CIVIL AVIATION LEGISLATION AMENDMENT REGULATION 2013 (NO. 1) (SLI NO 5 OF 2013) EXPLANATORY STATEMENT

CIVIL AVIATION LEGISLATION AMENDMENT REGULATION 2013 (NO. 1) (SLI NO 5 OF 2013)

Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act, or necessary or convenient for carrying out or giving effect to the Act. That subsection also provides that the Governor-General may make regulations for the purposes of carrying out and giving effect to the provisions of the Convention on International Civil Aviation (Chicago Convention) relating to aviation safety and in relation to the safety of air navigation, being regulations with respect to any other matters to which the Parliament has power to make laws.

Subsection 9(1) of the Act specifies, in part, that the Civil Aviation Safety Authority (CASA) has the function of conducting the safety regulation of civil air operations in Australian territory by means that include developing and promulgating appropriate, clear and concise aviation safety standards and issuing certificates, licences, registrations and permits.

The Amendment Regulation adds the following new Parts pertaining to flight crew licensing and training, authorisations for non-licensed personnel, to the Civil Aviation Safety Regulations 1998 (CASR):

* Part 141 - Recreational, private and commercial pilot flight training, other than certain integrated training courses, and

* Part 142 - Integrated and multi-crew pilot flight training, contracted recurrent training and contracted checking.

The Amendment Regulation also makes various consequential, transitional and savings amendments to the CASR and to the Civil Aviation Regulations 1988 (CAR), including the insertion of a new Part 5 of the CAR dealing with balloon flight crew licensing.

The main objective of the amendments is to strengthen safety standards for aviation licensing and training, and further align Australian requirements with the Standards and Recommended Practices of the International Civil Aviation Organization (ICAO).

Part 61 of the CASR establishes a framework that sets out the requirements and standards for the grant of flight crew (pilot and flight engineer) licences, ratings (e.g. the authority to fly a specific large aircraft) and endorsements (e.g. to do aerobatics or fly in formation). This Part consolidates and replaces the existing legislation for flight crew licences specified in Part 5 of the CARs and a number of the Civil Aviation Orders (CAO), except for balloon licences, which will be transferred to the CASR at a later date.

Measures introduced by Part 61 include provision for the granting of a Glider Pilot Licence that will facilitate the recognition of Australian glider pilots wishing to participate in international competitions overseas and the introduction of a new category of pilot licence for use domestically, the Recreational Pilot Licence. The Recreational Pilot Licence applies to the operation of small aircraft during the day in visual flight conditions. The medical standards required to be met for the grant of this licence are less stringent than those applicable to internationally recognised licences, thereby allowing pilots with certain medical dispositions to continue to fly, but in a restricted environment. Other measures contained in the new Part 61 are the requirement for a flight test for the grant of an Air Transport Pilot Licence and the raising of qualification requirements for co-pilots.

Part 61 also rationalises the numbers of ratings and endorsements that may be included in a flight crew licence. Privileges that could be exercised under current licences issued under Part 5 of the CAR will continue to be exercisable under privileges granted under Part 61 of the CASR. Training and checking will be proficiency-based, with training required to be conducted through flight training organisations in accordance with Part 141 or Part 142.

Part 61 contains the new requirement for a low level flight crew rating for pilots who need to fly less than 500 ft above ground level. As regulation 157 of the CAR will remain in effect until CASR Part 91 commences, transitional arrangements will be utilised. CASA intends to issue a general exemption from paragraph 157(1) (b) under CASR Part 11 to pilots who have been issued a low level rating under Part 61. To ensure safety is maintained, this exemption will be subject to conditions that the pilot conducts the flight in accordance with the requirements specified for exercising the privileges of the low level rating under Part 61 and that the operation has been fully risk assessed prior to commencing and does not create undue hazard to persons or facilities below the flight path of the aircraft.

Part 64 sets out regulatory arrangements for authorisations for ground personnel (i.e. non-pilots) to operate radios and taxi aeroplanes. This Part replaces provisions in Part 8 of the CASR and CAO 20.22, generally maintaining but simplifying previous requirements.

Parts 141 and 142 outline approvals and regulatory requirements for flight training organisations that provide training for flight crew licences using aircraft and flight simulation training devices. Under previous requirements, all flight training organisations required an Air Operator's Certificate (AOC) issued under the Act, except for specified ratings and endorsements on flight crew licences, the training for which could be provided by organisations or persons not having an AOC. The providers of flight training using flight simulators required an approval under CASR Part 60.

Under the new arrangements, all flight training except for certain endorsements must be conducted through a Part 141 or Part 142 organisation. Part 141 provides for Part 141 Certificates to be issued to organisations providing flight crew training for single-pilot certificated aircraft. Part 142 provides for an AOC to be issued to organisations providing flight crew training for multi-crew certificated aircraft. Both parts 141 and 142 also require the training organisation to develop and comply with an 'exposition' that is a collection of documents that sets out the organisation's structure, training activities, management systems, training plans and procedures. Training organisations are also required to implement either a safety management system and have a Safety Manager (for aircraft operators) or a quality assurance management system and a Quality Assurance Manager (for training organisations using only flight simulation training devices). The publication of advisory material, sample expositions and safety management systems, and information technology tools will assist industry to meet the requirements of Part 141 and 142.

Consultations with industry and the public on the proposals for licensing and training have taken place over an extended period of time. A number of factors contributed to the extended timeframe including the need to conduct detailed risk assessment and analysis; the need to take account of new standards and recommended practices published by the ICAO; and the requirement to apply new legal drafting policies to the developing regulations. In 2009, the establishment of a multi-agency taskforce brought additional resources to the regulatory development task. The complex and technical nature of the provisions has necessitated an iterative consultation and development process with industry as outlined below.

The Consultation draft was developed following the review of comments received on the NPRM and further CASA internal discussion related to the need for a CASA issued authorisation to taxi aeroplanes.

* Ongoing discussion with industry since that time, culminating in an industry and internal CASA review in early 2011, and

The Amendment Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003. Details of the Amendment Regulation are set out in the Attachment A.

The Amendment Regulation commences on 4 December 2013. Delayed commencement allows CASA to develop the necessary advisory material and to develop and deliver comprehensive training and education for CASA staff and industry members. Current flight crew licence holders will be transitioned to the new Part 61 licence system over a four (4) year period. Current flight crew training organisations will be allowed three (3) years to comply fully with the additional requirements of Part 141 and 142.

ATTACHMENT A

Details of the Civil Aviation Safety Legislation Amendment Regulation 2013 (No. 1)

Section 1 - Name of regulation

Section 1 provides the title of the regulation is the Civil Aviation Legislation Amendment Regulation 2013 (No 1).

Section 2 - Commencement

Section 2 provides that the regulation commences on 4 December 2013.

Section 3 - Amendment of Civil Aviation Safety Regulations 1998

Section 3 provides that Schedule 1 amends the Civil Aviation Safety Regulations 1998.

Section 4 - Amendment of Civil Aviation Regulations 1988

Section 4 provides that Schedule 2 amends the Civil Aviation Regulations 1988.

Schedule 1 - Amendments of Civil Aviation Safety Regulations 1998

Item [1] - After regulation 11.025

Item [1] inserts a complete new regulation 11.028 to extend the application of Part 11 to examiners, instructors and approval holders for certain purposes. Regulation 11.028 provides that if these Regulations allow an application for an authorisation to be made to an examiner or an instructor, or the holder of an approval under regulation 61.040, 141.035 or 142.040, a reference in Part 11 to CASA includes, in relation to an application, a reference to the examiner instructor or approval holder.

Item [2] - Table 13.375, item 5, column 2

Item [2] amends the reference in the Table to read paragraph 5.08(b) rather than 5.08(a). This amendment is consequential to other amendments that are being made.

Item [3] - Table 13.375, item 6, column 2

Item [3] amends the reference in the Table to read paragraph 5.08(a) of CAR or a pilot licence, rather than paragraphs 5.08(b) to (n) of CAR. This amendment is consequential to other amendments that are being made.

Item [4] - Table 13.375, item 7, column 2

Item [4] amends the reference in the Table to read flight engineer licence, rather than licence referred to in paragraph 5.08(o) or (p) of CAR. This amendment is consequential to other amendments that are being made.

Item [5] - Regulation 21.037

Item [5] amends regulation 21.037 to update the references to the qualifications required to pilot an aircraft for a test flight, consequential to other amendments that are being made.

Item [6] - Table 42.300, item 3, column 3, paragraph (c)

Item [6] amends the reference in the Table to read under Part 61, rather than under Part 5 of CAR. This amendment is consequential to other amendments that are being made.

Item [7] - Table 42.300, item 4, column 3, paragraph (b)

Item [7] amends the reference in the Table to read under Part 61, rather than under Part 5 of CAR. This amendment is consequential to other amendments that are being made.

Item [8] - Table 42.300, item 5, column 3, paragraph (b)

Item [8] amends the reference in the Table to read under Part 61, rather than under Part 5 of CAR. This amendment is consequential to other amendments that are being made.

Item [9] - Subparagraph 42.335(c)(ii)

Item [9] amends the reference to read under Part 61, rather than under Part 5 of CAR. This amendment is consequential to other amendments that are being made.

Item [10] - Subparagraph 42.630(2)(c)

Item [9] amends the reference to read under Part 61, rather than under Part 5 of CAR. This amendment is consequential to other amendments that are being made.

Item [11] - Regulation 60.055, heading

Item [11] substitutes the heading of regulation 60.55 to clarify that it does not apply to Part 141 operators and Part 142 operators.

Item [12] - Subregulation 60.055(1), except the notes

Item [12] substitutes subregulation 60.055 to clarify that a person who has approval to use a qualified flight simulator or qualified flight training device for training purposes under Part 141 or Part 142, does not require an approval to use the simulator or device under Part 60.

Item [13] - Regulation 60.060, heading

Item [13] substitutes the heading of regulation 60.060 to clarify that it does not apply to Part 141 operators and Part 142 operators.

Item [14] - Regulation 60.060(1)

Item [14] substitutes subregulation 60.060 to clarify that Part 141 and Part 142 operators do not need a quality system under Part 60.

Item [15] - Parts 61 to 64

Item [15] inserts Parts 61 and 64 into CASR.

Part 61 Flight crew licensing

Subpart 61.A - Preliminary

This Subpart inserts a complete new Subpart 61.A inclusive of regulations 61.005 to 61.145. Subpart 61A provides for general matters, including definitions, matters relating to flight time and aeronautical experience, and performing flight crew duties without a licence, rating or endorsement.

Division 61.A.1 - General

This Division inserts complete new regulations 61.005 to 61.065 that provide for general background on how Part 61 is applied.

Regulation 61.005 - What Part 61 is about

Subregulation 61.005(1) provides that Part 61 sets out the licensing scheme for pilots and flight engineers of registered aircraft.

Subregulation 61.005(2) provides that Subpart 61.A sets out preliminary matters and when a flight crew licence, ratings or endorsement is not required.

Subregulation 61.005(3) provides that Subpart 61.B sets out the general requirements for the grant of a flight crew licence, rating or endorsement and requirements relating to the grant of a flight crew licences, rating or endorsement in recognition of overseas or military qualifications.

Subregulation 61.005(4) provides that Subpart 61.C sets out rules relating to a certificate of validation of an overseas qualification.

Subregulation 61.005(5) provides that Subpart 61.D sets out obligations that apply to all holders of flight crew licences, ratings and endorsements.

Subregulation 61.005(6) provides that Subpart 61.E sets out limitations that apply to the exercise of the privileges of all pilot licences and provides for the authorisations to taxi an aircraft and to operate an aircraft radio.

Subregulation 61.005(7) provides that Subparts 61.F to 61.K make particular provisions for each kind of pilot licence, including the privileges of the licence, limitations on the exercise of the privileges and the requirements for the grant of the licence.

Subregulation 61.005(8) provides that Subparts 61.L to 61.U provide for ratings and endorsements on pilot licences including privileges of each rating or endorsement, limitations on exercise of these privileges, requirements for the grant of the rating or endorsement and, for the flight instructor, simulator instructor and flight examiner ratings, obligations that apply to the holder of the rating.

Subregulation 61.005(9) provides that Subparts 61.V to 61.Y provide for flight engineering licences and ratings and endorsements on flight engineer licences.

Subregulation 61.005(10) provides that Subpart 61.Z makes provision for glider pilot licences.

Regulation 61.010 provides a list of definitions relevant to Part 61. As this is a new Part, it is necessary to define the meanings of certain terms used to ensure correct interpretation and implementation of the Part.

Regulation 61.015 provides a definition of category of aircraft.

Regulation 61.020 - Definition of class of aircraft for Part 61

Subregulation 61.020(1) provides a list of each class of aircraft relevant to Part 61.

Subregulation 61.020(2) provides the meaning of the single-engine aeroplane class.

Regulation 61.025 provides the definition of aeroplane.

Regulation 61.030 - Definition of modified Austroads medical standards for Part 61

Subregulation 61.030(1) provides, for regulation 61.030, that the Austroads medical standards are modified to provide that a person with any of the conditions outlined in subregulation 61.030(1) does not meet the standards.

Subregulation 61.030(2) provides that, for paragraph 61.030(1)(a), a history of cancer for a person does not include a history of basal cell skin cancers provided certain conditions are met.

Subregulation 61.030(3) provides that, for paragraph 61.030(1)(c), a history of heart failure for a person does not include a history in which a person meets the requirements outlined in subregulation 61.030(3).

Subregulation 61.030(4) provides that Austroads medical standards means the medical standards of the issue of an unconditional private motor vehicle driver's licence as published by Austroads in March 2012, or any later version in force from time to time.

Regulation 61.035 - Issue of Manual of Standards

Subregulation 61.035(1) provides for the issue of a Manual of Standards for Part 61, for paragraph 98(5A)(a) of the Act.

Subregulation 61.035(2) provides for standards that might be included in the Part 61 Manual of Standards.

Regulation 61.040 - Approvals by CASA for Part 61

Subregulation 61.040(1) provides for a person or organisation to apply to CASA for an approval if they require an approval under a provision of Part 61.

Subregulation 61.040(2) provides that, subject to regulation 11.055, CASA must grant the approval, provided certain requirements are met.

Subregulation 61.040(3) provides that subregulation 11.055(1B) applies to the granting of an approval mentioned in paragraph 61.1515(1)(b).

Regulation 61.045 provides for CASA, for paragraph 98(5A)(a) of the Act, to issue a legislative instrument to prescribe qualification standards for flight simulation training devices.

Regulation 61.047 provides for CASA, for paragraph 98(5A)(a) of the Act, to issue a legislative instrument prescribing foreign countries as recognised foreign States.

Regulation 61.050 provides for CASA, for paragraph 98(5A)(a) of the Act, to issue a legislative instrument to prescribe aeroplanes included in the single-engine aeroplane class.

Regulation 61.055 - Prescription of type ratings and variants - multi-crew aircraft

Subregulation 61.055(1) provides for CASA, for paragraph 98(5A)(a) of the Act, to issue a legislative instrument to prescribe the ratings and variants for a multi-crew aircraft, including matters related to differences training and instrument proficiency check requirements.

Subregulation 61.055(2) provides for CASA, for paragraph 98(5A)(a) of the Act, to issue a legislative instrument to prescribe that aircraft models are no longer variants of each other, if CASA is satisfied of certain matters.

Regulation 61.060 - Prescription of type ratings - single-pilot aircraft

Subregulation 61.060(1) provides for CASA, for paragraph 98(5A)(a) of the Act, to issue a legislative instrument to prescribe whether a single-pilot type rating is required for an aircraft that is certificated for single-pilot operations and related matters.

