18Directions to take preparatory steps

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 3 April 2023 — give CASA an SMS implementation plan; and

(b) 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 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.

(c) 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 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.

(3) Paragraph (1) (c) 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) (c) 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.