Part 149 (Approved Self-administering Aviation Organisations) Manual of Standards 2018
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legislative instrument
Plain English Summary
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This Manual of Standards sets out what an organisation must do to be approved as an Approved Self‑administering Aviation Organisation (ASAO) under CASR Part 149. It prescribes the administration tasks an ASAO may perform, who the key personnel must be, required safety‑management and audit systems, exposition content, authorisation schemes and reporting obligations. It applies mainly to sport and recreational aviation bodies, parachuting organisations, flying and airworthiness training providers and their members. ASAOs and their members carry the compliance costs; CASA oversees approvals and receives reports.
This Manual of Standards (Part 149 Manual of Standards 2018, cited as the Part 149 Manual of Standards) prescribes technical and organisational requirements for organisations seeking, or holding, an Approved Self‑administering Aviation Organisation certificate under Part 149 of the Civil Aviation Safety Regulations 1998 (CASR). The instrument is made under CASR, see section 3, and its scope is to set out the requirements an applicant must meet to be authorised to perform an aviation administration function and to prescribe matters relating to the functions, key personnel, safety management systems, audit and surveillance systems, and exposition content of an ASAO, see section 4.
Mechanically, the instrument does the following:
Defines which small sport and recreational aircraft may be administered under Part 149, by specifying classes of aircraft that qualify as Part 149 aircraft (sections 7 to 12). Those include sailplanes, touring motor gliders under certain circumstances, powered parachutes, gyrogliders, hang gliders, paragliders, microlight aeroplanes listed with a sport aviation body, weight‑shift controlled aeroplanes where a relevant Civil Aviation Order applies, ultralight, LSA and lightweight aeroplanes where CAOs apply, manned balloons and hot air airships used for Part 131 recreational activity, and gyroplanes where specified Civil Aviation Orders apply (see sections 7-12).
Prescribes a catalogue of discrete aviation administration functions an ASAO may be authorised to perform, or be required to administer, for Part 149 aircraft. These functions include establishing and maintaining an ASAO aircraft register (section 14), setting and assessing airworthiness standards (section 15), administering airworthiness activities and issuing individual authorisations (section 16), assessing and authorising airworthiness organisations (section 17), accrediting airworthiness trainers (section 18), establishing procedures for safe flight operations and pilot authorisations including competency standards and flight testing (sections 19-21), administering existing authorisations on their merits (section 22), and a suite of parachuting specific administration functions including parachute descents, parachute airworthiness and jump pilot authorisations (sections 23-29). Section 30 adds a discrete airworthiness function in relation to tow releases used to tow gliders.
Current sections
Direct links to the current provisions in Part 149 (Approved Self-administering Aviation Organisations) Manual of Standards 2018.
48
Chapter 1—Preliminary
Chapter 1—Preliminary
Chapter 1—Preliminary
1 Name
(1) This instrument is the Part 149 (Approved Self-administering Aviation Organisations) Manual of Standards 2018.
(2) This instrument may be cited as the Part 149 Manual of Standards.
3 Authority
This instrument is made under the Civil Aviation Safety Regulations 1998.
Note: CASA may issue a Manual of Standards for Part 149 (Approved self-administering aviation organisations) — see regulation 149.010 of CASR.
4 Scope of Manual of Standards
(1) This instrument sets out requirements to be met by an applicant for an approved self-administering aviation organisation (ASAO) certificate under Part 149 of CASR to perform an aviation administration function.
(2) This instrument also sets out matters relating to:
(a) aviation administration functions for ASAOs; and
(b) the key personnel of an ASAO; and
(c) the requirements of an ASAO’s safety management system; and
(d) the requirements of an ASAO’s audit and surveillance system; and
(e) the content of an ASAO’s exposition.
5 Definitions
Note: A number of expressions used in this instrument are defined in the Dictionary at the end of the Civil Aviation Safety Regulations 1998, including the following:
(a) accountable manager (of an ASAO);
(b) approved function (of an ASAO);
(c) ASAO;
(d) ASAO certificate;
(e) aviation administration and enforcement rules;
(f) aviation administration function;
(g) balloon;
(h) CASR;
(i) certificate of airworthiness;
(j) hang glider;
(k) glider;
(l) gyroglider;
(m) gyroplane;
(n) key personnel (of an ASAO);
(o) national aviation authority;
(p) paraglider;
(q) parasail;
(qa) personnel (of an ASAO);
1
Name
1 Name
(1) This instrument is the Part 149 (Approved Self-administering Aviation Organisations) Manual of Standards 2018.
(2) This instrument may be cited as the Part 149 Manual of Standards.
3
Authority
3 Authority
This instrument is made under the Civil Aviation Safety Regulations 1998.
Note: CASA may issue a Manual of Standards for Part 149 (Approved self-administering aviation organisations) — see regulation 149.010 of CASR.
4
Scope of Manual of Standards
4 Scope of Manual of Standards
(1) This instrument sets out requirements to be met by an applicant for an approved self-administering aviation organisation (ASAO) certificate under Part 149 of CASR to perform an aviation administration function.
(2) This instrument also sets out matters relating to:
(a) aviation administration functions for ASAOs; and
(b) the key personnel of an ASAO; and
(c) the requirements of an ASAO’s safety management system; and
(d) the requirements of an ASAO’s audit and surveillance system; and
(e) the content of an ASAO’s exposition.
5
Definitions
5 Definitions
Note: A number of expressions used in this instrument are defined in the Dictionary at the end of the Civil Aviation Safety Regulations 1998, including the following:
(a) accountable manager (of an ASAO);
(b) approved function (of an ASAO);
(c) ASAO;
(d) ASAO certificate;
(e) aviation administration and enforcement rules;
(f) aviation administration function;
(g) balloon;
(h) CASR;
(i) certificate of airworthiness;
(j) hang glider;
(k) glider;
(l) gyroglider;
(m) gyroplane;
(n) key personnel (of an ASAO);
(o) national aviation authority;
(p) paraglider;
(q) parasail;
(qa) personnel (of an ASAO);
Chapter 2—Aviation administration functi
Chapter 2—Aviation administration functions
Chapter 2—Aviation administration functions
Division 1—General
6 Prescribed aviation administration functions
This
Chapter
:
(a) is made for the purposes of paragraph (b) of the definition of aviation administration function in Part 1 of the Dictionary to CASR; and
(b) prescribes aviation administration functions that an ASAO may be authorised to perform under regulation 149.075 of CASR.
Note: Exercising ASAO enforcement powers is also an aviation administration function. See paragraph (a) of the definition of aviation administration function in Part 1 of the Dictionary to CASR.
Division 1
General
Chapter 2—Aviation administration functions
Division 1—General
6 Prescribed aviation administration functions
This
Chapter
:
(a) is made for the purposes of paragraph (b) of the definition of aviation administration function in Part 1 of the Dictionary to CASR; and
(b) prescribes aviation administration functions that an ASAO may be authorised to perform under regulation 149.075 of CASR.
Note: Exercising ASAO enforcement powers is also an aviation administration function. See paragraph (a) of the definition of aviation administration function in Part 1 of the Dictionary to CASR.
6
Prescribed aviation administration functions
6 Prescribed aviation administration functions
This
Chapter
:
(a) is made for the purposes of paragraph (b) of the definition of aviation administration function in Part 1 of the Dictionary to CASR; and
(b) prescribes aviation administration functions that an ASAO may be authorised to perform under regulation 149.075 of CASR.
Note: Exercising ASAO enforcement powers is also an aviation administration function. See paragraph (a) of the definition of aviation administration function in Part 1 of the Dictionary to CASR.
Division 2
Aviation administration functions for sport and recreational aircraft
Division 2—Aviation administration functions for sport and recreational aircraft
Subdivision A—Preliminary definitions and application
7 Part 149 aircraft—sailplanes, powered parachutes, gyrogliders, hang gliders and paragliders etc.
(1) An aircraft is a Part 149 aircraft if:
(a) it is an aircraft to which subsection (2) applies; and
(b) none of Parts 132, 133, 135 or 137 of CASR applies to the operation of the aircraft.
(2) This subsection applies to:
(a) a sailplane; and
(b) a touring motor glider that:
(i) is not registered; or
(ii) is registered, but subregulation 103.005(2A) of CASR does not apply in relation to the operation of the aircraft; and
(c) an aircraft that is not registered and is one of the following:
(i) a powered parachute;
(ii) a gyroglider;
(iii) a hang glider or powered hang glider;
(iv) a paraglider or powered paraglider.
Note: The aircraft covered by section 7 are defined as Part 103 aircraft under regulation 103.005 of CASR: see subparagraphs 103.005(4)(b)(i), (ii), (iii), (iv), (iva) and subregulation 103.005(5). At the time of the commencement of this section, the aircraft are (in most cases) the subject of one of the Civil Aviation Orders mentioned below, enabling a transitional scheme under which aircraft that are administered by a sport aviation body and are operated in accordance with the relevant Civil Aviation Order are exempt from certain provisions of CAR and CASR (including Part 103):
(a) Civil Aviation Order 95.4 (Exemptions from CAR and CASR — Sailplanes and Towing Aircraft) Instrument 2021; and
(b) Civil Aviation Order 95.8 (Exemptions from CAR and CASR — Hang Gliders and Paragliders) Instrument 2021; and
(e) to the extent that it relates to powered parachutes, Civil Aviation Order 95.32 (Exemptions from CAR and CASR — Powered Parachutes and Weight‑shift‑controlled Aeroplanes) Instrument 2021.
8 Part 149 aircraft—microlight aeroplanes
A microlight aeroplane is a Part 149 aircraft if it is:
(a) listed with a sport aviation body; and
(b) operated for a purpose mentioned in Civil Aviation Order 95.10.
Subdivision A
Preliminary definitions and application
Division 2—Aviation administration functions for sport and recreational aircraft
Subdivision A—Preliminary definitions and application
7 Part 149 aircraft—sailplanes, powered parachutes, gyrogliders, hang gliders and paragliders etc.
(1) An aircraft is a Part 149 aircraft if:
(a) it is an aircraft to which subsection (2) applies; and
(b) none of Parts 132, 133, 135 or 137 of CASR applies to the operation of the aircraft.
(2) This subsection applies to:
(a) a sailplane; and
(b) a touring motor glider that:
(i) is not registered; or
(ii) is registered, but subregulation 103.005(2A) of CASR does not apply in relation to the operation of the aircraft; and
(c) an aircraft that is not registered and is one of the following:
(i) a powered parachute;
(ii) a gyroglider;
(iii) a hang glider or powered hang glider;
(iv) a paraglider or powered paraglider.
Note: The aircraft covered by section 7 are defined as Part 103 aircraft under regulation 103.005 of CASR: see subparagraphs 103.005(4)(b)(i), (ii), (iii), (iv), (iva) and subregulation 103.005(5). At the time of the commencement of this section, the aircraft are (in most cases) the subject of one of the Civil Aviation Orders mentioned below, enabling a transitional scheme under which aircraft that are administered by a sport aviation body and are operated in accordance with the relevant Civil Aviation Order are exempt from certain provisions of CAR and CASR (including Part 103):
(a) Civil Aviation Order 95.4 (Exemptions from CAR and CASR — Sailplanes and Towing Aircraft) Instrument 2021; and
(b) Civil Aviation Order 95.8 (Exemptions from CAR and CASR — Hang Gliders and Paragliders) Instrument 2021; and
(e) to the extent that it relates to powered parachutes, Civil Aviation Order 95.32 (Exemptions from CAR and CASR — Powered Parachutes and Weight‑shift‑controlled Aeroplanes) Instrument 2021.
8 Part 149 aircraft—microlight aeroplanes
A microlight aeroplane is a Part 149 aircraft if it is:
(a) listed with a sport aviation body; and
(b) operated for a purpose mentioned in Civil Aviation Order 95.10.
7
Part 149 aircraft—sailplanes, powered parachutes, gyrogliders, hang gliders and paragliders etc.
7 Part 149 aircraft—sailplanes, powered parachutes, gyrogliders, hang gliders and paragliders etc.
(1) An aircraft is a Part 149 aircraft if:
(a) it is an aircraft to which subsection (2) applies; and
(b) none of Parts 132, 133, 135 or 137 of CASR applies to the operation of the aircraft.
(2) This subsection applies to:
(a) a sailplane; and
(b) a touring motor glider that:
(i) is not registered; or
(ii) is registered, but subregulation 103.005(2A) of CASR does not apply in relation to the operation of the aircraft; and
(c) an aircraft that is not registered and is one of the following:
(i) a powered parachute;
(ii) a gyroglider;
(iii) a hang glider or powered hang glider;
(iv) a paraglider or powered paraglider.
Note: The aircraft covered by section 7 are defined as Part 103 aircraft under regulation 103.005 of CASR: see subparagraphs 103.005(4)(b)(i), (ii), (iii), (iv), (iva) and subregulation 103.005(5). At the time of the commencement of this section, the aircraft are (in most cases) the subject of one of the Civil Aviation Orders mentioned below, enabling a transitional scheme under which aircraft that are administered by a sport aviation body and are operated in accordance with the relevant Civil Aviation Order are exempt from certain provisions of CAR and CASR (including Part 103):
(a) Civil Aviation Order 95.4 (Exemptions from CAR and CASR — Sailplanes and Towing Aircraft) Instrument 2021; and
(b) Civil Aviation Order 95.8 (Exemptions from CAR and CASR — Hang Gliders and Paragliders) Instrument 2021; and
(e) to the extent that it relates to powered parachutes, Civil Aviation Order 95.32 (Exemptions from CAR and CASR — Powered Parachutes and Weight‑shift‑controlled Aeroplanes) Instrument 2021.
8
Part 149 aircraft—microlight aeroplanes
8 Part 149 aircraft—microlight aeroplanes
A microlight aeroplane is a Part 149 aircraft if it is:
(a) listed with a sport aviation body; and
(b) operated for a purpose mentioned in Civil Aviation Order 95.10.
9
Part 149 aircraft—weight-shift-controlled aeroplanes
9 Part 149 aircraft—weight-shift-controlled aeroplanes
An aircraft that is a single-place or two-place weight-shift-controlled aeroplane is a Part 149 aircraft if:
(a) Civil Aviation Order 95.32 applies to the aeroplane; and
(b) it is operated for a purpose mentioned in the Civil Aviation Order.