Subregulation 61.060(2) provides that CASA may prescribe that a single-pilot type rating is required for an aircraft only if it is satisfied that the complexity of the aircraft's systems or its performance or handling characteristics requires the provision of additional flight training to enable a person to pilot that aircraft type safely.

Regulation 61.065 - Conduct of unauthorised activities - holders of flight crew licences

Subregulation 61.065(1) provides that the holder of a flight crew licence commits an offence if the holder pilots a registered aircraft, acts as a flight engineer of a registered aircraft, or acts as an instructor or examiner, when not authorised under Part 61 to do so. The penalty for the offence is established as 50 penalty units.

Subregulation 61.065(2) provides that an offence under subregulation 61.065(1), other than an offence for a contravention of regulation 61.835 is an offence of strict liability.

Division 61.A.2 - Flight time and other aeronautical experience

This Division inserts complete new regulations 61.070 to 61.110 that provide for flight time and other aeronautical experience.

Regulation 61.070 - provides for which flights Division 61.A.2 applies.

Regulation 61.075 -provides the definition of a person's aeronautical experience for Part 61.

Regulation 61.080 -provides a definition of a person's flight time as a pilot for Part 61.

Regulation 61.085 -provides a definition of a person's flight time as a co-pilot for Part 61.

Regulation 61.090 -provides a definition of a person's flight time as pilot in command for Part 61.

Regulation 61.095 -provides a definition of a person's flight time as pilot in command under supervision for Part 61.

Regulation 61.100 - provides a definition of a person's flight time as a flight engineer for Part 61.

Regulation 61.105 - provides a definition of a person's instrument flight time for Part 61.

Regulation 61.110 -provides a definition of a person's instrument ground time for Part 61.

Division 61.A.3 - Performing flight crew duties without licence, rating or endorsement

This Division inserts complete new regulations 61.115 to 61.145 that relate to performing flight crew duties without a licence, rating or endorsement.

Regulation 61.115 - Flying without licence

Subregulation 61.115(1) provides that a person is authorised to pilot a registered aircraft without the required licence if the pilot in command is a flight instructor and the purpose of the flight is to receive flight training, or the flight is for a flight test for a licence, rating or endorsement.

Subregulation 61.115(2) provided that a person who does not hold a flight engineer licence is authorised to perform the duties of a flight engineer in a registered aircraft while receiving training form a flight engineer instructor, or taking a flight test for a flight engineer licence, rating or endorsement.

Regulation 61.120 provides for a person who does not hold a flight crew licence or who holds a recreational pilot licence but does not hold a flight radio endorsement, is authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation if the transmission is made while receiving flight training, the transmission is approved and supervised by an instructor, and the transmission is made for the purpose of safely conducting a flight that is approved by a flight instructor, or receiving training in the use of an aircraft radio.

Regulation 61.125 - Conducting flight activities without rating or endorsement

Subregulation 61.125(1) provides for a person who holds a pilot licence, but does not hold a rating or endorsement for the conduct of an activity for which a rating or endorsement is required, is authorised to conduct the activity if the activity is conducted while receiving training, or taking a flight test or meeting the aeronautical experience requirements for the rating or endorsement, and the activity is conducted under the supervision of a flight instructor.

Subregulation 61.125(2) provides for a person who holds a flight engineer licence, but does not hold a rating or endorsement for the conduct of an activity for which a rating or endorsement is required under Part 61 is authorised to conduct the activity if the activity is conducted while receiving flight training, taking a flight test, or meeting the aeronautical experience requirements for the rating or endorsement, and the activity is approved by and conducted under the supervision of flight engineer instructor.

Regulation 61.130 - Operation of helicopter using auto flight control system without licence or rating

Subregulation 61.130(1) provides that subregulation 61.130(1) would apply to a person who, apart from Regulation 61.130(1), would not be authorised to pilot a helicopter.

Subregulation 61.130(2) provides that the person is authorised to pilot the helicopter using the helicopter's auto flight control system if the person is approved to do so by the helicopter's operator and pilot in command and the person does so under the supervision of the pilot in command.

Regulation 61.135 - Authorisation to conduct flight training or flight test without holding type rating

Subregulation 61.135(1) provides for an instructor to apply to CASA, in writing, for authorisation to conduct training for the grant of a pilot type rating or flight engineer type rating in an aircraft for which the instructor does not hold the rating.

Subregulation 61.135(2) provides for an examiner to apply to CASA, in writing, for authorisation to conduct a flight test required for the grant of a pilot type rating or a flight engineer type rating for an aircraft for which the examiner does not hold the pilot type rating or flight engineer type rating, or a training endorsement, or a flight test endorsement.

Subregulation 61.135(3) provides that CASA must grant the authorisation, subject to regulation 11.055.

Subregulation 61.135(4) provides that, subject to regulations 141.050 and 142.050, if CASA grants the authorisation the person is authorised to conduct the training or flight test in accordance with the authorisation.

Regulation 61.140 - Authorisation to test aircraft without holding type rating

Subregulation 61.140(1) provides for a holder of a flight crew licence to apply to CASA, in writing, for authorisation to act as a flight crew member of an aircraft for which the person does not hold a pilot type rating or flight engineer type rating during a flight conducted for the purpose of testing the aircraft or conducting an experiment in relation to the aircraft.

Subregulation 61.140(2) provides that CASA must grant the authorisation, subject to regulation 11.055.

Subregulation 61.140(3) provides that if CASA grants the authorisation, the person is authorised to act as a flight crew member during the flight, in accordance with the authorisation.

Regulation 61.145 provides that a person is authorised to pilot a glider without holding a glider pilot licence if the person holds a pilot certificate granted by a recreational aviation administration organisation that administers glider activities and operates the aircraft within the organisation's operations manual.

Subpart 61.B - Grant of flight crew licences, ratings and endorsements

This Subpart inserts a complete new Subpart 61.B inclusive of regulations 61.150 to 61.285. This Subpart provides for the grant of licences, ratings and endorsements generally, flight and other training requirements, aeronautical knowledge examinations requirements, flight tests, English language proficiency,the recognition of overseas flight crew authorisations, and recognition of Australian Defence Force qualifications.

Division 61.B.1 - General

Division 61.B.1 provides for the grant of flight crew licences, ratings and endorsements.

Regulation 61.150 - People who may grant flight crew licences, ratings and endorsements

Subregulation 61.150(1) provides that CASA may grant any flight crew licence, rating or endorsement.

Subregulation 61.150(2) provides that subject to subregulation 61.150(8) and regulation 61.1265, a flight examiner may grant specified ratings and endorsements.

Subregulation 61.150(3) provides that subject to subregulation 61.150(8) and regulations 61.1175 and 61.1200, a pilot instructor may grant specified endorsements.

Subregulation 61.150(4) provides that a flight engineer examiner may grant specified ratings and endorsements.

Subregulation 61.150(5) provides that subject to subregulation 61.150(8) and regulation 61.1405 a flight engineer instructor may grant a flight engineer training endorsement.

Subregulation 61.150(6) provides that subject to subregulation 61.150(8) and the limitations of the person's approval the holder of an approval under regulation 141.035 or 142.040 may grant a flight crew endorsement for which the holder is approved to conduct flight training.

Subregulation 61.150(7) provides that subject to subregulation 61.150(8) and the limitations of the person's approval the holder of an approval under regulation 61.040 may grant a flight crew rating other than an examiner rating, or a flight crew endorsement other than a flight test endorsement or a flight engineer flight test endorsement.

Subregulation 61.150(8) provides that an examiner, instructor or approval holder cannot grant a flight crew rating or endorsement to a person if the person is taken to meet the requirements for the rating or endorsement under regulations 61.275 or 61.285.

Regulation 61.155 - Applications for flight crew licences, ratings and endorsements

Subregulation 61.155(1) provides that an application for a flight crew licence, rating or endorsement must be made to a person who may grant the licence, rating or endorsement.

Subregulation 61.155(2) provides that an application must be made in writing and be accompanied by a recent photograph of the applicant, showing the applicant's full face and his or her head and shoulders, if the application is for a flight crew licence, and an application for an aircraft category rating, if the application is for a pilot licence other than a student pilot licence.

Subregulation 61.155(3) provides the application requirements for the grant of licences, ratings and endorsements that are dependent on the applicant holding other licences, ratings or endorsements.

Regulation 61.160 provides that CASA must, subject to regulation 11.055, grant a flight crew licence to an applicant if the application complies with the requirements of regulation 61.155 and the applicant meets the requirements of Part 61 for the grant of the licence, including English language proficiency requirements mentioned in regulation 61.265.

Regulation 61.165 provides that subject to regulation 11.055, CASA, an examiner or an approval holder, must grant a flight crew rating to an applicant if the application complies with the requirements of regulation 61.155 and the applicant meets the requirements mentioned in Part 61 for the grant of the rating. In the case of an application to an examiner or approval holder, the examiner or approval holder must have the authority under regulation 61.150 to grant the rating.

Regulation 61.170 provides that subject to regulation 11.055, CASA, an examiner, instructor or approval holder must grant a flight crew endorsement to an applicant if the application complies with regulation 61.155 and the applicant meets the requirements mentioned in Part 61 for the grant of the endorsement. The examiner, instructor or approval holder must also have the authority under regulation 61.150 to grant the endorsement.

Regulation 61.175 - How CASA issues flight crew licences, ratings and endorsements

Subregulation 61.175(1) provides that subregulation 61.175(2) applies if CASA grants a flight crew licence under regulation 61.160 and the person does not already hold a flight crew licence.

Subregulation 61.175(2) provides that if subregulation 61.175(2) applies, CASA must issue the person a document indicating that the person is authorised to exercise the privileges of the flight crew licence and if, at the same time, CASA also grants a rating or endorsement under regulation 61.165 or 61.170, the rating and the endorsement.

Subregulation 61.175(3) provides that subregulation 61.175(4) applies if CASA grants a flight crew licence to a person under regulation 61.160 and the person already holds a flight crew licence.

Subregulation 61.175(4) provides that, if subregulation 61.175(4) applies, CASA must issue the person a new licence document indicating that the person is authorised to exercise the privileges of the new licence, the existing licence and related ratings and endorsements.

Subregulation 61.175(5) provides that subregulation 61.175(6) applies if CASA grants a rating or endorsement to a person under regulation 61.165 or 61.170, other than a rating or endorsement granted at the same time as a flight crew licence and the person already holds a flight crew licence.

Subregulation 61.175(6) provides that, if subregulation 61.175(6) applies, CASA must endorse the person's licence document indicating that the person is authorised to exercise the privileges of the rating or endorsement.

Regulation 61.180 - How examiner, instructor or approval holder issues rating or endorsement

Subregulation 61.180(1) provides that if an examiner or approval holder grants a flight crew rating under regulation 61.165, the examiner or approval holder must endorse the person's licence document to this effect and give CASA written notice that the person has met the requirements for the grant of the rating.

Subregulation 61.180(2) provides that if an examiner, instructor or approval holder grants a flight crew endorsement under regulation 61.170, the examiner, instructor or approval holder must endorse the person's licence document to this effect and give CASA written notice that the person has met the requirements for the grant of the endorsement.

Subregulation 61.180(3) provides that an examiner, instructor or approval holder commits an offence of strict liability if they contravene subregulation 61.180(1) or (2) with the penalty for the offence established as 50 penalty units.

Subregulation 61.180(4) provides that CASA must cancel the rating or endorsement if CASA is satisfied it was issued in error.

Subregulation 61.180(5) provides that an offence against regulation 61.180 is an offence of strict liability.

Regulation 61.185 - New licence document if licence, rating or endorsement cancelled

Subregulation 61.185(1) provides that regulation 61.185 applies if a flight crew licence, rating or endorsement is cancelled under Part 16 of CAR or Subpart 11.D and the holder of the licence, rating or endorsement holds a licence that is not cancelled (the continuing licence).

Subregulation 61.185(2) provides that CASA must issue the holder a new licence document indicating that the holder is authorised to exercise the privileges of the continuing licence and any ratings or endorsements that the holder continues to hold.

Regulation 61.190 provides that it is a condition of a flight crew licence, rating or endorsement that the holder must comply with the applicable limitations and requirements as set out in Part 61.

Division 61.B.2 - Flight training and other training

Division 61.B.2 inserts complete new regulations 61.195 to 61.210 that provides for flight training and other training, including for variant aircraft types, in approved courses.

Regulation 61.195 - Flight training requirements

Subregulation 61.195(1) provides that subregulation 61.195(2) applies to flight training for a flight crew licence, a flight crew rating, or a flight crew endorsement, other than a design feature endorsement or a flight activity endorsement.

Subregulation 61.195(2) provides that for subregulation 61.195(1), an applicant is taken to have completed flight training for a licence, rating or endorsement only if: the applicant has received training in all the units of competency mentioned in the Part 61 Manual of Standards for the licence, rating or endorsement; the training was conducted by an instructor for a Part 141 or 142 operator that is authorised to conduct the training or by the holder of an approval under regulation 141.035 or 142.040; the applicant has been assessed as competent in each unit of competency by the instructor or approval holder; for flight training for the grant of an aircraft class rating or type rating - the training was conducted in accordance with regulation 61.205; and the training provider has issued the applicant a course completion certificate.

Subregulation 61.195(3) provides that subregulation 61.195(4) applies to flight training for a flight crew endorsement other than an endorsement mentioned in paragraph 61.195(1)(c).

Subregulation 61.195(4) provides that an applicant is taken to have completed flight training for the endorsement only if the applicant has received training in all the units of competency mentioned in the Part 61 Manual of Standards for the endorsement, the training was conducted by an instructor, or approval holder under regulation 61.040, and the applicant was assessed as competent by the instructor or approval holder.

Subregulation 61.195(5) provides that the assessment for paragraphs 61.195(2)(c) and (4)(c) must be conducted against the standards mentioned in the Part 61 Manual of Standards for the licence, rating or endorsement.

Regulation 61.200 provides that the holder of a type rating is taken to have completed differences training for a variant of an aircraft type covered by the rating only if: the holder has received training in all the units of competency mentioned in the Part 61 Manual of Standards that are necessary; the training has been conducted by an instructor for a Part 141 or Part 142 operator or an approval holder under regulation 141.035 or 142.040 that is authorised to conduct the training; the holder has been assessed by the instructor or approval holder as competent; the training has been conducted in accordance with regulation 61.205; and the training provider has issued the holder a course completion certificate.

Regulation 61.205 provides that certain flight training for aircraft class and type ratings and differences training must be conducted in an approved flight simulator rather than in an aircraft. For aircraft with a maximum certificated passenger seating capacity of more than 9, the training must be conducted in an approved flight simulator, used for training in Australia. For aircraft with a maximum certificated passenger seating capacity or more than 19, or a maximum certificated take-off weight of more than 8618 kg, the training must be conducted in an approved flight simulator, used for training outside Australia.

Regulation 61.210 - Other approved courses of training or professional development

Subregulation 61.210(1) provides that a requirement in Part 61 for an applicant for a flight crew licence, rating or endorsement to have completed an approved course of training or professional development is satisfied only if they meet the requirements of subregulation 61.210(1). For a course that is approved under regulation 61.040, the applicant must receive training in all the units of competency mentioned in the Part 61 Manual of Standards and have been assessed against the standards by the person conducting the course. For a course conducted by a Part 141 or Part 142 operator, the applicant must receive training in all the units of competency mentioned in the course syllabus and have been assessed as competent by a person mentioned in subregulation 61.210(2).

Subregulation 61.210(2) provides that for courses conducted by a Part 141 or Part 142 operator, the assessment of competency must be done by the head of operations of the Part 141 or 142 operator, an instructor authorised by the head of operations, or a person approved under regulation 141.035 or 142.040 to conduct the training.

