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CASA EX72/24 – Part 138 and Part 91 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 EX72/24 – Part 138 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2024.
2 Duration
This instrument:
(a) commences on 2 December 2024; and
(b) is repealed at the end of 1 December 2027.
3 Definitions
(1) In this instrument:
> aerial work (air ambulance) operation has the same meaning as in regulation 202.405 of CASR.
> aerial work certificate holder has the same meaning as aerial work operator.
> aerial work operator has the meaning given by the CASR Dictionary.
> CAR means the Civil Aviation Regulations 1988.
> CASA EX86/21 means CASA EX86/21 – Part 138 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021.
> CASR means the Civil Aviation Safety Regulations 1998.
> civil aviation legislation has the meaning given by section 3 of the Civil Aviation Act 1988.
> DAMP organisation has the meaning given by subregulation 99.010(1) of CASR.
> early applicant, for a particular AOC or AOC variation, means a person:
(a) who at least 90 days before the commencement date — 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 the commencement date.
> emergency service operation has the meaning given by the CASR Dictionary.
> large aeroplane means an aeroplane mentioned in subsection 18.01(2) of the Part 138 MOS.
> limited aerial work operation has the meaning given in subsection 1.04(6) of the Part 138 Manual of Standards.
> medical exemption has the same meaning as in regulation 61.010 of CASR.
> MOS is short for Manual of Standards.
> NVIS means night vision imaging system.
> NVIS operation means an NVIS flight that is any of the following operations using NVIS:
(a) an aerial work operation conducted by an aerial work operator;
(b) 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;
(c) 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.
> operational safety-critical personnel has the meaning given by the CASR Dictionary.
> Part 142 operator has the meaning given by subregulation 142.015(4) of CASR.
> private operation has the meaning given by the CASR Dictionary.
> recognised foreign State has the meaning given by regulation 61.010 of CASR.
> the Act means the Civil Aviation Act 1988.
(2) To avoid doubt, in this instrument, unless a contrary intention appears:
(a) words and expressions have the same meaning as in Part 138 of CASR and in the Act; and
(b) mention of a provision with the prefix “138.” is a reference to that provision as contained in Part 138 of CASR; and
(c) mention of a provision with the prefix “91.” is a reference to that provision as contained in Part 91 of CASR, the CASR Dictionary and the Act, as applicable.
(3) To avoid doubt, any document incorporated into this instrument is so incorporated as it is in force from time to time.
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.