10
Part 149 aircraft—ultralight aeroplanes, LSA aeroplanes and lightweight aeroplanes
10 Part 149 aircraft—ultralight aeroplanes, LSA aeroplanes and lightweight aeroplanes
(1) This section applies to the following aeroplanes:
(a) light sport aircraft (experimental);
(b) light sport aircraft (production);
(c) lightweight aeroplanes;
(d) ultralight aeroplanes.
(2) An aeroplane mentioned in subsection (1) is a Part 149 aircraft if:
(a) Civil Aviation Order 95.55 applies to the aeroplane; and
(b) it is operated for a purpose mentioned in the Civil Aviation Order.
11
Part 149 aircraft—manned balloons and hot air airships
11 Part 149 aircraft—manned balloons and hot air airships
A Part 131 aircraft is a Part 149 aircraft if it is operated for the purposes of a Part 131 recreational activity.
Note: Such an activity includes a specialised balloon operation that is not conducted for hire or reward.
12
Part 149 aircraft—gyroplanes
12 Part 149 aircraft—gyroplanes
(1) A gyroplane is a Part 149 aircraft if:
(a) Civil Aviation Order 95.12, or Civil Aviation Order 95.12.1, applies to the gyroplane; and
(b) it is operated for a purpose mentioned in the Civil Aviation Order that applies to the gyroplane.
13
Application—manned balloons or hot air airships
13 Application—manned balloons or hot air airships
Sections 14, 15, 16, 17 and 18 do not apply to an aircraft mentioned in section 11.
Subdivision B
Aviation administration functions in relation to Part 149 aircraft
Subdivision B—Aviation administration functions in relation to Part 149 aircraft
14 ASAO registration of certain aircraft
It is an aviation administration function to administer a Part 149 aircraft by establishing and maintaining a register (an ASAO register) of aircraft that contains sufficient information to enable the identification of any aircraft on the register, the aircraft’s owner and the aircraft’s operator, including the following information:
(a) a description of the aircraft, including the manufacturer and the model;
(b) the aircraft’s construction number or serial number (if any);
(c) the unique identifier issued by the ASAO in respect of the aircraft;
(d) the name and address of the owner of the aircraft;
(e) the name and address of the operator of the aircraft.
15 Airworthiness standards and assessments etc.
Setting standards
(1) It is an aviation administration function to administer a Part 149 aircraft by setting design, manufacturing and maintenance standards (airworthiness standards) for the aircraft, including in relation to aircraft, aircraft engines, propellers, rotor systems, materials, parts, processes, and appliances.
Note: Under the function, an ASAO may set a standard for a Part 149 aircraft if the legislation does not otherwise provide for standards for that aircraft under CAR or CASR.
Conducting airworthiness assessments etc.
(2) It is an aviation administration function to administer a Part 149 aircraft by assessing whether an aircraft design meets an airworthiness standard the ASAO has set for the aircraft under the function in subsection (1).
Determining whether aircraft is a Part 149 aircraft
(4) Subsection (5) applies if an ASAO has an approved function mentioned in section 14 or 19 to administer a Part 149 aircraft.
(5) It is an aviation administration function for the ASAO to verify whether an aircraft meets a description and any requirements that are applicable to the Part 149 aircraft the ASAO administers, under:
(a) Subdivision A of this Division (that defines certain aircraft to be Part 149 aircraft); or
(b) any other provision in this instrument or the civil aviation legislation that requires verification to be made regarding a description or requirement that characterises the aircraft as a Part 149 aircraft.
14
ASAO registration of certain aircraft
14 ASAO registration of certain aircraft
It is an aviation administration function to administer a Part 149 aircraft by establishing and maintaining a register (an ASAO register) of aircraft that contains sufficient information to enable the identification of any aircraft on the register, the aircraft’s owner and the aircraft’s operator, including the following information:
(a) a description of the aircraft, including the manufacturer and the model;
(b) the aircraft’s construction number or serial number (if any);
(c) the unique identifier issued by the ASAO in respect of the aircraft;
(d) the name and address of the owner of the aircraft;
(e) the name and address of the operator of the aircraft.
15
Airworthiness standards and assessments etc.
15 Airworthiness standards and assessments etc.
Setting standards
(1) It is an aviation administration function to administer a Part 149 aircraft by setting design, manufacturing and maintenance standards (airworthiness standards) for the aircraft, including in relation to aircraft, aircraft engines, propellers, rotor systems, materials, parts, processes, and appliances.
Note: Under the function, an ASAO may set a standard for a Part 149 aircraft if the legislation does not otherwise provide for standards for that aircraft under CAR or CASR.
Conducting airworthiness assessments etc.
(2) It is an aviation administration function to administer a Part 149 aircraft by assessing whether an aircraft design meets an airworthiness standard the ASAO has set for the aircraft under the function in subsection (1).
Determining whether aircraft is a Part 149 aircraft
(4) Subsection (5) applies if an ASAO has an approved function mentioned in section 14 or 19 to administer a Part 149 aircraft.
(5) It is an aviation administration function for the ASAO to verify whether an aircraft meets a description and any requirements that are applicable to the Part 149 aircraft the ASAO administers, under:
(a) Subdivision A of this Division (that defines certain aircraft to be Part 149 aircraft); or
(b) any other provision in this instrument or the civil aviation legislation that requires verification to be made regarding a description or requirement that characterises the aircraft as a Part 149 aircraft.
16
Airworthiness activities
16 Airworthiness activities
Function
(1) It is an aviation administration function to administer an airworthiness activity mentioned in subsection (3) in relation to a Part 149 aircraft, including issuing an authorisation to an individual to carry out an airworthiness activity.
(2) The function includes the following:
(a) developing competency standards and units of competency (however described) for Part 149 airworthiness training that must be completed by a candidate for the issue of an authorisation to undertake an airworthiness activity;
(b) approving modifications of the aircraft and repairs;
(c) approving procedures for weight control of the aircraft;
(d) developing a scheme for the issue of special flight permits to permit the aircraft to be flown in particular circumstances when it does not meet the applicable airworthiness standards;
(e) developing requirements for the keeping of airworthiness records in relation to the aircraft.
Note: See section 5 for the definition of weight control.
Activities administered
(3) For subsection (1), the airworthiness activities are as follows:
(a) carrying out maintenance on the aircraft;
(b) carrying out maintenance on an aeronautical product for the aircraft;
(c) conducting procedures for weight control of the aircraft;
(d) flight of the aircraft under a special flight permit;
(e) any other activity concerning the airworthiness of the aircraft.
(4) Airworthiness activities mentioned in subsection (3) include airworthiness activities that may be performed by individuals:
(a) without remuneration; or
(b) on behalf of an airworthiness organisation approved by the ASAO under the function in section 17.
Authorisations
(5) Authorisations to carry out an airworthiness activity include any of the following:
(a) an authorisation to an individual to carry out maintenance on the aircraft;
(b) an authorisation to an individual to carry out maintenance on an aeronautical product for the aircraft;
(c) an authorisation to an individual to conduct procedures for weight control of the aircraft;
(d) an authorisation to an individual to conduct a flight under a special flight permit.
17
Part 149 airworthiness organisations
17 Part 149 airworthiness organisations
(1) It is an aviation administration function to administer a person that provides airworthiness services in relation to a Part 149 aircraft (an airworthiness organisation).
Note: “Person” includes a natural or corporate person — see section 12C of the Acts Interpretation Act 1901.
(2) The function includes:
(a) assessing a person’s organisation and its procedures, practices, personnel and facilities to determine whether the person is capable of providing airworthiness services in relation to the aircraft; and
(b) if satisfied as mentioned in paragraph (a), issuing an authorisation to the person to provide the airworthiness services specified in the authorisation; and
(c) assessing whether a person to whom it has issued an authorisation to provide airworthiness services continues to be capable of providing the airworthiness services covered by the authorisation.
(3) In this instrument:
airworthiness services means commercial services relating to the airworthiness of an aircraft, including carrying out airworthiness activities, and managing the continuing airworthiness of the aircraft.
(4) An organisation carries out an airworthiness activity if the activity is carried out on the organisation’s behalf by an individual who holds an authorisation, issued by the ASAO under the function in section 16, that covers the activity.
18
Part 149 airworthiness training
18 Part 149 airworthiness training
(1) It is an aviation administration function to administer a person who conducts Part 149 airworthiness training in relation to a Part 149 aircraft.
Note: “Person” includes a natural or corporate person — see section 12C of the Acts Interpretation Act 1901.
(2) The function includes:
(a) assessing the person, and the person’s procedures, practices, personnel and facilities, to determine whether the person is capable of conducting Part 149 airworthiness training; and
19
Flight operations—procedures for safe conduct
19 Flight operations—procedures for safe conduct
(1) It is an aviation administration function to administer a Part 149 aircraft by establishing procedures necessary for the safe conduct of flight operations in the aircraft, in accordance with an applicable CAO and any other provision of the civil aviation legislation that applies to the flight operations.
(2) In this section:
applicable CAO means:
(a) for a Part 149 aircraft mentioned in section 7 to which Civil Aviation Order 95.4 (sailplanes) applies—that Civil Aviation Order; and
(b) for a Part 149 aircraft mentioned in section 7 to which Civil Aviation Order 95.8 (hang gliders and paragliders) applies—that Civil Aviation Order; and
(c) for a Part 149 aircraft mentioned in section 7 that is a powered parachute to which Civil Aviation Order 95.32 applies—that Civil Aviation Order; and
(d) for a Part 149 aircraft mentioned in:
(i) section 8 (microlight aeroplanes)—Civil Aviation Order 95.10; and
(ii) section 9 (weight-shift-controlled aeroplanes)—Civil Aviation Order 95.32; and
(iii) section 10 (LSA aeroplanes, ultralight and lightweight aeroplanes)—Civil Aviation Order 95.55; and
(iv) section 11 (about manned balloons and hot air airships)—Civil Aviation Order 95.54; and
(e) for a Part 149 aircraft mentioned in section 12 to which Civil Aviation Order 95.12 (gyroplanes not exceeding 250 kg) applies—that Civil Aviation Order; and
(f) for a Part 149 aircraft mentioned in section 12 to which Civil Aviation Order 95.12.1 (LSA gyroplanes and ASRA-compliant gyroplanes) applies—that Civil Aviation Order.
ASRA-compliant gyroplane has the meaning given by section 5.1 of Civil Aviation Order 95.12.1.
20
Flight operations—duties essential to the operation of aircraft
20 Flight operations—duties essential to the operation of aircraft
Function
(1) It is an aviation administration function to administer the flight operations of a Part 149 aircraft, including authorising individuals to perform a duty essential to the operation of the aircraft.
(2) The function includes:
(a) establishing a certification scheme dealing with the privileges available under, and any limitations of, pilot certifications, ratings and endorsements, to operate the aircraft; and
(b) developing competency standards and units of competency (however described) for flying training that must be completed by a candidate for the issue of a pilot certificate, rating or endorsement (a pilot authorisation); and
(c) developing any other requirements of the ASAO for the issue of a pilot authorisation, including any aeronautical knowledge requirements, flight tests, experience requirements, proficiency checks or flight reviews; and
(d) administering the conduct, other than in the aircraft, of aeronautical knowledge training and assessment required for flying training.
Activities administered
(3) Flight operations administered under this function include:
(a) operating the aircraft for a flight; and
(b) conducting flying training in the aircraft; and
(c) conducting a flight test or assessment of a person during a flight of the aircraft:
(i) for the issue of a pilot certificate to operate the aircraft; or
(ii) for the issue of a rating or endorsement in respect of activities permitted under a pilot certificate; and
(d) assessing the ongoing competency of the holder of a pilot certificate to perform an activity authorised by the certificate and any ratings or endorsements attached to the certificate; and
(e) conducting flight testing of the aircraft.
(4) Conducting aeronautical knowledge training other than in the aircraft, for a pilot authorisation to operate the aircraft, is taken to be a flight operation and is an activity administered under this function.
(5) Flight operations mentioned in paragraph (3)(b), (c) or (d), or subsection (4), include operations that may be performed by individuals:
(a) on their own behalf; or
(b) on behalf of the ASAO; or
(c) on behalf of a Part 149 flying training organisation authorised by the ASAO under the function in section 21.
21
Part 149 flying training organisations
21 Part 149 flying training organisations
(1) It is an aviation administration function to administer a person that conducts flying training, or flight tests, in relation to a Part 149 aircraft (a Part 149 flying training organisation).
Note: “Person” includes a natural or corporate person — see section 12C of the Acts Interpretation Act 1901.
(2) The function includes:
(a) assessing a person’s organisation, and its procedures, practices, personnel and facilities to determine whether the person is capable of conducting flying training, or flight tests, in relation to the aircraft; and
(b) if satisfied as mentioned in paragraph (a), issuing an authorisation to the person to conduct the activities specified in the authorisation; and
(c) assessing whether a person to whom the ASAO has issued an authorisation continues to be capable of conducting the activities covered by the authorisation; and
(d) approving aeronautical examinations that may be conducted by a Part 149 flying training organisation to assess candidates undertaking flying training.
(3) Under this function a person may be authorised to be a Part 149 flying training organisation that does one or more of the following for the aircraft:
(a) conduct flying training;
(b) conduct flying tests;
(c) conduct aeronautical examinations to assess candidates undertaking flight training.
22
Applications to undertake aviation activity on basis of existing authorisations
22 Applications to undertake aviation activity on basis of existing authorisations
(1) It is an aviation administration function to administer an individual holding an existing authorisation mentioned in subsection (3) in relation to the operation or airworthiness of a Part 149 aircraft.
(2) The function includes:
(a) assessing an existing authorisation to determine whether the holder is competent to undertake an aviation activity administered by the ASAO (the administering ASAO); and
(b) issuing an authorisation to that individual to undertake the activity.
(3) For subsection (1), an existing authorisation may be either:
(a) an overseas authorisation; or
(b) an authorisation issued by CASA or a sport aviation body other than the administering ASAO.
Note: See section 5 for the definition of overseas authorisation, and Part 1 of the Dictionary to CASR for the definition of sport aviation body.