Division 61.B.3 - Aeronautical knowledge examinations

Division 61.B.3 inserts complete new regulations 61.215 to 61.230 that provide for aeronautical knowledge examinations.

Regulation 61.215 - Aeronautical knowledge examinations - general

Subregulation 61.215(1) provides that CASA may set aeronautical knowledge examinations for the grant of a flight crew licence, rating or endorsement in accordance with the aeronautical knowledge standards mentioned in the Part 61 Manual of Standards for the licence, rating or endorsement.

Subregulation 61.215(2) provides that a Part 141 or 142 operator may set aeronautical knowledge examinations for the grant of a flight crew rating other than an instrument rating, or for the grant of a flight crew endorsement.

Subregulation 61.215(3) provides that a Part 141 or 142 operator may set an aeronautical knowledge examination only if the examination is set in accordance with knowledge standards mentioned in the Part 61 Manual of Standards and the operator holds an approval under regulation 61.040 for the examination.

Subregulation 61.215(4) provides that the examinations may be conducted at the times and places, and in accordance with arrangements, decided by the body setting the examination.

Regulation 61.220 provides that to be eligible to sit the aeronautical knowledge examination for an air transport pilot licence with a particular aircraft category rating, an applicant must hold a commercial pilot licence with that rating, or have passed the aeronautical examination for a commercial pilot licence with that rating, or hold an approval under regulation 61.040 to sit the examination.

Regulation 61.225 - Aeronautical knowledge examinations - pass standards

Subregulation 61.225(1) provides that a requirement for a person to have passed an aeronautical examination for a flight crew licence, rating or endorsement is met if the person meets the standards mentioned in the Part 61 Manual of Standards for the examination.

Subregulation 61.225(2) provides that a person is taken to have passed an aeronautical knowledge examination only if the person passes all part of the examination within a period of 2 years.

Subregulation 61.225(3) provides that if on 3 occasions a person attempts, but fails to pass, an aeronautical knowledge examination, or part of an examination, the person is not permitted to attempt the examination or part again within 3 months beginning on the day the person attempts the examination or part for the third time.

Subregulation 61.225(4) provides that if, on 4 occasions a person attempts, but fails to pass, an aeronautical examination, or a part of an examination, the person is not permitted to attempt the examination or part again until CASA is satisfied that the person has completed appropriate training.

Regulation 61.230 - Aeronautical knowledge examinations - knowledge deficiency reports

Subregulation 61.230(1) requires that regulation 61.230 applies if a candidate for an aeronautical knowledge examination passes the examination with a score of less than 100% or fails the examination with a score of at least 51%.

Subregulation 61.230(2) requires the body that conducts the examination to prepare reports and provide copies to the candidate and the candidate's training provider.

Division 61.B.4 - Flight tests

Division 61.B.4 inserts complete new regulations 61.235 to 61.250 that provide for flight tests.

Regulation 61.235 - Flight tests for flight crew licences and other ratings - prerequisites

Subregulation 61.235(1) provides that subregulation 61.235(2) applies to an applicant for a flight crew licence, other than an applicant who is eligible for the licence under subregulation 61.275(1).

Subregulation 61.235(2) provides the applicant is eligible to take a flight test for the licence only if they meet specified requirements relating to age, knowledge examinations, training, aeronautical experience, English language proficiency and medical fitness.

Subregulation 61.235(3) provides that subregulation 61.235(4) applies to an applicant for a flight crew rating, other than an applicant who is eligible for the rating under subregulation 61.275(2) or (3).

Subregulation 61.235(4) provides that for subregulation 61.235(3) the applicant is eligible to take a flight test for the rating only if they meet specified requirements relating to knowledge examinations, flight training, aeronautical experience and medical fitness.

Subregulation 61.235(5) provides that the head of operations of a Part 141 or 142 operator or person named in the operator's exposition as responsible for flight training, or the holder of an approval under regulation 141.035 or 142.040, may certify that an applicant has met all the prerequisites for the flight test.

Regulation 61.240 provides that an applicant for a flight crew licence or rating is taken not to have passed a flight test if, when the applicant took the flight test, the applicant was not eligible to take the flight test under regulation 61.235

Regulation 61.245 - Conduct of flight test for flight crew licences, ratings and endorsements

Subregulation 61.245(1) provides that a flight test for a flight crew licence, rating or endorsement must be conducted in an aircraft or approved flight simulator that is appropriate to the category, class or type of aircraft.

Subregulation 61.245(2) provides certain aircraft class or type ratings flight tests must be conducted in an approved flight simulator if available in or outside of Australia.

Subregulation 61.245(3) provides that the flight test must be conducted by an examiner or holder of an approval under regulation 61.040 to conduct the flight test who is nominated by the applicant's training provider and is not the person who provided the eligibility underparagraph 61.235(2)(a) for a flight test for a flight crew licence.

Subregulation 61.245(4) provides that at any time before the test begins, CASA may, by written notice to the training provider and the examiner or Part 61 approval holder, nominate a different examiner or approval holder to conduct the flight test or require that CASA will conduct the test flight.

Subregulation 61.245(5) defines what available means, for the purpose of subregulation 61.245(2).

Regulation 61.250 provides that an applicant for a flight crew license, rating or endorsement passes the flight test for the licence, rating or endorsement if the examiner or approval holder assesses the applicant's performance in the flight test as meeting the competency standards mentioned in the Part 61 Manual of Standards.

Division 61.B.5 - English language proficiency

Division 61.B.5 inserts complete new regulations 61.255 to 61.270 that provide for English language proficiency assessments.

Regulation 61.255 - Aviation English language proficiency assessments

Subregulation 61.255(1) provides that a person may apply, in writing, to CASA or an examiner for an assessment of the person's aviation English language proficiency.

Subregulation 61.255(2) provides that the applicant passes the assessment if CASA or the examiner is satisfied that the applicant meets the ICAO level 6 aviation English language proficiency standards mentioned in the Part 61 Manual of Standards.

Subregulation 61.255(3) provides that if CASA or the examiner is not satisfied that the applicant meets the ICAO level 6 aviation English language proficiency standards mentioned in the Part 61 Manual of Standards, CASA or the examiner must refer the application to an aviation English language proficiency assessor.

Subregulation 61.255(4) provides that the applicant passes the assessment if the assessor is satisfied that the applicant meets the ICAO level 4, 5 or 6 aviation English language proficiency standards mentioned in the Part 61 Manual of Standards.

Regulation 61.260 provides that a person's aviation English language proficiency assessment remains current for specified periods, based on the level of proficiency assessed.

Regulation 61.265 - Recreational and student pilot licences - general English language proficiency

Subregulation 61.265(1) provides that for subparagraph 61.160(b)(iii), an applicant for a recreational or student pilot licence must have been assessed by CASA or an examiner as meeting the general English language proficiency standard mentioned in the Part 61 Manual of Standards, or satisfy a person mentioned in subregulation (2) that they have successfully completed a general English language proficiency test mentioned in the Part 61 Manual of Standards and have sufficient proficiency to safely exercise the privileges of the licence.

Subregulation 61.265(2) provides that for paragraph 61.265(1)(b) the person to be satisfied must be the head of operations of a Part 141 or 142 operator or an instructor who is authorised by the head of operations to assess the applicant's English language proficiency.

Regulation 61.270 - Approval of language proficiency assessors

Subregulation 61.270(1) provides a person may apply to CASA, in writing, for approval to conduct aviation English language proficiency assessments.

Subregulation 61.270(2) provides that, subject to regulation 11.055, CASA must grant the approval if satisfied that the person has successfully completed an approved course of training in assessment of aviation English language.

Division 61.B.6 - Recognition of overseas flight crew authorisations

Division 61.B.6 inserts complete new regulations 61.275 and 61.280 that provides for recognition of overseas flight crew authorisations and grant of flight crew licences, ratings or endorsements under bilateral agreements.

Regulation 61.275 - Overseas flight crew authorisations - recognitions

Subregulation 61.275(1) provides that, despite anything else in Part 61, the holder of an overseas flight crew licence is eligible for a flight crew licence under Part 61 with an aircraft category rating if CASA is satisfied the privileges of the overseas licence and any ratings are at least equivalent to the privileges of the Australian licence; the applicant is at least the minimum age for the Australian licence; the applicant holds a radio authorisation granted by the national aviation authority of a Contracting State; the applicant meets English language proficiency requirements; and the applicant has passed the overseas conversion aeronautical knowledge examination mentioned in the Part 61 Manual of Standards. For commercial pilot licences, multi-crew pilot licences and air transport pilot licences the applicant must also be certified as meeting the competency standards in the Part 61 Manual of Standards and pass a flight test.

Subregulation 61.275(2) provides that, despite anything else in Part 61, the holder of an overseas flight crew licence is eligible for an aircraft class rating, pilot type rating or flight engineer type rating if they hold or have held an equivalent overseas rating and CASA is satisfied that the overseas rating is at least equivalent to the Australian rating.

Subregulation 61.275(3) provides that, despite anything else in Part 61, the holder of an overseas flight crew licence is eligible for an operational rating if; they hold or have held an overseas rating; CASA is satisfied that the overseas rating is at least equivalent to the Australian rating; they have been certified by a person mentioned in subregulation 61.275(5) as meeting the competency standards in the Part 61 Manual of Standards for the rating; they pass the aeronautical knowledge examination for the rating; CASA is satisfied that they have completed the required aeronautical experience for the rating; and they pass the flight test mentioned in the Part 61 Manual of Standards for the rating.

Subregulation 61.275(4) provides that, despite anything else in Part 61, the holder of an overseas flight crew licence is eligible for a flight crew endorsement if: they hold or have held an overseas endorsement; CASA is satisfied that the overseas endorsement is at least equivalent to the Australian endorsement; and they have passed a flight test, if applicable.

Subregulation 61.275(5) provides that the head of operations of a Part 141 or 142 operator or person named in the operator's exposition as responsible for flight training may certify that the candidate meets the competency standards for the licence, rating or endorsement, as required in subparagraph 61.275(1)(e)(i) and paragraph 61.275(3)(c).

Regulation 61.280 provides that CASA may grant a flight crew licence, rating or endorsement to the holder of an overseas flight crew licence in accordance with a bilateral agreement between Australia and the Contracting State whose licencing authority granted the overseas licence.

Division 61.B.7 - Recognition of Australian Defence Force qualifications

Division 61.B.7 inserts complete new regulation 61.285 that provides for recognition of Australian Defence Force qualifications.

Regulation 61.285 provides that, despite anything else in Part 61, a member or former member of the Australian Defence Force is eligible for a flight crew licence, rating or endorsement if the member or former member meets the requirements set out in regulation 61.285 related to the flight crew qualifications, age, experience, English language proficiency, aeronautical experience and knowledge and passes the required examinations and flight tests, as applicable.

Subpart 61.C - Certificates of validation

This Subpart inserts a complete new Subpart 61.C inclusive of regulations 61.290 to 61.325. This subpart provides for the grant of certificates of validation, privileges of the certificates, limitations on the exercise of the privileges of the certificates and certificate validity.

Regulation 61.290 - Grant of certificates of validation

Subregulation 61.290(1) provides that a holder of an overseas flight crew licence may apply to CASA for a certificate of validation of the licence and any overseas rating or endorsement attached to the licence.

Subregulation 61.290(2) provides that, subject to regulation 11.055 and subregulation 61.290(4), CASA must grant the certificate of validation if the licence holder is authorised to exercise the privileges of the overseas licence and any rating or endorsement attached to the licence, and the applicant has passed any examination or flight test that CASA has, under subregulation 61.290(4), determined that is necessary.

Subregulation 61.290(3) provides that, for paragraph 61.290(2)(a), if the certificate of validation relates to an overseas flight crew licence that is equivalent to a commercial pilot licence, multi-crew pilot licence or air transport pilot licence, CASA must verify with the issuing authority of the State in which the overseas flight crew licence was granted that the licence, and any overseas rating or endorsement attached to it is current.

Subregulation 61.290(4) provides that for paragraph 61.290(2)(b), if CASA is satisfied that it is necessary for an applicant to pass an examination or flight test to satisfy CASA that the applicant can safely exercise the privileges of the certificate of validation, CASA may determine that the examination or flight test is required for the applicant.

Subregulation 61.290(5) provides that if the applicant does not have a current aviation security status check, within the meaning given by the Aviation Transport Security Regulations 2005, CASA must impose on the certificate a condition that the holder must not conduct any activity authorised by the certificate in Australian territory.

Regulation 61.295 provides that subject to regulations 61.300 and 61.305, the holder of a certificate of validation of an overseas flight crew licence, rating or endorsement that is equivalent to an Australian flight crew licence, rating or endorsement is authorised to conduct any activity that the holder of the equivalent Australian flight crew licence, rating or endorsement is authorised to conduct.

Regulation 61.300 provides that the holder of a certificate of validation of an overseas flight crew licence is authorised to conduct an activity mentioned in regulation 61.295 only if the holder also holds an overseas medical certificate of at least the class required for the grant of the overseas flight crew licence by the national aviation authority of a Contracting State that granted the licence.

Regulation 61.305 - Limitations on exercise of privileges of certificates of validation--recent experience, flight review and proficiency check

Subregulation 61.305(1) provides that the holder of a certificate of validation for an overseas flight crew licence that is equivalent to an Australian pilot licence is authorised to pilot an aircraft only if the holder has complied with the recent experience requirements mentioned in regulation 61.395 for the exercise of the privileges of the equivalent Australian pilot licence.

Subregulation 61.305(2) provides that the holder of a certificate of validation for an overseas rating that is equivalent to an Australian rating is authorised to pilot an aircraft only if the holder has complied with the recent experience requirements mentioned in Part 61 for the exercise of the privileges of the Australian rating.

Regulation 61.310 provides that the holder of a certificate of validation is authorised to exercise the privileges of certificates of validation on a flight only if the holder carries the certificate of validation and other specified documents on the flight.

Regulation 61.315 - Conduct of unauthorised activities by holders of certificates of validation

Subregulation 61.315(1) provides that the holder of a certificate of validation commits an offence if they pilot an aircraft, act as flight engineer or operate an approved flight simulator and the holder is not authorised under Part 61 to conduct the activity.

Subregulation 61.315(2) provides that an offence against regulation 61.315, other than an offence relating to a contravention of a provision mentioned in regulation 61.385, is an offence of strict liability. The penalty for the offence is established as 50 penalty units.

Subregulation 61.315(3) provides that it is a condition of a certificate of validation that the holder must comply with the limitations on the exercise of the privileges of the certificate set out in Subpart 61.C and the requirements set out in Part 61 that apply to the holder.

Regulation 61.320 - Certificates of validation - period of validity

Subregulation 61.320(1) provides that a certificate of validation must not be granted for a period of more than 1 year and it must state the date on which it expires.

Subregulation 61.320(2) provides that a certificate of validation expires on the occurrence of the earliest of the events listed in subregulation 61.320(2).

Regulation 61.325 - Certificates of Validation - renewal

Subregulation 61.325(1) provides that CASA may renew a certificate of validation only if the requirements of regulation 61.325 are met.

Subregulation 61.325(2) provides that, in regulation 61.325, a reference to renewing a certificate of validation includes issuing a new certificate of validation to the holder of a current certificate of validation, or a certificate of validation that has expired within the previous 3 months in respect of the same overseas flight crew licence, rating or endorsement.

Subpart 61.D - General obligations of flight crew licence holders

This Subpart inserts a complete new Subpart 61.D inclusive of regulations 61.330 to 61.370. This Subpart provides for general obligations of flight crew licence holders, including matters related to personal logbooks.

Regulation 61.330 provides that the holder of a flight crew licence is authorised to exercise the privileges of the licence outside Australia only if the holder has been assessed as meeting the current aviation English language proficiency standards mentioned in the Part 61 Manual of Standards.

Regulation 61.335 - Identity checks

Subregulation 61.335(1) provides that CASA may, by written notice, require the holder of a flight crew licence or certificate of validation to provide evidence of his or her identity in accordance with paragraph 6.57(1)(a) of the Aviation Transport Security Regulations 2005.

Subregulation 61.335(2) provides that the holder commits an offence if they exercise the privileges of the licence or certificate without having been told, in writing, by CASA that the holder has complied with the requirement of subregulation 61.335(1).

Subregulation 61.335(3) provides that for subregulation 61.335(2) CASA is taken to have told the holder that he or she has complied with the requirement if CASA issues a new licence document or certificate of validation to the holder.

Subregulation 61.335(4) provides that an offence against regulation 61.335 is an offence of strict liability. The penalty for the offence is established as 50 penalty units.

Regulation 61.340 - Production of licences, medical certificates and identification

Subregulation 61.340(1) provides that CASA may direct the holder of a flight crew licence to produce any or all of the documents listed in subregulation 61.340(1) for inspection by CASA.

Subregulation 61.340(2) provides that CASA may direct the holder of a certificate of validation to produce any of the documents listed in subregulation 61.340(2) for inspection by CASA.

Subregulation 61.340(3) provides that the holder of a flight crew licence or certificate of validation commits an offence if CASA directs the holder to produce a document under subregulation 61.340(1) or (2) and the holder does not produce the document within the period mentioned in subregulation 61.340(4).

Subregulation 61.340(4) provides that when a holder of a flight crew licence or certificate of validation the privileges of which were about to begin, were being exercised, or had just finished at the time of direction was given must be produced immediately. In all other cases the licence or certificate must be produced within 7 days of the direction.

Subregulation 61.340(5) provides that an offence against regulation 61.340 is an offence of strict liability. The penalty for the offence is established as 50 penalty units.

Regulation 61.345 - Personal logbooks - pilots

Subregulation 61.345(1) provides that a person who holds a pilot licence, or a certificate of validation of an overseas flight crew licence that is equivalent to a pilot licence commits an offence if the person does not keep a personal logbook in accordance with regulation 61.345. The penalty for the offence is established as 50 penalty units.

Subregulation 61.345(2) provides that a person must record his or her full name and date of birth in the person's log book.

Subregulation 61.345(3) provides that the person must record the information listed in subregulation 61.345(3) in the person's logbook as soon as practicable after completing a flight.

Subregulation 61.345(4) provides that the person must record the information listed in subregulation 61.345(4) in the person's logbook as soon as practicable after completing each simulated flight in a flight simulation training device.

Regulation 61.350 - Personal logbooks - flight engineers

Subregulation 61.350(1) provides that a person commits an offence if they hold a flight engineer licence, or a certificate of validation of an overseas flight crew licence that is equivalent to a flight engineer licence and does not keep a personal logbook in accordance with regulation 61.350. The penalty for the offence is established as 50 penalty units.

Subregulation 61.350(2) provides that a person must record his or her full name and date of birth in the person's log book.

Subregulation 61.350(3) provides that the person must record the information listed in subregulation 61.350(3) in the person's logbook as soon as practicable after completing a flight.

Subregulation 61.350(4) provides that the person must record the information listed in subregulation 61.350(4) in the person's logbook as soon as practicable after completing each simulated flight in a flight simulation training device.

Regulation 61.355 - Retention of personal logbooks

Subregulation 61.355(1) provides that a person commits an offence if the person keeps a personal logbook under regulation 61.345 or 61.350 and the person does not retain the logbook for 7 years after the day of the last entry. The penalty for the offence is established as 50 penalty units.

Subregulation 61.355(2) provides that a person commits an offence if the person keeps a personal logbook under regulation 61.345 or 61.350 and the person does not ensure that each entry in the logbook is retained unaltered throughout the period mentioned in subregulation 61.355(1). The penalty for the offence is established as 50 penalty units.

Subregulation 61.355(3) provides that an offence against regulation 61.355 is an offence of strict liability.

Regulation 61.360 - False entries in personal logbooks

Subregulation 61.360(1) provides that the holder of a flight crew licence or certificate of validation commits an offence if the holder makes a false or misleading entry in his or her personal logbook.

Subregulation 61.360(2) provides that paragraph 61.360(1)(b) does not apply if the entry is not false or misleading in a material particular.

Subregulation 61.360(3) provides that CASA may issue the holder of a flight crew licence or certificate of validation a written direction to correct an entry in his or her personal logbook in accordance with the direction.

Subregulation 61.360(4) provides that the holder commits an offence if the holder does not comply with the direction within 14 days after the day the direction is given to the person. The penalty for the offence is established as 50 penalty units.

Subregulation 61.360(5) provides that an offence against regulation 61.360 is an offence of strict liability. The penalty for the offence is established as 50 penalty units.

Regulation 61.365 - Production of personal logbooks

Subregulation 61.365(1) provides that CASA may direct the holder of a flight crew licence or certificate of validation to produce the holder's personal logbook for inspection by CASA.

Subregulation 61.365(2) provides that the holder of a flight crew licence or certificate of validation commits an offence if CASA directs the holder to produce his or her personal logbook under subregulation 61.365(1) and the holder does not produce an up to date version of the personal logbook within 7 days after the direction is given.

Subregulation 61.365(3) provides that if the holder's personal logbook is kept in electronic form, a requirement to produce the logbook is met if the holder produces a printed copy of the logbook and each page is certified by the holder as a true copy.

Subregulation 61.365(4) provides that an offence against regulation 61.365 is an offence of strict liability. The penalty for the offence is established as 50 penalty units.

Regulation 61.370 - Provision of photograph

Subregulation 61.370(1) provides that the holder of a flight crew licence commits an offence if they exercise the privileges of the licence more than 10 years after the licence was granted and they have not given CASA a photograph showing their full face and head and shoulders that is not more than 6 months old.

Subregulation 61.370(2) provides that an offence against tregulation 61.370 is an offence of strict liability. The penalty for the offence is established as 50 penalty units.

Subpart 61.E - Pilot licensing - general limitations and authorisations

This Subpart inserts a complete new Subpart 61.E inclusive of regulations 61.375 to 61.435. This Subpart provides for general limitations on the exercise of pilot licence privileges and general authorisations for pilot licences.

Division 61.E.1 - General limitations on the exercise of pilot licence privileges

Division 61.E.1 inserts complete new regulations 61.375 to 61.427 that provides for general limitations on the exercise of pilot licence privileges.

Regulation 61.375 - Limitations on exercise of privileges of pilot licences - ratings

Subregulation 61.375(1) provides that regulation 61.375 applies to the holder of a pilot licence, other than a student pilot licence.

Subregulation 61.375(2) provides the holder is authorised to exercise the privileges of the licence in an aircraft of a particular category only if the holder also holds, as the associated aircraft category rating for the licence, the aircraft category rating for that category of aircraft.

Subregulation 61.375(3) provides that the holder is only authorised to exercise the privileges of the licence in an aircraft if they meet the requirements set out in subregulation 61.375(5) only if they hold an appropriate aircraft class rating for the aircraft.

Subregulation 61.375(4) specifies the aircraft class ratings for an aeroplane.

Subregulation 61.375(5) specifies for which aircraft the holder of a licence requires a pilot type rating for an aircraft type.

Subregulation 61.375(6) provides that the holder is not required to hold a pilot type rating for an aircraft when acting as a cruise relief co-pilot and holding a cruise relief co-pilot type rating.

Subregulation 61.375(7) provides that the holder is authorised to conduct an activity mentioned in column 1 of table 61.375 if they hold the rating in column 2 of that table.

Subregulation 61.375(8) provides that the holder of a multi-crew pilot licence with an aeroplane category rating, the holder of air transport pilot licence with an aeroplane category rating, and the holder of air transport pilot licence with a powered-lift category rating, are authorised to pilot an aeroplane or powered-lift aircraft under the IFR or at night under the VFR in accordance with subregulation 61.375(8), without holding an instrument rating.

Regulation 61.380 provides that the holder of a pilot licence is authorised to conduct a flight activity mentioned in column 2 of an item in table 61.1145 only if the holder also holds the endorsement mentioned in column 1 of this item.

Regulation 61.385 - Limitations on exercise of privileges of pilot licences - general competency requirement

Subregulation 61.385(1) provides that the holder of a pilot licence is authorised to exercise the privileges of the licence in an aircraft of a particular class or type only if the holder is competent in operating the aircraft to the standards mentioned in the Part 61 Manual of Standards for the class or type, including in all the areas set out in subregulation 61.385(1).

Subregulation 61.385(2) provides the holder of a pilot licence is authorised to exercise the privileges of the licence in an aircraft that has an operative airborne collision avoidance system (ACAS) only if the holder is competent in the use of an ACAS to the standards mentioned in the Part 61 Manual of Standards.

Regulation 61.390 - Limitations on exercise of privileges of pilot licences - operating requirements and limitations

Subregulation 61.390(1) provides that the holder of a pilot licence is not authorised to conduct an activity in the exercise of the privileges of the licence in an aircraft engaging in the activity that is a prescribed purpose for subsection 27(9) of the Act and the operator of the aircraft does not hold an Air Operator's Certificate that authorises the conduct of the activity.

Subregulation 61.390(2) provides that the holder of a pilot licence is not authorised to conduct an activity in the exercise of the privileges of the licence if the conduct of the activity would be an offence against the Act or another provision of these Regulations.

Regulation 61.395 - Limitations on exercise of privileges of pilot licences - recent experience

Subregulation 61.395(1) provides the holder of a pilot licence is authorised to pilot, during take-off or landing, an aircraft of a particular category carrying a passenger by day only if the holder has, within the previous 90 days, in an aircraft of that category or an approved flight simulator, conducted by day or night at least 3 take-offs and at least 3 landings.

Subregulation 61.395(2) provides that the holder of a pilot licence is authorised to pilot, during take-off or landing, an aircraft of a particular category carrying a passenger at night only if the holder has, within the previous 90 days, in an aircraft of that category or an approved flight simulator, conducted by night at least 3 take-offs and at least 3 landings.

Subregulation 61.395(3) provides that for paragraph 61.395(1)(a) and paragraph 61.395(2)(a), each take-off must be followed by a climb to at least 500 ft above ground level.

Subregulation 61.395(4) provides that the holder is taken to meet the requirements of subregulation 61.395(1) if in the previous 90 days they have successfully completed a relevant check or review or passed a flight test for a pilot licence or rating that included at least one take-off and least one landing, or is successfully participating in an operator's approved cyclic training and proficiency program.

Subregulation 61.395(5) provides that the holder is taken to meet the requirements of subregulation 61.395(2) if in the previous 90 days they have successfully completed a relevant check or review or passed a flight test for a pilot licence or rating that included at least one take-off and at least one landing at night, or is successfully participating in an operator's approved cyclic training and proficiency program.

Subregulation 61.395(6) defines relevant check or review for regulation 61.395.

Regulation 61.400 - Limitations on exercise of privileges of pilot licences - flight review

Subregulation 61.400(1) provides that for Part 61, successful completion of a flight review for a rating on a pilot licence requires demonstration, to a person mentioned in subregulation 61.400(2), that the holder of the rating is competent in each unit of competency mentioned in the Part 61 Manual of Standards for the rating.

Subregulation 61.400(2) provides that for subregulation 61.400(1), the person must be CASA, the holder of an approval under regulation 61.040 or a pilot instructor who holds a training endorsement that authorises the person to conduct flight training for the rating.

Subregulation 61.400(3) provides that the flight review must be conducted in an aircraft or approved flight simulator.

Regulation 61.405 - Limitations on exercise of privileges of pilot licences--medical certificates: student and recreational pilot licence holders

Subregulations 61.405(1) and (2) provides that the holder of a recreational pilot licence or student pilot licence is authorised to exercise the privileges of the licence only if the holder also meets the requirements set out in subregulations 61.405(1) and (2) pertaining to the holder's medical fitness, and requirements for a current class 1 or 2 medical certificate or recreational aviation medical practitioner's certificate.

Subregulation 61.405(3) defines when a recreational aviation medical practitioner's certificate would be considered to be current.

Regulation 61.410 - Limitations on exercise of privileges of pilot licences - medical certificates: private pilot licence holders

Subregulation 61.410(1) provides that the holder of a private pilot licence is authorised to exercise the privileges of the licence only if the holder also holds a current class 1 or 2 medical certificate or medical exemption.

Subregulation 61.410(2) provides that the holder of a private pilot licence is authorised to exercise the privileges of the licence in an activity that would be authorised by a recreational pilot licence if the holder also holds a current recreational aviation medical practitioner's certificate and meets the requirements mentioned in subregulation 61.405(2).

Regulation 61.415 - Limitations on exercise of privileges of pilot licences--medical certificates: commercial, multi-crew and air transport pilot licence holders

Subregulation 61.415(1) provides that the holder of a commercial pilot licence, multi-crew pilot licence or air transport pilot licence is authorised to exercise the privileges of the licence only if the holder holds a current class 1 medical certificate or a medical exemption.

Subregulation 61.415(2) provides that the holder of a commercial pilot licence or air transport pilot licence is authorised to exercise the privileges of the licence in an activity that would be authorised by a private pilot licence if the holder holds a current class 2 medical certificate.

Subregulation 61.415(3) provides that the holder of a commercial pilot licence or air transport pilot licence is authorised to exercise the privileges of the licence in an activity that would be authorised by a recreational pilot licence if the holder also holds a current recreational aviation medical practitioner's certificate and meets the requirements mentioned in subregulation 61.405(2).

Regulation 61.420 provides that the holder of a pilot licence is authorised to exercise the privileges of the licence on a flight only if the holder carries on the flight the documents listed in regulation 61.415.

Regulation 61.425 provides that the holder of a pilot licence is authorised to pilot an aircraft only if the aircraft is registered.

Regulation 61.427 - Removal of certain pilot licence conditions about airspace

Subregulation 61.427(1) provides that subregulation 61.427(2) applies if the holder of a pilot licence issued under regulation 202.272 or 202.274 is subject to certain conditions relating to flight operations.

Subregulation 61.427(2) provides for the holder of a pilot licence to apply to CASA to removecertain conditions on certain pilot licences and for CASA to remove these conditions.

Subregulation 61.427(3) provides that subregulation 61.427(4) applies if the holder of a pilot licence issued under regulation 202.272 or 202.274 is subject to certain conditions relating to flight operations before 4 December 2013.

Subregulation 61.427(3) provides for the holder of a pilot licence to apply to CASA to remove certain conditions on certain pilot licences and for CASA to remove these conditions.

Division 61.E.2 - General authorisations for pilot licences

Division 61.E.2 inserts complete new regulations 61.430 and 61.435 that provide for general authorisations for pilot licences.

Regulation 61.430 - Holders of pilot licences authorised to taxi aircraft

Subregulation 61.430(1) provides that a person is authorised to taxi an aircraft of a particular class or type if the person holds a pilot licence, other than a student pilot licence, with the relevant category and class or type rating, or holds a student pilot licence and is approved the taxi the aircraft by a flight instructor.

Subregulation 61.430(2) provides that for regulations 61.405 to 61.415, taxiing an aircraft does not constitute the exercise of the privileges of a licence.

Regulation 61.435 - Certain holders of pilot licences authorised to operate aircraft radio

Subregulation 61.435(1) provides that a person is authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation if they hold a private, commercial or air transport pilot licence, a recreational pilot licence with a flight radio endorsement, or a student pilot licence and are approved to operate the radio by a pilot instructor.

Subregulation 61.435(2) provides that the holder of a student pilot licence is authorised to transmit on a radio frequency of a kind used for ensuring the safety of air navigation if the holder is on a flight that is approved by a flight instructor and the holder is receiving training in the use of an aircraft radio.

