Civil Aviation Order (Flight Operations) Repeal and Amendment Instrument 2021 (No. 1)

The instrument operates as an amending and repealing instrument across CAOs that govern flight operations, maintenance-related items tied to flight operations, and the interface with CASR/CAR. The principal legal and operational concepts introduced or reinforced are these:

• Reallocation of regulatory scope: Textual substitutions convert broader references to "aerial work, charter or regular public transport" to targeted references to particular CAR paragraphs that define the purpose of flight operations (e.g. paragraph 206(b) or 206(c) of CAR) (Schedule 1, [2], [5]-[7]; Schedule 2, [2]-[3]). That shifts which CAO applies to which category of operation by linking the CAOs to statutory-purpose definitions in CAR rather than generic operation-type labels.
• Operator-level obligations relocated into CAOs: Requirements that were in CAR subregulation 215 (operations manuals and related duties) are restated directly in CAO 82.1 and CAO 82.7 (2.4A-2.4E; 5.5A-5.5E). This anchors manual content and compliance duties at the CAO level and cross-references CASR regulation 11.245 where relevant (Schedule 4 [1] changes to enacting words).
• Electronic Flight Bag (EFB) regime refinement: CAO 82.0 is amended to make the certificate authorising certain operations subject to a condition that the AOC holder and flight crew must comply with applicable requirements in the (revised) Appendix 9 when an EFB is used to view or access authorised aeronautical information (Schedule 1 [13]). Appendix 9 language is changed so that an EFB may be used to view but not alter authorised aeronautical information, and to require a paper back-up for flights where the EFB was intended as a substitute (Schedule 1 [18], [19], [20]).
• Loading systems and PSEA approvals: New obligations require aircraft with an approved loading system to be loaded in accordance with it, and impose a requirement for the operator or representative to compile a passenger list and leave it at the aerodrome of departure (Schedule 2, inserted 2A.1-2A.2). CAO 100.5 introduces and defines PSEA for regulation 11.245 of CASR and requires aircraft to be approved in writing by CASA in the TC/STC/TAC or to have prior ASETPA approval to be operated as a PSEA (Schedule 4, subsection 10.1).
• Maintenance and equipment alignment to Manuals of Standards and CASR: Schedule 4 amends CAO 100.5 to treat NVG maintenance as governed by the Part 133 Manual of Standards for Part 133 flights, and Part 91 Manual of Standards for other flights (Schedule 4, [3]).
• Time-limited directions and transitional mechanics: Several newly inserted directions include explicit expiry clauses (cease to be in force at the end of 1 December 2031), making aspects of the CAO obligations transitional for roughly a ten-year span from commencement (Schedules 2, [5] 2.4F; Schedule 3, [5] 5.5F; Schedule 4, [5] 10.2; Schedule 5, [3] 5.1A).

Mechanically, the instrument deletes numerous definitions and appendices from CAO 82.0 (Schedule 1, [3], [17]), which removes embedded terminology and operational detail from that CAO and channels operators to CASR, CAR, Manuals of Standards, and specific CAOs for the operative requirements. The instrument also expressly amends cross-references to replace mentions of CAR with references to CASR and Manuals of Standards where appropriate (Schedule 1, [14]; Schedule 2, [12]; Schedule 3, [7]).

From a normative design perspective evident in text, the instrument shifts operational duties into instrument-level rules tightly coupled to specified CASR provisions, clarifies equipment use restrictions (EFB), and builds a limited-time transitional architecture for reallocated duties. The instrument does not itself create new penalty amounts or procedural enforcement mechanisms; instead it adjusts the content of CAOs that attach conditions to AOCs and cross-reference the statutory/regulatory enforcement framework.

This instrument affects a defined set of actors within the Australian civil aviation system by changing which CAOs and requirements apply to which operations and by imposing or restating specific operator and pilot duties. The principal affected parties are:

• Air Operator Certificate (AOC) holders: CAO 82.1 and 82.7 are explicitly retargeted. Operators holding an AOC authorising commercial glider passenger-carrying operations (paragraph 206(c) of CAR) remain within CAO 82.1’s scope (Schedule 1, note after 5.1 and Schedule 2, [2]-[3]). Operators whose AOCs authorised other charter, aerial work or regular public transport activities may find those activities fall under other CASR/CAR parts (for example, Part 137 aerial application operations are called out , Schedule 1, note 2, referencing regulation 137.065 of CASR).
• Pilots in command and flight crew: The instrument affects pilot duties regarding use of EFBs (CAO 82.0, substituted 11.1 and Appendix 9 changes , Schedule 1, [13], [18]-[23]), loading-data compliance (Schedule 5, [3] inserting 5.1) and, where an approved loading system exists, the obligation that the operator and pilot ensure that loading follows the approved system (Schedule 2, inserted 2A.1). Training and competency obligations for using EFBs are adjusted to require continuing proficiency in non-EFB documents that complement EFB use (Schedule 1, [22] substituting Appendix 9, subclause 6.3).
• Chief Pilots, Heads of Flight Operations and operations personnel: The instrument relocates operations manual duties into CAOs and mandates that members of operations personnel comply with the manual in relation to their duties (Schedule 2, inserted 2.4E; Schedule 3, 5.5E). CAO 82.1 also contains a note that operators with AOCs authorising Part 137 operations have their requirements in Part 137 of CASR, placing decision-making for some chief-pilot duties under the Part 137 regulatory regime (Schedule 1, note 2).
• Maintenance organisations and aircraft owners: CAO 100.5 amendments define PSEA and require CASA approval in the aircraft’s TC/STC/TAC or rely on prior ASETPA approvals for certain single-engine types (Schedule 4, subsection 10.1 and Appendix 2 changes). NVG maintenance is assigned to specific Manual of Standards sections depending on operation type (Schedule 4, [3]).
• CASA (the regulator): CASA remains the decision-maker for approvals referred to in the CAOs, such as approval of loading data (Schedule 5, [3]), PSEA approvals in the TC/STC/TAC or previous ASETPA approvals (Schedule 4, [5]), and approval of loading systems (Schedule 2, 1A.1 new definition of "approved loading system"). The instrument also repeals two CASA directions (Schedule 6) that CMS and ATSB-related direction instruments previously established.
• Aerodrome operators and aerodrome personnel: The operator or operator’s representative must leave a passenger list for retention at the aerodrome of departure when passengers are carried (Schedule 2, 2A.2), affecting aerodrome record-keeping and potential security or operational procedures at departure points.
• Training organisations for balloons and gliders: CAO 82.7 is retitled and refocused on balloon licence or rating training (Schedule 3, [1]), altering the regulatory instrument that governs those training activities and the content requirements of operations manuals for these operators (Schedule 3, inserted 5.5A-5.5D).

Secondary affected parties include manufacturers and design approval holders who must ensure systems and equipment mentioned in CAO 100.5 Appendix 2 are approved under regulation 21.305 of CASR (Schedule 4, [7] note), and parties that had been subject to the instruments repealed in Schedule 6 (they will need to identify which regulatory requirements now apply after repeal).

Who pays: the immediate compliance costs fall on operators and AOC holders, who must update operations manuals, implement approved loading systems where required, seek CASA approvals or ensure TC/STC/TAC inclusion for PSEA operation, maintain EFB procedures and training, and retain passenger lists at departure aerodromes. CASA bears administrative costs of processing approvals and clarifications, and industry bodies may incur compliance-assistance costs.

Who decides: CASA retains decision-making for approvals and authorisations referenced throughout the amended CAOs, and operators must decide operational changes required to comply (e.g. EFB restrictions, loading systems, manual revisions).

The instrument inserts, substitutes and omits provisions that create concrete duties for operators, pilots, chief pilots and other operations personnel. It also creates conditions on AOCs by tying certain obligations into CAO content. Key duties and corresponding operative text include:

• Operations manual duties: CAO 82.1 and CAO 82.7 now expressly require operators to provide an operations manual for their operations (Schedule 2, inserted 2.4A; Schedule 3, inserted 5.5A). The manual must contain information, procedures and instructions necessary to ensure the safe conduct of flight operations (Schedule 2, 2.4B; Schedule 3, 5.5B). Operators must revise manuals as required by changes in operations, aircraft or equipment, or in light of experience (Schedule 2, 2.4C; Schedule 3, 5.5C). Operators must incorporate amendments across all copies and forward amendments to persons who hold copies (Schedule 2, 2.4D; Schedule 3, 5.5D). Members of operations personnel must comply with instructions in the operations manual insofar as they relate to their duties (Schedule 2, 2.4E; Schedule 3, 5.5E). These directions include sunset clauses ceasing at the end of 1 December 2031 (2.4F; 5.5F).
• Loading-system and passenger-list duties: Where an aircraft has an approved loading system, both the operator and the pilot in command must ensure the aircraft is loaded in accordance with that system (Schedule 2, 2A.1). Where passengers are carried, the operator or representative must compile a passenger list and leave it for retention at the aerodrome of departure, with specified contents (registration, passenger names, date and estimated time of departure, places of embarkation and destination) (Schedule 2, 2A.2).
• Electronic Flight Bag (EFB) duties: CAO 82.0 is amended so that where the pilot in command uses an EFB as a means of viewing or accessing authorised aeronautical information in operations authorised by a specified AOC, the AOC certificate is subject to a condition that the AOC holder must comply with, and ensure flight crew compliance with, applicable requirements in Appendix 9 (Schedule 1, [13] substituting para 11.1). Appendix 9 clarifies that an EFB is permitted to view authorised aeronautical information but not to change that data, and requires paper versions to be available as substitutes for EFBs intended for the flight (Schedule 1, [18], [19], [20]). Training for EFB use must ensure continuing flight crew proficiency in non-EFB documents used to complement EFB use (Schedule 1, [22]).
• Pilot responsibility for loading data: CAO 100.7 is amended to state that where loading data for an aircraft is approved by CASA, the pilot in command must not commence a flight unless the pilot has received evidence and taken necessary action to ensure that the data have been complied with (Schedule 5, [3] substituting para 5.1). This provision has a time-limited direction that ceases at the end of 1 December 2031 (5.1A).
• PSEA approval and compliance: CAO 100.5 defines "PSEA" and requires an aeroplane to meet Appendix 2 requirements and be approved in writing by CASA as a PSEA in the aeroplane’s STC, TAC or TC, or have been approved previously as ASETPA to be operated as a PSEA under regulation 11.245 of CASR (Schedule 4, [2], [5] substituting subsection 10). This direction also ceases at the end of 1 December 2031 (10.2).
• Maintenance standards for NVG: CAO 100.5 specifies that NVGs used in aircraft are not aircraft components for the purposes of subregulation 2(1) of CAR if they are maintained in accordance with specified Manual of Standards sections depending on whether the flight is Part 133 or not (Schedule 4, [3] substituting para 2A.2).
• Conditions on certificates: The CAO text explicitly makes some obligations conditions on the certificate authorising operations (Schedule 1, [13] para 11.1), thereby converting compliance with the CAO provisions into a condition of the AOC.

Rights and decision nodes created or preserved by the instrument include:

• Right to operate within the terms of the AOC subject to CAO conditions: The AOC remains the core instrument authorising operations; the CAO amendments delineate conditions that flow from the certificate, for example in the EFB context (Schedule 1, [13]).
• Right to rely on CASA approvals and design documentation: CAO 100.5 links PSEA operation to written CASA approvals and TC/STC/TAC inclusion, which gives operators a clear path to obtain lawful authorisation (Schedule 4, subsection 10.1).
• Temporary entitlement structure: Some directions are expressly time-limited, creating a temporal right to operate under the changed rules only up to certain dates unless reissued (Schedules 2, 3, 4, 5 indicate ceasing at end 1 Dec 2031).

The instrument does not itself specify penalty amounts or enforcement procedures. Non-compliance with CAOs will operate within the broader enforcement framework of the Civil Aviation Act, CAR and CASR (preamble references). Where CAO clauses are made conditions on AOCs, non-compliance with those clauses can have regulatory consequences under the Act and regulations that govern certificate conditions and enforcement.

The instrument does not create new standalone penalty provisions nor specify monetary penalties. Enforcement and penalties for non-compliance are instead framed by the broader statutory and regulatory architecture under which the instrument is made. The instrument is enacted under the Civil Aviation Act 1988 (paragraph 28BA(1)(b) and subsection 98(4A)) and under specified CAR and CASR regulations (preamble), meaning enforcement follows existing Act and regulation mechanisms rather than new sanctioning clauses in the instrument itself.

Mechanisms by which the instrument links to enforcement:

• Conditions on AOCs: The instrument expressly makes compliance with certain CAO provisions a condition of the certificate authorising specified operations. For example, CAO 82.0 (as amended) states that if the pilot in command uses an EFB for viewing or accessing authorised aeronautical information under an AOC authorising operations under paragraph 206(b) of CAR, the certificate is subject to the condition that the AOC holder must comply with applicable requirements in Appendix 9 (Schedule 1, [13]). Conditions on an AOC are enforceable through the Act’s regulatory framework for certificates and may expose AOC holders to administrative action, including suspension, variation or cancellation, under the Act’s enforcement powers.
• Cross-reference to regulations and Manuals of Standards: Many amended CAO provisions point to CASR regulations and Manuals of Standards (e.g., Schedule 1 [14] substitutes "Civil Aviation Safety Regulations 1998, the Manuals of Standards" for "Civil Aviation Regulations 1998" in Appendix 1). Failure to comply with a Manual of Standards where the CASR requires it can be relevant to regulatory enforcement because the CASR and Act provide compliance and sanctioning mechanisms for regulatory breaches.
• CASA approvals and obligations: Several duties require evidence of CASA approvals or written approvals in TC/STC/TAC (Schedule 4, subsection 10.1; Schedule 5, para 5.1). Non-compliance,operating without required approvals or not observing conditions tied to CASA approvals,would be a regulatory breach subject to enforcement under the Act and CASR.
• Repeal and transitional modifications: The repeal of multiple instruments (Schedule 6) changes the enforcement substrate. Parties previously regulated by instruments repealed should confirm the current applicable rules. Enforcement action taken under repealed instruments before repeal would be governed by transitional statutory provisions and general administrative law, but the instrument itself does not stipulate transitional penalty arrangements.

