38Directions to take preparatory steps

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.

(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.

(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).