Subregulation 61.435(3) provides that for regulations 61.405 to 61.415, transmitting on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation does not constitute the exercise of the privileges of a licence.

Subpart 61.F - Student pilot licences

This Subpart inserts a complete new Subpart 61.F inclusive of regulations 61.440 to 61.455. This Subpart provides for the privileges, limitations and requirements related to student pilot licences.

Regulation 61.440 provides that, subject to Subpart 61.E and regulations 61.445 and 61.450, the holder of a student pilot licence is authorised to pilot an aircraft when receiving flight training.

Regulation 61.445 - Limitations on exercise of privileges of student pilot licences--general

Subregulation 61.445(1) provides that the holder of a student pilot licence is authorised to pilot an aircraft only if the flight is approved by, and conducted under the supervision and approval of a flight instructor, and under the VFR.

Subregulation 61.445(2) provides that a flight is conducted, for paragraph 61.445(1)(a), under the supervision of a flight instructor if the flight instructor meets the requirements of subregulation 61.445(2).

Subregulation 61.445(3) provides that the holder of a student pilot licence is not authorised to pilot an aircraft carrying passengers.

Subregulation 61.445(4) provides that the holder of a student pilot licence is authorised to conduct a solo flight in a Contracting State's airspace if the holder has permission of the Contracting State.

Regulation 61.450 - Limitations on exercise of privileges of student pilot licences--recent experience

Subregulation 61.450(1) provides that the holder of a student pilot licence is authorised to conduct a solo flight in an aircraft only if they meet the requirements set out in subregulation 61.450(1).

Subregulation 61.450(2) provides that the holder is taken to meet paragraph 61.450(1)(b) if the holder is enrolled in an integrated training course.

Regulation 61.455 provides that an applicant for a student pilot licence must be at least 15 years old.

Subpart 61.G - Recreational pilot licences

This Subpart inserts a complete new Subpart 61.G inclusive of regulations 61.460 to 61.500. This Subpart provides for the privileges limitations and requirements related to recreational pilot licences.

Division 61.G.1 - Privileges and grant of licences

Division 61.G.1 inserts complete new regulations 61.460 to 61.480 that provide for privileges of and the grant of recreational pilot licences.

Regulation 61.460 provides that, subject to Subpart 61.E and regulations 61.465 and 61.470, the holder of a recreational pilot licence is authorised to pilot a single-engine aircraft as pilot in command or co-pilot if the aircraft and flight meets the requirements set out in regulation 61.460.

Regulation 61.465 - Limitations on exercise of privileges of recreational pilot licences--general

Subregulation 61.465(1) provides that the holder of a recreational pilot licence is authorised to conduct a solo flight in a Contracting State's airspace only if the holder has permission of the Contracting State.

Subregulation 61.465(2) provides that the holder of a recreational pilot licence is authorised to pilot an aircraft carrying more than 1 passenger only if the holder also holds a current class 1 or 2 medical certificate, or is accompanied by another pilot who holds a current class 1 or 2 medical certificate, occupies a flight control seat in the aircraft, and is authorised to pilot the aircraft.

Subregulation 61.465(3) provides that the holder of a recreational pilot licence is authorised to pilot an aircraft above 10 000 ft above mean sea level only if the holder also holds a current class 1 or 2 medical certificate or is accompanied by another pilot who holds a current class 1 or 2 medical certificate, occupies a flight control seat in the aircraft, and is authorised to pilot the aircraft.

Regulation 61.470 - Limitations on exercise of privileges of recreational pilot licences--endorsements

Subregulation 61.470(1) provides the circumstances in which the holder of a recreational pilot licence is required to have a recreational navigation endorsement.

Subregulation 61.470(2) provides that the holder of a recreational pilot licence is authorised to pilot an aircraft in controlled airspace only if the holder also holds a controlled airspace endorsement.

Subregulation 61.470(3) provides that the holder of a recreational pilot licence is authorised to pilot an aircraft at a controlled aerodrome only if the holder also holds a controlled aerodrome endorsement.

Regulation 61.475 - Requirements for grant of recreational pilot licences

Subregulation 61.475(1) provides that an applicant for a recreational pilot licence must be at least 16 years old.

Subregulation 61.475(2) provides, subject to regulation 61.480, that an applicant for a recreational pilot licence must have specified knowledge, training and experience and pass the aeronautical knowledge examination and flight test mentioned in the Part 61 Manual of Standards for a recreational pilot licence and the associated aircraft category rating.

Subregulation 61.475(3) provides that the flight test must be conducted in an aircraft and not in an approved flight simulator as allowed under paragraph 61.245(1)(a).

Subregulation 61.475(4) provides that the applicant is taken to meet the requirements of subregulation 61.475(2) if the applicant holds a private pilot licence, commercial pilot licence or air transport pilot licence.

Regulation 61.480 - Grant of recreational pilot licences in recognition of pilot certificates issued by certain organisations

Subregulation 61.480(1) provides that regulation 61.480 applies to an applicant for a recreational pilot licence if the applicant holds a certificate granted by a recreational aviation administration organisation that permits the holder to act as pilot of an aircraft of a particular category.

Subregulation 61.480(2) provides that for subregulation 61.475(2), the applicant is taken to have passed the aeronautical knowledge examination and the flight test for the licence and the associated aircraft category rating.

Subregulation 61.480(3) provides that the applicant is also taken to have met the requirements for the grant of the aircraft category rating, aircraft class rating and design feature endorsement for the aircraft.

Division 61.G.2 - Recreational pilot licence endorsements

Division 61.G.2 inserts complete new regulations 61.485 to 61.500 that provide for recreational pilot licence endorsements.

Regulation 61.485 provides the kinds of recreational pilot licence endorsements.

Regulation 61.490 - Privileges of recreational pilot licence endorsements

Subregulation 61.490(1) provides that, subject to Subpart 61.E, the holder of a recreational pilot licence with a controlled aerodrome endorsement is authorised to pilot an aircraft, as pilot in command, at a controlled aerodrome.

Subregulation 61.490(2) provides that, subject to Subpart 61.E, the holder of a recreational pilot licence with a controlled airspace endorsement is authorised to pilot an aircraft, as pilot in command, in controlled airspace.

Subregulation 61.490(3) provides that, subject to Subpart 61.E, the holder of a recreational pilot licence with a flight radio endorsement is authorised to operate an aircraft radio on the ground or in flight to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation.

Subregulation 61.490(4) provides that, subject to Subpart 61.E, the holder of a recreational pilot licence with a recreational navigation endorsement is authorised to pilot an aircraft, as pilot in command, on a cross-country flight.

Regulation 61.495 - Requirements for grant of recreational pilot licence endorsements

Subregulation 61.495(1) provides that regulation 61.495 does not apply to a person who is eligible to be granted a recreational pilot licence endorsement under regulation 61.500.

Subregulation 61.495(2) provides that an applicant for a recreational pilot licence endorsement must meet the requirements set out in subregulation 61.495(2) for the endorsement.

Subregulation 61.495(3) provides that the cross-country flight time required for the cross-country endorsement must include a flight of at least 100 nautical miles, during which a full-stop landing is made at each of 2 aerodromes or landing areas, other than the one from which the flight began.

Regulation 61.500 - Grant of endorsement in recognition of other qualifications

Subregulation 61.500(1) provides that an applicant for a recreational pilot licence endorsement is eligible to be granted the endorsement if they hold a recreational pilot licence and they hold another flight crew licence that authorises the privileges of the endorsement.

Subregulation 61.500(2) provides that an applicant for a controlled aerodrome endorsement is eligible to be granted the endorsement if regulation 61.480 applies to the applicant and the applicant holds an approval from the recreational aviation administration organisation to pilot an aircraft at a controlled aerodrome.

Subregulation 61.500(3) provides that an applicant for a controlled airspace endorsement is eligible to be granted the endorsement if regulation 61.480 applies to the applicant and the applicant holds an approval from the recreational aviation administration organisation to pilot an aircraft in controlled airspace.

Subregulation 61.500(4) provides that an applicant for a flight radio endorsement is eligible to be granted the endorsement if regulation 61.480 applies to the applicant and the applicant holds an approval from the recreational aviation administration organisation to operate a radio and the applicant has a current aviation English language proficiency assessment.

Subregulation 61.500(5) provides that an applicant for a recreational navigation endorsement is eligible to be granted the endorsement if regulation 61.480 applies to the applicant, the applicant holds a cross-country navigation approval from the recreational aviation administration organisation, and the applicant has completed at least 5 hours of solo cross-country flight time that complies with subregulation 61.495(3).

Subpart 61.H - Private pilot licences

This Subpart inserts a complete new Subpart 61.H inclusive of regulations 61.505 to 61.565. This Subpart provides for the general privileges, limitations and requirements of private pilot licences and the aeronautical experience requirements for applicants who have and have not completed integrated training courses.

Division 61.H.1 - General

Division 61.H.1 inserts complete new regulations 61.505 to 61.515 that provides for general information regarding the privileges and requirements of, and limitations on, private pilot licences.

Regulation 61.505 provides that, subject to Subpart 61.E and regulation 61.510, the holder of a private pilot licence is authorised to pilot an aircraft as pilot in command or co-pilot if the aircraft is engaged in private operations or the holder is receiving flight training.

Regulation 61.510 provides that the holder of a private pilot licence is authorised to exercise the privileges of the licence in a multi-crew operation only if the holder has completed an approved course of training in multi-crew cooperation.

Regulation 61.515 - Requirements for grant of private pilot licences - general

Subregulation 61.515(1) provides that an applicant for a private pilot licence must be at least 17 years old.

Subregulation 61.515(2) provides that an applicant must have also met the requirements outlined in subregulation 61.515(2).

Subregulation 61.515(3) provides that despite paragraph 61.245(1)(a), the flight test must be conducted in an aircraft and not in an approved flight simulator as allowed under paragraph 61.245(1)(a).

Subregulation 61.515(4) provides that an applicant who meets the requirements for the grant of a commercial pilot licence is taken to meet the requirements for the grant of a private licence.

Division 61.H.2 - Aeronautical experience requirements for private pilot licences--applicants who have completed integrated training courses

Division 61.H.2 inserts completely new regulations 61.520 to 61.535 that provide for aeronautical experience requirements for applicants of private pilot licences who have completed integrated training courses and the associated aircraft category rating.

Regulation 61.520 provides that Division 61.H.2 applies to an applicant for a private pilot licence whose flight training includes completion of an integrated training course and the associated aircraft category rating.

Regulation 61.525 - Aeronautical experience requirements for grant of private pilot licences - aeroplane category

Subregulation 61.525(1) provides that an applicant for a private pilot licence with the aeroplane category rating must have at least 35 hours of aeronautical experience that includes the items listed in subregulation 61.525(1).

Subregulation 61.525(2) provides that any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device.

Subregulation 61.525(3) provides that the cross-country flight time required by paragraph 61.525(1)(d) must include a flight of at least 150 nautical miles during which a full-stop landing is made at each of 2 aerodromes not within the flight training area for the aerodrome at which the flight began.

Subregulation 61.525(4) provides that the flight time in an aeroplane required by subregulation 61.525(1) must be completed in a registered or recognised aeroplane.

Regulation 61.530 - Aeronautical experience requirements for grant of private pilot licences--helicopter category

Subregulation 61.530(1) provides that an applicant for a private pilot licence with the helicopter category rating must have at least 35 hours of aeronautical experience that meets the requirements in subregulation 61.530(1).

Subregulation 61.530(2) provides that any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device or tethered flight time.

Subregulation 61.530(3) provides that the cross-country flight time required by paragraph 61.530(1)(c) must include a flight of at least 100 nautical miles during which a landing is made at each of 2 landing areas, other than the one from which the flight began.

Subregulation 61.530(4) provides that the flight time in helicopter required by subregulation 61.530(1) must be completed in a registered or recognised helicopter.

Regulation 61.535 - Aeronautical experience requirements for grant of private pilot licences--gyroplane category

Subregulation 61.535(1) provides that an applicant for a private pilot licence with the gyroplane category rating must have at least 35 hours of aeronautical experience that meets the requirements in subregulation 61.535(1).

Subregulation 61.535(2) provides that any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device.

Subregulation 61.535(3) provides that the cross-country flight time required by paragraph 61.535(1)(e) must include a flight of at least 100 nautical miles during which a full-stop landing is made at each of 2 landing areas, other than the one from which the flight began.

Subregulation 61.535(4) provides that the flight time in a gyroplane required by subregulation 61.535(1) must be completed in a registered or recognised gyroplane.

Division 61.H.3 - Aeronautical experience requirements for private pilot licences--applicants who have not completed integrated training courses

Division 61.H.3 inserts complete new regulations 61.540 to 61.565 that provides for aeronautical experience requirements for applicants of private pilot licences who have not completed integrated training courses.

Regulation 61.540 provides that Division 61.H.3 applies to an applicant for a private pilot licence whose flight training does not include completion of an integrated training course for the licence and associated aircraft category rating.

Regulation 61.545 - Aeronautical experience requirements for grant of private pilot licences--aeroplane category

Subregulation 61.545(1) provides that an applicant for a private pilot licence with the aeroplane category rating must have at least 40 hours of aeronautical experience that includes the items listed in subregulation 61.545(1).

Subregulation 61.545(2) provides that any of the aeronautical experience that is not completed as flight time as a pilot in command must be completed as simulated flight time in an approved flight simulation training device.

Subregulation 61.545(3) provides that the cross-country flight time required by paragraph 61.545(1)(d) must include a flight of at least 150 nautical miles during which a full-stop landing is made at each of 2 aerodromes not within the flight training area for the aerodrome at which the flight began.

Regulation 61.550 - Aeronautical experience requirements for grant of private pilot licences--helicopter category

Subregulation 61.550(1) provides that an applicant for a private pilot licence with the helicopter category rating must have at least 40 hours of aeronautical experience that includes the items listed in subregulation 61.550(1).

Subregulation 61.550(2) provides that any of the required aeronautical experience that is not completed as flight time must be completed as simulated flight time in an approved flight simulation training device or tethered flight time.

Subregulation 61.550(3) provides that the cross-country flight time required by paragraph 61.550(1)(d) must include a flight of at least 100 nautical miles during which a landing is made at each of 2 landing areas, other than the one from which the flight began.

Regulation 61.555 - Aeronautical experience requirements for grant of private pilot licences--powered-lift aircraft category

Subregulation 61.555(1) provides that an applicant for a private pilot licence with the powered-lift aircraft category rating must have at least 40 hours of aeronautical experience that includes the items listed in subregulation 61.555(1).

Subregulation 61.555(2) provides that any of the required aeronautical experience that is not completed as flight time as a pilot in command must be completed as simulated flight time in an approved flight simulation training device or tethered flight time.

Subregulation 61.555(3) provides that the cross-country flight time required by paragraph 61.555(1)(e) must include a flight of at least 150 nautical miles during which a full-stop landing is made at each of 2 landing areas, other than the one from which the flight began.

Regulation 61.560 - Aeronautical experience requirements for grant of private pilot licences--gyroplane category

Subregulation 61.560(1) provides that an applicant for a private pilot licence with the gyroplane category rating must have at least 40 hours of aeronautical experience that includes the items listed in subregulation 61.560(1).

Subregulation 61.560(2) provides that any of the aeronautical experience that is not completed as flight time as a pilot in command must be completed as simulated flight time in an approved flight simulation training device.

Subregulation 61.560(3) provides that the cross-country flight time required by paragraph 61.560(1)(e) must include a flight of at least 100 nautical miles during which a full-stop landing is made at each of 2 landing areas, other than the one from which the flight began.

Regulation 61.565 - Aeronautical experience requirements for grant of private pilot licences - airship category

Subregulation 61.565(1) provides that an applicant for a private pilot licence with the airship category rating must have at least 25 hours of aeronautical experience that includes the items listed in subregulation 61.565(1).

Subregulation 61.565(2) provides that the cross-country flight time required by paragraph 61.565(1)(a) must include a flight of at least 25 nautical miles.

Subregulation 61.565(3) provides that the applicant must have completed, at an aerodrome, at least 5 full-stop take-offs and landings.

Subregulation 61.565(4) provides that for paragraph 61.565(3)(b) each of the 5 landings must involve a flight in traffic patterns at the aerodrome.

Subpart 61.I - Commercial pilot licences

This Subpart inserts a complete new Subpart 61.I inclusive of regulations 61.570 to 61.630. This Subpart provides for the general privileges, limitations and requirements of commercial pilot licences and the aeronautical experience requirements for applicants who have or have not completed integrated training courses and the associated aircraft category rating.

Division 61.I.1 - General

Division 61.I.1 inserts complete new regulations 61.570 to 61.580 that provides for general information regarding commercial pilot licences.

Regulation 61.570 provides that, subject to Subpart 61.E and regulation 61.575, the holder of a commercial pilot licence is authorised to pilot, as pilot in command or co-pilot, any aircraft in any operation, other than set out in paragraph 61.570(a).

Regulation 61.575 - Limitations on exercise of privileges of commercial pilot licences--multi-crew operations

Subregulation 61.575(1) provides that the holder of a commercial pilot licence is authorised to exercise the privileges of the licences in a multi-crew operation only if the holder has completed an approved course of training in multi-crew cooperation.

Subregulation 61.575(2) provides that the holder of a commercial pilot licence that was granted under regulation 202.272 is taken to meet the requirement mentioned in subregulation 61.575(1) if, before 4 December 2013, the holder conducted a multi-crew operation.

Regulation 61.580 - Requirements for grant of commercial pilot licences--general

Subregulation 61.580(1) provides that an applicant for a commercial pilot licence must be at least 18 years old.

Subregulation 61.580(2) provides that an applicant must have also met the requirements outlined in subregulation 61.580(2).

Subregulation 61.580(3) provides that the flight test must be conducted in an aircraft and not in an approved flight simulator as allowed under paragraph 61.245(1)(a).

Subregulation 61.580(4) provides that the applicant is taken to meet the requirements of paragraph 61.580(2)(b) if the applicant holds an air transport pilot licence with the associated aircraft category rating.

Division 61.I.2 - Aeronautical experience requirements for commercial pilot licences--applicants who have completed integrated training courses

Division 61.I.2 inserts complete new regulations 61.585 to 61.600 that provide for aeronautical experience requirements for applicants of commercial pilot licences who have completed integrated training courses and the associated aircraft category rating.

Regulation 61.585 provides that Division 61.I.2 applies to an applicant for a commercial pilot licence whose flight training includes completion of an integrated training course and the associated aircraft category rating.

Regulation 61.590 - Aeronautical experience requirements for grant of commercial pilot licences - aeroplane category

Subregulation 61.590(1) provides that an applicant for a commercial pilot licence with the aeroplane category rating must have at least 150 hours of aeronautical experience that includes the requirements set out in subregulation 61.590(1).

Subregulation 61.590(2) provides that any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device.

Subregulation 61.590(3) provides that the cross-country flight time required by paragraph 61.590(1)(c) must include a flight of at least 300 nautical miles during which a full-stop landing is made at each of 2 aerodromes not within the flight training area of the aerodrome from which the flight began.

Subregulation 61.590(4) provides that the flight time in an aeroplane required by subregulation 61.590(1) must be completed in a registered or recognised aeroplane.

Regulation 61.595 - Aeronautical experience requirements for grant of commercial pilot licences - helicopter category

Subregulation 61.595(1) provides that an applicant for a commercial pilot licence with the helicopter category rating must have at least 100 hours of aeronautical experience that includes the requirements set out in subregulation 61.595(1).

Subregulation 61.595(2) provides any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device or tethered flight time.

Subregulation 61.595(3) provides that no more than 5 hours of the required aeronautical experience may be completed as tethered flight time.

Subregulation 61.595(4) provides that the cross-country flight time required by paragraph 61.595(1)(c) must include a flight of at least 150 nautical miles during which a landing is made at each of 2 landing areas, other than the one from which the flight began.

Subregulation 61.595(5) provides that the flight time in a helicopter required by subregulation 61.595(1) must be completed in a registered or recognised helicopter.

Regulation 61.600 - Aeronautical experience requirements for grant of commercial pilot licences- powered-lift aircraft category

Subregulation 61.600(1) provides that an applicant for a commercial pilot licence with the powered-lift aircraft category rating must have at least 150 hours of aeronautical experience that includes the requirements set out in subregulation 61.600(1).

Subregulation 61.600(2) provides that any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device or tethered flight time.

Subregulation 61.600(3) provides that no more than 5 hours of the required aeronautical experience may be completed as tethered flight time.

Subregulation 61.600(4) provides that the cross-country flight time required by paragraph 61.600(1)(c) must include a flight of at least 300 nautical miles during which a full-stop landing is made at each of 2 landing areas, other than the one from which the flight began.

Subregulation 61.600(5) provides that the flight time in a powered-lift aircraft by subregulation 61.5600(1) must be completed in a registered or recognised powered-lift aircraft.

Division 61.I.3 - Aeronautical experience requirements for commercial pilot licences--applicants who have not completed integrated training courses

Division 61.I.3 inserts complete new regulations 61.605 to 61.630 that provides for aeronautical experience requirements for applicants of commercial pilot licences who have not completed an integrated training course and associated aircraft category rating.

Regulation 61.605 provides that Division 61.I.3 applies to an applicant for a commercial pilot licence whose flight training does not include completion of an integrated training course and the associated aircraft category rating.

Regulation 61.610- Aeronautical experience requirements for grant of commercial pilot licences--aeroplane category

Subregulation 61.610(1) provides that an applicant for a commercial pilot licence with the aeroplane category rating must have at least 200 hours of aeronautical experience that includes the requirements set out in subregulation 61.610(1).

Subregulation 61.610(2) provides that any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device.

Subregulation 61.610(3) provides the cross-country flight time required by paragraph 61.610(1)(c) must include a flight of at least 300 nautical miles during which a full-stop landing is made at each of 2 aerodromes not within the training area from which the flight began.

Regulation 61.615 - Aeronautical experience requirements for grant of commercial pilot licences--helicopter category

Subregulation 61.615(1) provides that an applicant for a commercial pilot licence with the helicopter category rating must have at least 150 hours of aeronautical experience that includes the requirements set out in subregulation 61.615(1).

Subregulation 61.615(2) provides that any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device or tethered flight time.

Subregulation 61.615(3) provides that no more than 5 hours of the required aeronautical experience may be completed as tethered flight time.

Subregulation 61.615(4) provides that the cross-country flight time required by paragraph 61.615(1)(d) must include a flight of at least 150 nautical miles during which a landing is made at each of 2 landing areas, other than the one from which the flight began.

Regulation 61.620 - Aeronautical experience requirements for grant of commercial pilot licences--powered-lift aircraft category

Subregulation 61.620(1) provides that an applicant for a commercial pilot licence with the powered-lift aircraft category rating must have at least 200 hours of aeronautical experience that includes the requirements set out in subregulation 61.620(1).

Subregulation 61.620(2) provides that any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device or tethered flight time.

Subregulation 61.620(3) provides that no more than 5 hours of the required aeronautical experience may be completed as tethered flight time.

Subregulation 61.620(4) provides that the cross-country flight time required by paragraph 61.620(1)(c) must include a flight of at least 300 nautical miles during which a full-stop landing is made at each of 2 landing areas, other than the one from which the flight began.

Regulation 61.625 - Aeronautical experience requirements for grant of commercial pilot licences--gyroplane category

Subregulation 61.625(1) provides that an applicant for a commercial pilot licence with the gyroplane category rating must have at least 150 hours of aeronautical experience that includes the requirements set out in subregulation 61.625(1).

Subregulation 61.625(2) provides that the cross-country flight time required by paragraph 61.625(1)(e) must include a flight of at least 150 nautical miles during which a full-stop landing is made at each of 2 landing areas, other than the one from which the flight began.

Regulation 61.630 - Aeronautical experience requirements for grant of commercial pilot licences--airship category

Subregulation 61.630(1) provides that an applicant for a commercial pilot licence with the airship category rating must have at least 200 hours of aeronautical experience that includes the requirements set out in subregulation 61.630(1).

Subregulation 61.630(2) provides that any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device.

Subpart 61.J - Multi-crew pilot licences

This Subpart inserts a complete new Subpart 61.J inclusive of regulations 61.635 to 61.660. This Subpart provides for the general privileges, limitations, requirements and aeronautical experience requirements for the grant of multi-crew pilot licences.

Regulation 61.635 provides that, subject to Subpart 61.E and regulations 61.640 to 61.650, the holder of a multi-crew pilot licence is authorised to pilot an aeroplane, as co-pilot, in any operation.

Regulation 61.640 - Limitations on exercise of privileges of multi-crew pilot licences--IFR flight: general

Subregulation 61.640(1) provides that a holder of a multi-crew pilot licence is authorised to conduct a circling approach under the IFR on a flight if they meet the requirements of subregulation 61.640(1).

Subregulation 61.640(2) provides that, for paragraph 61.640(1)(b), an instrument proficiency check includes an operator proficiency check that covers IFR operations and is conducted by a flight examiner who holds an instrument rating flight test endorsement.

Subregulation 61.640(3) provides that the holder of a multi-crew licence is authorised to conduct an instrument approach in an aircraft using a procedure of a particular kind only if the holder has met the requirements of subregulation 61.640(3).

Subregulation 61.640(4) provides that for paragraph 61.640(3)(b) the persons are

CASA or an examiner or instructor who is authorised under Part 61 to conduct an instrument approach using the same procedure or a person who holds an approval under regulation 61.040 to assess the holder's competence.

Regulation 61.645 - Limitations on exercise of privileges of multi-crew pilot licences--IFR flight: recent experience

Subregulation 61.645(1) provides that regulation 61.645would apply to a holder of a multi-crew pilot licence if they have not successfully completed an operator proficiency check that covers IFR operations within the previous 3 months and is not successfully participating in an operators approved cyclic training and proficiency program that covers IFR operations.

Subregulation 61.645(2) provides that the holder of a multi-crew pilot licence is authorised to pilot an aircraft under the IFR only if the holder has conducted at least 3 instrument approaches within the previous 90 days in an aircraft or approved flight simulation training device.

Subregulation 61.645(3) provides that the holder of a multi-crew pilot licence is authorised to pilot an aircraft of a particular category under the IFR only if the holder has conducted at least one instrument approach within the previous 90 days in an aircraft of the same category or an approved flight simulation training device.

Subregulation 61.645(4) provides that the holder is authorised to conduct an approach using a 2D instrument approach procedure if they have conducted an instrument approach within the previous 90 days in an approved flight training simulation device or aircraft.

Subregulation 61.645(5) provides that the holder is authorised to conduct an approach using a 3D instrument approach procedure if they have conducted an instrument approach within the previous 90 days in an approved flight training simulation device or aircraft.

Subregulation 61.645(6) provides that the holder is authorised to conduct an approach using an azimuth guidance procedure if they have conducted an instrument approach within the previous 90 days in an approved flight training simulation device or aircraft.

Subregulation 61.645(7) provides that the holder is authorised to conduct an approach using a course deviation indicator procedure if they have conducted an instrument approach within the previous 90 days in an approved flight training simulation device or aircraft.

Regulation 61.650 - Limitations on exercise of privileges of multi-crew pilot licences--instrument proficiency check

Subregulation 61.650(1) provides that the holder of a multi-crew pilot licence is authorised to exercise the privileges of the licence under the IFR only if the holder has a valid instrument proficiency check for the aeroplane category.

Subregulation 61.650(2) provides that the holder is authorised to exercise the privileges of the licence under the IFR in a multi-engine aeroplane only if the holder has a valid instrument proficiency check for multi-engine aeroplanes.

Subregulation 61.650(3) provides that, for subregulations 61.650(1) and (2), the holder is taken to have a valid instrument proficiency check for the relevant aeroplane during the periods listed in subregulation 61.650(3).

Subregulation 61.650(4) provides that if the holder attempts but does not successfully complete an instrument proficiency check for the relevant aeroplane, the holder is no longer taken to have a valid instrument proficiency check for the relevant aeroplane.

Subregulation 61.650(5) provides that, for paragraphs 61.650(3)(d) and (e), the holder successfully completes an instrument proficiency check for the relevant aeroplane if he or she meets the requirements set out in subregulation 61.650(5).

Subregulation 61.650(6) provides that, for paragraphs 61.650(3)(d) and (e), the instrument proficiency check must be conducted in a relevant aeroplane or an approved flight simulation training device for the proficiency check.

Subregulation 61.650(7) provides that, for paragraph 61.650(5)(b), the person is the holder of an approval under regulation 61.040 to conduct the proficiency check.

Subregulation 61.650(8) provides that, for subparagraphs 61.650(5)(a)(iii) and (b)(iii), the matters are the date on which the instrument proficiency check is conducted and whether the instrument proficiency check is for the aeroplane category or multi-engine aeroplanes.

Subregulation 61.650(9) provides what relevant aeroplane for an instrument proficiency check means in regulation 61.650.

Regulation 61.655 - Requirements for grant of multi-crew pilot licences

Subregulation 61.655(1) provides that an applicant for a multi-crew pilot licence must be at least 18 years old.

Subregulation 61.655(2) provides that the applicant must also meet the requirements set out in subregulation 61.655(2).

Subregulation 61.655(3) provides that for paragraph 61.650(2)(c), the flight test must be conducted under the IFR in a multi-engine turbine-powered aeroplane for which a pilot type rating is prescribed by a legislative instrument under regulation 61.055 or an approved flight simulator.

Regulation 61.660 - Aeronautical experience requirements for grant of multi-crew pilot licences--aeroplane category

Subregulation 61.660(1) provides that an applicant for a multi-crew pilot licence with the aeroplane category rating must have at least 240 hours of aeronautical experience that includes the requirements set out in subregulation 61.660(1).

Subregulation 61.660(2) provides that any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device.

Subregulation 61.660(3) provides cross-country flight time required by paragraph 61.660(1)(c) must include a flight of at least 150 nautical miles during which a full-stop landing is made at each of 2 aerodromes not within the flight training area for the aerodrome from which the flight began.

Subregulation 61.660(4) provides that the applicant must have completed at least 12 take-offs, and at least 12 landings, in an aeroplane of the type used for the applicant's first flight test.

Subregulation 61.660(5) provides that the applicant is taken to meet subregulation 61.660(4) if they meet the requirements set out in subregulation 61.660(5).

Subregulation 61.660(6) provides that CASA may grant an approval mentioned in paragraph 61.660(5)(a) only if the lower number does not adversely affect the acquisition of the required skill by the applicant and the Part 142 operator conducting the training course mentioned in paragraph 61.655(2)(b) has made arrangements to ensure that corrective action can be taken if in-training or post-training evaluation indicates a need for corrective action.

Subregulation 61.660(7) provides that the flight time in an aeroplane required by subregulation 61.660(1) must be completed in a registered or recognised aeroplane.

Subpart 61.K - Air transport pilot licences

This Subpart inserts a complete new Subpart 61.K inclusive of regulations 61.665 to 61.715. This Subpart provides for the general privileges, limitations, requirements and aeronautical experience requirements for the grant of air transport pilot licences.

Regulation 61.665 provides that subject to Subpart 61.E and regulations 61.670 to 61.695 the holder of an air transport pilot licence is authorised to pilot an aeroplane, helicopter or powered-lift aircraft as pilot in command or co-pilot.