Division 3
Aviation administration functions for parachuting activities
Division 3—Aviation administration functions for parachuting activities
23 Parachute descents
Function
(1) It is an aviation administration function to administer a parachute descent, including:
(a) an activity (a parachute descent activity) mentioned in subsection (3); and
(b) issuing an authorisation to an individual to undertake the activity.
(2) The function includes:
(a) establishing a certification scheme dealing with the privileges available under, and any limitations of, parachutist certifications, ratings and endorsements issued to persons to undertake parachute descents; and
(b) developing competency standards and units of competency (however described) for parachuting training that must be completed by a candidate for the issue of a parachutist certificate, rating or endorsement (a parachutist authorisation); and
(c) developing any other requirements of the ASAO for the issue of a parachutist authorisation, including any aeronautical knowledge requirements, tests, experience requirements and assessments of ongoing competency; and
(e) developing requirements for the training of tandem parachutists.
Activities administered
(3) A parachute descent activity includes any of the following:
(a) undertaking a parachute descent;
(b) conducting parachuting training during a descent;
(c) assessing trainee parachutists:
(i) for the issue of a parachutist certificate to undertake a parachute descent; and
(ii) for the issue of a rating or endorsement on a parachutist certificate in respect of activities permitted under the certificate;
(d) assessing the ongoing competency of the holder of a parachutist certificate to perform an activity authorised by:
(i) the certificate; and
(ii) any ratings or endorsements attached to the certificate;
(e) ground control;
(f) supervising a parachute descent.
(4) Parachute descent activities mentioned in paragraph (3)(b), (c) or (d) include parachute descent activities that may be performed by individuals:
(a) on their own behalf; or
(b) on behalf of the ASAO; or
(c) on behalf of a parachuting training organisation authorised by the ASAO under the function in section 27.
Authorisations
(5) Authorisations to undertake a parachute descent activity include:
(a) a parachutist certificate entitling the holder to undertake parachute descents; and
(b) authorising a person as a parachutist instructor (however named) to:
(i) conduct parachuting training for the issue of a parachutist certificate, rating or endorsement; or
(ii) issue an endorsement to a parachutist; or
(iii) make recommendations to the ASAO to grant a rating or an endorsement to a parachutist; and
(c) authorising a person as a parachutist examiner (however named) to:
(i) assess candidates for a parachutist certificate, rating or endorsement; or
(ii) assess the ongoing competency of the holder of a parachutist certificate to perform an activity authorised by the certificate and any ratings or endorsements attached to the certificate; and
(d) an endorsement on a parachutist certificate authorising the holder, in a parachute training operation, to control a parachute descent in which a tandem parachutist is carried; and
(e) a student parachutist certificate authorising a trainee parachutist who is receiving training for the issue of a parachutist certificate to undertake parachute descents; and
(f) a tandem parachutist certificate authorising a person to undertake a parachute descent as a tandem parachutist; and
(g) authorising a person as a ground control assistant; and
(h) authorising a person as a drop zone safety officer.
Note: Under the Part 105 Manual of Standards, parachute descents must be supervised by a drop zone safety officer: see section 5.27 of that Manual of Standards.
24 Parachuting operations—procedures for safe conduct
It is an aviation administration function to administer parachute descents by establishing procedures necessary for the safe conduct of parachute descents in accordance with any provision of the civil aviation legislation that applies to the conduct of parachute descents.
Note 1: See section 3 of the Civil Aviation Act 1988 for the definition of civil aviation legislation.
Note 2: See also section 5.25 of the Part 105 Manual of Standards, which provides for procedures that must be included in an ASAO’s exposition.
23
Parachute descents
23 Parachute descents
Function
(1) It is an aviation administration function to administer a parachute descent, including:
(a) an activity (a parachute descent activity) mentioned in subsection (3); and
(b) issuing an authorisation to an individual to undertake the activity.
(2) The function includes:
(a) establishing a certification scheme dealing with the privileges available under, and any limitations of, parachutist certifications, ratings and endorsements issued to persons to undertake parachute descents; and
(b) developing competency standards and units of competency (however described) for parachuting training that must be completed by a candidate for the issue of a parachutist certificate, rating or endorsement (a parachutist authorisation); and
(c) developing any other requirements of the ASAO for the issue of a parachutist authorisation, including any aeronautical knowledge requirements, tests, experience requirements and assessments of ongoing competency; and
(e) developing requirements for the training of tandem parachutists.
Activities administered
(3) A parachute descent activity includes any of the following:
(a) undertaking a parachute descent;
(b) conducting parachuting training during a descent;
(c) assessing trainee parachutists:
(i) for the issue of a parachutist certificate to undertake a parachute descent; and
(ii) for the issue of a rating or endorsement on a parachutist certificate in respect of activities permitted under the certificate;
(d) assessing the ongoing competency of the holder of a parachutist certificate to perform an activity authorised by:
(i) the certificate; and
(ii) any ratings or endorsements attached to the certificate;
(e) ground control;
(f) supervising a parachute descent.
(4) Parachute descent activities mentioned in paragraph (3)(b), (c) or (d) include parachute descent activities that may be performed by individuals:
(a) on their own behalf; or
(b) on behalf of the ASAO; or
(c) on behalf of a parachuting training organisation authorised by the ASAO under the function in section 27.
Authorisations
(5) Authorisations to undertake a parachute descent activity include:
(a) a parachutist certificate entitling the holder to undertake parachute descents; and
(b) authorising a person as a parachutist instructor (however named) to:
(i) conduct parachuting training for the issue of a parachutist certificate, rating or endorsement; or
(ii) issue an endorsement to a parachutist; or
(iii) make recommendations to the ASAO to grant a rating or an endorsement to a parachutist; and
(c) authorising a person as a parachutist examiner (however named) to:
(i) assess candidates for a parachutist certificate, rating or endorsement; or
(ii) assess the ongoing competency of the holder of a parachutist certificate to perform an activity authorised by the certificate and any ratings or endorsements attached to the certificate; and
(d) an endorsement on a parachutist certificate authorising the holder, in a parachute training operation, to control a parachute descent in which a tandem parachutist is carried; and
(e) a student parachutist certificate authorising a trainee parachutist who is receiving training for the issue of a parachutist certificate to undertake parachute descents; and
(f) a tandem parachutist certificate authorising a person to undertake a parachute descent as a tandem parachutist; and
(g) authorising a person as a ground control assistant; and
(h) authorising a person as a drop zone safety officer.
Note: Under the Part 105 Manual of Standards, parachute descents must be supervised by a drop zone safety officer: see section 5.27 of that Manual of Standards.
24
Parachuting operations—procedures for safe conduct
24 Parachuting operations—procedures for safe conduct
It is an aviation administration function to administer parachute descents by establishing procedures necessary for the safe conduct of parachute descents in accordance with any provision of the civil aviation legislation that applies to the conduct of parachute descents.
Note 1: See section 3 of the Civil Aviation Act 1988 for the definition of civil aviation legislation.
Note 2: See also section 5.25 of the Part 105 Manual of Standards, which provides for procedures that must be included in an ASAO’s exposition.
26
Operating an aircraft to facilitate a parachute descent
26 Operating an aircraft to facilitate a parachute descent
Function
(1) It is an aviation administration function to administer the operation of an aircraft to facilitate a parachute descent, including:
(a) an activity (a jump pilot activity) mentioned in subsection (3); and
(b) issuing an authorisation to a pilot to operate an aircraft to facilitate a parachute descent by a trainee parachutist or tandem parachutist, or both.
(2) The function includes developing:
(a) competency standards and units of competency (however described) for training and assessment (jump pilot training) that the ASAO requires must be completed by a pilot for the issue of a jump pilot authorisation to operate an aircraft to facilitate a parachute descent by a trainee parachutist or tandem parachutist; and
(aa) the ASAO’s requirements for the issue of an authorisation to a person to assess the ongoing competency of the holder of a jump pilot authorisation; and
(b) any other requirements of the ASAO for the operation of the aircraft to facilitate a parachute descent (whether or not in a parachute training operation).
Note: See section 5.23 of the Part 105 Manual of Standards which contains standards for jump pilot training.
Activities administered
(3) A jump pilot activity includes any of the following:
(a) the operation of the aircraft to facilitate a parachute descent (whether or not by a trainee or tandem parachutist);
(b) conducting jump pilot training of a pilot of the aircraft during a flight conducted to facilitate a parachute descent, on matters relevant to the conduct of the flight for that purpose;
(c) assessing pilots for the issue of a jump pilot authorisation to operate the aircraft to facilitate a parachute descent by a trainee or tandem parachutist;
(d) assessing the competency of the holder of a jump pilot authorisation to perform an activity authorised by the authorisation.
Authorisations
(4) Authorisations to undertake a jump pilot activity include:
(a) a jump pilot authorisation entitling the holder (the jump pilot) to operate an aircraft to facilitate a parachute descent by a trainee or tandem parachutist; and
(b) authorising a person as a jump pilot trainer (however named) to:
(i) conduct jump pilot training; or
(ii) make recommendations to the ASAO to issue a jump pilot authorisation to a pilot; or
(iii) assess candidates for a jump pilot authorisation; or
(iv) assess the ongoing competency of the holder of a jump pilot authorisation to perform an activity authorised by the authorisation.
27
Parachuting training organisations
27 Parachuting training organisations
(1) It is an aviation administration function to administer a person (a parachuting training organisation) that conducts:
(a) parachuting training; or
(b) jump pilot training.
Note: Pilot training requirements for the purposes of subregulation 105.080(3) of CASR are prescribed in Division 2 of Chapter 3 of the Part 105 Manual of Standards. See also section 5.23 of the Part 105 Manual of Standards, which contains standards for the training of a pilot for the issue of a jump pilot authorisation to operate an aircraft in a parachute training operation.
(2) The function includes:
(a) assessing a person’s organisation, and its procedures, practices, personnel and facilities to determine whether the person is capable of conducting the training; and
(b) if satisfied as mentioned in paragraph (a), issuing an authorisation to the person to conduct the training specified in the authorisation; and
(c) assessing whether a person to whom it has issued an authorisation to conduct the training continues to be capable of providing the training covered by the authorisation.
(3) Under this function, the ASAO may authorise a person to be a parachuting training organisation that does any of the following:
(a) conduct parachuting training;
(b) conduct jump pilot training;
(c) assess candidates undertaking parachuting training, or jump pilot training, against the competency standards developed by the ASAO for the training.
(4) A parachuting training organisation conducts parachuting training in relation to a parachute descent if the parachuting training is conducted on the organisation’s behalf by an individual who holds an authorisation issued by the ASAO, under the function in section 23, that covers the parachuting training.
(5) A parachuting training organisation conducts jump pilot training in relation to a parachute descent if the jump pilot training is conducted on the organisation’s behalf by an individual who holds an authorisation issued by the ASAO, under the function in section 26, that covers the jump pilot training.
Note: See section 1.04 of the Part 105 Manual of Standards for the definition of parachuting training. See paragraph 26(2)(a) of this instrument for the definition of jump pilot training.
28
Parachute airworthiness
28 Parachute airworthiness
(1) It is an aviation administration function to administer the airworthiness of:
(a) a parachute used to undertake a parachute descent under Part 105 of CASR; or
(b) an emergency parachute.
Note: Part 105 of CASR does not apply to emergency parachute descents: see regulation 105.005 of CASR.
(2) The function includes:
(a) issuing an authorisation to an individual to undertake an airworthiness activity mentioned in subsection (3); and
(b) developing competency standards and units of competency (however described) for parachute airworthiness training that must be completed by a candidate for the issue of an authorisation to undertake an airworthiness activity mentioned in subsection (3); and
(c) developing and publishing requirements (defined as the Part 105 ASAO’s requirements in paragraph 2.04(4)(b) of the Part 105 Manual of Standards) about the airworthiness of a reserve parachute assembly; and
(d) assuming the provision of airworthiness support for a reserve parachute assembly, and publishing airworthiness requirements for that purpose, in the case that the reserve parachute assembly’s manufacturer no longer provides airworthiness support for the assembly.
Note 1: Subsection 2.04(4) of the Part 105 Manual of Standards prescribes maintenance requirements for reserve parachute assemblies, for the purposes of paragraph 105.055(3)(b) of CASR.
Note 2: Under section 2.06 of the Part 105 Manual of Standards, if the ASAO assumes the provision of airworthiness support for a reserve parachute assembly as mentioned in paragraph (d), the assembly must be maintained in accordance with the ASAO’s airworthiness requirements.
Note 3: See also the exposition requirements in section 5.03 of the Part 105 Manual of Standards, concerning airworthiness requirements and Part 105 ASAOs.
(3) An airworthiness activity includes the following:
(a) packing a parachute;
(b) maintaining a parachute;
(c) assembling a parachute.
(4) Authorisations to undertake an airworthiness activity include an authorisation to pack, assemble or conduct maintenance on a parachute.
(4A) Subsection (4B) applies if an ASAO has an approved function mentioned in section 23 to administer a parachute descent.
(4B) It is an aviation administration function for the ASAO to administer the airworthiness activity of assessing the compatibility of a main parachute and the parachute container of a reserve parachute assembly (a compatibility assessment), including issuing an authorisation to an individual to carry out the assessment.
29
Applications to undertake parachuting activity on basis of existingauthorisations
29 Applications to undertake parachuting activity on basis of existing
authorisations
(1) It is an aviation administration function to administer an individual holding an existing authorisation mentioned in subsection (3) in relation to undertaking a parachute descent or conducting an airworthiness activity in relation to parachutes.
(2) The function includes:
(a) assessing an existing authorisation to determine whether the holder is competent to undertake an aviation activity administered by the ASAO (the administering ASAO); and
(b) issuing an authorisation to that individual to undertake the activity.
(3) For subsection (1), an existing authorisation may be either:
(a) an overseas authorisation; or
(b) an authorisation issued by CASA or a sport aviation body other than the administering ASAO.
Note: See section 5 for the definition of overseas authorisation, and Part 1 of the Dictionary to CASR for the definition of sport aviation body.
30 Airworthiness function—aircraft operated to tow gliders
It is an aviation administration function to administer the airworthiness of the tow release used in the towing system of an aircraft operated to tow a glider, including authorising persons to carry out maintenance on the tow release.
