2Commencement

2 Commencement

2.1Sections 1, 2, and 4 of this instrument commence on the day after registration.

2.2Subject to subsections 2.2A and 2.3, section 3 commences on 30 September 2019.

Note The effect of subsection 2.2 is that the amendments to Civil Aviation Order 48.1 Instrument 2013 contained in Schedule 1 of the Civil Aviation Order 48.1 Amendment Instrument 2016 (No. 1) (as amended) commence on 30 September 2019 for the regular public transport operations, in high capacity aircraft, of an AOC holder. But such AOC holders may opt-in earlier.

2.2ADespite subsection 2.2, and subject to subsection 2.3, section 3 does not take effect until 26 March 2020 for:

(a) the operations of any AOC holder that are not regular public transport operations, in high capacity aircraft, to which Civil Aviation Order 82.5 applies; or

(b) any Part 141 operator.

Note Subsection 2.2A delays the effect of amendments to Civil Aviation Order 48.1 Instrument 2013, contained in Schedule 1 of the Civil Aviation Order 48.1 Amendment Instrument 2016 (No. 1) (as amended), until 26 March 2020 for the operations of an AOC holder that are not regular public transport operations in high capacity aircraft, and for any Part 141 operator. But such AOC holders and Part 141 operators may opt-in earlier.

2.3Despite subsections 2.2 and 2.2A, section 3 takes effect for a person in accordance with section 4.

Note This provision enables the early opt-in process mentioned in section 4.

3 Amendment of Civil Aviation Order 48.1 Instrument 2013

Schedule 1 amends the Civil Aviation Order 48.1 Instrument 2013.

4 Early opting-in to the amendments

4.1 In this section:

amended new Order means Civil Aviation Order 48.1 Instrument 2013, as it will be in force when section 3 of this instrument commences.

new Order means Civil Aviation Order 48.1 Instrument 2013, as in force immediately before Civil Aviation Order 48.1 Amendment Instrument 2016 (No. 1) was made.

the transition date means:

(a) 30 September 2019 — for the regular public transport operations, in high capacity aircraft, of any AOC holder to whom Civil Aviation Order (CAO) 82.5 applies; and

Note A “high capacity aircraft” is defined in subsection 2 of CAO 82.0 as “an aircraft that is certified as having a maximum seating capacity exceeding 38 seats or a maximum payload exceeding 4 200 kg”.

(b) 26 March 2020 for:

(i) the operations of any AOC holder that are not described in paragraph (a); and