CASA EX73/24 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2024
In ForceCTH
Jurisdiction
Commonwealth
Collection
legislative instrument
Plain English Summary
7/10 complexity
Creates time-limited exemptions (commences 2 Dec 2024, repealed 1 Dec 2027 — s2) from specified CASR provisions for certain Australian air transport and aerial work operators that held or applied for AOCs before 2 Dec 2021 (see s5, s15, s25, s35, s40, s45, s50). Affected operators must give CASA proposed expositions/manuals, meet safety-related conditions, and generally wait CASA’s written advice before using those materials or commencing scheduled services (see s7–9, s17–19, s27–29, s37–39, s42–44, s47–49, s52–54).
This instrument, CASA EX73/24 - Flight Operations Regulations - SMS, HFP&NTS and T&C Systems - Supplementary Exemptions and Directions Instrument 2024 (the instrument), gives a package of time‑limited exemptions from specified provisions of the Civil Aviation Safety Regulations 1998 (CASR) and related Manual of Standards (MOS) and Civil Aviation Orders (CAO) for narrowly defined groups of operators, subject to conditions and directions to prepare and submit specified exposition or manual content to the Civil Aviation Safety Authority (CASA). The instrument commences on 2 December 2024 and is repealed at the end of 1 December 2027 (ss 1-2). Definitions and cross‑references are collected in s 3.
Mechanically, the instrument operates by:
identifying classes of operators (the “relevant operator” in each Part) based on their AOC status immediately before 2 December 2021 (for example ss 5(1), 15(2), 25(1), 35(1), 40(1), 45(2), 50(1)); and
granting exemptions for each class from specified CASR provisions (see s 6 for Part 2 SMS exemptions, s 16 for Part 4, s 26 for Part 6 HFP&NTS exemptions, s 36 for Part 8, s 41 for Part 9, s 46 for Part 10, s 51 for Part 11 FDAP exemption);
making each exemption subject to express safety conditions (for example ss 7, 17, 27, 37, 42, 47, 52), including specific obligations on operational safety‑critical personnel, key personnel, heads of flying operations, heads of training and checking, and record‑keeping requirements; and
directing relevant operators who have relied on an exemption to submit proposed exposition, manual or other specified content to CASA by a date specified in writing by CASA and not to commence using that proposed content for compliance purposes until CASA gives written advice that it may be used, subject to limited exceptions (see ss 8, 18, 28, 38, 43, 48, 53). Each of those sections also requires documents to be accompanied by the relevant approved Form (if any) (for example s 8(2)).
Current sections
Direct links to the current provisions in CASA EX73/24 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2024.
9
Part 1
Preliminary and Definitions
Part 1 Preliminary and Definitions
1 Name
This instrument is CASA EX73/24 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – 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 operation has the meaning given by the CASR Dictionary.
aerial work operator has the meaning given by the CASR Dictionary.
Note An aerial work operator is the holder of an aerial work certificate.
Australian air transport operator has the meaning given by the CASR Dictionary.
CAO is short for Civil Aviation Order and has the same meaning as in subregulation 2(1) of CAR.
CAR means the Civil Aviation Regulations 1988.
CASA EX87/21 means CASA EX87/21 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2021.
CASR means the Civil Aviation Safety Regulations 1998.
charter operation has the same meaning as in paragraph 2(7)(b) of CAR, as in force immediately before 2 December 2021.
civil aviation legislation has the meaning given by section 3 of the Civil Aviation Act 1988.
commencement date means 2 December 2021.
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.
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.
HFP&NTS program exposition content means the content of a relevant Australian air transport operator’s exposition about HFP&NTS program matters, for the operator’s proposed compliance with the provisions mentioned in section 26.
human factors principles or HFP has the meaning given by the CASR Dictionary.
key personnel has the meaning given by the CASR Dictionary.
MOS is short for Manual of Standards.
non-technical skills or NTS has the meaning given by the CASR Dictionary.
operational safety-critical personnel has the meaning given by the CASR Dictionary.
Part 121 operation has the meaning given by the CASR Dictionary.
Part 133 operation has the meaning given by the CASR Dictionary.
Part 142 activity has the meaning given by subregulation 142.015(1) of CASR.
regular public transport operation has the same meaning as in paragraph 2(7)(c) of CAR, as in force immediately before 2 December 2021.
safety management system or SMS:
(a) for an Australian air transport operator — has the meaning given by the CASR Dictionary; and
(b) for an aerial work operator — has the same meaning as in regulation 138.145.
scheduled air transport operation has the meaning given by the CASR Dictionary.
SMS exposition content means the content of a relevant Australian air transport operator’s exposition about SMS, for the operator’s proposed compliance with the CASR provisions from which a relevant Part of this instrument has exempted the operator.
SMS manual content means the content of an aerial work operator’s safety management system manual for the operator’s proposed compliance with the CASR provisions from which a relevant Part of this instrument has exempted the operator, and includes any related content contained in the operator’s operations manual.
Subpart 121.Z operation means an operation mentioned in subregulation 121.005(2).
T&C is short for training and checking.
T&C exposition content means the content of an Australian air transport operator’s exposition about training and checking matters for the operator’s proposed compliance with the CASR provisions from which a relevant Part of this instrument has exempted the operator.
T&C manual content means the content of an aerial work operator’s training and checking manual for the operator’s proposed compliance with the CASR provisions from which a relevant Part of this instrument has exempted the operator, and includes any relevant content contained in the operator’s operations manual.
the Act means the Civil Aviation Act 1988.
(2) Subject to subsection (1), in this instrument, words and expressions have the same meaning as in CASR, the CASR Dictionary and the Act, as applicable.
(3) To avoid doubt, in this instrument, unless a contrary intention appears, mention of a provision with one of the following prefixes is a reference to that provision as contained in the Part of CASR that uses the same prefix in its title:
“11.”, “119.”, “121.”, “133.”, “135.”, “138.”.
(4) Unless the contrary intention is expressed, any document incorporated into this instrument is so incorporated as it is in force from time to time.
4 Application
This instrument applies to operators according to its terms.
Part 2
Safety management systems — Australian air transport operators — excluding certain Part 142 activities — exemptions
Part 2 Safety management systems – Australian air transport operators – excluding certain Part 142 activities – exemptions
5 Application of Part 2
This Part applies to an Australian air transport operator (the relevant operator) who, immediately before 2 December 2021:
(a) held an AOC, or was an early applicant for an AOC or an AOC variation that:
(i) authorised charter operations, or aerial work (air ambulance) operations; and
(ii) did not authorise regular public transport operations; and
(iii) did not authorise Part 142 activities in an aircraft; and
(b) was not the subject of a direction under regulation 11.245 to have an SMS.
6 Exemptions
A relevant operator is exempted from compliance with the following provisions:
(a) regulation 119.035;
(b) subparagraphs 119.130(1)(b)(iii) and (v);
(c) paragraph 119.130(1)(c);
(d) regulation 119.155;
(e) regulation 119.160;
(f) regulation 119.190;
(g) paragraph 119.205(1)(e), but only in relation to the safety manager.
Note For exemption in relation to FDAP requirements under regulation 119.195, refer to Part 11 of this instrument.
7 Conditions of the exemptions — safety
(1) It is a condition of the exemptions in section 6 that the relevant operator must not commence scheduled air transport operations until the relevant operator has complied with the directions in section 8.
(2) It is a condition of the exemptions in section 6 that the relevant operator must ensure that:
(a) operational safety-critical personnel (the personnel) actively seek to identify any safety risks arising from the operator’s operations; and
(b) the personnel bring identified safety risks to the attention of the operator’s key personnel as soon as practicable; and
(c) the operator’s key personnel:
(i) review the identified safety risks; and
(ii) if ongoing aviation safety requires the risks to be addressed — implement corrective safety controls as soon as practicable through changes to the operator’s exposition; and
(d) the operator’s key personnel oversee the recording, and retention for the relevant period identified in the operator’s exposition, of:
(i) the identified safety risks; and
(ii) the corrective safety controls implemented to address those risks; and
(e) procedures are set out in the operator’s exposition designed to achieve the outcomes mentioned in paragraphs (a) to (d).
8 Directions to take preparatory steps
(1) A relevant operator who has taken the benefit of any exemption under section 6 must:
(a) not later than the end of a date specified in writing by CASA — give CASA the proposed SMS exposition content, along with any supporting documents that are specified in writing by CASA; and
Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed SMS exposition content.
Note 2 Any date specified in writing under paragraph 8(1)(a) of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).
(b) subject to subsection (3), not commence using its proposed SMS exposition content until the day it receives CASA’s written advice that it may do so.
Note 1 Receiving the written advice would permit a relevant operator to use the proposed SMS exposition content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 9.
Note 2 Any advice given under paragraph 8(1)(b) of CASA EX87/21 continues in force as if given under this instrument — see subsection 55(1).
(2) For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).
(3) Paragraph (1)(b) does not apply to an operator’s use of its proposed SMS exposition content for purposes other than compliance with civil aviation legislation.
Note For example, paragraph (1)(b) does not prevent an operator using its proposed SMS exposition content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an SMS.
9 Expiry of the exemptions
The exemptions under section 6 expire for a relevant operator at the end of a date specified in writing by CASA.
Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of the specified date.
Note 2 Any date specified in writing under section 9 of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).
Part 4
Safety management systems — aerial work operations — excluding certain Part 142 activities — exemptions
Part 4 Safety management systems – aerial work operations – excluding certain Part 142 activities – exemptions
15 Definition and application of Part 4
(1) In this Part:
relevant aerial work operation means an aerial work operation for which the aerial work operator:
(a) is required to have an SMS under subregulation 138.140(1); and
(b) is not relieved of that requirement by subregulation 138.140(2).
(2) This Part applies to an aerial work operator (the relevant operator) who, immediately before 2 December 2021:
(a) held an AOC, or was an early applicant for an AOC or an AOC variation, that:
(i) authorised an aerial work operation (other than an aerial work (air ambulance) operation); and
(ii) did not authorise regular public transport operations; and
(iii) did not authorise Part 142 activities in an aircraft; and
(b) was not the subject of a direction under regulation 11.245 to have an SMS.
16 Exemptions
A relevant operator is exempted from compliance with the following provisions:
(a) paragraphs 138.085(1)(c) and (d);
(b) regulation 138.110;
(c) regulation 138.115;
(d) regulation 138.140;
(e) regulation 138.145;
(f) paragraph 138.155(1)(e), but only to the extent that it applies to the safety manager.