30
Airworthiness function—aircraft operated to tow gliders
30 Airworthiness function—aircraft operated to tow gliders
It is an aviation administration function to administer the airworthiness of the tow release used in the towing system of an aircraft operated to tow a glider, including authorising persons to carry out maintenance on the tow release.
Chapter 3—Key personnel
Chapter 3—Key personnel
Chapter 3—Key personnel
31 Key personnel—managers of approved functions
(1) This section applies if an ASAO has an approved function mentioned in one of the following sections in relation to a Part 149 aircraft:
(a) section 16 (administering an airworthiness activity);
(b) section 17 (administering airworthiness organisations);
(c) section 18 (administering persons conducting Part 149 airworthiness training);
(d) section 20 (administering flight operations);
(e) section 21 (administering a Part 149 flight training organisation);
(f) section 22 (administering individuals holding existing authorisations in relation to the operation or maintenance of the aircraft).
(2) This section also applies if an ASAO has an approved function mentioned in one of the following sections:
(a) section 23 (administering parachute descents);
(b) section 24 (establishing procedures for safe conduct of parachute descents);
(d) section 26 (administering the operation of an aircraft to facilitate a parachute descent);
(e) section 27 (administering parachuting training organisations);
(f) section 28 (administering airworthiness of emergency parachutes or parachutes used for parachute descents under Part 105 of CASR);
(g) section 29 (administering individuals holding existing authorisations in relation to a parachute descent or parachute airworthiness activity);
(h) section 30 (administering the airworthiness of the tow release of an aircraft operated to tow a glider).
(3) For the purposes of paragraph (c) of the definition of key personnel in Part 1 of the Dictionary to CASR, the member (however described) of the ASAO’s personnel who is, or carries out the responsibilities of, the manager of the approved function is prescribed to be a member of the ASAO’s key personnel.
Note: The definition of key personnel (of an ASAO) in Part 1 of the Dictionary to CASR also sets out the meaning of key personnel, including that it means:
(a) the ASAO’s accountable manager; and
(b) the ASAO’s safety manager; and
(c) if the ASAO’s approved functions include administering aircraft—the manager of the function.
31
Key personnel—managers of approved functions
31 Key personnel—managers of approved functions
(1) This section applies if an ASAO has an approved function mentioned in one of the following sections in relation to a Part 149 aircraft:
(a) section 16 (administering an airworthiness activity);
(b) section 17 (administering airworthiness organisations);
(c) section 18 (administering persons conducting Part 149 airworthiness training);
(d) section 20 (administering flight operations);
(e) section 21 (administering a Part 149 flight training organisation);
(f) section 22 (administering individuals holding existing authorisations in relation to the operation or maintenance of the aircraft).
(2) This section also applies if an ASAO has an approved function mentioned in one of the following sections:
(a) section 23 (administering parachute descents);
(b) section 24 (establishing procedures for safe conduct of parachute descents);
(d) section 26 (administering the operation of an aircraft to facilitate a parachute descent);
(e) section 27 (administering parachuting training organisations);
(f) section 28 (administering airworthiness of emergency parachutes or parachutes used for parachute descents under Part 105 of CASR);
(g) section 29 (administering individuals holding existing authorisations in relation to a parachute descent or parachute airworthiness activity);
(h) section 30 (administering the airworthiness of the tow release of an aircraft operated to tow a glider).
(3) For the purposes of paragraph (c) of the definition of key personnel in Part 1 of the Dictionary to CASR, the member (however described) of the ASAO’s personnel who is, or carries out the responsibilities of, the manager of the approved function is prescribed to be a member of the ASAO’s key personnel.
Note: The definition of key personnel (of an ASAO) in Part 1 of the Dictionary to CASR also sets out the meaning of key personnel, including that it means:
(a) the ASAO’s accountable manager; and
(b) the ASAO’s safety manager; and
(c) if the ASAO’s approved functions include administering aircraft—the manager of the function.
Chapter 4—Changes to exposition
Chapter 4—Changes to exposition
Chapter 4—Changes to exposition
32 Requirements for application to approve changes to exposition
Note: This section is reserved for the purposes of paragraph 149.115(2)(c) of CASR.
32
Requirements for application to approve changes to exposition
32 Requirements for application to approve changes to exposition
Note: This section is reserved for the purposes of paragraph 149.115(2)(c) of CASR.
Chapter 5—Systems and procedures
Chapter 5—Systems and procedures
Chapter 5—Systems and procedures
33 Requirements for safety management system
(1) This section is:
(a) made for paragraph 149.270(b) of CASR; and
(b) prescribes requirements for an ASAO’s safety management system.
Systematic approach etc.
(2) The safety management system must:
(a) use a systematic approach to managing aviation safety; and
(b) set out the organisational structures, key personnel accountabilities, and policies and procedures for conducting and overseeing each of the ASAO’s approved functions.
Safety policy and objectives
(3) The safety management system must describe the ASAO’s safety policy and objectives, including in relation to:
(a) managing the ASAO’s commitment to, and responsibility for, aviation safety; and
(b) aviation safety accountabilities; and
(c) the appointment of key personnel; and
(d) the safety management system implementation plan; and
(e) relevant third party relationships and interactions; and
(f) coordination of an emergency response plan; and
(g) safety management system documentation.
Human factors principles
(4) The safety management system must describe how the ASAO will integrate human factors principles into the safety management system, including in relation to the matters in paragraphs (3)(a) to (g).
Safety risk management
(5) The safety management system must describe the ASAO’s safety risk management process, including its:
(a) hazard identification processes; and
(b) risk assessment and mitigation processes.
Safety assurance system
(6) The safety management system must describe the ASAO’s safety assurance system, including:
(a) safety performance monitoring and measurement; and
33
Requirements for safety management system
33 Requirements for safety management system
(1) This section is:
(a) made for paragraph 149.270(b) of CASR; and
(b) prescribes requirements for an ASAO’s safety management system.
Systematic approach etc.
(2) The safety management system must:
(a) use a systematic approach to managing aviation safety; and
(b) set out the organisational structures, key personnel accountabilities, and policies and procedures for conducting and overseeing each of the ASAO’s approved functions.
Safety policy and objectives
(3) The safety management system must describe the ASAO’s safety policy and objectives, including in relation to:
(a) managing the ASAO’s commitment to, and responsibility for, aviation safety; and
(b) aviation safety accountabilities; and
(c) the appointment of key personnel; and
(d) the safety management system implementation plan; and
(e) relevant third party relationships and interactions; and
(f) coordination of an emergency response plan; and
(g) safety management system documentation.
Human factors principles
(4) The safety management system must describe how the ASAO will integrate human factors principles into the safety management system, including in relation to the matters in paragraphs (3)(a) to (g).
Safety risk management
(5) The safety management system must describe the ASAO’s safety risk management process, including its:
(a) hazard identification processes; and
(b) risk assessment and mitigation processes.
Safety assurance system
(6) The safety management system must describe the ASAO’s safety assurance system, including:
(a) safety performance monitoring and measurement; and
34
Requirements for audit and surveillance system
34 Requirements for audit and surveillance system
For the purposes of regulation 149.275 of CASR, the requirements for an ASAO’s audit and surveillance system are as follows:
(a) it must be appropriate for the ASAO’s approved functions, taking into account the nature, complexity and inherent risk of the functions, and the size of the ASAO;
(b) it must include policies, processes and procedures for the conduct of audit and surveillance relevant to the ASAO’s approved functions;
(c) it must include a process for regular evaluation of the holder of an authorisation issued by the ASAO with respect to compliance by the holder with the requirements set out in the ASAO’s policies and procedures;
(d) it must include a process for evaluation of:
(i) the holder of an authorisation issued by the ASAO who may issue an authorisation on behalf of the ASAO; and
(ii) the holder of an authorisation issued by the ASAO who may recommend, to the ASAO, the issue of an authorisation;
with respect to compliance by the holder with the requirements set out in the ASAO’s procedures manual at least once in every 2 year period;
(e) it must include a process for production of the ASAO’s audit and surveillance records to CASA upon CASA’s request;
(f) it must require the capture of data on the number, and kinds, of members, authorisations, aircraft, accidents, incidents, defects and fatalities related to the ASAO’s approved functions.
35
Reference materials for administered Part 149 aircraft
35 Reference materials for administered Part 149 aircraft
(1) For the purposes of paragraph 149.285(1)(e) of CASR, the materials mentioned in subsection (2) are prescribed for an ASAO that administers an aircraft:
(a) under section 14; or
(b) under section 19 (other than an aircraft mentioned in subparagraph 7(2)(c)(iii) or (iv) or section 11).
Chapter 6—ASAO aviation administration a
Chapter 6—ASAO aviation administration and enforcement rules
Chapter 6—ASAO aviation administration and enforcement rules
36 Aviation administration and enforcement rules
For the purposes of paragraph 149.290(1)(k) of CASR, the ASAO’s aviation administration and enforcement rules must include:
(a) a process for ensuring that reports about the conduct of authorisation holders, required by regulation 149.425 of CASR:
(i) are submitted to CASA; and
(ii) are submitted within the period specified in the ASAO’s exposition for such reports; and
(b) a process for ensuring that reports about applications for authorisations required by regulation 149.430 of CASR are submitted to CASA; and
(c) rules governing how the ASAO will manage safety risks if an authorisation holder or a member of the ASAO’s personnel overrides, or attempts to override, an aviation safety‑related decision of a member of the ASAO’s key personnel; and
(d) a requirement to give a person who is affected by an enforcement decision written notice of the person’s internal review and CASA review rights; and
(e) a process for notifying CASA, in writing, of:
(i) the exercise of the ASAO’s enforcement powers; and
(ii) preventative, corrective, remedial or disciplinary action undertaken by the ASAO that relates to the contravention or suspected contravention by an authorisation holder of the ASAO’s exposition
36
Aviation administration and enforcement rules
36 Aviation administration and enforcement rules
For the purposes of paragraph 149.290(1)(k) of CASR, the ASAO’s aviation administration and enforcement rules must include:
(a) a process for ensuring that reports about the conduct of authorisation holders, required by regulation 149.425 of CASR:
(i) are submitted to CASA; and
(ii) are submitted within the period specified in the ASAO’s exposition for such reports; and
(b) a process for ensuring that reports about applications for authorisations required by regulation 149.430 of CASR are submitted to CASA; and
(c) rules governing how the ASAO will manage safety risks if an authorisation holder or a member of the ASAO’s personnel overrides, or attempts to override, an aviation safety‑related decision of a member of the ASAO’s key personnel; and
(d) a requirement to give a person who is affected by an enforcement decision written notice of the person’s internal review and CASA review rights; and
(e) a process for notifying CASA, in writing, of:
(i) the exercise of the ASAO’s enforcement powers; and
(ii) preventative, corrective, remedial or disciplinary action undertaken by the ASAO that relates to the contravention or suspected contravention by an authorisation holder of the ASAO’s exposition
Chapter 7—Exposition requirements
Chapter 7—Exposition requirements
Chapter 7—Exposition requirements
37 Requirements for content of exposition
(1) This section:
(a) is made for the purposes of paragraph 149.340(k) of CASR; and
(b) provides for additional matters that must be included in the ASAO’s exposition.
Note: Paragraphs 149.340(a) to (j) of CASR also provide for matters that must be included in the ASAO’s exposition.
(2) An exposition for an ASAO must include the following:
(a) the ASAO’s name and contact details;
(b) any operating or business name of the ASAO, including its ABN (if any);
(c) the principal physical address at which the ASAO’s accountable manager performs their duties and responsibilities;
(d) if the ASAO is a corporation—the name of each of the officers of the corporation, its ACN and the address of its registered office;
(e) a description and diagram of the ASAO’s organisation showing formal reporting lines, including the formal reporting lines for the ASAO’s key personnel positions;
(f) the process to be followed by the ASAO if a member of the ASAO’s personnel fails to carry out his or her duties or responsibilities in relation to the ASAO’s approved functions;
(g) the period for notifying CASA for the purposes of subparagraph 149.085(d)(i) of CASR;
(h) the maximum period for which a person may simultaneously occupy the positions of safety manager and any other key personnel position for the purposes of subparagraph 149.085(f)(i) of CASR;
(i) a description of how the ASAO manages the risk of human fatigue in the performance of the ASAO’s approved functions;
(j) if required by CASA—the ASAO’s alcohol and other drugs policy;
(k) for an ASAO that has entered into an agreement with another ASAO for the purpose of mutually ensuring that the activities of the organisations would not be likely to have an adverse effect on the safety of air navigation—if required by CASA, a copy of any document containing a description of the processes and procedures relating to:
(i) the information sharing arrangements between the organisations; and
(ii) the operational cooperation arrangements between the organisations;
(l) a description of the procedures that will ensure that the ASAO is able to comply with the requirements of subregulation 149.195(2) of CASR (suitably competent, qualified and trained personnel);
(m) a description of the ASAO’s record keeping and retention procedures;
(n) the time for reporting to CASA under subregulation 149.425(2) of CASR;
(o) the ASAO’s process for identifying a change to the exposition mentioned in paragraph 149.340(h) of CASR (changes to the exposition that do not require CASA’s approval);
(p) the ASAO’s process for:
(i) making applications to CASA under regulation 149.115 of CASR (approval of changes to the exposition); and
(ii) notifying the ASAO’s personnel of any approved changes;
(q) if the ASAO is approved to perform the aviation administration function of establishing and maintaining a register of aircraft—a description of the procedures for the registration of aircraft and the publication of a register of aircraft so registered;
(r) a copy of any document prepared by the ASAO that contains the ASAO’s rules and procedures relevant to its approved functions;
(s) any other matter required to be included in the exposition by the Part 103 Manual of Standards or the Part 105 Manual of Standards.
Note: For paragraph (2)(q), see the prescribed aviation administration function in section 14 (ASAO registration of certain aircraft).
37
Requirements for content of exposition
37 Requirements for content of exposition
(1) This section:
(a) is made for the purposes of paragraph 149.340(k) of CASR; and
(b) provides for additional matters that must be included in the ASAO’s exposition.
Note: Paragraphs 149.340(a) to (j) of CASR also provide for matters that must be included in the ASAO’s exposition.