What the instrument leaves unspecified:

• Monetary fines, infringement notices, or civil penalty amounts: none are specified in the amending instrument. Any punitive or corrective action would be under pre-existing law and policy instruments (Civil Aviation Act, CAR, CASR), which set out penalty regimes elsewhere.
• Administrative procedures for CASA action: the instrument does not set procedural timelines or internal CASA enforcement steps, except where it prescribes approval mechanisms (for example, written approvals in a TC/STC/TAC or CASA approval of loading data).

Practical enforcement implications:

• Making provisions conditions of an AOC increases the regulatory leverage available to CASA via certificate compliance and administrative powers under the Act. For operators, that elevates the practical risk of administrative consequences for non-compliance (suspension, show-cause, etc.) although the instrument does not define those actions.
• Obligations with sunset dates end automatically on the date specified (end 1 December 2031), which can affect enforcement exposure beyond that date unless the CAOs are reissued or amended again. The instrument itself specifies the cease dates for several directions (Schedules 2, 3, 4, 5).
• Operational conformity will be assessed against the amended CAOs and the CASR/CAR/Manuals of Standards cross-references that the CAOs now explicitly invoke.

Users should therefore treat enforcement as exercised through the existing Act/regulation apparatus, with the CAO amendments altering compliance obligations that may form the basis for enforcement actions by CASA.

This instrument is expressly drafted to interact with CAR (Civil Aviation Regulations 1988), CASR (Civil Aviation Safety Regulations 1998), Manuals of Standards, and type-certification documentation (TC/STC/TAC). The interaction is primarily by cross-reference, substitution of regulatory citations, and the relocation of duties between instruments. Key points of legal interaction drawn from the text:

• Cross-reference to statute and regulation: The instrument is made under Civil Aviation Act powers and specific CAR and CASR regulations (preamble). Several amendments replace references to the Civil Aviation Regulations 1988 with references to the Civil Aviation Safety Regulations 1998 and the Manuals of Standards (Schedule 1, [14]; Schedule 2, [12]; Schedule 3, [7]; Schedule 4, [1]). That signals an alignment of CAOs to the CASR regime.
• Delegation and scope linkage to CAR/CASR paragraphs: The CAO wording is adjusted so that which CAO applies depends on the purpose prescribed in particular CAR paragraphs (for example, paragraph 206(b) or 206(c)), i.e., the CAOs now pick up the statutory categorisations set out in CAR (Schedule 1, [2], [5]-[7]; Schedule 3, [2]). This creates a ruleset where CAOs are operationalised through statutory purpose definitions.
• Manuals of Standards and regulation-based requirements: The instrument directs operators and maintenance of certain equipment to the Manuals of Standards for maintenance and operational detail. For example, NVG maintenance must comply with section 11.63 of the Part 133 Manual of Standards for Part 133 operations, and section 26.78 of the Part 91 Manual of Standards for non-Part 133 operations (Schedule 4, [3]). That interaction means substantive technical standards reside in Manuals of Standards rather than in the CAO text, with the CAO making the manuals the operative standard reference.
• Interaction with CASR regulation 11.245: Several amendments explicitly tie CAO provisions to regulation 11.245 of CASR. Schedule 4 changes the enacting words to include regulation 11.245, and CAO 100.5 subsection 10 is for regulation 11.245 of CASR, defining PSEA requirements and approvals (Schedule 4, [1], [5]). Regulation 11.245 is therefore a key node where operators must check the CASR for further requirements.
• Relationship with Part 137 operations: The instrument’s notes explicitly state that from 2 December 2021, operators holding an AOC authorising operation for the purpose in paragraph 206(b) of CAR (commercial Part 137 aerial application operations) are not required to have their Chief Pilot comply with Appendix 1 of CAO 82.0; instead, the requirements are in Part 137 of CASR, with a pointer to regulation 137.065 of CASR (Schedule 1, [11] Note 2). This reallocation shifts the operative compliance standard for those operators to CASR Part 137.
• Type certification and approval interaction: CAO 100.5 requires that aircraft systems and equipment mentioned in Appendix 2 must be approved under regulation 21.305 of CASR, and PSEA inclusion must be on the TC, STC or TAC or otherwise be approved (Schedule 4, [7], [8], subsection 10.1). That links CAO obligations to the type-certification and design approval regime under CASR.
• Repeal of earlier instruments: Schedule 6 repeals various CAOs and CASA directions. That changes the legal landscape by removing instruments previously in force; operators and legal advisers must map which obligations have been moved, restated, or removed and where current requirements now appear in CAOs, CASR, Manuals of Standards, or elsewhere.
• Interaction with administrative law: Because the instrument is made under statutory powers, administrative law remedies and standards apply to CASA’s exercise of powers under the Act. The instrument itself does not alter judicial review principles, but wardrops via altered duties and approvals can give rise to challenges under existing administrative law frameworks.