17 Conditions of the exemptions — safety
(1) It is a condition of the exemptions in section 16 that the relevant operator must not commence a relevant aerial work operation of a kind that the operator was not authorised to conduct immediately before 2 December 2021 until the relevant operator has complied with the directions in section 18.
(2) It is a condition of the exemptions in section 16 that the relevant operator must ensure that:
(a) operational safety-critical personnel (the personnel) actively seek to identify safety risks arising from the operator’s operations; and
(b) the personnel bring identified safety risks to the attention of the operator’s key personnel as soon as practicable; and
(c) the operator’s key personnel:
(i) review the identified safety risks; and
(ii) if ongoing aviation safety requires the risks to be addressed — implement corrective safety controls as soon as practicable through changes to the operator’s operations manual; and
(d) the operator’s key personnel oversee the recording, and retention for the relevant period identified in the operator’s operations manual, of:
(i) the identified safety risks; and
(ii) the corrective safety controls implemented to address those risks; and
(e) procedures are set out in the operations manual designed to achieve the outcomes mentioned in paragraphs (a) to (d).
18 Directions to take preparatory steps
(1) A relevant operator who has taken the benefit of any exemption under section 16 must:
(a) not later than the end of a date specified in writing by CASA — give CASA the proposed SMS manual content, along with any supporting documents that are specified in writing by CASA; and
Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed SMS manual content.
Note 2 Any date specified in writing under paragraph 18(1)(a) of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).
(b) subject to subsection (3), not commence using its proposed SMS manual content until the day it receives CASA’s written advice that it may do so.
Note 1 Receiving the written advice would permit a relevant operator to use the proposed SMS manual content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 19.
Note 2 Any advice given under paragraph 18(1)(b) of CASA EX87/21 continues in force as if given under this instrument — see subsection 55(1).
(2) For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).
(3) Paragraph (1)(b) does not apply to an operator’s use of its proposed SMS manual content for purposes other than compliance with civil aviation legislation.
Note For example, paragraph (1)(b) does not prevent an operator using its proposed SMS manual content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an SMS.
19 Expiry of the exemptions
The exemptions under section 16 expire for a relevant operator at the end of a date specified in writing by CASA.
Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of the specified date.
Note 2 Any date specified in writing under section 19 of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).
Part 6
Human factors principles and non-technical skills — Australian air transport operators — exemptions
Part 6 Human factors principles and non-technical skills – Australian air transport operators – exemptions
25 Application of Part 6
This Part applies to an Australian air transport operator (the relevant operator) who, immediately before 2 December 2021:
(a) held an AOC, or was an early applicant for an AOC or an AOC variation, that:
(i) authorised charter operations, or aerial work (air ambulance) operations; and
(ii) did not authorise regular public transport operations; and
(b) was not the subject of a direction under regulation 11.245 to have an HFP&NTS program for the operator’s charter operations or aerial work (air ambulance) operations.
26 Exemptions
A relevant operator is exempted from compliance with the following provisions:
(a) paragraph 119.130(1)(e), but only to the extent that it applies to training and checking of operational safety-critical personnel (other than flight crew) in an HFP&NTS program;
(b) regulation 119.175;
(c) regulation 119.180;
(d) regulation 119.185.
27 Conditions of the exemptions — safety
It is a condition of the exemptions in section 26 that the relevant operator must not commence scheduled air transport operations until the relevant operator has complied with the directions in section 28.
28 Directions to take preparatory steps
(1) A relevant operator who has taken the benefit of any exemption under section 26 must:
(a) not later than the end of a date specified in writing by CASA — give CASA the proposed HFP&NTS program exposition content, along with any supporting documents that are specified in writing by CASA; and
Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed HFP&NTS program exposition content.
Note 2 Any date specified in writing under paragraph 28(1)(a) of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).
(b) subject to subsection (3), not commence using its proposed HFP&NTS program exposition content until the day it receives CASA’s written advice that it may do so.
Note 1 Receiving the written advice would permit a relevant operator to use the proposed HFP&NTS program exposition content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 29.
Note 2 Any advice given under paragraph 28(1)(b) of CASA EX87/21 continues in force as if given under this instrument — see subsection 55(1).
(2) For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).
(3) Paragraph (1)(b) does not apply to an operator’s use of its proposed HFP&NTS program exposition content for purposes other than compliance with civil aviation legislation.
Note For example, paragraph (1)(b) does not prevent an operator using its proposed HFP&NTS program exposition content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an HFP&NTS program.
29 Expiry of the exemptions
The exemptions under section 26 expire for a relevant operator at the end of a date specified in writing by CASA.
Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of the specified date.
Note 2 Any date specified in writing under section 29 of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).
Part 8
Training and checking systems — Australian air transport operators — Part 133 operations — rotorcraft — exemptions
Part 8 Training and checking systems – Australian air transport operators – Part 133 operations – rotorcraft – exemptions
35 Application of Part 8
This Part applies to an Australian air transport operator for the conduct of a Part 133 operation (the relevant operator) who, immediately before 2 December 2021:
(a) held an AOC, or was an early applicant for an AOC or an AOC variation, that authorised charter operations, or aerial work (air ambulance) operations; and
(b) was not subject to a requirement under subregulation 217(1) of CAR, as in force immediately before 2 December 2021, to provide a training and checking organisation for the operations or for rotorcraft used in the operations.
36 Exemptions
A relevant operator is exempted from compliance with the following provisions:
(a) regulation 119.036;
(b) regulation 119.145;
(c) regulation 119.150;
(d) regulation 119.170;
(e) paragraph 119.205(1)(e), but only to the extent that it applies to the head of training and checking;
(f) paragraph 133.370(2)(g);
(g) regulation 133.375;
(h) paragraph 133.385(1)(c);
(i) regulation 133.395;
(j) paragraph 133.425(3)(b);
(k) regulation 133.455;
(l) regulation 133.465;
(m) regulation 133.470.
Note 1 For paragraph (f), exemption from paragraph 133.370(2)(g) has the implied consequential effect of exempting from subregulation 133.370(4) and Chapter 12 of the Part 133 MOS.
Note 2 For paragraph (j), exemption from paragraph 133.425(3)(b) has the implied consequential effect of exempting from subregulation 133.425(4) and section 13.02 of the Part 133 MOS.
37 Conditions of the exemptions — safety
(1) It is a condition of the exemptions in section 36 that the relevant operator must not commence the following:
(a) scheduled air transport operations (relevant operations);
(b) use of a rotorcraft for any air transport operation (the relevant rotorcraft);
if:
(c) such commencement would have required a training and checking organisation under subregulation 217(1) of CAR, as in force immediately before 2 December 2021;
(d) the relevant operator has not complied with the directions in section 38 for the relevant operations or the relevant rotorcraft.
(2) It is a condition of the exemptions in section 36 that the relevant operator must ensure that:
(a) the operator’s head of flying operations takes responsibility for the matters mentioned in regulations 119.140 and 119.150; and
(b) each crew member of a rotorcraft for a flight that is a Part 133 operation:
(i) has met the requirements of section 12 and Appendix IV of CAO 20.11, as in force immediately before 2 December 2021; and
(ii) has been assessed as competent, in accordance with the operator’s exposition, to perform the duties assigned to the person for the flight; and
(c) for a flight that is a Part 133 operation for an operator who did not conduct multi-crew operations before 2 December 2021, prior training for the pilot in command of the rotorcraft must include the following:
(i) training in the responsibilities of the pilot in command;
(ii) training in relation to pilot incapacitation; and
(d) a training record is maintained for each crew member that records at least the following:
(i) each ground training course completed or attempted, including the results for each phase or subject, and the final assessment of the standard achieved;
(ii) each flying training course completed or attempted, including the results of each phase of training, the number of times each exercise was undertaken and the results of each test or check;
(iii) each flight or simulator proficiency check completed or attempted, including the results of each phase of training, the number of times each exercise was undertaken and the results of each check;
(iv) each period of training, other than training referred to in subparagraph (i), (ii) or (iii), undertaken in an aircraft or simulator, including the exercises completed or attempted, and an assessment of the standard achieved; and
(e) the training record is retained for the relevant period identified in the operator’s exposition; and
(f) procedures are set out in the operator’s exposition designed to achieve the outcomes mentioned in paragraphs (a) to (e).
(3) For paragraph (2)(b), for a provision of a CAO mentioned in subparagraph (2)(b)(i), any reference to:
(a) a charter operation — must be taken to be a mention of the relevant operator’s Part 133 operations to which this Part applies; and
(b) a chief pilot — must be taken to be a mention of the relevant operator’s head of flying operations.
38 Directions to take preparatory steps
(1) A relevant operator who has taken the benefit of any exemption under section 36 must:
(a) not later than the end of a date specified in writing by CASA — give CASA the proposed T&C exposition content, along with any supporting documents that are specified in writing by CASA; and
Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed T&C exposition content.
Note 2 If the proposed T&C exposition content includes the use of an individual to conduct a specified training or check mentioned in section 20B of CASA EX84/21, their supporting documents may need to include their application for the approval mentioned in that section.
Note 3 Any date specified in writing under paragraph 38(1)(a) of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).
(b) subject to subsection (3), not commence using its proposed T&C exposition content until the day it receives CASA’s written advice that it may do so.
Note 1 Receiving the written advice would permit a relevant operator to use the proposed T&C exposition content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 39.
Note 2 If the proposed T&C exposition content includes the use of an individual to conduct a specified training or check mentioned in section 20B of CASA EX84/21, the receipt of advice from CASA under paragraph (b) is not the approval mentioned in section 20B of CASA EX84/21.
Note 3 Any advice given under paragraph 38(1)(b) of CASA EX87/21 continues in force as if given under this instrument — see subsection 55(1).
(2) For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).
(3) Paragraph (1)(b) does not apply to an operator’s use of its proposed T&C exposition content for purposes other than compliance with civil aviation legislation.
Note For example, paragraph (1) (b) does not prevent an operator using its proposed T&C exposition content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an enhanced system of conducting training and checking activities (as compared to section 37 safety conditions).
39 Expiry of the exemptions
The exemptions under section 36 expire for a relevant operator at the end of a date specified in writing by CASA.
Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of the specified date.
