Part 2Safety 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).