Operationally, these interactions create a layered compliance model: CAOs set conditions on AOCs and point to CASR/CAR and Manuals of Standards for substantive requirements and technical detail. Practitioners must therefore consult the amended CAOs alongside the CASR, CAR, relevant Manuals of Standards and type-certification documents (TC/STC/TAC) to determine the full compliance picture.

This instrument itself is an amending instrument dated 30 November 2021 and commencing 2 December 2021 (cl 2 and signature block). It consists of a sequence of Schedules that amend particular CAOs and repeals a set of instruments. The text of the instrument records the amendments being made; the following sets out what is changed on a schedule-by-schedule basis, as recorded in the instrument:

• Schedule 1 , Amendment to Civil Aviation Order 82.0:

  • Omits certain subsections and inserts new text that changes scope language from "aerial work operations, charter operations and regular public transport operations" to "the flying or operation of an aircraft for a purpose prescribed by regulation 206 of CAR" (Schedule 1, [2]).
  • Removes a long list of definitions from paragraph 2.1 (Schedule 1, [3], table of definitions omitted).
  • Omits Appendices 2 to 8C and deletes numerous other paragraphs and subsections (Schedule 1, [4], [8], [17]).
  • Substitutes para 11.1 to make EFB use a condition of an AOC for operations under paragraph 206(b) of CAR and ties compliance to Appendix 9 (Schedule 1, [13]).
  • Revises Appendix 9 to change the EFB definition text, require EFBs to be used as view-only for authorised aeronautical information and to ensure paper back-up is carried, along with training on non-EFB documents (Schedule 1, [18]-[22]).

• Schedule 2 , Amendment to Civil Aviation Order 82.1:

  • Changes the instrument title from "Charter operations and aerial work operations" to "Commercial glider passenger operations" (Schedule 2, [1]).
  • Replaces references to charter and aerial work operations with references to paragraph 206(c) of CAR (Schedule 2, [2], [3]).
  • Inserts a new definition for "approved loading system" and adds a suite of operations manual obligations (2.4A-2.4F) that were previously in CAR subregulation 215 (Schedule 2, [4], [5]).
  • Inserts a new "Loading" subsection (2A.1-2A.2) making loading-system and passenger-list duties (Schedule 2, [7]).
  • Removes certain appendices and substitutes manual content cross-references to CASR and Manuals of Standards (Schedule 2, [12], [14]).

• Schedule 3 , Amendment to Civil Aviation Order 82.7:

  • Changes instrument title to "Commercial balloon licence or rating training" (Schedule 3, [1]).
  • Replaces scope text with reference to paragraph 206(a) of CAR (Schedule 3, [2]).
  • Inserts operations manual obligations parallel to Schedule 2 (5.5A-5.5F) including a sunset at end 1 December 2031 (Schedule 3, [5]).
  • Adjusts wording in Appendix 2 to ensure the Chief Pilot phrasing and compliance statements align with the amended regulatory text (Schedule 3, [9], [10]).

• Schedule 4 , Amendment to Civil Aviation Order 100.5:

  • Amends enacting words to include regulation 11.245 of CASR (Schedule 4, [1]).
  • Introduces the PSEA definition (Schedule 4, [2]).
  • Revises NVG maintenance references to specific Manual of Standards sections based on operation type (Schedule 4, [3]).
  • Replaces subsection 10 with a new "Prescribed single-engine aeroplanes (PSEA)" scheme requiring CASA written approval in STC/TAC/TC or reliance on prior ASETPA approval, and inserts a sunset for these directions (Schedule 4, [5]).
  • Adjusts Appendix 2 heading and notes to reference PSEA and link aircraft systems to approval under regulation 21.305 of CASR (Schedule 4, [6]-[8]).

• Schedule 5 , Amendment to Civil Aviation Order 100.7:

  • Revises enacting words to include regulation 11.245 of CASR and other subregulations (Schedule 5, [1]).
  • Replaces references to CAR subregulation citations with CASR paragraph citations (Schedule 5, [2]).
  • Substitutes para 5.1 to require pilot in command to have evidence of CASA-approved loading data and to ensure compliance before flight; inserts a sunset clause ceasing the direction at end 1 Dec 2031 (Schedule 5, [3]).
  • Makes other minor cross-reference amendments (Schedule 5, [4]).

• Schedule 6 , Repeal:

  • Repeals a list of instruments including Civil Aviation Order 82.3 (2004), Civil Aviation Amendment Orders (Nos R54 and R55) 2004, CAO 82.5 Instrument 2004, CAO 82.6 (Night vision imaging system , helicopters) 2007, CASA 30/21 (RCP/RSP capability declarations) Direction 2021, and CASA EX45/21 , ATSB Winching Operations Instrument 2021 (Schedule 6).

The instrument also contains multiple notes indicating where requirements were moved from CAR to CAOs or to Manuals of Standards. Several of the inserted directions and duties are expressly time-limited to cease being in force on 1 December 2031 (Schedules 2, 3, 4, 5). The instrument’s repeal schedule removes legacy instruments that had previously regulated overlapping matters.

No earlier versions of this instrument are included in the text; the Amendment History section therefore records the amendments effected on commencement rather than prior amendment steps. Practitioners should cross-check the CAOs named and the repealed instruments to map obligations that moved or ceased and consult CASR, CAR and Manuals of Standards for related, now-binding technical requirements.

The instrument text itself contains no references to litigation, legal challenges, or judicial decisions. The instrument is an administrative instrument made by the Director of Aviation Safety under statutory authority in the Civil Aviation Act 1988 and relevant CAR and CASR regulations (preamble). Consequently, any litigation that touches on the instrument’s application would be within the ordinary administrative law and statutory review channels in Australia, pursued under the Civil Aviation Act or through judicial review of administrative action, but the instrument does not record any past or pending litigation.

What the instrument does provide that is legally relevant to potential judicial review or administrative challenge:

• It is made under express statutory powers: the preamble states the specific head of power (paragraph 28BA(1)(b) and subsection 98(4A) of the Civil Aviation Act 1988, and named regulations of CAR and CASR). That makes the instrument an exercise of delegated legislative power and therefore amenable to standard administrative-law review on grounds such as jurisdictional error, error of law, or procedural unfairness in CASA’s exercise of powers. The instrument itself does not create a separate appeals channel or special tribunal.
• It inserts conditions on certificates: conditions on an AOC can give rise to administrative decisions (such as variation or suspension of a certificate) that are adjudicable in the courts or merits review bodies. The instrument does not describe those appeal routes, but such routes typically exist under the Act and general administrative law.
• Time-limited directions and repeals: the insertion of sunset clauses and the repeal of instruments could be the subject of legal challenge where parties claim legitimate expectation or improper retrospective effect; the instrument itself contains its transitional and sunset mechanics but does not record litigation.

If a practitioner needs up-to-date litigation on the effect or interpretation of these amendments, they must consult court and tribunal databases, and CASA determinations post-dating 2 December 2021. The instrument as provided contains no litigation history to summarise.

Several features of the instrument create traps-for-the-unwary and transitional compliance risks. These are concrete issues visible in the text that practitioners, operators and compliance officers should check:

• Re-scoping of CAO 82.1 and CAO 82.7: CAO 82.1 is re-targeted to commercial glider passenger operations (paragraph 206(c) of CAR) and CAO 82.7 to balloon licence/rating training (paragraph 206(a) of CAR) (Schedule 2, [1]-[3]; Schedule 3, [1]-[2]). Operators who historically relied on CAO 82.1 for charter or aerial work operations will now need to identify the applicable CASR part (e.g. Part 137 for aerial application) and comply under that regime. The instrument includes notes pointing to that shift (Schedule 1, [11] Note 2) but does not itself restate all former obligations. Failure to map regulatory coverage can leave operators non-compliant.
• Removal of definitions and appendices: Schedule 1 omits a long list of definitions and deletes Appendices 2-8C from CAO 82.0 (Schedule 1, [3], [17]). Operators who relied on those embedded definitions or appendices must now locate the operative definitions and technical requirements elsewhere (CASR, CAR, Manuals of Standards). This can cause interpretive risk where old drafting relied on CAO-local definitions now absent.
• EFB functional limitation and back-up requirement: Appendix 9 changes allow EFBs to be used only to view authorised aeronautical information and not to change that data; paper versions must be carried as substitutes where the EFB was intended for the flight (Schedule 1, [19], [20]). The CAO also conditions the AOC on compliance with Appendix 9 (Schedule 1, [13]). Operators that use EFBs with data-editing functionality must reconfigure systems and retrain crews to comply. The instrument’s Appendix 9 substitution also contains the phrase that "the following, as in force immediately before 2 December 2021, would have applied" (Schedule 1, [18]) which creates an interpretive nuance about historical versus current application of certain content.
• Time-limited directions ending 1 December 2031: Several inserted directions explicitly cease at the end of 1 December 2031 (Schedules 2, [5] 2.4F; Schedule 3, [5] 5.5F; Schedule 4, [5] 10.2; Schedule 5, [3] 5.1A). This creates a decade-long transitional regime. Operators should not assume permanence; compliance obligations will change in 2031 unless renewed or replaced. Planning for regulatory change management is required.
• PSEA approval pathway and TC/STC/TAC requirement: CAO 100.5 requires an aeroplane operated as a PSEA to comply with Appendix 2 and either be approved in the TC/STC/TAC or have prior ASETPA approval (Schedule 4, subsection 10.1). Operators of single-engine aeroplanes must confirm that inclusion or seek written CASA approval. Aircraft lacking such approval cannot be lawfully operated as a PSEA under regulation 11.245 of CASR.
• Pilot pre-flight evidence of CASA-approved loading data: CAO 100.7 para 5.1 requires the pilot in command to have evidence and to take necessary actions to ensure compliance with CASA-approved loading data before flight (Schedule 5, [3]). That duty, while time-limited (ceasing 2031), can be operationally burdensome , pilots must not commence flight without evidence, creating a risk of aborted flights or regulatory non-compliance if evidence/documentation is incomplete.
• Unspecified enforcement mechanics for some changes: The instrument makes various duties conditions of certificates or ties them to CASA approvals but does not detail enforcement steps, fines or administrative timelines. That leaves operators reliant on CASA policy and the Act/regulations for enforcement clarity. Uncertainty about enforcement priorities can make compliance prioritisation hard.
• Repealed instruments and replacements: Schedule 6 repeals several instruments including certain CAOs and CASA directions. Operators covered by a repealed instrument must confirm substitute obligations in the amended CAOs or in CASR/CAR. The repeal of CASA directions (e.g. RCP/RSP capability declarations) may alter obligations previously imposed by those directions.
• Omitted references to CAR subregulations: Several substitutions replace explicit CAR subregulation citations with CASR paragraphs or references to Manuals of Standards (Schedule 1, [14]; Schedule 5, [2]). Operators must check the CASR/CAR interplay because jurisdictional or compliance consequences can hinge on which instrument is cited.
• Distribution and record-keeping burdens: The operations manual amendment requires amendment distribution to all persons to whom copies were provided and retention of passenger lists at aerodrome of departure (Schedule 2, 2.4D; 2A.2). These are administrative burdens that require process changes and record-keeping systems.
• Narrower EFB wording on editing: Appendix 9 changes specify that an EFB "is used to view authorised aeronautical information, but without the functionality to change any of that data" (Schedule 1, [19]). Operators whose operational software integrates dynamic updates or in-flight editing of NAV or performance data need to check whether their configuration remains lawful.

In short, the instrument creates non-obvious reallocation of regulatory coverage, time-limited directions, and practical compliance steps tied to CASA approvals and Manuals of Standards. Operators should not assume continuity of old CAO text or of historical practice.

Compliance requires an audit of current operations against the amended CAOs, CASR/CAR provisions, Manuals of Standards, and type-certification documentation. Below is a practical compliance checklist mapped to the principal amendments in the instrument:

1. Identify which CAOs now apply to each operation:

   • Map each operation to the CAR purpose paragraphs cited in the amended CAOs (e.g., paragraph 206(a), 206(b), 206(c)) to determine which CAO or CASR part governs the activity (Schedule 1 [2], Schedule 2 [2]-[3], Schedule 3 [2]).
   • For operators previously relying on CAO 82.1 for non-glider charter/aerial work, confirm whether CASR Part 137 or other CASR parts now regulate the activity (Schedule 1, note 2 referencing regulation 137.065 of CASR).

2. Revise and control operations manuals:

   • Prepare or update the operations manual to meet the new CAO requirements: include necessary information, procedures and instructions for all types of aircraft operated (Schedule 2, inserted 2.4A-2.4B; Schedule 3, 5.5A-5.5B).
   • Put in place a change-control process to revise manuals when operations, aircraft, equipment or experience indicate change (Schedule 2, 2.4C; Schedule 3, 5.5C).
   • Ensure a system for incorporation of amendments across all copies and for forwarding amendments to recipients (Schedule 2, 2.4D; Schedule 3, 5.5D). Consider central digital version control plus distribution logs as evidence of compliance.
   • Train operations personnel and ensure they understand their duty to comply with the manual in relation to their duties (Schedule 2, 2.4E; Schedule 3, 5.5E). Maintain training records.