(2) An exposition for an ASAO must include the following:
(a) the ASAO’s name and contact details;
(b) any operating or business name of the ASAO, including its ABN (if any);
(c) the principal physical address at which the ASAO’s accountable manager performs their duties and responsibilities;
(d) if the ASAO is a corporation—the name of each of the officers of the corporation, its ACN and the address of its registered office;
(e) a description and diagram of the ASAO’s organisation showing formal reporting lines, including the formal reporting lines for the ASAO’s key personnel positions;
(f) the process to be followed by the ASAO if a member of the ASAO’s personnel fails to carry out his or her duties or responsibilities in relation to the ASAO’s approved functions;
(g) the period for notifying CASA for the purposes of subparagraph 149.085(d)(i) of CASR;
(h) the maximum period for which a person may simultaneously occupy the positions of safety manager and any other key personnel position for the purposes of subparagraph 149.085(f)(i) of CASR;
(i) a description of how the ASAO manages the risk of human fatigue in the performance of the ASAO’s approved functions;
(j) if required by CASA—the ASAO’s alcohol and other drugs policy;
(k) for an ASAO that has entered into an agreement with another ASAO for the purpose of mutually ensuring that the activities of the organisations would not be likely to have an adverse effect on the safety of air navigation—if required by CASA, a copy of any document containing a description of the processes and procedures relating to:
(i) the information sharing arrangements between the organisations; and
(ii) the operational cooperation arrangements between the organisations;
(l) a description of the procedures that will ensure that the ASAO is able to comply with the requirements of subregulation 149.195(2) of CASR (suitably competent, qualified and trained personnel);
(m) a description of the ASAO’s record keeping and retention procedures;
(n) the time for reporting to CASA under subregulation 149.425(2) of CASR;
(o) the ASAO’s process for identifying a change to the exposition mentioned in paragraph 149.340(h) of CASR (changes to the exposition that do not require CASA’s approval);
(p) the ASAO’s process for:
(i) making applications to CASA under regulation 149.115 of CASR (approval of changes to the exposition); and
(ii) notifying the ASAO’s personnel of any approved changes;
(q) if the ASAO is approved to perform the aviation administration function of establishing and maintaining a register of aircraft—a description of the procedures for the registration of aircraft and the publication of a register of aircraft so registered;
(r) a copy of any document prepared by the ASAO that contains the ASAO’s rules and procedures relevant to its approved functions;
(s) any other matter required to be included in the exposition by the Part 103 Manual of Standards or the Part 105 Manual of Standards.
Note: For paragraph (2)(q), see the prescribed aviation administration function in section 14 (ASAO registration of certain aircraft).
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Chapter 1—Preliminary Chapter 1—Preliminary
Chapter 1—Preliminary
1 Name
(1) This instrument is the Part 149 (Approved Self-administering Aviation Organisations) Manual of Standards 2018.
(2) This instrument may be cited as the Part 149 Manual of Standards.
3 Authority
This instrument is made under the Civil Aviation Safety Regulations 1998.
Note: CASA may issue a Manual of Standards for Part 149 (Approved self-administering aviation organisations) — see regulation 149.010 of CASR.
4 Scope of Manual of Standards
(1) This instrument sets out requirements to be met by an applicant for an approved self-administering aviation organisation (ASAO) certificate under Part 149 of CASR to perform an aviation administration function.
(2) This instrument also sets out matters relating to:
(a) aviation administration functions for ASAOs; and
(b) the key personnel of an ASAO; and
(c) the requirements of an ASAO’s safety management system; and
(d) the requirements of an ASAO’s audit and surveillance system; and
(e) the content of an ASAO’s exposition.
5 Definitions
Note: A number of expressions used in this instrument are defined in the Dictionary at the end of the Civil Aviation Safety Regulations 1998, including the following:
(a) accountable manager (of an ASAO);
(b) approved function (of an ASAO);
(c) ASAO;
(d) ASAO certificate;
(e) aviation administration and enforcement rules;
(f) aviation administration function;
(g) balloon;
(h) CASR;
(i) certificate of airworthiness;
(j) hang glider;
(k) glider;
(l) gyroglider;
(m) gyroplane;
(n) key personnel (of an ASAO);
(o) national aviation authority;
(p) paraglider;
(q) parasail;
(qa) personnel (of an ASAO);
1 Name
1 Name
(1) This instrument is the Part 149 (Approved Self-administering Aviation Organisations) Manual of Standards 2018.
(2) This instrument may be cited as the Part 149 Manual of Standards.
3 Authority
3 Authority
This instrument is made under the Civil Aviation Safety Regulations 1998.
Note: CASA may issue a Manual of Standards for Part 149 (Approved self-administering aviation organisations) — see regulation 149.010 of CASR.
4 Scope of Manual of Standards
4 Scope of Manual of Standards
(1) This instrument sets out requirements to be met by an applicant for an approved self-administering aviation organisation (ASAO) certificate under Part 149 of CASR to perform an aviation administration function.
(2) This instrument also sets out matters relating to:
(a) aviation administration functions for ASAOs; and
(b) the key personnel of an ASAO; and
(c) the requirements of an ASAO’s safety management system; and
(d) the requirements of an ASAO’s audit and surveillance system; and
(e) the content of an ASAO’s exposition.
Prescribes requirements for key organisational systems: the safety management system must adopt a systematic approach, set out organisational structures and accountabilities, describe safety policy and objectives, integrate human factors, and cover hazard identification, risk assessment, monitoring and assurance (section 33). The audit and surveillance system must be proportionate to function, include audit procedures, evaluate authorised persons (including those who may issue or recommend authorisations) at least once every two years, produce records to CASA on request and capture specified data (section 34).
Specifies what an ASAO’s aviation administration and enforcement rules must contain, notably processes for reporting authorisation holder conduct and applications to CASA, rules for managing risk where safety decisions are overridden, internal review and CASA review notice requirements, and a written notification process to CASA when the ASAO exercises enforcement powers or takes corrective action related to contraventions of its exposition (section 36).
Prescribes mandatory exposition content, including organisational diagram and reporting lines, accountable manager location, corporate details where applicable, processes for managing personnel failures, periods for CASA notification, limits on simultaneous occupancy of key personnel roles, treatment of fatigue risk and alcohol and other drugs policy if CASA requires it, record keeping procedures, reporting times to CASA, publication of registers where applicable, and the requirement to include ASAO rules and any matters required by the Part 103 and Part 105 Manuals of Standards (section 37).
The instrument cross‑references multiple parts of CASR, Civil Aviation Orders and the Part 103 and Part 105 Manuals of Standards, and it reserves a section for purposes of paragraph 149.115(2)(c) of CASR (section 32). It also makes explicit that exercising ASAO enforcement powers counts as an aviation administration function, see the note to section 6. The Manual therefore establishes both the substantive catalogue of delegated administration tasks and the organisational, procedural and documentary standards ASAOs must deploy to be approved and to operate.
Main concepts
The instrument organises its content around several core legal and operational concepts that determine what an ASAO can do and how it must be organised.
Part 149 aircraft, defined across sections 7 to 12, is a central concept. The Manual lists types of small, sport and recreational aircraft that may be administered by an ASAO, and links each class to the relevant Civil Aviation Order that governs transitional exemptions and the applicable rules. The Manual does not redefine general aviation categories, rather it ties the Part 149 concept to specific aircraft types and to whether other Parts of CASR apply to the operation of the aircraft, see section 7(1)(b).
Aviation administration functions is the organisational unit of delegation. Section 6 explains the Chapter exists to prescribe aviation administration functions that an ASAO may be authorised to perform under regulation 149.075 of CASR. The Manual then lists discrete functions that an ASAO may perform for Part 149 aircraft. Each function groups a set of administrative activities and often includes the authority to issue authorisations to individuals or organisations to carry out the regulated activity (for example, sections 14-18 for registration and airworthiness; sections 20-21 for flight operations and flying training; sections 23-29 for parachuting functions).
Authorisations are individual or organisational permissions issued by the ASAO under its approved functions. The Manual repeatedly treats issuing authorisations as part of the ASAO’s functions. Examples include authorisations to individuals to conduct airworthiness activities, to provide airworthiness services, to conduct flying training or flight tests, to be parachutist instructors or examiners, and to be jump pilots or jump pilot trainers (sections 16(1), 17(2), 21(2), 23(5), 26(4)).
Exposition is the ASAO’s foundational operating manual. Section 37 prescribes specific exposition content required in addition to CASR paragraph 149.340(a)-(j). The exposition must describe organisation, accountabilities, processes for personnel failure, reporting periods, procedures for registering aircraft where authorised, record keeping, processes for making and notifying changes, and specific matters required by the Part 103 and Part 105 Manuals of Standards.
Safety management and assurance systems are mandatory. Section 33 prescribes a safety management system that uses a systematic approach, sets out structures and key personnel accountabilities, specifies safety policy and objectives including third party relationships and emergency response coordination, integrates human factors principles, describes hazard identification and risk mitigation, and sets out safety assurance arrangements such as monitoring and measurement. Section 34 requires an audit and surveillance system proportionate to the ASAO’s approved functions and size, with specific evaluation processes and record production to CASA.
Reporting, oversight and enforcement are built into the framework. Section 36 requires ASAO aviation administration and enforcement rules to ensure the ASAO submits reports to CASA about authorisation holder conduct and applications, to notify CASA when enforcement powers are exercised or corrective action is taken, and to notify affected persons of internal review and CASA review rights. The Manual also contains notes that exercising ASAO enforcement powers is an aviation administration function (note to section 6), reflecting the delegated nature of enforcement activities.
Key personnel and accountability are defined and prescribed. Section 31 prescribes that managers of approved functions are part of the ASAO’s key personnel for the purpose of the definition in the CASR Dictionary, alongside the accountable manager and safety manager referenced in the Dictionary. The exposition must include formal reporting lines for key personnel and a limit on how long a person may simultaneously occupy the safety manager role and any other key personnel position (section 37(2)(e),(h)).
Interoperability with other instruments is explicit rather than implicit. The Manual repeatedly references CASR provisions, the Part 103 and Part 105 Manuals of Standards, and named Civil Aviation Orders. Those external instruments determine scope and identify which activities fall within ASAO administration, and the Manual directs ASAOs to align their procedures and expositions with those instruments (for example sections 19 and 37 and many notes).
In sum, the Manual’s main concepts are: (1) the delineation of which small aircraft may be administered under Part 149 (Part 149 aircraft); (2) a catalogue of aviation administration functions that an ASAO may perform; (3) a mandatory exposition that documents governance, reporting and processes; (4) formal safety management, audit and surveillance systems; (5) an authorisation system for individuals and organisations; (6) reporting and enforcement rules that tie ASAO activity back to CASA oversight; and (7) prescribed roles for key personnel.
Who it affects
The instrument affects several categories of actors in concrete, rule‑defined ways.
Approved Self‑administering Aviation Organisations and applicants
Entities that seek or hold an ASAO certificate under Part 149 of CASR are the primary addressees. Section 4(1) states the instrument sets out requirements to be met by an applicant for an ASAO certificate, and other sections prescribe continuing obligations for holders regarding exposition content, safety management, audit and surveillance, reporting, and authorisation frameworks (sections 33-37, 34, 36).
The exposition content list in section 37 imposes particular administrative obligations on ASAOs: providing corporate data (ABN, ACN if a corporation), principal physical address of the accountable manager, organisational charts showing reporting lines, processes for managing personnel failures, and record keeping procedures. ASAOs that administer aircraft registries must implement registration procedures and publishing arrangements (section 14 and section 37(2)(q)).
Authorisation holders and personnel of ASAOs
Individuals who perform regulated activities for Part 149 aircraft may be subject to ASAO authorisation regimes. The Manual contemplates issuing authorisations to individuals to conduct maintenance, pack or assemble parachutes, conduct flight tests, act as parachutist instructors or examiners, act as jump pilots or jump pilot trainers, and other airworthiness and flight operations roles (sections 16, 23-28). Section 34(d) requires the ASAO audit and surveillance system to evaluate the holders of authorisations at least once every two years.
Members of the ASAO’s personnel are within scope for exposition processes, safety management responsibilities and potential enforcement actions. Section 33(2)(b) requires the SMS to set out key personnel accountabilities and policies and procedures for conducting and overseeing approved functions. Section 36(c) requires rules for managing safety risks if an authorisation holder or a member of the ASAO’s personnel overrides, or attempts to override, an aviation safety‑related decision of key personnel.
Sport aviation bodies and other ASAOs
The Manual refers to sport aviation bodies through cross‑reference to the CASR Dictionary and in its coverage of particular aircraft types. For example, microlight aeroplanes are Part 149 aircraft if listed with a sport aviation body and used for purposes set out in CAO 95.10 (section 8). Section 37(2)(k) contemplates ASAO agreements with other ASAOs intended to ensure mutual non‑adverse effects on air navigation safety, and CASA may require documentation of information sharing and operational cooperation processes where such agreements exist.
CASA (Civil Aviation Safety Authority)
CASA is the regulator authorising ASAOs under CASR and is the recipient of the ASAO’s reports and audit records. Section 3 states the instrument is made under CASR and the explanatory notes repeatedly reference CASA’s role and CASA Manuals of Standards (Part 103 and Part 105). Section 36 requires notification to CASA of enforcement actions and corrective measures, and section 34(e) requires that audit and surveillance records be made available to CASA upon request. The Manual also requires processes to ensure reporting obligations under CASR regulations 149.425 and 149.430 are satisfied (section 36(a)-(b)).
Owners and operators of Part 149 aircraft, and the public that uses ASAO services
Owners and operators of aircraft that fall within the Part 149 definitions (sections 7-12) are affected because their aircraft may be recorded on an ASAO’s register (section 14), be subject to ASAO airworthiness standards and assessments (section 15), and be subject to airworthiness activities and record keeping specified by the ASAO (section 16). Parachutists, jump pilots, and trainees will be affected where the ASAO establishes certification schemes and training standards for parachuting and jump pilot functions (sections 23-27).
Third party service providers
Persons or organisations that wish to be authorised by an ASAO to provide services, such as airworthiness organisations, flying training organisations and parachuting training organisations, are within scope. Sections 17, 21 and 27 prescribe assessment processes for organisations seeking authorisation, ongoing evaluation obligations, and the types of activities that can be authorised.