Note 2 Any date specified in writing under section 39 of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).
Part 9
Training and checking systems — Australian air transport operators — Part 135 operations and Subpart 121.Z operations — aeroplanes — exemptions
Part 9 Training and checking systems – Australian air transport operators – Part 135 operations and Subpart 121.Z operations – aeroplanes – exemptions
40 Application of Part 9
This Part applies to an Australian air transport operator for the conduct of a Part 135 operation or a Subpart 121.Z operation (the relevant operator) who, immediately before 2 December 2021:
(a) held an AOC, or was an early applicant for an AOC or an AOC variation, that authorised charter operations, or aerial work (air ambulance) operations; and
(b) was not subject to a requirement under subregulation 217(1) of CAR, as in force immediately before 2 December 2021, to provide a training and checking organisation for the operations or for an aeroplane used in the operations.
41 Exemptions
A relevant operator is exempted from compliance with the following provisions:
(a) regulation 119.036;
(b) regulation 119.145;
(c) regulation 119.150;
(d) regulation 119.170;
(e) paragraph 119.205(1)(e), but only to the extent that it applies to the head of training and checking;
(f) paragraph 135.380(2)(f);
(g) regulation 135.385;
(h) paragraph 135.395(1)(c);
(i) regulation 135.405;
(j) regulation 135.430;
(k) regulation 135.445;
(l) regulation 135.455;
(m) regulation 135.460.
Note For paragraph (f), exemption from paragraph 135.380(2)(f) has the implied consequential effect of exempting from subregulation 135.380(4) and Chapter 12 of the Part 135 MOS.
42 Conditions of the exemptions — safety
(1) It is a condition of the exemptions in section 41 that the relevant operator must not commence the following:
(a) scheduled air transport operations (relevant operations);
(b) use of an aeroplane for any air transport operation (the relevant aeroplane);
if:
(c) such commencement would have required a training and checking organisation under subregulation 217(1) of CAR, as in force immediately before 2 December 2021;
(d) the relevant operator has not complied with the directions in section 43 for the relevant operations or the relevant aircraft.
(2) It is a condition of the exemptions in section 41 that the relevant operator must ensure that:
(a) the operator’s head of flying operations takes responsibility for the matters mentioned in regulations 119.140 and 119.150; and
(b) each crew member of an aeroplane for a flight that is a Part 135 operation or a Subpart 121.Z operation (as applicable):
(i) has met the requirements of section 12 and Appendix IV of CAO 20.11, as in force immediately before 2 December 2021; and
(ii) has been assessed as competent, in accordance with the operator’s exposition, to perform the duties assigned to the person for the flight; and
(c) for a flight that is a Part 135 operation or a Subpart 121.Z operation (as applicable) for an operator who did not conduct multi-crew operations before 2 December 2021, prior training for the pilot in command of the aeroplane must include the following:
(i) training in the responsibilities of the pilot in command;
(ii) training in relation to pilot incapacitation; and
(d) a training record is maintained for each crew member that records at least the following:
(i) each ground training course completed or attempted, including the results for each phase or subject, and the final assessment of the standard achieved;
(ii) each flying training course completed or attempted, including the results of each phase of training, the number of times each exercise was undertaken and the results of each test or check;
(iii) each flight or simulator proficiency check completed or attempted, including the results of each phase of training, the number of times each exercise was undertaken and the results of each check;
(iv) each period of training, other than training referred to in subparagraph (i), (ii) or (iii), undertaken in an aircraft or simulator, including the exercises completed or attempted, and an assessment of the standard achieved; and
(e) the training record is retained for the relevant period identified in the operator’s exposition; and
(f) procedures are set out in the exposition designed to achieve the outcomes mentioned in paragraphs (a) to (e).
(3) For paragraph (2)(b), for a provision of a CAO mentioned in subparagraph (2)(b)(i), any reference to:
(a) a charter operation — must be taken to be a mention of the relevant operator’s Part 135 operations or Subpart 121.Z operations (as applicable) to which this Part applies; and
(b) a chief pilot — must be taken to be a mention of the relevant operator’s head of flying operations.
43 Directions to take preparatory steps
(1) A relevant operator who has taken the benefit of any exemption under section 41 must:
(a) not later than the end of a date specified in writing by CASA — give CASA the proposed T&C exposition content, along with any supporting documents that are specified in writing by CASA; and
Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed T&C exposition content.
Note 2 If the proposed T&C exposition content includes the use of an individual to conduct a specified training or check mentioned in section 20A of CASA EX85/21, their supporting documents may need to include their application for the approval mentioned in that section.
Note 3 Any date specified in writing under paragraph 43(1)(a) of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).
(b) subject to subsection (3), not commence using its proposed T&C exposition content until the day it receives CASA’s written advice that it may do so.
Note 1 Receiving the written advice would permit a relevant operator to use the proposed T&C exposition manual content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 44.
Note 2 If the proposed T&C exposition content includes the use of an individual to conduct a specified training or check mentioned in section 20A of CASA EX85/21, the receipt of advice from CASA under paragraph (b) is not the approval mentioned in section 20A of CASA EX85/21.
Note 3 Any advice given under paragraph 43(1)(b) of CASA EX87/21 continues in force as if given under this instrument — see subsection 55(1).
(2) For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).
(3) Paragraph (1)(b) does not apply to an operator’s use of its proposed T&C exposition content for purposes other than compliance with civil aviation legislation.
Note For example, paragraph (1)(b) does not prevent an operator using its proposed T&C exposition content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an enhanced system of conducting training and checking activities (as compared to section 42 safety conditions).
44 Expiry of the exemptions
The exemptions under section 41 expire for a relevant operator at the end of a date specified in writing by CASA.
Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of the specified date.
Note 2 Any date specified in writing under section 44 of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).
Part 10
Training and checking systems — aerial work operators — exemptions
Part 10 Training and checking systems – aerial work operators – exemptions
45 Definition and application of Part 10
(1) In this Part:
relevant aerial work operation means an aerial work operation by an aerial work operator, that:
(a) is required to have a training and checking system under subregulation 138.125(1); and
(b) is not relieved of that requirement by subregulation 138.125(2).
(2) This Part applies to an aerial work operator (the relevant operator) in a relevant aerial work operation who, immediately before 2 December 2021:
(a) held an AOC, or was an early applicant for an AOC or an AOC variation, that authorised aerial work operations (other than aerial work (air ambulance) operations); and
(b) was not subject to a requirement under subregulation 217(1) of CAR, as in force immediately before 2 December 2021, to provide a training and checking organisation for the operations or for an aircraft used in the operations.
46 Exemptions
(1) A relevant operator is exempted from compliance with the following provisions:
(a) regulation 138.100;
(b) regulation 138.105;
(c) regulation 138.125;
(d) regulation 138.130;
(e) subject to subsection (2), paragraph 138.475(2)(f),
(f) subject to subsection (2), paragraph 138.540(2)(b).
Note 1 For paragraph (e), exemption from paragraph 138.475(2)(f) has the implied consequential effect of exempting from subregulation 138.475(3) and Division 1 of Chapter 23 of the Part 138 MOS.
Note 2 For paragraph (f), exemption from paragraph 138.540(2)(b) has the implied consequential effect of exempting from subregulation 138.540(3) and section 24.02 of the Part 138 MOS.
(2) The exemptions under paragraphs (1)(e) and (f) do not extend to exempt from compliance with paragraph 23.03(2)(e) of the Part 138 MOS (the MOS).
Direction
(3) A relevant operator must ensure that any training required under paragraph 23.03(2)(e) of the MOS is conducted as if section 23.10 of the MOS applied to the operator for the training.
47 Conditions of the exemptions — safety
(1) It is a condition of the exemptions in section 46 that the relevant operator must not do any of the following:
(a) commence relevant aerial work operations of a kind that the operator was not authorised to conduct immediately before 2 December 2021;
(b) commence relevant aerial work operations, or the use of an aircraft for the relevant aerial work operations (relevant aircraft), that would have required a training and checking organisation under subregulation 217(1) of CAR, as in force immediately before 2 December 2021;
until the relevant operator has complied with the directions in section 48.
Note See also section 8 of CASA EX86/21 – Part 138 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021. This contains additional exemptions to the effect that the operator’s training and checking manual content need only relate to a particular aircraft or a particular operation and not operations or aircraft more generally.
(2) It is a condition of the exemptions in section 46 that the relevant operator must ensure that:
(a) the operator’s head of operations ensures that training and checking of the operator’s operational safety critical personnel, conducted by or for the operator, is conducted in accordance with the operator’s operations manual; and
(b) the requirements under subsection 6 of CAO 82.1, as in force immediately before 2 December 2021, are complied with, including as if a reference to the chief pilot were a reference to the operator’s head of operations; and
(c) a training record is maintained for each crew member that records at least the following:
(i) each ground training course completed or attempted, including the results for each phase or subject, and the final assessment of the standard achieved;
(ii) each flying training course completed or attempted, including the results of each phase of training, the number of times each exercise was undertaken and the results of each test or check;
(iii) each flight or simulator proficiency check completed or attempted, including the results of each phase of training, the number of times each exercise was undertaken and the results of each check;
(iv) each period of training, other than training referred to in subparagraph (i), (ii) or (iii), undertaken in an aircraft or simulator, including the exercises completed or attempted, and an assessment of the standard achieved; and
(d) the training record is retained for the relevant period identified in the operator’s operations manual; and
(e) procedures are set out in the operations manual designed to achieve the outcomes mentioned in paragraphs (a) to (d).
(3) For paragraph (2)(b), in a provision of subsection 6 of CAO 82.1, any reference to a chief pilot must be taken to be a mention of the relevant operator’s head of operations.
48 Directions to take preparatory steps
(1) A relevant operator who has taken the benefit of any exemption under section 46 must:
(a) not later than the end of a date specified in writing by CASA — give CASA the proposed T&C manual content, along with any supporting documents that are specified in writing by CASA; and
Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed T&C manual content.
Note 2 If the proposed T&C manual content includes the use of an individual to conduct a specified training or check mentioned in section 17 of CASA EX86/21, the supporting documents may need to include their application for the approval mentioned in that section.
Note 3 Any date specified in writing under paragraph 48(1)(a) of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).
(b) subject to subsection (3), not commence using its proposed T&C manual content until the day it receives CASA’s written advice that it may do so.