3. Electronic Flight Bag (EFB) compliance:

   • Configure EFBs so they are "view only" for authorised aeronautical information , remove any functionality that permits in-flight changes to authorised data used as primary authority (Schedule 1, Appendix 9 substitution, Schedule 1, [19]).
   • Ensure paper versions of authorised aeronautical information are available as a backup where the EFB is intended to be a substitute, and document the rationale and procedures (Schedule 1, [20]).
   • Update training to ensure continuing proficiency in paper/non-EFB documents that complement EFB use (Schedule 1, [22]). Keep evidence of training and periodic refreshers.

4. Loading systems and pilot pre-flight duties:

   • If an aircraft has an approved loading system, ensure loading procedures are written, validated and enforced so aircraft are loaded in accordance with that system at all times (Schedule 2, 2A.1). Record approvals of loading systems (e.g., CASA approval, Weight Control Authority).
   • For pilots, ensure evidence of compliance with CASA-approved loading data is provided before flight, and implement procedures to prevent take-off without that evidence (Schedule 5, para 5.1). Keep physical or electronic evidence logs of such pre-flight checks.
   • If passenger-carrying, compile the passenger list with the specified contents and ensure retention at the aerodrome of departure, with secure storage and retention policy (Schedule 2, 2A.2).

5. PSEA and type-approval compliance:

   • For single-engine aeroplanes to be operated as PSEAs under regulation 11.245 of CASR, confirm that the aeroplane complies with Appendix 2 requirements in CAO 100.5 and is approved in the TC/STC/TAC or has prior ASETPA approval noted in the TC/STC/TAC/TC, or obtain written CASA approval (Schedule 4, subsection 10.1).
   • Ensure aircraft systems and equipment referenced in Appendix 2 are approved under regulation 21.305 of CASR (Schedule 4, [7] note). Keep copies of approvals and include them in the operations or maintenance documentation.

6. NVG and maintenance obligations:

   • For NVGs used in aircraft, ensure maintenance is carried out in accordance with the Part 133 Manual of Standards for Part 133 flights or section 26.78 of the Part 91 Manual of Standards for other flights (Schedule 4, [3]). Adjust maintenance contracts or in-house maintenance procedures accordingly and retain maintenance records.

7. CASA approvals and interactions:

   • Where the CAOs require CASA approvals (loading data, PSEA approvals, etc.), prepare approval submissions with supporting evidence (e.g., loading data calculations, weight/control system documentation, TC/STC/TAC inclusion). Track approval status and renewal dates.
   • Document any reliance on prior approvals such as ASETPA approvals that exist in TC/STC/TAC records before 2 December 2021 (Schedule 4, subsection 10.1).

8. Record-keeping, audit trails and evidence:

   • Keep distribution lists and copies of operations manual amendments forwarded to staff and third parties (Schedule 2, 2.4D).
   • Maintain training records for EFB and manual-specified training, passenger lists left at departure aerodromes, loading evidence logs and CASA approval documentation.
   • Implement periodic internal audits to verify ongoing compliance with CAO requirements and to prepare for potential CASA inspections.

9. Transitional and sunset planning:

   • Note the expiry of certain inserted directions at the end of 1 December 2031 (Schedule 2, 2.4F; Schedule 3, 5.5F; Schedule 4, 10.2; Schedule 5, 5.1A). Build a regulatory review trigger well before 2031 to monitor whether CAO directions are amended, extended, or replaced.
   • For obligations that have moved from CAR subregulation 215 to CAO text, confirm operational differences and reconcile procedures accordingly (Schedule 2 note referencing CAR previous location).

10. Legal and compliance review:

• Obtain legal or regulatory advice to interpret the interplay between the amended CAOs, CASR regulation 11.245, Manuals of Standards and any remaining CAR provisions that still apply to your operations. Given the deletion of definitions and appendices in CAO 82.0, confirm where operative definitions now reside.
• If uncertainty remains about an approval pathway (PSEA inclusion, loading approvals, EFB functionality), seek CASA guidance or formal clarification in writing and keep that correspondence on file.

Operational checklist summary:

• Audit AOC authorisations and operation categories against amended CAOs.
• Update operations manuals, distribute amendments and document distribution.
• Reconfigure EFBs to view-only where required, keep paper backups and train crews.
• Implement loading-system compliance and pilot pre-flight evidence procedures.
• Confirm TC/STC/TAC inclusion or obtain CASA written approvals for PSEA operation.
• Align NVG maintenance to the indicated Manuals of Standards.
• Keep robust records of approvals, training, passenger lists and manual amendments.
• Monitor the 2031 sunsets and plan for regulatory updates.

Following these steps aligns operational practice with the specific changes effected by this instrument and provides documentary evidence that can be produced to CASA in the event of inspection or inquiry.