Other legal instruments and authorities
The Manual explicitly connects to other rules and instruments that affect operations. Civil Aviation Orders and Manuals of Standards for Parts 103 and 105 are referenced in multiple sections, and the Manual prescribes that the ASAO’s exposition include matters required by those Manuals of Standards and by CASR (sections 19 note, 37(2)(s)). This means operators who are also subject to CAOs, or who previously operated under sport aviation body regimes, will be affected by how the ASAO implements the Manual’s requirements.
Who bears the compliance costs
The ASAO, its authorised organisations and individual authorisation holders will carry the costs of implementing the exposition, safety management system, audit and surveillance processes, training programs, record keeping and reporting processes required by the Manual. CASA’s role is oversight and receipt of reports and records; the instrument does not in itself allocate funding, but it creates ongoing compliance tasks and record production obligations for ASAOs and their authorised persons.
In short, the Manual affects ASAOs and applicants directly, their personnel and authorised third parties, owners and operators of Part 149 aircraft, other sport aviation bodies and ASAOs with cooperative arrangements, and CASA as the oversight authority. The effects are operational and procedural: establishing authorisation frameworks, mandatory documentation and systems, evaluation cycles, record keeping and reporting lines.
Key duties and rights
This Manual prescribes duties that fall on the ASAO as holder or applicant for authorisation, and it defines rights in the sense of delegated functions and the authority to issue authorisations. The duties are administrative, procedural and systems oriented, while the rights are the authority to perform specified aviation administration functions and to issue individual and organisational authorisations under those functions.
Core duties imposed on an ASAO
Exposition content and maintenance: An ASAO must include specific matters in its exposition, see section 37(2). Duties include recording the ASAO’s name and contact details, any ABN, principal physical address of the accountable manager, corporate officer details where a corporation, organisational description and diagram showing formal reporting lines, processes for personnel failures, CASA notification periods, limits on combined key personnel roles, fatigue management processes, record keeping and retention procedures, reporting time for CASA under subregulation 149.425(2) of CASR, processes for identifying and applying to CASA for changes to the exposition, and procedures for registration and publication of an aircraft register where the ASAO is authorised to administer a register (section 37(2)(a)-(q), (m)-(p) and note on (q)).
Safety management system (SMS): Section 33 requires the safety management system to adopt a systematic approach to managing aviation safety, set out organisational structures, accountabilities and policies for each approved function, state safety policy and objectives including appointment of key personnel, emergency response coordination, safety documentation, and integration of human factors. The ASAO must describe hazard identification, risk assessment and mitigation processes, and safety assurance mechanisms such as performance monitoring and measurement (section 33(2)-(6)).
Audit and surveillance: Section 34 requires an audit and surveillance system appropriate to the ASAO’s approved functions and size, containing policies and procedures for audits and surveillance, a process to regularly evaluate holders of authorisations (including those who may issue or recommend authorisations) with a minimum frequency of once every two years, a process for producing audit and surveillance records to CASA upon request, and data capture requirements on members, authorisations, aircraft, accidents, incidents, defects and fatalities (section 34(a)-(f)).
Reporting and enforcement rules: Section 36 obliges the ASAO to have aviation administration and enforcement rules that ensure reporting to CASA in relation to authorisation holder conduct and applications, governance on managing overridden safety decisions, notification to affected people of internal and CASA review rights, and procedures for notifying CASA in writing when enforcement powers are exercised or corrective action is taken (section 36(a)-(e)).
Registration duties where authorised: If authorised under section 14, the ASAO must establish and maintain an ASAO register containing specified information enabling identification of aircraft, owners and operators, including manufacturer, model, construction/serial number, unique ASAO identifier, and owner/operator name and address (section 14(a)-(e)).
Authorisation and assessment duties: Where the ASAO administers airworthiness, flight operations, training or parachuting functions, it must develop competency standards, certification schemes, training and assessment criteria, and issue or withdraw authorisations in accordance with its exposition and procedures (sections 15-16, 20-21, 23-27). For example, section 16(2)(a) requires the ASAO to develop competency standards for candidates for airworthiness authorisations.
Rights and delegated authorities of an ASAO
Delegated aviation administration functions: The ASAO may be authorised to perform aviation administration functions under regulation 149.075 of CASR; the Manual prescribes the functions an ASAO may administer, such as registration (section 14), setting airworthiness standards and conducting design assessments (section 15), and authorising airworthiness organisations and trainers (sections 16-18), flight operations and flying training (sections 19-21), parachuting activities (sections 23-29), and tow release airworthiness for glider towing (section 30).
Authority to issue authorisations: The ASAO is expressly empowered to issue authorisations to individuals and organisations to perform regulated activities associated with its approved functions, for example authorisations to individuals to perform maintenance, to conduct flight tests, to act as parachutist examiners or instructors, and to be parachuting training organisations or flying training organisations, see sections 16(1)-(5), 17(2), 21(2), 23(5), 26(4) and 27(2).
Enforcement activity as a function: The Manual recognises that exercising ASAO enforcement powers is itself an aviation administration function; see the note to section 6 and obligations in section 36 to notify CASA and to provide internal review/CASA review notices. This recognition constitutes a procedural right to exercise enforcement within the scope of ASAO delegation, subject to CASA’s oversight and the ASAO’s rules.
Duties of key personnel
Managers of approved functions are prescribed as key personnel for the purposes of the CASR Dictionary definition of key personnel, see section 31(3). The SMS must set out key personnel accountabilities (section 33(2)(b)), and the exposition must show reporting lines for key personnel positions (section 37(2)(e)). The exposition must also set the maximum period for which a person may simultaneously occupy the safety manager role and another key personnel role (section 37(2)(h)).
Procedural rights of persons affected by enforcement decisions
Section 36(d) requires a requirement to give a person who is affected by an enforcement decision written notice of their internal review and CASA review rights. That is a procedural duty on the ASAO and a procedural right for affected persons.
Cross‑instrument duties
The Manual repeatedly references CASR provisions and Civil Aviation Orders. For example, sections 19 and 37 require alignment with applicable CAOs and with the Part 103 and Part 105 Manuals of Standards. Where CASR or a CAO applies to an aircraft, the ASAO’s duties must be exercised in accordance with those instruments.
In short, the Manual imposes duties on ASAOs to document governance and processes in an exposition, to implement safety management, audit and surveillance systems, to develop competency standards and authorisation regimes across airworthiness and flight operations, to maintain specified records and registers, and to operate enforcement and reporting rules that notify CASA. In return the ASAO has the delegated authority to carry out discrete aviation administration functions and to issue authorisations to individuals and organisations within the scope of its approvals.
Penalties and enforcement
The Manual itself does not create new criminal offences or prescribe monetary penalties; rather it sets out the procedural framework for ASAOs to exercise aviation administration functions, including enforcement when authorised. The instrument therefore situates enforcement within a delegated administration model where the ASAO implements enforcement powers subject to CASA oversight and procedural safeguards.
Delegated enforcement as an aviation administration function
The Manual notes that exercising ASAO enforcement powers is an aviation administration function, see the note to section 6. That places enforcement within the catalogue of functions an ASAO may be authorised to perform under CASR regulation 149.075. The Manual does not specify the substantive content of enforcement powers, fines or sanctions; such instruments and penalties are set out elsewhere in CASR and in the Civil Aviation Act and subordinate instruments. The Manual prescribes how an ASAO must manage and document enforcement activity when it occurs.
ASAO obligations when enforcement is exercised
Notification to CASA: Section 36(e) requires the ASAO’s aviation administration and enforcement rules to include a process for notifying CASA, in writing, of the exercise of the ASAO’s enforcement powers, and to notify CASA of preventative, corrective, remedial or disciplinary action undertaken by the ASAO related to the contravention or suspected contravention by an authorisation holder of the ASAO’s exposition. That creates a mandatory reporting duty tied to enforcement activity.
Internal review and CASA review rights: Section 36(d) requires the ASAO to include a requirement to give a person who is affected by an enforcement decision written notice of the person’s internal review and CASA review rights. This prescribes procedural steps the ASAO must follow when taking enforcement action that affects a person.
Record keeping and CASA access
Section 34(e) requires the ASAO’s audit and surveillance system to include a process for production of the ASAO’s audit and surveillance records to CASA upon CASA’s request. Where enforcement activity is based on audit or surveillance findings, CASA can require production of those records for its own oversight and any subsequent action.
Reporting of conduct and applications
Section 36(a)-(b) obliges the ASAO to have processes that ensure required reports about the conduct of authorisation holders and reports about applications for authorisations are submitted to CASA in accordance with relevant CASR regulations (149.425 and 149.430). These reporting flows support CASA’s supervisory role and may feed into regulatory enforcement outside the ASAO.
Limits and interaction with CASR
The Manual deals with the structure and process for ASAO enforcement, but it does not purport to replace CASA’s regulatory powers under CASR or the Civil Aviation Act. Where offences, civil penalties or regulatory prohibitions apply, those are located in CASR, the Civil Aviation Act, CAOs or other instruments. The Manual’s enforcement provisions are operational rather than punitive; they require transparency and procedural protections and integrate ASAO enforcement into CASA’s oversight regime.
Practical implications for ASAOs and affected persons
ASAOs must design and document processes for exercising enforcement powers, notify affected persons of review pathways, report enforcement actions and related remedial steps to CASA, and keep audit records that CASA may request. Affected individuals have the right to be given written notice of internal review procedures and of CASA review rights when subject to enforcement decisions by an ASAO (section 36(d)). The frequency and content of ASAO evaluations of authorisation holders (section 34(d)) will also be relevant to preventative enforcement and corrective action.
In sum, the Manual frames enforcement as part of the ASAO’s delegated administration function, prescribes procedural duties for the ASAO when enforcement is exercised, requires reporting to CASA and provides procedural notice rights to affected persons, but it does not itself set substantive penalties or criminal sanctions. Those remain the province of CASR and other statutory instruments referenced in the Manual.
How it interacts with other laws
The Manual is explicitly networked to CASR, the Civil Aviation Orders, the Part 103 and Part 105 Manuals of Standards, and the Civil Aviation Act 1988. Its provisions rely on and supplement those instruments; it does not operate in isolation.
Conferred authority and cross‑reference to CASR
The instrument is made under CASR, see section 3. That establishes the Manual as a subordinate instrument that implements and details obligations arising under Part 149 of CASR. The Manual repeatedly cites CASR provisions that give CASA power to issue Manuals of Standards for Part 149, for example the note to section 3 referencing regulation 149.010 of CASR and section 33 being made for paragraph 149.270(b) of CASR. Practitioners must therefore treat the Manual as supplementary guidance that prescribes requirements for compliance with CASR obligations.
Civil Aviation Orders and transitional arrangements
Numerous sections tie which aircraft qualify as Part 149 aircraft to specific Civil Aviation Orders. For example, the note to section 7 links the aircraft covered by section 7 to the definitions as Part 103 aircraft under regulation 103.005 of CASR and references Civil Aviation Orders such as CAO 95.4 (sailplanes and towing aircraft) and CAO 95.8 (hang gliders and paragliders) Instrument 2021, and CAO 95.32 for powered parachutes (note to section 7). Sections 8-12 also make qualification contingent on particular CAOs applying to the aircraft. Section 19 defines “applicable CAO” for flight operations of particular Part 149 aircraft. This indicates the Manual does not supplant CAO requirements but requires ASAOs to administer in accordance with the CAOs that apply to particular aircraft.
Relation to the Part 103 and Part 105 Manuals of Standards
The Manual cross‑references the Part 103 and Part 105 Manuals of Standards. Section 35 prescribes reference materials for Part 149 aircraft for the purposes of paragraph 149.285(1)(e) of CASR. Section 28(2)(c) and the note to section 28 refer to Part 105 Manual of Standards’ provisions (for example section 2.04(4)(b) and section 2.06) concerning reserve parachute assembly maintenance and ASAO airworthiness requirements. Section 37(2)(s) requires inclusion in the exposition of any other matter required by the Part 103 or Part 105 Manuals of Standards. Practically this means an ASAO administering parachuting or certain sport aviation activities must align exposition content and procedures with those Manuals.
Definitions in the CASR Dictionary and other statutory definitions
Section 5 notes that a number of expressions used in the Manual are defined in the Dictionary at the end of CASR, including “accountable manager”, “approved function”, “ASAO certificate”, “aviation administration and enforcement rules”, “aviation administration function”, “national aviation authority” and multiple aircraft types. Section 31 relies on the CASR Dictionary definition of key personnel. Practitioners must consult the CASR Dictionary to interpret many terms used in the Manual.
CASR regulatory provisions referenced for specific administrative requirements
The Manual expressly refers to particular CASR regulations and subregulations in several places. For example, the note to section 3 refers to regulation 149.010 of CASR enabling CASA to issue a Manual of Standards; section 4 refers to an ASAO certificate under Part 149 of CASR; section 6 expressly references regulation 149.075 of CASR in prescribing functions. Section 37(2)(g) and (n) reference subregulation 149.085(d)(i) and subregulation 149.195(2) of CASR respectively, and section 37(2)(n) requires the ASAO to state the time for reporting to CASA under subregulation 149.425(2) of CASR. Section 36 requires the ASAO’s rules to support reporting required by regulations 149.425 and 149.430 of CASR. This establishes a procedural loop between ASAO exposition/rules and CASR reporting and notification obligations.
Interaction with Civil Aviation Act 1988
The Manual references the Civil Aviation Act 1988 to define the term “civil aviation legislation” used in section 24. The Manual’s domain is subordinate regulation and standards of an instrument made under CASR, which itself implements the Civil Aviation Act, so the Manual must be read within that statutory hierarchy.
Delegation and oversight
The Manual does not transfer ultimate regulatory authority from CASA. It defines what an ASAO may do within its delegated remit and specifies that CASA is the recipient of reports and records and the body that must be given notice of enforcement actions (sections 36 and 34(e)). This creates a pattern of delegated administration coupled with regulatory oversight.
Practical consequences of the interactions
Where CAOs, CASR or the Part 103 and Part 105 Manuals address an issue, the ASAO must ensure its exposition and procedures are consistent with those instruments. The Manual permits an ASAO to set standards where the legislation does not otherwise provide for standards for that aircraft under CAR or CASR, see section 15(1) note, but those standards must be exercised within the boundaries of CASR and other applicable instruments. ASAO decisions about issuing authorisations, standards, and enforcement will therefore need to be made with reference to both the Manual and the primary legislation and subordinate instruments that govern the aircraft and activities concerned.