Note 1 Receiving the written advice would permit a relevant operator to use the proposed T&C manual content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 49.
Note 2 If the proposed T&C manual content includes the use of an individual to conduct a specified training or check mentioned in section 17 of CASA EX86/21, the receipt of advice from CASA under paragraph (b) is not the approval mentioned in section 17 of CASA EX86/21.
Note 3 Any advice given under paragraph 48(1)(b) of CASA EX87/21 continues in force as if given under this instrument — see subsection 55(1).
(2) For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).
(3) Paragraph (1)(b) does not apply to an operator’s use of its proposed T&C manual content for purposes other than compliance with civil aviation legislation.
Note For example, paragraph (1)(b) does not prevent an operator using its proposed T&C manual content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an enhanced system of conducting training and checking activities (as compared to section 47 safety conditions).
49 Expiry of the exemptions
The exemptions under section 46 expire for a relevant operator at the end of a date specified in writing by CASA.
Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of the specified date.
Note 2 Any date specified in writing under section 49 of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).
Part 11
Flight data analysis programs — Australian air transport operators — exemption
Part 11 Flight data analysis programs – Australian air transport operators – exemption
50 Application of Part 11
This Part applies to an Australian air transport operator (the relevant operator) who, immediately before 2 December 2021:
(a) held an AOC, or was an early applicant for an AOC or an AOC variation that authorised regular public transport operations, charter operations, or aerial work (air ambulance) operations; and
(b) was not subject to a requirement under subsection 2A of CAO 82.3, or subsection 2A of CAO 82.5, as in force at that time, to have an FDAP for operation of an aircraft in the operations; and
(c) was not the subject of a direction under regulation 11.245 to have an FDAP for operation of an aircraft in the operations.
51 Exemption
A relevant operator is exempted from compliance with regulation 119.195.
Note See also sections 18 and 19 of CASA EX82/21 – Part 119 of CASR – Supplementary Exemptions and Directions Instrument 2021. This contains additional exemptions and directions in relation to FDAP requirements under regulation 119.195.
52 Conditions of the exemption — safety
It is a condition of the exemption in section 51 that the operator must not commence a scheduled air transport operation in an aircraft that required, or would have required, an FDAP under CAO 82.3 or 82.5, as in force immediately before 2 December 2021, until the relevant operator has complied with the directions in section 53.
53 Directions to take preparatory steps
(1) A relevant operator who has taken the benefit of any exemption under section 51 must:
(a) not later than the end of a date specified in writing by CASA — give CASA the proposed exposition content that meets the requirements of regulation 119.195 (proposed exposition content) along with any supporting documents that are specified in writing by CASA; and
Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed exposition content.
Note 2 Any date specified in writing under paragraph 53(1)(a) of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).
(b) subject to subsection (3), not commence using its proposed exposition content until the day it receives CASA’s written advice that it may do so.
Note 1 Receiving the written advice would permit a relevant operator to use the proposed exposition content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 54.
Note 2 Any advice given under paragraph 53(1)(b) of CASA EX87/21 continues in force as if given under this instrument — see subsection 55(1).
(2) For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).
(3) Paragraph (1)(b) does not apply to an operator’s use of its proposed T&C exposition content for purposes other than compliance with civil aviation legislation.
Note For example, paragraph (1) (b) does not prevent an operator using its proposed exposition content for the purpose of meeting a customer’s contractual requirement for the operator to have and use a FDAP.
54 Expiry of the exemptions
The exemptions under section 51 expire for a relevant operator at the end of a date specified in writing by CASA.
Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates.
Note 2 Any date specified in writing under section 54 of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).
Part 12
Transitional provisions
Part 12 Transitional provisions
55 Transitional provisions
(1) Any approval or advice given by CASA under CASA EX87/21, that was in force immediately before the commencement of this instrument, continues on and from that commencement as if it were an equivalent approval or advice given by CASA under this instrument and subject to the same terms and conditions.
(2) Any date specified in writing by CASA for the purposes of CASA EX87/21 continues on and from the commencement of this instrument as if it were a date specified in writing by CASA for the purposes of this instrument and subject to the same terms and conditions.
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Part 1 Preliminary and Definitions
Part 1 Preliminary and Definitions
1 Name
This instrument is CASA EX73/24 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – 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 operation has the meaning given by the CASR Dictionary.
aerial work operator has the meaning given by the CASR Dictionary.
Note An aerial work operator is the holder of an aerial work certificate.
Australian air transport operator has the meaning given by the CASR Dictionary.
CAO is short for Civil Aviation Order and has the same meaning as in subregulation 2(1) of CAR.
CAR means the Civil Aviation Regulations 1988.
CASA EX87/21 means CASA EX87/21 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2021.
CASR means the Civil Aviation Safety Regulations 1998.
charter operation has the same meaning as in paragraph 2(7)(b) of CAR, as in force immediately before 2 December 2021.
civil aviation legislation has the meaning given by section 3 of the Civil Aviation Act 1988.
commencement date means 2 December 2021.
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.
FDAP is short for flight data analysis program.
The exemptions are transitional and expire for each relevant operator at the end of a date specified in writing by CASA (see ss 9, 19, 29, 39, 44, 49, 54). The instrument expressly preserves any CASA approvals, advice or dates given under CASA EX87/21 immediately before commencement so they continue as if given under this instrument (s 55(1)-(2)). The instrument frequently cross‑references provisions “as in force immediately before 2 December 2021”, and incorporates other documents as in force from time to time unless a contrary intention is expressed (s 3(4)).
The instrument therefore creates a structured, conditional transition regime: temporary regulatory relief from listed CASR/MOS/CAO requirements for particular, historically defined operator cohorts; mandatory preparatory steps and documentation to be submitted to CASA; the ability for CASA to set operator‑specific dates for expiry; and continuing effect of prior CASA approvals or dates given under CASA EX87/21 (s 55).
Main concepts
The instrument is built around several recurring regulatory concepts. Definitions are given in s 3 and are applied throughout the Parts.
Safety management system (SMS)
For Australian air transport operators and certain aerial work operators the instrument interacts with SMS obligations under CASR. The instrument exempts relevant operators from specified SMS regulations (for example s 6 lists the CASR provisions from which exemptions are granted) while imposing conditions that require operators to adopt particular SMS‑like behaviours (for example active risk identification by operational safety‑critical personnel and recording and retention of risks and corrective controls in the operator’s exposition or operations manual, s 7(2), s 17(2)).
Human factors principles and non‑technical skills (HFP&NTS)
HFP and NTS are defined via the CASR Dictionary (s 3). The instrument provides temporary exemptions to HFP&NTS training and program requirements for eligible Australian air transport operators (see s 26), subject to directions to submit proposed HFP&NTS program exposition content to CASA (s 28) and a prohibition on starting scheduled air transport operations until the directions are met (s 27).
Training and checking systems (T&C)
The instrument grants exemptions from various T&C provisions for different operation types (Part 8 for Part 133 rotorcraft, Part 9 for Part 135 and Subpart 121.Z aeroplanes, Part 10 for aerial work operators) (see ss 36, 41, 46). Each T&C exemption is accompanied by detailed conditional obligations covering responsibility allocations (for example head of flying operations), minimum training record content, retention periods to be specified in the operator’s exposition or operations manual, and prohibitions on commencing certain operations unless CASA‑directed preconditions are satisfied (for example ss 37(2), 42(2), 47(2)).
Flight data analysis program (FDAP)
Part 11 provides a narrow exemption from reg 119.195 (FDAP requirement) for relevant operators who immediately before 2 December 2021 were not required to have an FDAP (s 51). The exemption is conditional on not commencing scheduled air transport operations in aircraft that would have required an FDAP until the operator submits proposed exposition content meeting reg 119.195 requirements and receives CASA advice or until the exemption expires (ss 52-53).
Relevant operator and eligibility
The notion of a “relevant operator” in each Part is central; eligibility is typically determined by the operator’s AOC status immediately before 2 December 2021, and whether the operator was subject to a pre‑existing direction under regulation 11.245 (see, for example, s 5(1), s 15(2), s 25(1)). The instrument also defines “early applicant” (s 3(1)) to capture persons who had applied for an AOC or variation at least 90 days before the commencement date and whose application was still under consideration on that date.
Exemptions, conditions, directions and expiry
Every exemption is expressly conditional. Common features are (i) a prohibition on commencing particular higher‑risk operations until the operator has complied with CASA’s written directions (for example not commencing scheduled air transport operations until required exposition/manual content has been submitted and, in some cases, until CASA’s written advice permits use, see s 7(1), s 17(1), s 27); (ii) requirements that operational safety‑critical personnel actively identify risks and escalate to key personnel who must review, address and record risks and remedial controls in exposition/operations manual (see s 7(2), s 17(2)); and (iii) a requirement to submit proposed content to CASA by a date specified in writing by CASA (see s 8(1)(a) and analogues). Exemptions expire on a date specified in writing by CASA for each operator (ss 9, 19, 29, 39, 44, 49, 54).
Interaction with other instruments and approvals
The instrument preserves in force approvals and advice given under CASA EX87/21 and any dates specified under that earlier instrument (s 55). Several notes refer operators to approvals or provisions in other CASA exemption instruments (for example the notes in ss 38, 43, 48 referencing CASA EX84/21, EX85/21, EX86/21 for approvals of individuals to conduct specified training/checks). The instrument also makes several carve‑outs where an exemption does not extend to a particular MOS paragraph (for example s 46(2) excludes paragraph 23.03(2)(e) of the Part 138 MOS).
Communication and timing
Although the operative clauses delegate timing to CASA’s written specification, the instrument repeatedly signals that CASA will give at least three months’ notice of any specified dates by its website and communications (see the recurring Note 1 in ss 8, 18, 28, 38, 43, 48, 53 and the expiry Notes). That is a procedural expectation recorded in the instrument’s notes, while the substance leaves the actual dates to CASA’s written directions.
Taken together, these concepts create a transitional regime in which CASA provides temporary regulatory relief to defined operator cohorts while imposing specified safety behaviours and requiring the submission of exposition or manual material by CASA‑specified dates, with limited early use of proposed materials permitted only for non‑regulatory purposes (see s 8(3) and equivalents).