Regulation 61.670 provides that the holder of an air transport pilot licence is authorised to pilot a helicopter under the IFR only if the holder also holds an instrument rating.

Regulation 61.675 provides that the holder of an air transport pilot licence is authorised to pilot an aircraft in a single-pilot operation under the IFR only if the holder has completed the relevant flight test and proficiency check.

Regulation 61.680 - Limitations on exercise of privileges of air transport pilot licences - IFR: general

Subregulation 61.680(1) provides for the holder of an air transport pilot licence to conduct an instrument approach as a pilot in command only if the aircraft is equipped for that kind of approach.

Subregulation 61.680(2) provides that the holder of an air transport pilot licence is authorised to conduct a circling approach under the IFR if they meet the requirements of subregulation 61.680(2).

Subregulation 61.680(3) provides that, for paragraph 61.680(2)(b), an instrument proficiency check includes an operator proficiency check that covers IFR operations and is conducted by a flight examiner who holds an instrument rating flight test endorsement.

Subregulation 61.680(4) provides that the holder of an air transport pilot licence

is authorised to conduct an instrument approach in an aircraft using a procedure of a particular kind only if the holder has completed training, and demonstrated his or her competence in the conduct of instrument approaches using the procedureto a person mentioned in subregulation 61.680(5).

Subregulation 61.680(5) provides that, for subregulation 61.680(4), the persons are CASA, or an examiner or instructor who is authorised under Part 61 to conduct an instrument approach using the same procedure and a person who holds an approval under regulation 61.040 to assess the holder's competence.

Regulation 61.685 Limitations on exercise of privileges of air transport pilot licences - IFR flight: recent experience

Subregulation 61.685(1) provides that regulation 61.685 applies to a holder of an air transport pilot licence if they have not successfully completed an operator proficiency check that covers IFR operations within the previous 3 months and is not successfully participating in an operators approved cyclic training and proficiency program that covers IFR operations.

Subregulation 61.685(2) provides that the holder of an air transport pilot licence is authorised to pilot an aircraft under the IFR only if the holder has conducted at least 3 instrument approaches within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.

Subregulation 61.685(3) provides that the holder is authorised to pilot an aircraft of a particular category under the IFR only if the holder has conducted at least one instrument approach within the previous 90 days in an aircraft of the same category or an approved flight simulation training device.

Subregulation 61.685(4) provides that the holder is authorised to conduct an approach using a 2D instrument approach procedure if they have conducted an instrument approach within the previous 90 days in an approved flight training simulation device or aircraft.

Subregulation 61.685(5) provides that the holder is authorised to conduct an approach using a 3D instrument approach procedure if they have conducted an instrument approach within the previous 90 days in an approved flight training simulation device or aircraft.

Subregulation 61.685(6) provides that the holder is authorised to conduct an approach using an azimuth guidance procedure if they have conducted an instrument approach within the previous 90 days in an approved flight training simulation device or aircraft.

Subregulation 61.685(7) provides that the holder is authorised to conduct an approach using a course deviation indicator procedure if they have conducted an instrument approach within the previous 90 days in an approved flight training simulation device or aircraft.

Regulation 61.690 - Limitations on exercise of privileges of air transport pilot licences - single pilot IFR flight: recent experience

Subregulation 61.690(1) provides that for the holder of an air transport pilot licence to conduct an IFR single-pilot operation only upon completion of a single-pilot IFR flight within previous 6 months.

Subregulation 61.690(2) provides that for the holder of an air transport pilot licence to conduct an IFR single-pilot operation upon completion of a single-pilot IFR flight within previous 6 month of at least one hour in length including one instrument approach.

Regulation 61.695 - Limitations on exercise of privileges of air transport pilot licences - instrument proficiency check

Subregulation 61.695(1) provides for the holder of an air transport pilot licence to conduct an IFR operation in an aircraft in a category that the holder has a valid instrument proficiency check for that category.

Subregulation 61.695(2) provides for the holder of an air transport pilot licence to conduct an IFR operation in a multi-engine aeroplane or helicopter if the holder has a valid instrument proficiency check for a multi-engine aeroplane or helicopter.

Subregulation 61.695(3) provides that for subregulation 61.695(1) and (2), the holder is taken to have a valid instrument proficiency check for the relevant aircraft if they meet the requirements set out in subregulation 61.695(3).

Subregulation 61.695(4) provides that if the holder attempts but does not successfully compete an instrument proficiency check for the relevant aircraft the holder is no longer taken to have a valid instrument proficiency check for the relevant aircraft.

Subregulation 61.695(5) provides that, for paragraphs 61.695(3)(d) and (e), the holder successfully completes an instrument proficiency check for the relevant aircraft if they meet the requirements set out in subregulation 61.695(5)

Subregulation 61.695(6) provides that, for paragraphs 61.695(3)(d) and (e), the instrument proficiency check must be conducted in a relevant aircraft or an approved flight simulation training device for the proficiency check.

Subregulation 61.695(7) provides that, for paragraph 61.695(5)(b), the person is the holder of an approval under regulation 61.040 to conduct the proficiency check.

Subregulation 61.695(8) provides that, for subparagraphs 61.695(5)(a)(iii) and (b)(iii), the matters are the date on which the instrument proficiency check is conducted and the aircraft to which the instrument proficiency check relates.

Subregulation 61.695(9) provides the meaning of relevant aircraft for regulation 61.695.

Regulation 61.700 - Requirements for grant of air transport pilot licences - general

Subregulation 61.700(1) provides for an applicant for an air transport pilot to be at least of 21 years old.

Subregulation 61.700(2) provides for the applicant for an air transport pilot licence to also hold a commercial pilot licence or multi-crew pilot licence in the same aircraft category rating.

Subregulation 61.700(3) provides that the applicant for an air transport pilot licence must also have passed the requirements set out in subregulation 61.700(3).

Subregulation 61.700(4) provides that, an applicant for an air transport pilot licence who holds a multi-crew pilot licence to have met the requirements in subregulation 61.700(3)(a).

Subregulation 61.700(5) provides that, for paragraph 61.700(3)(c), the flight test must be conducted under the IFR in a multi-engine turbine-powered aeroplane that is configured for flight, and operated, with a co-pilot or an approved flight simulator.

Subregulation 61.700(6) provides that, for paragraph 61.700(3)(c), the flight test for the air transport pilot licence with the helicopter category rating must be conducted in: a turbine-powered helicopter that is certified for night VFR operations and configured for flight, and operated, with a co-pilot; or an approved flight simulator for the flight test.

Subregulation 61.700(7) provides that, for paragraph 61.7003(c), the flight test for the air transport pilot licence in the powered-lift category must be conducted in a powered-lift aircraft configured for flight with a co-pilot and IFR equipped or in an approved flight simulator.

Regulation 61.705 - Aeronautical experience requirements for grant of air transport pilot licences - aeroplane category

Subregulation 61.705(1) provides for the applicant of an air transport pilot licence in the aeroplane category to have at least 1500 hours of aeronautical experience inclusive of the requirements set out in subregulation 61.705(1).

Subregulation 61.705(2) provides that the required aeronautical experience not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulator.

Subregulation 61.705(3) provides that the required flight time for the aeronautical experience requirements must not exceed 25 hours completed in a flight simulation training device that is not an approved flight simulator.

Subregulation 61.705(4) provides that the required flight time in subregulation 61.705(1) must be completed in a registered or recognised aeroplane.

Regulation 61.710 - Aeronautical experience requirements for grant of air transport pilot licences - helicopter category

Subregulation 61.710(1) provides that an applicant for an air transport pilot licence with a helicopter rating must have at least 1,000 hours aeronautical experience inclusive of the requirements set out in subregulation 61.710(1).

Subregulation 61.710(2) provides that the required aeronautical experience not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulator or as tethered flight time.

Subregulation 61.710(3) provides that the required flight time for the aeronautical experience requirements must not exceed 25 hours completed in a flight simulation training device or not exceed 5 hours as tethered flight time.

Subregulation 61.710(4) provides that the flight time in a helicopter required by subregulation 61.710(1) must be completed in a registered or recognised helicopter.

Regulation 61.715 - Aeronautical experience requirements for grant of air transport pilot licences - powered-lift aircraft category

Subregulation 61.715(1) provides that an applicant for an air transport pilot licence with the powered-lift aircraft category must have at least 1500 hours aeronautical experience, inclusive of the requirements set out in subregulation 61.715(1).

Subregulation 61.715(2) provides that the required aeronautical experience not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulator or as tethered flight time.

Subregulation 61.715(3) provides that the required flight time for the aeronautical experience requirements must not exceed 25 hours completed in a flight simulation training device or not exceed 5 hours as tethered flight time.

Subregulation 61.715(4) provides that the flight time in a powered-lift aircraft required by subregulation 61.715(1) must be completed in a registered or recognised powered-lift aircraft.

Subpart 61.L Aircraft ratings and endorsements for pilot licences

This Subpart inserts a complete new Subpart 61.L inclusive of regulations 61.720 to 61.850. This Subpart provides for the aircraft category ratings, aircraft class ratings, design feature endorsements, pilot type ratings and cruise relief type ratings for pilot licences.

Division 61.L.1 - Preliminary

Division 61.L.1 inserts complete new regulation 61.720 that provides for preliminary information regarding pilot licences.

Regulation 61.720 provides for ratings and endorsements that are required to authorise the holder of a pilot licence to exercise the privileges of the licence in an aircraft of a particular category, class or type.

Division 61.L.2 - Aircraft category ratings

Division 61.L.2 inserts complete new regulations 61.725 and 61.730 and would provide for aircraft category ratings.

Regulation 61.725 provides, subject to Subpart 61.E, for the holder to exercise the privileges of the pilot licence with which the category rating is associated in an aircraft of that category.

Regulation 61.730 - Requirements for grant of aircraft category ratings

Subregulation 61.730(1) provides for the applicant for an aircraft category rating to be the holder of, or an applicant for, a pilot licence, other than a student pilot licence.

Subregulation 61.730(2) provides that when an application for the aircraft category rating made at the same time as an application for a pilot licence, the applicant meets the requirements for the granting of the category rating if the applicant meets the requirements for the granting of the pilot licence with the aircraft category rating.

Subregulation 61.730(3) provides that the applicant for an aircraft category rating for an existing pilot licence must meet the requirements for the grant of the pilot licence with the aircraft category rating.

Division 61.L.3 - Aircraft class ratings

Division 61.L.3 inserts complete new regulations 61.735 to 61.750 and provides for information on aircraft class ratings.

Regulation 61.735 provides that, subject to Subpart 61.E and regulations 61.740 and 61.745, the holder of an aircraft class rating is authorised to exercise the privileges of the holder's pilot licence in an aircraft of that class other than an aircraft certificated for multi-crew operation, or for which a single-pilot type rating is required under regulation 61.060.

Regulation 61.740 provides that the holder of an aircraft class rating is authorised to exercise the privileges of the rating in an aircraft that has a design feature mentioned for the aircraft in regulation 61.755 only if the holder also holds the design feature endorsement for the design feature.

Regulation 61.745 - Limitations on exercise of privileges of aircraft class ratings - flight review

Subregulation 61.745(1) provides that the holder of an aircraft class rating is authorised to exercise privileges of the rating only if the holder has completed a successful flight review within the previous 24 months in accordance with subregulation 61.745(2).

Subregulation 61.745(2) provides that the flight review must be conducted in an aircraft of the class covered by the rating or an approved flight simulator for the flight review.

Subregulation 61.745(3) provides that the holder of a class rating is taken for the purposes of sub regulation 61.745(1) to have successfully completed a flight review for an aircraft class rating within the previous 24 months if the holder has passed a flight test for the rating within the previous 24 months.

Subregulation 61.745(4) provides that paragraph 61.745(3)(a) does not apply if the holder was taken to have met the requirements for the grant of the rating under subregulation 61.480(3).

Regulation 61.750 - Requirements for grant of aircraft class ratings

Subregulation 61.750(1) provides that an applicant for an aircraft class rating must hold a pilot licence, other than a student pilot licence and the aircraft category rating for the aircraft category to which aircraft of that class belong.

Subregulation 61.750(2) provides that an applicant for a multi-engine aeroplane class rating must hold a private pilot licence, commercial pilot licence, multi-crew licence or air transport pilot licence.

Subregulation 61.750(3) provides that the applicant must have completed flight training for the rating and passed the flight test mentioned in Part 61 Manual of Standards for that aircraft class rating in an aircraft of that class.

Division 61.L.4 - Design feature endorsements

Division 61.L.4 inserts complete new regulations 61.755 to 61.765 and provides for design feature endorsements.

Regulation 61.755 - Design features that require design feature endorsement

Subregulation 61.755(1) provides that regulation 61.755 applies to aircraft other than aircraft for which a pilot type rating is required.

Subregulation 61.755(2) provides for a list of design features on an aeroplane that require a design feature endorsement.

Subregulation 61.755(3) provides for a list of design features on a helicopter that require a design feature endorsement.

Subregulation 61.755(4) provides for a list of design features on a gyroplane that require a design feature endorsement.

Subregulation 61.755(5) provides for a list of design features on an airship that require a design feature endorsement.

Regulation 61.760 provides that, subject to Subpart 61.E, the holder of an aircraft class rating and a design feature endorsement is authorised to exercise the privileges of his or her pilot licence in an aircraft of that class that has the design feature.

Regulation 61.765 - Requirements for grant of design feature endorsements

Subregulation 61.765(1) provides that the applicant for a design feature endorsement must hold an aircraft class rating that covers an aircraft with the design feature and either have passed the flight test for the class rating in an aircraft with the design feature or have completed flight training for the endorsement.

Subregulation 61.765(2) provides for a pilot holding a type rating for an aircraft that has a design feature mentioned for the aircraft in regulation 61.755, is taken to meet the requirements of subregulation 61.765(1) for that design feature.

Division 61.L.5 - Pilot Type Ratings

Division 61.L.5 inserts complete new regulations 61.770 to 61.822 and provides for information on pilot type ratings.

Regulation 61.770 provides that, subject to Subpart 61.E and regulations 61.775 to 61.800, the holder of a pilot licence and a pilot type rating is authorised to exercise the privileges of the licence in an aircraft of the type covered by the rating.

Regulation 61.775 - Limitations on exercise of privileges of pilot type ratings-flight test in flight simulator

Subregulation 61.775(1) provides that regulation 61.775 applies if the holder of a pilot type rating passed the flight test for the rating in a flight simulator.

Subregulation 61.775(2) provides that the holder is authorised to exercise the privileges of the rating as pilot in command only if the holder has at least 25 hours of flight time as pilot of an aircraft covered by the rating.

Subregulation 61.775(3) provides that the holder is taken to meet the requirements of subregulation 61.775(2) if they meet the requirements set out in subregulation 61.775(3).

Regulation 61.780 - Limitations on exercise of privileges of pilot type ratings -variants

Subregulation 61.780(1) provides that regulation 61.780 applies if the holder of a pilot type rating passed the flight test for the rating in an aircraft model covered by the rating (the first variant) or an approved flight simulator for the first variant; and differences training is required for another aircraft model covered by the rating (the second variant).

Subregulation 61.780(2) provides that the holder is authorised to exercise the privileges of the rating in an aircraft of the second variant only if the holder has completed all the differences training mentioned in the Part 61 Manual of Standards for the second variant.

Regulation 61.785 - Limitations on exercise of privileges of pilot type ratings - single-pilot operation and multi-crew operation.

Subregulation 61.785(1) provides for the holder of a single-pilot type rating to be authorised to exercise the privileges of the rating in a multi-crew operation only if the holder also holds a multi-crew type rating or has completed an approved course of training in multi-crew cooperation.