In summary, the Manual functions as a detailed, instrument‑specific complement to CASR and to relevant CAOs and Manuals of Standards. It prescribes how delegated administration under Part 149 must be structured, documented and operated while leaving substantive regulatory authority, offences and penalties to CASR and the Civil Aviation Act.
Amendment history
The text provided is titled the Part 149 (Approved Self‑administering Aviation Organisations) Manual of Standards 2018, and includes repeated section headings and notes that identify the instrument as the Part 149 Manual of Standards and that it is made under the Civil Aviation Safety Regulations 1998, see sections 1 and 3. The instrument text as provided does not contain a schedule of amendments, a chronological list of amendments, commencement dates beyond the 2018 title, or specific amending instruments appended to the text.
Notable internal features that indicate amendment or editorial processes
The instrument contains repeated paragraphs and duplicated headings, for example sections 1, 3, 4 and 5 appear twice in the provided text, and several other sections are repeated. Those duplications appear to be artefacts of the text supplied rather than amendment entries, and the Manual itself does not in these passages present a formal amendment table or notes identifying dates of amendment.
The instrument includes references to Civil Aviation Orders Instrument 2021 in the explanatory notes to sections dealing with Part 149 aircraft, for example the note to section 7 references CAO instruments dated 2021 (CAO 95.4 Instrument 2021, CAO 95.8 Instrument 2021, and CAO 95.32 Instrument 2021). Those references indicate that certain external instruments relevant to interpreting which aircraft are Part 149 aircraft were in force or made in 2021. The Manual text itself does not annotate where that cross‑reference was added or amended.
Reserved and cross‑referenced material
Section 32 is marked as reserved for the purposes of paragraph 149.115(2)(c) of CASR. The presence of reserved sections suggests the Manual anticipates填ing out further content or that subject matter for that provision is to be dealt with by separate amendment or administrative action. The text as provided does not show when, or if, that reserved section will be populated.
Practical effect for users seeking amendment history
Practitioners requiring a formal amendment history, dates of commencement for particular sections, or a history of changes should consult the consolidated instrument as published by the Commonwealth Consolidated Acts or CASA’s legislative instruments registry. The supplied text does not itself provide a dated amendment record or a list of prior versions. It also contains embedded notes pointing to other instruments and manuals whose commencement and amendment histories will be relevant to interpreting the Manual.
In short, the Manual is named as the 2018 Manual of Standards and contains internal notes referencing later CAO instruments, but the provided text does not include a formal amendment history within itself. Users must consult the authoritative published instrument and CASA’s legislative registry for an official amendment chronology and for the current consolidated version.
Litigation history
The Manual as supplied contains no references to litigation, court decisions or legal precedents. It does not cite cases, and there is no litigation history recorded in the instrument text provided.
Practical consequence for legal research
Because the Manual does not mention judicial consideration, any legal challenges or court interpretations that might affect how the Manual is applied will not be discoverable from the instrument itself. Practitioners seeking judicial interpretations of Part 149 delegation, ASAO decisions, enforcement exercise by ASAOs, or the operation of particular Manual provisions must search judicial databases, administrative tribunal records and decisions involving CASA or ASAOs. The Manual itself does not document such decisions.
Where to look for disputes and case law
Relevant sources outside the Manual for litigation or administrative review history include: decisions of the Administrative Appeals Tribunal, Federal Court of Australia decisions involving CASA, and any tribunal or court decisions arising from enforcement actions taken by ASAOs or CASA. Similarly, disciplinary or administrative matters involving authorised individuals might be recorded in administrative determinations or tribunal decisions. The Manual does not reproduce or summarise any of that material.
Summary statement
The instrument contains no litigation history. For judicial or administrative rulings affecting Part 149 or ASAO activity, consult external case law repositories and tribunal records; such material is outside the scope of the Manual text provided.
Gotchas
This section highlights provisions and interactions in the Manual that commonly cause implementation or compliance surprises for ASAOs, authorised persons and advisers. Each item references the relevant provision and explains the concrete mechanism that may create friction or an operational need.
Qualification of Part 149 aircraft is instrument‑specific and conditional
The Manual defines Part 149 aircraft in terms of specific aircraft types and by reference to whether other parts of CASR apply to the operation, see section 7(1)(b) and sections 8-12. Practitioners should not assume all small recreational aircraft are automatically Part 149 aircraft. Qualification can depend on registration status, applicability of subregulation 103.005(2A), or whether a named Civil Aviation Order applies (note to section 7 and section 19). The implication is that an aircraft’s regulatory treatment may change depending on its registration status or changes to CAOs. Verify whether a specific aircraft presently falls within a Part 149 category before relying on ASAO administration.
ASAO may set airworthiness standards where CASR/CAR silent
Section 15(1) allows an ASAO to set airworthiness standards for a Part 149 aircraft if legislation does not otherwise provide standards under CAR or CASR. That creates a governance point: where CASA or a CAO has not prescribed a standard, the ASAO’s own standard becomes the operable requirement for aircraft it administers. That can produce fragmentation of standards across ASAOs and requires careful exposition drafting to ensure standards are clear, defensible, and consistent with any higher‑order regulatory expectations.
Extensive exposition requirements tie to corporate and personal data
Section 37(2) requires ASAOs to include corporate identifiers (ABN, ACN if a corporation), accountable manager’s principal physical address, names of officers and registered office address, and organisational diagrams showing formal reporting lines. Organisations unfamiliar with public disclosure obligations may need to adjust governance and information protection practices when making exposition publicly available, and must ensure accuracy because exposition underpins many approvals.
Audit frequency and scope for authorisation holders
Section 34(d) requires evaluation of holders who may issue authorisations on behalf of the ASAO, and holders who may recommend issue of authorisations, with respect to compliance at least once every two years. The ASAO’s audit and surveillance system must be proportionate but must operationalise this minimum frequency. ASAOs should plan audit resources and documentation to meet that cadence.
Record capture and data obligations
Section 34(f) requires capture of data on the number and kinds of members, authorisations, aircraft, accidents, incidents, defects and fatalities related to the ASAO’s approved functions. ASAOs should ensure their information systems can reliably capture and report those categories. The Manual further requires audit records be producible to CASA on request (section 34(e)). Failure to maintain retrievable records is a practical compliance risk.
Reporting timelines tied to CASR regulations
The Manual requires processes to ensure reports required by CASR regulations 149.425 and 149.430 are submitted to CASA, and to specify the time for reporting to CASA under subregulation 149.425(2) in the exposition (section 36(a), (b); section 37(2)(n)). The ASAO must therefore align its internal reporting timelines and escalation paths with CASR deadlines. Missing those timelines can result in CASA oversight or intervention.
Human factors, fatigue and alcohol policies may be required
The SMS must integrate human factors principles (section 33(4)) and the exposition must describe how the ASAO manages human fatigue (section 37(2)(i)). CASA may require an ASAO’s alcohol and other drugs policy to be included in the exposition (section 37(2)(j)). ASAOs that have informal practices may need to formalise fatigue and drug/alcohol management and training to meet exposition expectations.
Enforcement procedural notice obligations
Section 36(d) requires written notice to persons affected by enforcement decisions that includes internal review and CASA review rights. ASAOs exercising enforcement must have documented internal review processes ready to be applied and must provide the specified notices. Procedural lapses can affect legal defensibility of enforcement decisions.
Interactions with CAOs and change management
The Manual ties many functions to the applicable CAO (for example sections 7 and 19). If a CAO changes or is repealed, the classification of aircraft and the ASAO’s authority may change. Section 37(2)(o) requires the ASAO to include its process for identifying changes to the exposition that do not require CASA approval, and section 37(2)(p) requires the ASAO to include its process for applying to CASA for approval of exposition changes. ASAOs must manage change control and ensure timely CASA applications where necessary.
Reserved content and expectations of CASA’s further requirements
Section 32 is reserved for a purpose identified in CASR. The presence of reserved text signals that CASA may add further mandatory content by amendment or instrument. ASAOs should expect that some expository or procedural matters may be required subsequently and design expositions and processes to be adaptable.
Parachute airworthiness support fallback
Section 28(2)(d) allows an ASAO to assume provision of airworthiness support for a reserve parachute assembly and publish airworthiness requirements if the manufacturer no longer provides airworthiness support. This places a practical duty on the ASAO to define maintenance and support arrangements if industry suppliers withdraw support, which may have cost implications and require technical capability the ASAO may need to secure.
Key personnel inclusion and role limits
Section 31 prescribes managers of approved functions as key personnel, and section 37(2)(h) requires the exposition to state the maximum period a person may occupy both safety manager and another key personnel position. ASAOs must plan succession, role allocation and staffing to avoid conflicts with exposition statements and to meet CASA expectations about separation of duties.
These “gotchas” are concrete operational and legal points that emerge from the Manual’s text. They tend to be matters of process design, record keeping, scope verification against CAOs and CASR, and resource planning for audit, training and authorisation programs. ASAOs and their advisers should map these items to their exposition, SMS and audit plans early in the approval process.
How to comply
This section sets out practical steps an applicant or existing ASAO should take to comply with the Manual’s prescriptions, mapped directly to the sections that impose duties. The focus is on concrete deliverables ASAOs must produce and maintain.
Determine which Part 149 aircraft you will administer
Review sections 7-12 to confirm whether the aircraft classes you propose to administer qualify as Part 149 aircraft. Check registration status, applicability of subregulation 103.005(2A) where relevant, and whether the relevant Civil Aviation Orders cited in the Manual apply to the aircraft in question. Where the Manual’s notes cite specific CAO instruments, obtain those CAOs and confirm current applicability. This is fundamental because the scope of your approved functions depends on which aircraft are Part 149 aircraft.
Prepare the exposition required by section 37
Draft an exposition that includes each matter listed in section 37(2). Key items to include: ASAO name and contact details; operating/business name and ABN; principal physical address for the accountable manager; corporate officer names and ACN if a corporation; an organisational diagram with formal reporting lines for key personnel; processes to deal with personnel failures; periods for notifying CASA under subparagraph 149.085(d)(i) of CASR; maximum combined occupancy periods for safety manager roles; fatigue management arrangements; alcohol and other drugs policy if required by CASA; information sharing/operational cooperation documentation with other ASAOs where applicable; procedures to ensure suitably competent, trained personnel as required by subregulation 149.195(2) of CASR; record keeping and retention procedures; reporting times to CASA under subregulation 149.425(2) of CASR; process for identifying and approving changes to the exposition; procedures for registration and publication of an ASAO aircraft register if applicable; copies of ASAO rules and procedures relevant to approved functions; and any items required by the Part 103 or Part 105 Manuals of Standards. Ensure the exposition is internally consistent and references the ASAO’s SMS and audit arrangements.
Design and implement a Safety Management System compliant with section 33
Implement an SMS that uses a systematic approach to managing aviation safety and that documents organisational structures and key personnel accountabilities for each approved function (section 33(2)). Include written safety policy and objectives covering commitment to safety, accountabilities, key personnel appointment, implementation plan, third party relationships, emergency response coordination and SMS documentation (section 33(3)). Integrate human factors into the SMS (section 33(4)). Provide documented hazard identification, risk assessment and mitigation processes (section 33(5)). Establish safety assurance processes covering performance monitoring and measurement (section 33(6)). The SMS must be capable of being audited and integrated with the ASAO’s audit and surveillance system described below.
Establish an audit and surveillance system meeting section 34
Design policies, processes and procedures for audit and surveillance that are proportionate to the ASAO’s functions, complexity and size (section 34(a)-(b)). Include processes for regular evaluation of holders of authorisations who may issue authorisations or recommend their issue, with a requirement to evaluate such holders at least once every two years (section 34(d)). Implement a process for producing audit and surveillance records to CASA upon request (section 34(e)). Ensure data capture systems record the number and kinds of members, authorisations, aircraft, accidents, incidents, defects and fatalities as required by section 34(f).
Build authorisation frameworks aligned to functions in sections 14-30
For each aviation administration function you seek approval to administer, develop detailed competency standards, certification schemes, training curricula, assessment criteria, privileges and limitations, experience and proficiency requirements as required by the relevant sections. For airworthiness functions this includes standards for design, manufacture and maintenance, schemes for special flight permits and airworthiness records (section 15(1)-(2) and section 16(2)(a)-(e)). For flight operations develop pilot certification schemes, flight tests, aeronautical knowledge requirements and ongoing competency assessments (section 20(2)(a)-(c) and section 20(3)). For parachuting deploy parachutist certification schemes, tandem parachutist training requirements and jump pilot training standards (sections 23 and 26). In each case include clear authorisation application, renewal and revocation procedures to be documented in the exposition.
Implement registration processes if authorised to maintain an ASAO register
If authorised under section 14, create and maintain an ASAO register containing the fields mandated by section 14(a)-(e), including manufacturer and model, construction or serial number, the ASAO’s unique identifier, and name and address of owner and operator. Ensure publication procedures for the register are included in the exposition as required by section 37(2)(q).
Create aviation administration and enforcement rules per section 36
Draft rules that ensure: (a) required reports about authorisation holder conduct are submitted to CASA and within periods specified in the exposition, (b) reports about applications for authorisations required by regulation 149.430 of CASR are submitted to CASA, (c) rules for managing safety risks when authorised persons or personnel override or attempt to override safety decisions of key personnel, (d) a requirement to give affected persons written notice of internal review and CASA review rights, and (e) processes for notifying CASA in writing when enforcement powers are exercised or corrective/remedial/disciplinary action is taken (section 36(a)-(e)). Ensure the rules describe timeframes, communication channels and record retention.
Establish record keeping and reporting systems referenced in section 37 and section 34
Implement information systems and retention schedules consistent with section 37(2)(m) and section 34(f). These systems must enable timely reporting to CASA under subregulation 149.425(2), production of audit records on request, and general regulatory reporting. Ensure confidentiality and data protection practices are reconciled with exposition disclosure requirements.
Nominate, document and provide evidence of key personnel roles per section 31 and section 37
Identify and document the accountable manager, safety manager and managers of approved functions as key personnel, and include formal reporting lines in the exposition (section 31 and section 37(2)(e)). Ensure the maximum period for simultaneous occupancy of safety manager and another key role is stated and complied with (section 37(2)(h)). Provide CVs, competency evidence and role descriptions to CASA as required when seeking approval.