Who it affects
The instrument targets narrowly defined operator cohorts. The precise eligibility rules differ by Part but share the same pattern: operators must have held, immediately before 2 December 2021, an AOC or been an early applicant for an AOC or variation authorising particular kinds of operations, and must not have been the subject of a direction under regulation 11.245 to have the applicable system (for example an SMS or HFP&NTS program). The instrument therefore distinguishes between categories of operator and operation type.
Key affected cohorts (quoted statutory language identified):
Australian air transport operators who, immediately before 2 December 2021, held an AOC (or were early applicants) that authorised charter operations or aerial work (air ambulance) operations and did not authorise regular public transport operations or Part 142 activities in an aircraft, and who were not the subject of a direction under regulation 11.245 to have an SMS: these operators are the class to which Part 2 (SMS exemptions) applies (s 5(1)(a)-(b)).
Aerial work operators who immediately before 2 December 2021 held an AOC (or were early applicants) that authorised aerial work operations (other than aerial work (air ambulance) operations), did not authorise regular public transport operations or Part 142 activities in an aircraft, and were not the subject of a direction under regulation 11.245 to have an SMS: these are covered by Part 4 (s 15(2)).
Australian air transport operators who immediately before 2 December 2021 held an AOC (or were early applicants) that authorised charter operations, or aerial work (air ambulance) operations, but did not authorise regular public transport operations, and were not the subject of a regulation 11.245 direction to have an HFP&NTS program: these are the cohort for Part 6 HFP&NTS exemptions (s 25(1)(a)-(b)).
Australian air transport operators for Part 133 rotorcraft operations who immediately before 2 December 2021 held an AOC (or were early applicants) that authorised charter or aerial work (air ambulance) operations, and who were not subject to a prior CAR subregulation 217(1) requirement to provide a training and checking organisation for the operations or rotorcraft used (s 35(1)(a)-(b)); these operators are affected by Part 8 exemptions.
Australian air transport operators for Part 135 operations and Subpart 121.Z aeroplane operations who immediately before 2 December 2021 held an AOC (or were early applicants) that authorised charter or aerial work (air ambulance) operations, and who were not subject to CAR subreg 217(1) requirements as in force immediately before 2 December 2021: these operators are covered by Part 9 (s 40(1)(a)-(b)).
Aerial work operators conducting relevant aerial work operations required to have a training and checking system under subregulation 138.125(1) (and not relieved by subregulation 138.125(2)) who immediately before 2 December 2021 held an AOC (or were early applicants) that authorised aerial work operations (other than aerial work (air ambulance)), and who were not previously required under CAR subreg 217(1) to provide a training and checking organisation: these are subject to Part 10 (s 45(1)-(2)).
Australian air transport operators who immediately before 2 December 2021 held an AOC (or were early applicants) that authorised regular public transport operations, charter operations, or aerial work (air ambulance) operations, and who were not previously subject to CAO 82.3/82.5 FDAP requirements or a direction under reg 11.245 to have an FDAP: these fall within Part 11 (s 50(1)(a)-(c)).
Common exclusions and constraints
Operators who authorised regular public transport operations are often expressly excluded from some Parts: for example Part 2 requires the relevant operator not to have authorised regular public transport operations (s 5(1)(a)(ii)). Part 11, by contrast, explicitly applies to operators that did authorise regular public transport operations among other operations (s 50(1)(a)).
Operators who were subject to a direction under reg 11.245 to have an SMS, HFP&NTS program or FDAP are excluded (see repeated references across ss 5, 15, 25, 50).
Temporal eligibility and “early applicant”
The instrument uses a temporal cut‑off “immediately before 2 December 2021” in multiple application sections (for example s 5(1), s 15(2), s 25(1)), which makes eligibility depend on the operator’s regulatory status at that date. The instrument defines “early applicant” as a person who at least 90 days before the commencement date applied for the AOC or AOC variation and whose application was still under consideration on the commencement date (s 3(1)).
Operators currently under different regulatory directions or with different authorisations are therefore outside the relief offered by this instrument. The instrument also imposes operator‑specific conditions that must be satisfied to continue to rely on the exemptions and to transition to full compliance with the CASR requirements by the CASA‑specified dates.
Key duties and rights
The instrument replaces particular CASR obligations for eligible operators with a package of specific temporary exemptions coupled to affirmative duties and limited rights. The text sets out these duties and rights precisely.
Principal duties imposed by the instrument
Do not commence specified operations until directions satisfied: Many Parts make it a condition of the exemptions that the relevant operator must not commence specified operations until it has complied with the directions to submit proposed exposition/manual content and, in some cases, until CASA’s written advice permits use. Examples include the SMS exemption condition that the operator must not commence scheduled air transport operations until directions in s 8 are complied with (s 7(1)); the aerial work SMS equivalent (s 17(1)); the HFP&NTS condition (s 27); and the various T&C conditions for Parts 8, 9 and 10 (s 37(1), s 42(1), s 47(1)). Part 11’s FDAP exemption contains a similar prohibition until directions in s 53 are complied with (s 52).
Active risk identification and escalation: A consistent operational duty is that operational safety‑critical personnel must actively seek to identify safety risks arising from the operator’s operations and bring those risks to the attention of the operator’s key personnel as soon as practicable (for example s 7(2)(a)-(b), s 17(2)(a)-(b)). Key personnel must review identified risks and, if ongoing aviation safety requires, implement corrective safety controls as soon as practicable through changes to the exposition or operations manual (s 7(2)(c), s 17(2)(c)).
Recording and retention of safety risks and corrective controls: Key personnel must oversee the recording and retention for the relevant period identified in the operator’s exposition or operations manual of identified safety risks and the corrective safety controls implemented (s 7(2)(d), s 17(2)(d); similar record requirements appear in Parts 8-10 for training records, see, for example, s 36(2)(d), s 41(2)(d), s 46(2)(c)).
Proceduralisation in exposition/operations manual: Operators must set out procedures in their exposition or operations manual designed to achieve the outcomes described (identification, escalation, review, corrective control implementation, recording and retention) (for example s 7(2)(e), s 17(2)(e)).
Specific training and competency duties for T&C: For Parts 8 and 9 (rotorcraft and aeroplane training and checking), operators must ensure the head of flying operations takes responsibility for matters under regs 119.140 and 119.150, that crew members meet CAO 20.11 requirements, that prior training for pilots includes pilot‑in‑command responsibilities and pilot incapacitation where the operator did not previously conduct multi‑crew operations, and that a detailed training record is maintained and retained for the period specified in the exposition (see s 36(2), s 41(2)).
Submission of proposed content to CASA by CASA‑specified dates: A central duty is to give CASA the proposed SMS/HFP&NTS/T&C/FDAP exposition or manual content and any supporting documents by a date specified in writing by CASA (see s 8(1)(a) and analogues s 18(1)(a), s 28(1)(a), s 38(1)(a), s 43(1)(a), s 48(1)(a), s 53(1)(a)). Documents must be accompanied by any relevant approved Form (for example s 8(2)).
Restrictions on use of proposed material for compliance: Generally, the operator must not commence using its proposed content for compliance with civil aviation legislation until it receives CASA’s written advice that it may do so (see s 8(1)(b) and equivalents). An express carve‑out allows use of proposed content for non‑compliance purposes (for example to meet a contractual requirement) before CASA’s written advice (see s 8(3) and equivalents).
Rights and relief the instrument affords
Temporary exemption from specified CASR/MOS/CAO requirements: The principal “right” conferred is exemption from specified statutory provisions listed in each Part (for example s 6 lists the CASR provisions exempted for Part 2; s 36 lists the Part 8 exemptions; s 51 exempts from reg 119.195 FDAP requirement). These exemptions are limited in scope and duration.
Ability to use proposed content for non‑regulatory purposes before CASA advice: As noted, operators may use their proposed SMS/HFP&NTS/T&C/FDAP content for purposes that are not compliance with civil aviation legislation even before CASA provides written advice allowing their use for compliance (s 8(3) and equivalents). The instrument gives an example in each case (for instance customer contractual requirements).
Continuity of prior CASA approvals or advice: Any CASA approval or advice given under CASA EX87/21 and in force immediately before this instrument’s commencement continues to have effect as if given under this instrument, subject to the same terms and conditions (s 55(1)). Any date specified in writing under EX87/21 continues on and from commencement (s 55(2)).
Other procedural duties flagged in the instrument
Some proposed training/checking expositions that rely on use of particular individuals to conduct specified training/checks may require separate approvals under other CASA exemption instruments (for example notes in s 38, s 43, s 48 reference CASA EX84/21, EX85/21, EX86/21, respectively). The instrument warns that receipt of CASA advice under those sections is not the other instruments’ approval and that separate forms or application materials may be needed (see s 38(1) Note 2; s 43(1) Note 2; s 48(1) Note 2).
Taken together, the instrument replaces particular statutory obligations with a package of positive duties to prepare, document, record, and submit system content to CASA by CASA‑specified dates, while giving temporary exemptions that operators may rely on so long as they meet the conditions and directions.
Penalties and enforcement
The instrument itself is an exemptions and directions instrument. It does not create specific new civil or criminal penalties inside its text for non‑compliance. It operates instead by modifying (by exemption) the statutory duties that would otherwise apply under CASR, and by tying those exemptions to conditions and directions. From the text, the enforcement dynamics are threefold.
Conditional nature of exemptions as a compliance lever
The instrument repeatedly makes exemptions conditional on specified behaviours. Failure to satisfy those conditions will mean that the exemption cannot be validly relied upon. For example, s 7(1) conditions the SMS exemptions on not commencing scheduled air transport operations until the directions in s 8 are complied with. If an operator commences such operations without meeting the direction, that operator is not complying with the condition for the exemption in s 6 and therefore the operator will be back under the general CASR obligations from which the exemption purported to relieve them. The instrument therefore leverages the continuing force of the underlying statutory obligations in CASR and related instruments.
CASA’s administrative role and written directions
Enforcement and transition scheduling are administered by CASA through written directions and advice. CASA specifies the date by which proposed expositions or manual content must be submitted (see the recurring directive in s 8(1)(a) and equivalents). CASA also issues written advice when operators may commence using their proposed content for compliance purposes (see s 8(1)(b) and equivalents). The instrument preserves prior CASA approvals and advice under EX87/21 (s 55), which CASA can continue to rely on administratively. The instrument does not itself provide an enforcement penalty regime; instead, CASA’s ability to withhold or grant the written advice and to set dates functions as the primary administrative control over who may lawfully use the exemption.
