4Delayed and transitional taking of effect

4 Delayed and transitional taking of effect

4.1A In this subsection:

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 operations of any AOC holder that are not described in paragraph (a).

4.1 This Order takes effect on 30 April 2013 for the following:

(a) a person who, on or after the commencement of this Order:

(i) applies to CASA for the issue of an AOC; and

(ii) as a result of the application — becomes the holder of an AOC (an AOC holder);

(b) each flight crew member of a person mentioned in subparagraph (a);

(c) for paragraph 16.1 — each person who:

(i) immediately before the commencement of this Order was the holder of a flight crew licence; or

(ii) on or after the commencement of this Order becomes the holder of a flight crew licence.

4.2 Despite subsection 3, on and after the commencement of this Order the Orders mentioned in a paragraph of subsection 3 are taken to no longer apply to the following:

(a) a person mentioned in sub-subparagraph 4.1 (a) (i) — if, after the commencement of this Order, but before the transition date, the person becomes an AOC holder mentioned in sub-subparagraph 4.1 (a) (ii);

4.3 Subject to paragraph 4.4, this Order applies to an AOC holder (a transitional AOC holder) on and from the transition date if the holder has held an AOC since immediately before the commencement of this Order.

4.4 At any time after commencement of this Order but before the transition date, a transitional AOC holder may tell CASA in writing that the holder intends to comply with the requirements of this Order from a specified date that is before the transition date, for all of the holder’s operations or for specified operations only.

Note The holder may notify different dates for specified operations.

4.5 Where paragraph 4.4 applies, the requirements of this Order take effect, from the specified date, for all of the holder’s operations, or for specified operations only, as the case may be, for:

(a) the transitional AOC holder; and

(b) each of the holder’s flight crew members.

4.6 If paragraph 4.5 applies then, despite subsection 3, from the date specified by the transitional AOC holder under paragraph 4.4: