operator must apply for, and obtain, the written approval of CASA as if: (a) the first conduct of the NVIS operation were a significant change within the meaning of that expression in regulation 119.020 of CASR; and (b) regulations 119.090, 119.095 and 119.100 applied to the first conduct of the NVIS operation as if it were such a significant change. > Note Subsection 21(1) of this instrument saves the operation of an approval given by CASA under subsection 6A(2) of CASA EX82/21 – Part 119 of CASR – Supplementary Exemptions and Directions Instrument 2021 that was current or in force immediately before the commencement of this instrument. (3) If CASA gives the operator its approval under subsection (2) for a particular NVIS operation, no subsequent approval under subsection (2) is required before the operator may conduct a different NVIS operation for the first time in a Part 133 operation. 6B Retention of historical records — direction (1) This section applies to an Australian air transport operator if, immediately before 2 December 2021, the operator was an AOC holder authorised to conduct charter operations, or regular public transport operations, or aerial work (air ambulance) operations (the operator). (2) The operator must retain in safe custody, for the periods mentioned in subsection (3), each of the records held by the operator on 1 December 2021 that were mentioned in each of the following provisions (as applicable to the operator’s AOC) as the provision was in force immediately before 2 December 2021: (a) CAO 82.1, Appendix 1, paragraphs 2.3, 2.4 and 2.5; (b) CAO 82.3, Appendix 1, paragraph 2.5; (c) CAO 82.5, Appendix 1, paragraph 2.4. (3) For subsection (2), the period for retention of the records is at least the period, commencing on 2 December 2021, that the similar or analogous record is to be retained under Subpart 119.J of CASR.