Interaction with CASR, CAR and other law
The instrument expressly applies to operators according to its terms (s 4). It removes particular CASR obligations for eligible operators while leaving CASA’s wider regulatory powers and the rest of the CASR and CAR framework intact. Although the instrument does not set out civil or criminal sanctions, an operator that falls outside the instrument’s eligibility, or that breaches its conditions while relying on an exemption, will be subject to the underlying statutory obligations in CASR, CAR or CAO. The instrument also notes cross‑references to MOS and CAO provisions and, for specific subclauses, explicitly identifies implied consequential effects (for example s 36 Notes 1-2). Enforcement therefore remains a function of CASA’s standard regulatory toolkit under the Civil Aviation Act, CASR and CAR, rather than proprietary penalties established within this instrument.
Limitations in the instrument’s enforcement language
The instrument does not specify processes for revocation of an individual operator’s exemption, nor does it set out a graduated sanctioning regime; it relies on CASA’s capacity to withhold or give the written advice and to set the expiry date for the exemption, and on the existence of the underlying CASR obligations which would apply if the exemption is not validly in force. The instrument likewise does not specify appeal or review pathways for CASA decisions under this instrument itself; such remedies, if any, will be located in the Civil Aviation Act, CASR and administrative law principles outside the instrument.
In short, enforcement in practice will be exercised through CASA’s administrative discretion to specify dates and grant written advice, and through the re‑application of standard CASR/CAR requirements if an exemption’s conditions are not met; the instrument contains no standalone new penalty clauses.
How it interacts with other laws
This instrument is explicitly conceived as a transitional, instrument‑level modification of obligations under CASR, CAR, CAOs and MOS provisions, and it repeatedly cross‑references and preserves the continuing effect of prior exemption instruments. Its interaction with the broader legal framework is therefore structural and procedural.
Direct relationship with CASR, CAR, CAO and MOS
The instrument grants exemptions from specified CASR regulations (for example the list in s 6 for Part 2; s 16, s 26, s 36, s 41, s 46, s 51 for other Parts). It also references specific CAOs and MOS chapters as in force immediately before 2 December 2021 (for example references to CAO 20.11 in s 36(2)(b)(i), to CAO 82.1 in s 46(2)(b), and to CAO 82.3/82.5 in s 50). Several notes identify implied consequential effects where an exemption from a paragraph has the practical effect of exempting related subregulations or MOS chapters (for example s 36 Note 1 and Note 2; s 46 Note 1 and Note 2). The instrument therefore provides a temporary overlay to the existing rules rather than supplanting them permanently.
Temporal references to pre‑2 December 2021 law
Multiple operative sections apply eligibility or content requirements “as in force immediately before 2 December 2021” (see ss 5(1)(a)(iii), 15(1)(a)(iii), s 35(1)(b) and many other locations). That approach ties the availability of exemptions and the content expectations to the historical regulatory regime at or before that date, making the instrument a transitional bridge between the pre‑2021 regulatory settings and the later CASR requirements.
Interaction with other CASA exemption instruments
The instrument explicitly continues approvals and advice given under CASA EX87/21 (s 55(1)-(2)) and contains cross‑references and notes that point operators to other CASA exemption instruments for particular approvals. For example:
The notes in s 38(1) and s 48(1) refer to approvals under section 20B or 17 of CASA EX84/21 or CASA EX86/21 where the proposed T&C content involves the use of an individual to conduct specified training or checks.
The notes in s 43(1) reference CASA EX85/21 when proposed T&C exposition content includes use of an individual to conduct specified training or checks referenced in that instrument.
The instrument cautions that receipt of CASA advice under its paragraphs is not the same as the separate approvals required under those other exemption instruments (for example s 38(1) Note 2, s 43(1) Note 2, s 48(1) Note 2).
Incorporation and saving clauses
The instrument provides that any document incorporated into it is incorporated as it is in force from time to time unless a contrary intention is expressed (s 3(4)). That means the instrument’s cross‑references to external instruments may follow those instruments as they are amended, subject to any express temporal exceptions already present in the instrument.
Effect on CAO/MOS obligations and implied scopes
In some cases exemption from a particular MOS paragraph is limited and explicitly does not extend to another MOS provision (for example s 46(2) states that the exemptions under s 46(1)(e) and (f) do not extend to paragraph 23.03(2)(e) of the Part 138 MOS). In that case the instrument creates a carve‑out and a direction,operators must ensure training required under paragraph 23.03(2)(e) of the MOS is conducted as if section 23.10 of the MOS applied (s 46(3)). That is an example of the instrument selectively preserving some MOS obligations while exempting others.
Interplay with CASA’s administrative discretion and oversight
The instrument delegates to CASA the power to set operator‑specific dates and to accept or withhold written advice allowing an operator to use proposed content for compliance (for example s 8(1)(a)-(b) and equivalents). CASA’s ability to specify such dates and to carry forward prior EX87/21 approvals (s 55) makes administrative interactions centre stage in implementation.
Net effect
The instrument temporarily relaxes certain regulatory obligations but requires specific preparations to be documented and submitted. It therefore functions as a time‑bound modification to the CASR/MOS/CAO architecture, preserving CASA oversight and relying on CASA’s other instruments and approvals where individual elements require separate authorisations. Operators must therefore engage with the entire regulatory mosaic,CASR, MOS, CAOs and other CASA exemption instruments,to secure full lawful operation once the exemption period ends.
Amendment history
The instrument itself supplies minimal internal amendment history; it records its own commencement and repeal dates and explicitly preserves aspects of the predecessor instrument CASA EX87/21. The instrument is self‑contained and does not state any prior amendments to itself or subsequent amendments.
Recorded dates and continuity with earlier instrument
Name and commencement: The instrument is titled CASA EX73/24 - Flight Operations Regulations - SMS, HFP&NTS and T&C Systems - Supplementary Exemptions and Directions Instrument 2024 (s 1) and commences on 2 December 2024 (s 2(a)). It is repealed at the end of 1 December 2027 (s 2(b)), giving it a three‑year operative window.
Continuity with CASA EX87/21: Section 55 provides transitional provisions preserving the effect of approvals and advice given by CASA under CASA EX87/21 that were in force immediately before this instrument’s commencement. Section 55(1) provides that any such approval or advice continues as if given under this instrument and subject to the same terms and conditions. Section 55(2) preserves any dates specified in writing by CASA under CASA EX87/21 as if they were specified for the purposes of this instrument.
Temporal benchmarking and incorporation
The instrument repeatedly references the state of certain laws “as in force immediately before 2 December 2021” when defining eligibility and content obligations (for example s 5(1)(a)(iii), s 35(1)(a)(iii), s 36(2)(b)(i) and other provisions). Where the instrument refers to other documents being incorporated, s 3(4) provides that any document incorporated is incorporated “as it is in force from time to time” unless a contrary intention is expressed. That means incorporated material will follow later amendments unless the instrument expressly fixes a historical version.
No internal amendment record in the instrument text
The instrument text supplied contains no schedule or section recording prior amendments to the instrument itself, and lists no subsequent amending instruments. It does, however, expressly preserve earlier administrative instruments and their dates as noted.
What the instrument does not say about amendment
The instrument does not identify the process or thresholds by which CASA might alter the specified dates for submission in a way that affects particular classes, nor does it set out a statutory path to extend the repeal date beyond 1 December 2027. Any such extensions or modifications would have to occur through further legislative or administrative instruments not recorded within this text.
In sum, the instrument is a three‑year, transitional instrument commencing 2 December 2024 and ending 1 December 2027, expressly carrying forward the administrative architecture and specified dates previously established under CASA EX87/21. The instrument itself does not record a sequence of internal amendments.
Litigation history
The instrument text contains no reference to litigation, judicial decisions, or administrative appeals. It does not name any cases, and it does not record prior court or tribunal determinations that bear on its interpretation. The instrument instead preserves administrative decisions and dates from the prior exemption instrument (CASA EX87/21) as a matter of statutory continuation (s 55).
What the absence of litigation references means in practice
Because the instrument contains no judicial history, any legal disputes about its application, the validity of particular exemptions, or CASA’s exercise of powers under the instrument would have to be resolved through normal administrative law channels,judicial review of administrative action, merits review where available under the governing statutes, or enforcement proceedings under the Civil Aviation Act or CASR/CAR. The instrument does not itself create or identify internal appeal routes.
How to look for relevant decisions outside this instrument
Any decisions that interpret CASA’s discretion to specify dates, to grant written advice under the instrument, or to determine eligibility for exemptions would appear in separate administrative or judicial records. The instrument preserves CASA EX87/21 approvals and dates by operation of s 55, so prior administrative decisions under EX87/21 may remain relevant administratively; the instrument does not, however, catalogue or summarise any associated judicial determinations.
Practical consequence for operators and advisers
Practitioners should not expect the instrument to provide authoritative precedent; instead, legal challenges (for example to CASA’s refusal to give written advice or to the content of directions) will be governed by the Civil Aviation Act, CASR, CAR and general administrative law. Because this instrument sets out detailed operational conditions and submission pathways, disputes are more likely to arise around factual compliance, CASA’s administrative discretion in specifying dates, and the sufficiency of submitted exposition/manual content rather than abstract statutory interpretation within the instrument itself.
Gotchas
The instrument contains numerous traps for the unwary that are practical rather than doctrinal. The pitfalls arise from its tight temporal eligibility tests, administrative discretion to set dates, partial or limited carve‑outs from particular requirements, dependencies on other CASA exemption instruments, and detailed recordkeeping obligations that leave space for operational error.
Temporal eligibility and “immediately before 2 December 2021”
Multiple Parts make eligibility depend on having held an AOC, or been an “early applicant” whose application was under consideration, immediately before 2 December 2021 (for example s 5(1), s 15(2), s 25(1), s 35(1), s 40(1), s 45(2), s 50(1)). That temporal definition is strict: operators whose status changed after that date or who applied later may not be eligible. The instrument defines “early applicant” with a 90‑day pre‑commencement threshold (s 3(1)), which is precise and potentially excluding.
Exclusion of operators subject to reg 11.245 directions
If an operator was the subject of a direction under regulation 11.245 to have an SMS, HFP&NTS program, or FDAP, the operator is excluded from relief in multiple Parts (see repeated qualifications in ss 5, 15, 25, 50). Operators and advisers must check past regulatory letters/directions carefully.