Plan audit schedules and training to meet the two‑year evaluation minimum
Ensure the ASAO’s audit timetable accounts for the minimum once every two year evaluation of holders who may issue or recommend authorisations (section 34(d)). Provide training and ongoing competency checks for authorised individuals and organisations, and schedule recurrent training as part of the SMS and training programs required by sections 16(2)(a), 20(2)(b) and 23(2)(b).
Prepare for CASA requests and oversight activity
Maintain readily producible audit and surveillance records and be prepared to notify CASA in writing of enforcement or corrective actions (section 36(e)) and to provide audit records upon CASA request (section 34(e)). Implement internal review processes to respond to appeals and to provide the notices required by section 36(d).
Integrate CAOs and Manuals of Standards into policies and exposition
Ensure the ASAO’s procedures and exposition explicitly reference and align with applicable Civil Aviation Orders, and with the Part 103 and Part 105 Manuals of Standards where relevant (sections 19, 28 and 37(2)(s)). Confirm that any CAO‑specific operational rules and parachuting or sport aviation training requirements are reflected in the ASAO’s training syllabi and authorisation criteria.
Manage change control for exposition amendments
Implement the processes required by section 37(2)(o)-(p) to identify and either internally effect minor exposition changes or seek CASA approval where required by regulation 149.115 of CASR. Provide procedures for notifying personnel of approved changes.
Consider contingency for technical support withdrawal
For parachute reserve assemblies, if the manufacturer withdraws airworthiness support, section 28(2)(d) requires the ASAO to assume provision of airworthiness support and to publish airworthiness requirements for that purpose. Plan resourcing and technical competence to meet that contingency where the ASAO administers parachute airworthiness.
Legal and administrative housekeeping
Ensure all exposition material, SMS documentation, audit schedules, authorisation templates, and reporting processes are version controlled, dated and auditable. Confirm that corporate identifiers and officer details included in the exposition are accurate and updated promptly if they change.
Following this sequence of steps, and documenting the outputs so they can be presented to CASA during the application and ongoing compliance processes, will align an ASAO with the Manual’s core prescriptions. Throughout, cross‑check references to CASR, CAOs and the Part 103 and Part 105 Manuals of Standards, and be prepared to adapt exposition content to any CASA directions or subsequent amendments.
Note: A number of expressions used in this instrument are defined in the Dictionary at the end of the Civil Aviation Safety Regulations 1998, including the following:
(a) accountable manager (of an ASAO);
(b) approved function (of an ASAO);
(c) ASAO;
(d) ASAO certificate;
(e) aviation administration and enforcement rules;
(f) aviation administration function;
(g) balloon;
(h) CASR;
(i) certificate of airworthiness;
(j) hang glider;
(k) glider;
(l) gyroglider;
(m) gyroplane;
(n) key personnel (of an ASAO);
(o) national aviation authority;
(p) paraglider;
(q) parasail;
(qa) personnel (of an ASAO);
This
Chapter
:
(a) is made for the purposes of paragraph (b) of the definition of aviation administration function in Part 1 of the Dictionary to CASR; and
(b) prescribes aviation administration functions that an ASAO may be authorised to perform under regulation 149.075 of CASR.
Note: Exercising ASAO enforcement powers is also an aviation administration function. See paragraph (a) of the definition of aviation administration function in Part 1 of the Dictionary to CASR.
Division 1 General
Chapter 2—Aviation administration functions
Division 1—General
6 Prescribed aviation administration functions
This
Chapter
:
(a) is made for the purposes of paragraph (b) of the definition of aviation administration function in Part 1 of the Dictionary to CASR; and
(b) prescribes aviation administration functions that an ASAO may be authorised to perform under regulation 149.075 of CASR.
Note: Exercising ASAO enforcement powers is also an aviation administration function. See paragraph (a) of the definition of aviation administration function in Part 1 of the Dictionary to CASR.
6 Prescribed aviation administration functions
6 Prescribed aviation administration functions
This
Chapter
:
(a) is made for the purposes of paragraph (b) of the definition of aviation administration function in Part 1 of the Dictionary to CASR; and
(b) prescribes aviation administration functions that an ASAO may be authorised to perform under regulation 149.075 of CASR.
Note: Exercising ASAO enforcement powers is also an aviation administration function. See paragraph (a) of the definition of aviation administration function in Part 1 of the Dictionary to CASR.
Division 2 Aviation administration functions for sport and recreational aircraft
Division 2—Aviation administration functions for sport and recreational aircraft
Subdivision A—Preliminary definitions and application
7 Part 149 aircraft—sailplanes, powered parachutes, gyrogliders, hang gliders and paragliders etc.
(1) An aircraft is a Part 149 aircraft if:
(a) it is an aircraft to which subsection (2) applies; and
(b) none of Parts 132, 133, 135 or 137 of CASR applies to the operation of the aircraft.
(2) This subsection applies to:
(a) a sailplane; and
(b) a touring motor glider that:
(i) is not registered; or
(ii) is registered, but subregulation 103.005(2A) of CASR does not apply in relation to the operation of the aircraft; and
(c) an aircraft that is not registered and is one of the following:
(i) a powered parachute;
(ii) a gyroglider;
(iii) a hang glider or powered hang glider;
(iv) a paraglider or powered paraglider.
Note: The aircraft covered by section 7 are defined as Part 103 aircraft under regulation 103.005 of CASR: see subparagraphs 103.005(4)(b)(i), (ii), (iii), (iv), (iva) and subregulation 103.005(5). At the time of the commencement of this section, the aircraft are (in most cases) the subject of one of the Civil Aviation Orders mentioned below, enabling a transitional scheme under which aircraft that are administered by a sport aviation body and are operated in accordance with the relevant Civil Aviation Order are exempt from certain provisions of CAR and CASR (including Part 103):
(a) Civil Aviation Order 95.4 (Exemptions from CAR and CASR — Sailplanes and Towing Aircraft) Instrument 2021; and
(b) Civil Aviation Order 95.8 (Exemptions from CAR and CASR — Hang Gliders and Paragliders) Instrument 2021; and
(e) to the extent that it relates to powered parachutes, Civil Aviation Order 95.32 (Exemptions from CAR and CASR — Powered Parachutes and Weight‑shift‑controlled Aeroplanes) Instrument 2021.
8 Part 149 aircraft—microlight aeroplanes
A microlight aeroplane is a Part 149 aircraft if it is:
(a) listed with a sport aviation body; and
(b) operated for a purpose mentioned in Civil Aviation Order 95.10.
Subdivision A Preliminary definitions and application
Division 2—Aviation administration functions for sport and recreational aircraft
Subdivision A—Preliminary definitions and application
7 Part 149 aircraft—sailplanes, powered parachutes, gyrogliders, hang gliders and paragliders etc.
(1) An aircraft is a Part 149 aircraft if:
(a) it is an aircraft to which subsection (2) applies; and
(b) none of Parts 132, 133, 135 or 137 of CASR applies to the operation of the aircraft.
(2) This subsection applies to:
(a) a sailplane; and
(b) a touring motor glider that:
(i) is not registered; or
(ii) is registered, but subregulation 103.005(2A) of CASR does not apply in relation to the operation of the aircraft; and
(c) an aircraft that is not registered and is one of the following:
(i) a powered parachute;
(ii) a gyroglider;
(iii) a hang glider or powered hang glider;
(iv) a paraglider or powered paraglider.
Note: The aircraft covered by section 7 are defined as Part 103 aircraft under regulation 103.005 of CASR: see subparagraphs 103.005(4)(b)(i), (ii), (iii), (iv), (iva) and subregulation 103.005(5). At the time of the commencement of this section, the aircraft are (in most cases) the subject of one of the Civil Aviation Orders mentioned below, enabling a transitional scheme under which aircraft that are administered by a sport aviation body and are operated in accordance with the relevant Civil Aviation Order are exempt from certain provisions of CAR and CASR (including Part 103):
(a) Civil Aviation Order 95.4 (Exemptions from CAR and CASR — Sailplanes and Towing Aircraft) Instrument 2021; and
(b) Civil Aviation Order 95.8 (Exemptions from CAR and CASR — Hang Gliders and Paragliders) Instrument 2021; and
(e) to the extent that it relates to powered parachutes, Civil Aviation Order 95.32 (Exemptions from CAR and CASR — Powered Parachutes and Weight‑shift‑controlled Aeroplanes) Instrument 2021.
8 Part 149 aircraft—microlight aeroplanes
A microlight aeroplane is a Part 149 aircraft if it is:
(a) listed with a sport aviation body; and
(b) operated for a purpose mentioned in Civil Aviation Order 95.10.
7 Part 149 aircraft—sailplanes, powered parachutes, gyrogliders, hang gliders and paragliders etc.
7 Part 149 aircraft—sailplanes, powered parachutes, gyrogliders, hang gliders and paragliders etc.
(1) An aircraft is a Part 149 aircraft if:
(a) it is an aircraft to which subsection (2) applies; and
(b) none of Parts 132, 133, 135 or 137 of CASR applies to the operation of the aircraft.
(2) This subsection applies to:
(a) a sailplane; and
(b) a touring motor glider that:
(i) is not registered; or
(ii) is registered, but subregulation 103.005(2A) of CASR does not apply in relation to the operation of the aircraft; and
(c) an aircraft that is not registered and is one of the following:
(i) a powered parachute;
(ii) a gyroglider;
(iii) a hang glider or powered hang glider;
(iv) a paraglider or powered paraglider.
Note: The aircraft covered by section 7 are defined as Part 103 aircraft under regulation 103.005 of CASR: see subparagraphs 103.005(4)(b)(i), (ii), (iii), (iv), (iva) and subregulation 103.005(5). At the time of the commencement of this section, the aircraft are (in most cases) the subject of one of the Civil Aviation Orders mentioned below, enabling a transitional scheme under which aircraft that are administered by a sport aviation body and are operated in accordance with the relevant Civil Aviation Order are exempt from certain provisions of CAR and CASR (including Part 103):
(a) Civil Aviation Order 95.4 (Exemptions from CAR and CASR — Sailplanes and Towing Aircraft) Instrument 2021; and
(b) Civil Aviation Order 95.8 (Exemptions from CAR and CASR — Hang Gliders and Paragliders) Instrument 2021; and
(e) to the extent that it relates to powered parachutes, Civil Aviation Order 95.32 (Exemptions from CAR and CASR — Powered Parachutes and Weight‑shift‑controlled Aeroplanes) Instrument 2021.
8 Part 149 aircraft—microlight aeroplanes
8 Part 149 aircraft—microlight aeroplanes
A microlight aeroplane is a Part 149 aircraft if it is:
(a) listed with a sport aviation body; and
(b) operated for a purpose mentioned in Civil Aviation Order 95.10.
9 Part 149 aircraft—weight-shift-controlled aeroplanes
9 Part 149 aircraft—weight-shift-controlled aeroplanes
An aircraft that is a single-place or two-place weight-shift-controlled aeroplane is a Part 149 aircraft if:
(a) Civil Aviation Order 95.32 applies to the aeroplane; and
(b) it is operated for a purpose mentioned in the Civil Aviation Order.
10 Part 149 aircraft—ultralight aeroplanes, LSA aeroplanes and lightweight aeroplanes
10 Part 149 aircraft—ultralight aeroplanes, LSA aeroplanes and lightweight aeroplanes
(1) This section applies to the following aeroplanes:
(a) light sport aircraft (experimental);
(b) light sport aircraft (production);
(c) lightweight aeroplanes;
(d) ultralight aeroplanes.
(2) An aeroplane mentioned in subsection (1) is a Part 149 aircraft if:
(a) Civil Aviation Order 95.55 applies to the aeroplane; and
(b) it is operated for a purpose mentioned in the Civil Aviation Order.
11 Part 149 aircraft—manned balloons and hot air airships
11 Part 149 aircraft—manned balloons and hot air airships
A Part 131 aircraft is a Part 149 aircraft if it is operated for the purposes of a Part 131 recreational activity.
Note: Such an activity includes a specialised balloon operation that is not conducted for hire or reward.
12 Part 149 aircraft—gyroplanes
12 Part 149 aircraft—gyroplanes
(1) A gyroplane is a Part 149 aircraft if:
(a) Civil Aviation Order 95.12, or Civil Aviation Order 95.12.1, applies to the gyroplane; and
(b) it is operated for a purpose mentioned in the Civil Aviation Order that applies to the gyroplane.
13 Application—manned balloons or hot air airships
13 Application—manned balloons or hot air airships
Sections 14, 15, 16, 17 and 18 do not apply to an aircraft mentioned in section 11.
Subdivision B Aviation administration functions in relation to Part 149 aircraft
Subdivision B—Aviation administration functions in relation to Part 149 aircraft
14 ASAO registration of certain aircraft
It is an aviation administration function to administer a Part 149 aircraft by establishing and maintaining a register (an ASAO register) of aircraft that contains sufficient information to enable the identification of any aircraft on the register, the aircraft’s owner and the aircraft’s operator, including the following information:
(a) a description of the aircraft, including the manufacturer and the model;
(b) the aircraft’s construction number or serial number (if any);
(c) the unique identifier issued by the ASAO in respect of the aircraft;
(d) the name and address of the owner of the aircraft;
(e) the name and address of the operator of the aircraft.
15 Airworthiness standards and assessments etc.
Setting standards
(1) It is an aviation administration function to administer a Part 149 aircraft by setting design, manufacturing and maintenance standards (airworthiness standards) for the aircraft, including in relation to aircraft, aircraft engines, propellers, rotor systems, materials, parts, processes, and appliances.
Note: Under the function, an ASAO may set a standard for a Part 149 aircraft if the legislation does not otherwise provide for standards for that aircraft under CAR or CASR.
Conducting airworthiness assessments etc.
(2) It is an aviation administration function to administer a Part 149 aircraft by assessing whether an aircraft design meets an airworthiness standard the ASAO has set for the aircraft under the function in subsection (1).
Determining whether aircraft is a Part 149 aircraft
(4) Subsection (5) applies if an ASAO has an approved function mentioned in section 14 or 19 to a
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