5AApproval of non-compliance

5A Approval of non-compliance

5A.1 CASA may, on application or on its own initiative, by instrument in writing, approve limited or minor non-compliance with the requirements of a specified provision of this CAO.

5A.2 An approval has the effect that the specified provision of this CAO does not apply to the AOC holder to whom the approval applies, provided that any conditions expressed in the approval are complied with.

Note The expression AOC holder includes the holder of a Part 138 certificate or a Part 141 certificate: see the definition of AOC holder in subsection 6.

5A.3 An approval mentioned in paragraph 5A.2 has the effect that the specified provision of this CAO does not apply to the AOC holder’s flight crew members.

5A.4 CASA must not grant an approval unless CASA is satisfied that compliance with the approval, including any conditions of the approval, will preserve an acceptable level of aviation safety.

5A.5 An instrument of approval is a legislative instrument if the instrument is expressed to apply to a class of AOC holders.

5A.6 An instrument of approval is not a legislative instrument if the instrument is expressed to apply to a particular AOC holder.