CASA‑specified dates create uncertainty
The instrument delegates timing to CASA by requiring operators to submit proposed content “not later than the end of a date specified in writing by CASA” (for example s 8(1)(a) and equivalents). While the instrument’s notes say CASA will give at least three months’ notice via its website and communications, the operative power remains with CASA. Operators may therefore be exposed to last‑minute dates tied to their individual circumstances; reliance on prior EX87/21 specified dates is preserved but only to the extent that such dates were set and remain in force (s 55(2)).
Limited early use of proposed content and narrow exceptions
The instrument allows use of proposed content for purposes other than compliance with civil aviation legislation (for example s 8(3) and equivalents). This is narrow: using the proposed content to meet a customer’s contractual requirement is permitted, but using it to satisfy CASR compliance is not allowed until CASA’s written advice is obtained or until the exemption expires. Starting operations that would have been lawful only under the full CASR obligations without first securing CASA’s written advice risks operating outside the statutory framework.
Partial exemptions and carve‑outs
Several exemptions are partial or expressly limited. For example, s 6(g) exempts paragraph 119.205(1)(e) only “in relation to the safety manager”, and s 16(f) exempts paragraph 138.155(1)(e) only “to the extent that it applies to the safety manager”. Part 10’s exemptions in s 46(1)(e)-(f) are expressly limited by s 46(2), which says the exemptions do not extend to paragraph 23.03(2)(e) of the Part 138 MOS. That MOS paragraph must be treated differently, and s 46(3) directs relevant training to be conducted as if section 23.10 of the MOS applied.
Dependencies on other CASA exemption instruments for individual approvals
The instrument’s notes warn that if the proposed T&C exposition/manual content includes the use of an individual to conduct a specified training or check, supporting documents may need to include an application for approval under another CASA exemption instrument (for example s 38(1) Note 2 referring to CASA EX84/21 section 20B; s 43(1) Note 2 referring to CASA EX85/21 section 20A; s 48(1) Note 2 referring to CASA EX86/21 section 17). Receipt of advice from CASA under the named sections of this instrument is explicitly not the same as the other instruments’ approvals (for example s 38(1) Note 2). That creates a two‑step process and potential delays.
Recordkeeping horizons left to operator exposition/operations manual
The instrument requires retention of records “for the relevant period identified in the operator’s exposition” or operations manual (for example s 7(2)(d)(ii), s 36(2)(e), s 41(2)(e), s 46(2)(d)). The instrument does not fix those retention periods, so operators must affirmatively set and justify retention periods in their exposition/manual. Failure to specify an appropriate period may leave a gap between regulatory expectations and operational practice.
Specific training content requirements for new multi‑crew contexts
Where an operator did not conduct multi‑crew operations before 2 December 2021, the instrument requires that prior training for the pilot in command include training in pilot responsibilities and pilot incapacitation (see s 36(2)(c) and s 41(2)(c)). Operators transitioning to multi‑crew operations must ensure training syllabi and competency assessment cover those items; the instrument does not supply model syllabi.
Implied consequential effects
Some exemptions carry “implied consequential effect” language which can cause confusion (for example s 36 Note 1: exemption from para 133.370(2)(g) has the implied consequential effect of exempting subreg 133.370(4) and Chapter 12 of the Part 133 MOS). Advisers should map the knock‑on MOS/CAO chapters to determine the full practical effect of any exemption.
Forms and supporting documents
Multiple sections require submission “accompanied by the relevant approved Form (if any)” (for example s 8(2)). Failure to lodge the correct form may mean CASA treats a submission as incomplete. The instrument does not list the forms; practitioners must identify and use the correct approved Forms.
Preservation of EX87/21 approvals and dates but not substance
Section 55 preserves the administrative continuity of EX87/21 approvals and dates, but operators relying on such prior approvals should verify continuing applicability, any terms and conditions, and whether the content meets current CASA expectations as carried forward under this instrument.
In short, the interplay of tight historical eligibility, CASA’s discretion on dates, cross‑references to other instruments for approvals, non‑standard record retention mechanisms, and partial carve‑outs are the principal “gotchas” to watch for.
How to comply
Compliance under this instrument is operational and administrative as much as substantive. The following is a practical checklist and sequence of steps that a relevant operator or its advisers should follow, grounded in the instrument’s provisions and the cross‑references it makes.
Establish eligibility precisely
Confirm that the operator was an AOC holder immediately before 2 December 2021, or an “early applicant” whose application was made at least 90 days before that date and still under consideration as at the commencement date (see s 3(1) definition of “early applicant” and the application clauses in relevant Parts, e.g. s 5, s 15, s 25, s 35, s 40, s 45, s 50). Check whether the operator was subject to a direction under reg 11.245 at that time; if so, the operator may be excluded (see s 5(1)(b), s 15(2)(b), s 25(1)(b), s 50(1)(c)).
Identify which Part and which exemptions apply
Map your operations to the Parts:
Part 2 (SMS) applies to certain Australian air transport operators excluding Part 142 activities and RPT (s 5).
Part 4 (SMS for aerial work) applies to aerial work operators excluding certain Part 142 activities (s 15).
Part 6 (HFP&NTS) applies to certain Australian air transport operators (s 25).
Part 8 (T&C - Part 133 rotorcraft), Part 9 (T&C - Part 135/Subpart 121.Z aeroplanes), Part 10 (T&C - aerial work operators) set out the T&C exemptions (ss 35, 40, 45).
Part 11 (FDAP) applies to certain operators including RPT, charter or aerial work (s 50).
See the specific lists of regulations and paragraphs exempted in ss 6, 16, 26, 36, 41, 46, 51.
Prepare required exposition/manual content to meet CASA expectations
For each exemption relied upon, prepare the proposed SMS exposition content, SMS manual content, HFP&NTS program exposition content, T&C exposition/manual content, or FDAP exposition content as required by the relevant Part (see s 8, s 18, s 28, s 38, s 43, s 48, s 53). The content should address:
The instrument’s safety conditions: active risk identification by operational safety‑critical personnel, escalation to key personnel, review and implementation of corrective controls where required, recording and retention of risks and corrective actions, and documented procedures in the exposition or operations manual (see s 7(2), s 17(2), and equivalents).
Training and competency requirements for T&C: ensure training records include the minimum content the instrument lists (for example s 36(2)(d), s 41(2)(d), s 46(2)(c)), and specify retention periods in the exposition/operations manual.
If the operator did not previously conduct multi‑crew operations, ensure pilot in command training includes pilot responsibilities and pilot incapacitation training as mandated (see s 36(2)(c), s 41(2)(c)).
Check for dependencies on other CASA instruments and secure separate approvals if required
If the proposed T&C content includes the use of an individual to conduct a specified training or check, check whether that individual requires an approval under another CASA instrument (see s 38(1) Note 2 referencing CASA EX84/21 section 20B; s 43(1) Note 2 referencing EX85/21 section 20A; s 48(1) Note 2 referencing EX86/21 section 17). Prepare and lodge any such approval applications in parallel.
Assemble and lodge submissions with forms
Submit the proposed content and any specified supporting documents to CASA by the date specified in writing by CASA (see s 8(1)(a) and equivalents). Ensure submissions are accompanied by the relevant approved Form (if any) as required by s 8(2) and similar clauses in other Parts. Track whether any previously specified date exists under CASA EX87/21 preserved by s 55(2).
Do not use proposed content for compliance until CASA’s written advice or until the exemption expires
Unless CASA gives written advice that the operator may use its proposed content for compliance (s 8(1)(b) and equivalents), do not use proposed content to meet CASR obligations. The instrument permits using proposed content for non‑regulatory purposes (for example contractual requirements) prior to CASA’s written advice (s 8(3) and equivalents), but that is limited in scope.
Maintain the specified operational behaviours while relying on the exemption
While operating under the exemption, ensure operational safety‑critical personnel actively identify and escalate safety risks, key personnel review and address them promptly, corrective controls are implemented through exposition/operations manual changes where required, and records are maintained and retained for the periods specified in the operator’s exposition or operations manual (s 7(2) and equivalents). Ensure head of flying operations or head of operations takes the responsibilities the instrument assigns (for example s 36(2)(a), s 46(2)(a)).
Specify and document record retention periods in exposition/operations manual
The instrument requires retention “for the relevant period identified in the operator’s exposition” or operations manual (for example s 7(2)(d)(ii)). Set those retention periods transparently, justify them against operational and regulatory needs, and ensure retention systems can deliver the records for audit or inspection.
Monitor CASA communications for specified dates and written advice
CASA has the power to specify the submission date and expiry date for each operator; the instrument’s notes indicate CASA will give at least three months’ notice via website and communications (see recurring Note 1 in ss 8, 18, 28, 38, 43, 48, 53), but operators must watch for their written notices. Keep records of any written advice or dates provided by CASA, including any approvals carried over from CASA EX87/21 as preserved by s 55.
Prepare for transition when the exemption expires
Exemptions expire at the end of a date specified in writing by CASA for each operator (ss 9, 19, 29, 39, 44, 49, 54). Operators should use the period before expiry to finalise exposition/manual content, secure any necessary approvals, and be ready to operate under the full CASR, MOS and CAO obligations once the exemption ends.
Maintain an audit trail and governance documentation
Given the instrument’s emphasis on key personnel oversight and recordkeeping, maintain clear delegation documents assigning responsibilities to key personnel, heads of flying operations, heads of training and checking, and safety managers. Retain copies of submitted proposed content, forms, CASA correspondence, and the internal procedures that implement the instrument’s conditions.
Seek specialist regulatory advice where questions of scope arise
Where exemptions are partial or where MOS/CAO cross‑references create ambiguity (for example the carve‑out in s 46(2) regarding paragraph 23.03(2)(e) of the Part 138 MOS), seek targeted regulatory advice and engage proactively with CASA on the content and sufficiency of proposed expositions/manuals.
This sequence is grounded in the instrument’s requirements: eligibility tests (see application sections), submission deadlines and forms (see the directions sections), the prohibition on using proposed content for compliance until CASA’s written advice (see s 8(1)(b) and equivalents), and the substantive safety behaviours and recordkeeping the instrument obliges operators to adopt (see ss 7(2), 17(2), 36(2), 41(2), 46(2)).
Part 8Training and checking systems — Australian air transport operators — Part 133 operations — rotorcraft — exemptions
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.
HFP&NTS program exposition content means the content of a relevant Australian air transport operator’s exposition about HFP&NTS program matters, for the operator’s proposed compliance with the provisions mentioned in section 26.
human factors principles or HFP has the meaning given by the CASR Dictionary.
key personnel has the meaning given by the CASR Dictionary.
MOS is short for Manual of Standards.
non-technical skills or NTS has the meaning given by the CASR Dictionary.
operational safety-critical personnel has the meaning given by the CASR Dictionary.
Part 121 operation has the meaning given by the CASR Dictionary.
Part 133 operation has the meaning given by the CASR Dictionary.
Part 142 activity has the meaning given by subregulation 142.015(1) of CASR.
regular public transport operation has the same meaning as in paragraph 2(7)(c) of CAR, as in force immediately before 2 December 2021.
safety management system or SMS:
(a) for an Australian air transport operator — has the meaning given by the CASR Dictionary; and
(b) for an aerial work operator — has the same meaning as in regulation 138.145.
scheduled air transport operation has the meaning given by the CASR Dictionary.
SMS exposition content means the content of a relevant Australian air transport operator’s exposition about SMS, for the operator’s proposed compliance with the CASR provisions from which a relevant Part of this instrument has exempted the operator.
SMS manual content means the content of an aerial work operator’s safety management system manual for the operator’s proposed compliance with the CASR provisions from which a relevant Part of this instrument has exempted the operator, and includes any related content contained in the operator’s operations manual.
Subpart 121.Z operation means an operation mentioned in subregulation 121.005(2).
T&C is short for training and checking.
T&C exposition content means the content of an Australian air transport operator’s exposition about training and checking matters for the operator’s proposed compliance with the CASR provisions from which a relevant Part of this instrument has exempted the operator.
T&C manual content means the content of an aerial work operator’s training and checking manual for the operator’s proposed compliance with the CASR provisions from which a relevant Part of this instrument has exempted the operator, and includes any relevant content contained in the operator’s operations manual.
the Act means the Civil Aviation Act 1988.
(2) Subject to subsection (1), in this instrument, words and expressions have the same meaning as in CASR, the CASR Dictionary and the Act, as applicable.
(3) To avoid doubt, in this instrument, unless a contrary intention appears, mention of a provision with one of the following prefixes is a reference to that provision as contained in the Part of CASR that uses the same prefix in its title:
“11.”, “119.”, “121.”, “133.”, “135.”, “138.”.
(4) Unless the contrary intention is expressed, any document incorporated into this instrument is so incorporated as it is in force from time to time.
4 Application
This instrument applies to operators according to its terms.
Part 2 Safety management systems — Australian air transport operators — excluding certain Part 142 activities — exemptions
Part 2 Safety management systems – Australian air transport operators – excluding certain Part 142 activities – exemptions
5 Application of Part 2
This Part applies to an Australian air transport operator (the relevant operator) who, immediately before 2 December 2021:
(a) held an AOC, or was an early applicant for an AOC or an AOC variation that:
(i) authorised charter operations, or aerial work (air ambulance) operations; and
(ii) did not authorise regular public transport operations; and
(iii) did not authorise Part 142 activities in an aircraft; and
(b) was not the subject of a direction under regulation 11.245 to have an SMS.
6 Exemptions
A relevant operator is exempted from compliance with the following provisions:
(a) regulation 119.035;
(b) subparagraphs 119.130(1)(b)(iii) and (v);
(c) paragraph 119.130(1)(c);
(d) regulation 119.155;
(e) regulation 119.160;
(f) regulation 119.190;
(g) paragraph 119.205(1)(e), but only in relation to the safety manager.
Note For exemption in relation to FDAP requirements under regulation 119.195, refer to Part 11 of this instrument.
7 Conditions of the exemptions — safety
(1) It is a condition of the exemptions in section 6 that the relevant operator must not commence scheduled air transport operations until the relevant operator has complied with the directions in section 8.
(2) It is a condition of the exemptions in section 6 that the relevant operator must ensure that:
(a) operational safety-critical personnel (the personnel) actively seek to identify any safety risks arising from the operator’s operations; and
(b) the personnel bring identified safety risks to the attention of the operator’s key personnel as soon as practicable; and
(c) the operator’s key personnel:
(i) review the identified safety risks; and
(ii) if ongoing aviation safety requires the risks to be addressed — implement corrective safety controls as soon as practicable through changes to the operator’s exposition; and
(d) the operator’s key personnel oversee the recording, and retention for the relevant period identified in the operator’s exposition, of:
(i) the identified safety risks; and
(ii) the corrective safety controls implemented to address those risks; and
(e) procedures are set out in the operator’s exposition designed to achieve the outcomes mentioned in paragraphs (a) to (d).
8 Directions to take preparatory steps
(1) A relevant operator who has taken the benefit of any exemption under section 6 must:
(a) not later than the end of a date specified in writing by CASA — give CASA the proposed SMS exposition content, along with any supporting documents that are specified in writing by CASA; and
Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed SMS exposition content.
Note 2 Any date specified in writing under paragraph 8(1)(a) of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).
(b) subject to subsection (3), not commence using its proposed SMS exposition content until the day it receives CASA’s written advice that it may do so.
Note 1 Receiving the written advice would permit a relevant operator to use the proposed SMS exposition content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 9.
Note 2 Any advice given under paragraph 8(1)(b) of CASA EX87/21 continues in force as if given under this instrument — see subsection 55(1).
(2) For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).
(3) Paragraph (1)(b) does not apply to an operator’s use of its proposed SMS exposition content for purposes other than compliance with civil aviation legislation.
Note For example, paragraph (1)(b) does not prevent an operator using its proposed SMS exposition content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an SMS.
9 Expiry of the exemptions
The exemptions under section 6 expire for a relevant operator at the end of a date specified in writing by CASA.
Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of the specified date.
Note 2 Any date specified in writing under section 9 of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).
Part 4 Safety management systems — aerial work operations — excluding certain Part 142 activities — exemptions
Part 4 Safety management systems – aerial work operations – excluding certain Part 142 activities – exemptions
15 Definition and application of Part 4
(1) In this Part:
relevant aerial work operation means an aerial work operation for which the aerial work operator:
(a) is required to have an SMS under subregulation 138.140(1); and
(b) is not relieved of that requirement by subregulation 138.140(2).
(2) This Part applies to an aerial work operator (the relevant operator) who, immediately before 2 December 2021:
(a) held an AOC, or was an early applicant for an AOC or an AOC variation, that:
(i) authorised an aerial work operation (other than an aerial work (air ambulance) operation); and
(ii) did not authorise regular public transport operations; and
(iii) did not authorise Part 142 activities in an aircraft; and
(b) was not the subject of a direction under regulation 11.245 to have an SMS.
16 Exemptions
A relevant operator is exempted from compliance with the following provisions:
(a) paragraphs 138.085(1)(c) and (d);
(b) regulation 138.110;
(c) regulation 138.115;
(d) regulation 138.140;
(e) regulation 138.145;
(f) paragraph 138.155(1)(e), but only to the extent that it applies to the safety manager.
17 Conditions of the exemptions — safety
(1) It is a condition of the exemptions in section 16 that the relevant operator must not commence a relevant aerial work operation of a kind that the operator was not authorised to conduct immediately before 2 December 2021 until the relevant operator has complied with the directions in section 18.
(2) It is a condition of the exemptions in section 16 that the relevant operator must ensure that:
(a) operational safety-critical personnel (the personnel) actively seek to identify safety risks arising from the operator’s operations; and
(b) the personnel bring identified safety risks to the attention of the operator’s key personnel as soon as practicable; and
(c) the operator’s key personnel:
(i) review the identified safety risks; and
(ii) if ongoing aviation safety requires the risks to be addressed — implement corrective safety controls as soon as practicable through changes to the operator’s operations manual; and
(d) the operator’s key personnel oversee the recording, and retention for the relevant period identified in the operator’s operations manual, of:
(i) the identified safety risks; and
(ii) the corrective safety controls implemented to address those risks; and
(e) procedures are set out in the operations manual designed to achieve the outcomes mentioned in paragraphs (a) to (d).
18 Directions to take preparatory steps
(1) A relevant operator who has taken the benefit of any exemption under section 16 must:
(a) not later than the end of a date specified in writing by CASA — give CASA the proposed SMS manual content, along with any supporting documents that are specified in writing by CASA; and
Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed SMS manual content.
Note 2 Any date specified in writing under paragraph 18(1)(a) of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).
(b) subject to subsection (3), not commence using its proposed SMS manual content until the day it receives CASA’s written advice that it may do so.
Note 1 Receiving the written advice would permit a relevant operator to use the proposed SMS manual content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 19.
Note 2 Any advice given under paragraph 18(1)(b) of CASA EX87/21 continues in force as if given under this instrument — see subsection 55(1).
(2) For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).
(3) Paragraph (1)(b) does not apply to an operator’s use of its proposed SMS manual content for purposes other than compliance with civil aviation legislation.
Note For example, paragraph (1)(b) does not prevent an operator using its proposed SMS manual content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an SMS.
19 Expiry of the exemptions
The exemptions under section 16 expire for a relevant operator at the end of a date specified in writing by CASA.
Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of the specified date.
Note 2 Any date specified in writing under section 19 of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).
Part 6 Human factors principles and non-technical skills — Australian air transport operators — exemptions
Part 6 Human factors principles and non-technical skills – Australian air transport operators – exemptions
25 Application of Part 6
This Part applies to an Australian air transport operator (the relevant operator) who, immediately before 2 December 2021:
(a) held an AOC, or was an early applicant for an AOC or an AOC variation, that:
(i) authorised charter operations, or aerial work (air ambulance) operations; and
(ii) did not authorise regular public transport operations; and
(b) was not the subject of a direction under regulation 11.245 to have an HFP&NTS program for the operator’s charter operations or aerial work (air ambulance) operations.
26 Exemptions
A relevant operator is exempted from compliance with the following provisions:
(a) paragraph 119.130(1)(e), but only to the extent that it applies to training and checking of operational safety-critical personnel (other than flight crew) in an HFP&NTS program;
(b) regulation 119.175;
(c) regulation 119.180;
(d) regulation 119.185.
27 Conditions of the exemptions — safety
It is a condition of the exemptions in section 26 tha
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