Subregulation 61.785(2) provides that the holder of a multi-crew type rating is authorised to exercise the privileges of the rating only in a multi-crew operation.

Regulation 61.790 provides that the holder of a pilot type rating is authorised to pilot an aircraft under the IFR only if the flight test for the rating is conducted under the IFR; or the holder has completed an instrument proficiency check in an aircraft covered by the rating.

Regulation 61.795 - Limitations on exercise of privileges of pilot type ratings - recent experience on variant

Subregulation 61.795(1) provides that regulation 61.795 applies if the holder of a pilot type rating passed the flight test for the rating in an aircraft model covered by the rating (the first variant) or an approved flight simulator for the first variant; and differences training is required for another aircraft model covered by the rating (the second variant).

Subregulation 61.795(2) provides that the holder is authorised to exercise the privileges of the rating in the second variant only if they meet the requirements set out in paragraph 61.795(2)(a) or the holder is successfully participating in an operator's approved cyclic training and proficiency program that covers operations in the second variant.

Regulation 61.800 - Limitations on exercise of privileges of pilot type ratings - flight review

Subregulation 61.800(1) provides that the holder of a pilot type rating is authorised to exercise the privileges of the rating as pilot in command of an aircraft only if the holder has successfully completed a flight review for the rating within the previous 24 months in accordance with subregulation 61.800(2).

Subregulation 61.800(2) provides that for subregulation 61.800(1), the flight review must be conducted in an aircraft of the type covered by the rating or an approved flight simulator for the type of aircraft.

Subregulation 61.800(3) provides that the holder is taken to meet the requirements of subregulation 61.800(1) if they meet the requirements set out in subregulation 61.800(3).

Regulation 61.805 - Limitations on exercise of privileges of type ratings - instrument proficiency check

Subregulation 61.805(1) provides that the holder of a pilot type rating is authorised to exercise the privileges of the rating under the IFR only if the holder has a valid instrument proficiency check for the aircraft type covered by the rating.

Subregulation 61.805(2) provides that for subregulation 61.805(1) the holder is taken to have a valid instrument proficiency check for an aircraft type, other than a single-pilot turbojet aeroplane type, during the periods set out in subregulation 61.805(2).

Subregulation 61.805(3) provides that for subregulation 61.805(1), the holder is taken to have a valid instrument proficiency check for a single-pilot turbojet aeroplane during the periods set out in subregulation 61.805(3).

Subregulation 61.805(4) provides that if at any time the holder attempts, but does not successfully complete an instrument proficiency check for the aircraft type; the holder is no longer taken to have a valid instrument proficiency check for that aircraft type.

Subregulation 61.805(5) provides for paragraphs 61.805(2)(e) and 61.805(3)(e) and (f), the holder successfully completes an instrument proficiency check for the relevant aircraft if they meet the requirements set out in subregulation 61.805(5).

Subregulation 61.805(6) provides for paragraphs 61.805(2)(e) and (f) and 61.805(3)(e) and (f) that the instrument proficiency check must be conducted in a relevant aircraft or an approved flight simulation training device for the proficiency check.

Subregulation 61.805(7) provides for paragraph 61.805(5)(b) that the person is the holder of an approval under regulation 61.040 to conduct the proficiency check.

Subregulation 61.805(8) provides for subparagraphs (5)(a)(iii) and (b)(iii) that the matters are the date on which the instrument proficiency check is conducted and the aircraft type to which the instrument proficiency check relates.

Regulation 61.810 - Requirements for grant of pilot type rating

Subregulation 61.810(1) provides that regulation 61.810 applies to an applicant for a pilot type rating if the applicant is not taken to meet the requirements of the grant of the rating under regulations 61.815 or 61.820.

Subregulation 61.810(2) provides that the applicant must hold a private pilot licence, a commercial pilot licence or an air transport pilot licence and an aircraft category rating that includes aircraft of the type covered by the pilot type rating.

Subregulation 61.810(3) provides that the applicant must also have completed an approved course of training as set out in paragraph 61.810(3)(a), passed an examination as set out in 61.810(3)(b) and passed the flight test mentioned in the Part 61 Manual of Standards for the rating.

Subregulation 61.810(4) provides for paragraph 61.810(3)(a) the approved course of training must be conducted by a Part 141 or 142 operator that is authorised under those parts to conduct the course; or the holder of an approval under regulation 141.035 or 142.040 to conduct the training.

Subregulation 61.810(5) provides that the applicant is taken to meet the requirements of subregulation 61.810(3) if CASA is satisfied that the applicant has completed training conducted by a training provider that is authorised by the national aviation authority of a recognised foreign State, for the grant of an overseas rating and the applicant has been assessed, by a person who is authorised by the national aviation authority of the recognised foreign State, as meeting the requirements for the grant of the overseas rating and the training meets the standards specified in the Part 61 Manual of Standards for training for the rating and the overseas rating is at least equivalent to the rating.

Regulation 61.815 provides that a person is taken to meet the requirements for the grant of a pilot type rating for a type of aircraft if the person meets the requirements for the grant of a multi-crew or air transport pilot licence and the flight test for the licence is conducted in an aircraft of that type or an approved simulator for the flight test.

Regulation 61.820 - Person taken to meet requirements for grant of pilot type rating - new type rating

Subregulation 61.820(1) provides that a person is taken to meet the requirements for the grant of a pilot type rating (the new type rating) if the person holds a pilot type rating (the old type rating) and the type rating and the person satisfy the requirements of subregulation 61.820(1).

Subregulation 61.820(2) provides that a person is taken to meet the requirements for the grant of a single-pilot type rating for a type of aircraft if they meet the requirements of subregulation 61.820(2).

Regulation 61.822 - Removal of type rating conditions about acting as pilot in command

Subregulation 61.822(1) provides that regulation 61.822 applies to the holder of a type rating granted on the basis of regulation 202.272 or 202.274 if that rating is subject to the condition that the holder must not act as pilot in command of the relevant aircraft type.

Subregulation 61.822(2) provides that CASA must remove the condition if the holder applies to CASA for the removal and the holder meets the requirements under Part 61 for the grant of a type rating.

Division 61.L.6 - Cruise relief type ratings

Division 61.L.6 inserts complete new regulations 61.825 to 61.850 and provides for cruise relief type ratings.

Regulation 61.825 provides for the kinds of cruise relief type ratings and specifies these are set out in column 1 of Table 61.825 outlining the cruise relief type ratings and the activities authorised.

Regulation 61.830 provides that, subject to Subpart 61.E and regulations 61.835 and 61.840, the holder of a cruise relief type rating mentioned in an item in column 1 of table 61.825 is authorised to undertake the activity mentioned in column 2 of this item.

Regulation 61.835 - Limitations on exercise of privileges of cruise relief type ratings - general

Subregulation 61.835(1) provides that the holder of a cruise relief co-pilot type rating is authorised to act as co-pilot of an aircraft only if the aircraft is operated by an operator that has an approved cyclic training program and only while aircraft is at flight level 200 or above.

Subregulation 61.835(2) provides that the holder of a cruise relief engineer type rating is authorised to act as flight engineer of an aircraft only while the aircraft is at flight level 200 or above.

Subregulation 61.835(3) provides that subregulation 61.835(4) applies if the holder of a cruise relief co-pilot type passed the flight rating test in an aircraft model covered by the rating (the first variant) or in an approved flight simulator for the first variant. Differences training is required for another aircraft model required by the rating (the second variant).

Subregulation 61.835(4) provides that the holder of a cruise relief co-pilot type rating is authorised to exercise privileges of the rating in the second variant only if the holder has completed all the differences training mentioned in the Part 61 Manual of Standards for the second variant.

Regulation 61.840 - Limitations on exercise of privileges of cruise relief type ratings - recent experience

Subregulation 61.840(1) provides that the holder of a cruise relief co-pilot type is authorised to act as co-pilot of an aircraft of a particular type only if the holder is successfully participating in an approved cyclic training and proficiency program that is conducted by the operator of the aircraft and covers operations in an aircraft of that type.

Subregulation 61.840(2) provides that the holder of a cruise relief flight engineer type rating is authorised to act as a cruise relief flight engineer in aircraft of a particular type if the holder meets the requirements set out in subregulation 61.840(2).

Subregulation 61.840(3) provides that subregulation 61.840(4) applies if the holder of a cruise relief type rating passed the test for the rating in an aircraft model covered by the rating (the first variant) or an approved flight simulator for the first variant. Differences training is required for another aircraft model covered by the rating (the second variant) under regulation 61.055.

Subregulation 61.840(4) provides that the holder is authorised to exercise the privileges of the rating in the second variant only if within the previous 24 months they have met the requirements set out in subregulation 61.840(4).

Regulation 61.845 - Requirements for grant of cruise relief type ratings

Subregulation 61.845(1) provides that an applicant for a cruise relief type rating for an aircraft of a particular type is subject to regulation 61.845 if the applicant does not meet the requirements of regulation 61.850.

Subregulation 61.845(2) provides that an applicant must hold a certain pilot licence and certain aircraft category rating and for a cruise relief flight engineer the relevant type and aircraft type ratings as set out in subregulation 61.845(2).

Subregulation 61.845(3) provides that an applicant must complete the approved courses of training and pass the flight test mentioned in the Part 61 Manual of Standards as set out in subregulation 61.485(3).

Subregulation 61.845(4) provides that for paragraphs 61.845(3)(a) and (b) the approved training course must be conducted by a Part 142 operator that is authorised under Part 142 to conduct the course; or by the holder of an approval under regulation 142.040 to conduct the training.

Regulation 61.850 provides that a person meets the requirements for the grant of a cruise relief type rating (the new type rating) if the applicant meets the requirements set out in regulation 61.850.

Subpart 61.M - Instrument Ratings

This Subpart inserts a complete new Subpart 61.M inclusive of regulations 61.855 to 61.905. This Subpart provides for the privileges and requirements for the grant of instrument ratings and endorsements.

Division 61.M.1 - Privileges and requirements for grant of instrument ratings

Division 61.M.1 inserts complete new regulations 61.855 to 61.887 and provides for the privileges of, and the requirements for the grant of instrument ratings and the removal of instrument rating conditions.

Regulation 61.855 provides that subject to Subpart 61.E and regulations 61.860 to 61.880 the holder of an instrument rating is authorised to pilot an aircraft under the IFR or at night under the VFR.

Regulation 61.860 - Limitations on exercise of privileges of instrument ratings - general

Subregulation 61.860(1) provides that the holder of an instrument rating is authorised to conduct an instrument approach of a particular kind as pilot in command of an aircraft only if the aircraft is equipped for that kind of procedure.

Subregulation 61.860(2) provides that the holder of an instrument rating is authorised to pilot an aircraft in a single-pilot operation under the IFR only if the holder has passed a flight test for the rating in a single-pilot aircraft or completed an instrument proficiency check in a single-pilot aircraft.

Subregulation 61.860(3) provides that the holder of an instrument rating is authorised to conduct a circling approach under the IFR on a flight only if the holder passed the flight test for the rating within the previous 12 months, and the flight test included a circling approach, or the holder's most recent instrument proficiency check included a circling approach, or the holder is successfully participating in an operator's approved cyclic training and proficiency program that includes circling approaches.

Subregulation 61.860(4) provides for paragraph 61.860(3)(b), that an instrument proficiency check includes an operator proficiency check that covers IFR operations, and that is conducted by a flight examiner who holds an instrument rating flight test endorsement.

Subregulation 61.860(5) provides that the holder of an instrument rating is authorised to conduct an instrument approach in an aircraft using a procedure of a particular kind only if the holder has, completed training in the conduct of instrument approaches using the procedure, and demonstrated to a person mentioned in subregulation 61.860(6) his or her competence in the conduct of instrument approaches using the procedure.

Subregulation 61.860(6) provides that for paragraph 61.860(5)(b), that the persons are from CASA, an examiner or instructor who is authorised to conduct an instrument approach using the same procedure, or a person who holds an approval under regulation 61.040 to assess the holders competence.

Regulation 61.865 - Limitations on exercise of privileges of instrument ratings--endorsements

Subregulation 61.865(1) provides for the holder of an instrument rating to pilot an aircraft mentioned in column 2 of an item in part 1 of table 61.890 under the IFR, or at night under the VFR, only if the holder also holds the endorsement mentioned in column 1 of the item.

Subregulation 61.865(2) provides for the holder of an instrument rating to conduct an instrument approach mentioned in column 2 of an item in Part 2 of table 61.890, only if the holder also holds an endorsement mentioned in column 1 of that item.

Regulation 61.870 - Limitations on exercise of privileges of instrument ratings--recent experience: general

Subregulation 61.870(1) provides that regulation 61.870 applies to the holder of an instrument rating if the holder has not successfully completed an operator proficiency check that covers IFR operations within the previous 3 month or the holder is not successfully participating in an operator's approved cyclic training and proficiency program that covers IFR operations.

Subregulation 61.870(2) provides that the holder of an instrument rating is authorised to pilot an aircraft under the IFR only if the holder has conducted at least 3 instrument approaches within the previous 90 days in an aircraft or an approved simulation training device for the purpose.

Subregulation 61.870(3) provides that the holder of an instrument rating is authorised to pilot an aircraft of a particular category under the IFR only if the holder has conducted at least 1 instrument approach within the previous 90 days in an aircraft of the same category or an approved flight simulation training device for the purpose.

Subregulation 61.870(4) provides that the holder of an instrument rating is authorised to conduct an approach using a 2D instrument approach procedure only if the holder has conducted an approach using a 2D instrument approach procedure within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.

Subregulation 61.870(5) provides that the holder of an instrument rating is authorised to conduct an approach using a 3D instrument approach procedure only if the holder has conducted an approach using a 3D instrument approach procedure within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.

Subregulation 61.870(6) provides that the holder of an instrument rating is authorised to conduct an instrument approach using an azimuth guidance procedure only if the holder has conducted an instrument approach using an azimuth guidance procedure within the previous 90 days in an aircraft or an approved simulation training device for the purpose.

Subregulation 61.870(7) provides that the holder of an instrument rating is authorised to conduct an instrument approach using a course deviation indicator procedure only if the holder has conducted an instrument approach using a course deviation indicator procedure within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.

Regulation 61.875 - Limitations on exercise of privileges of instrument ratings--recent experience: single pilot

Subregulation 61.875(1) provides that the holder of an instrument rating is authorised to pilot an aircraft under the IFR in a single-pilot operation only if the holder has conducted a flight or a simulated flight under the IFR in a single-pilot operation within the previous 6 months.

Subregulation 61.875(2) provides for subregulation 61.875(1) that it is a requirement that the flight or simulated flight be at least one hour in duration and include at least one instrument approach or simulated instrument approach.

Regulation 61.880 - Limitations on exercise of privileges of instrument ratings--instrument proficiency check

Subregulation 61.880(1) provides that the holder of an instrument rating is authorised to exercise the privileges of the rating in an aircraft of a particular category only if the holder has a valid instrument proficiency check for the aircraft category.

Subregulation 61.880(2) provides that the holder of an instrument rating is authorised to exercise the privileges of the rating in a multi-engine aeroplane only if the holder has a valid instrument proficiency check for multi-engine aeroplanes and that the holder is authorised to exercise the privileges of the rating in a multi-engine helicopter only if the holder has a valid instrument proficiency check for multi-engine helicopters.

Subregulation 61.880(3) provides that for subregulations 61.880(1) and (2), the holder is taken to have a valid instrument proficiency check for the relevant aircraft during the periods set out in subregulation 61.880(3).

Subregulation 61.880(4) provides that the if at any time the holder attempts, but does not successfully complete, an instrument proficiency check for the relevant aircraft, the holder is no longer taken to have a valid instrument proficiency check for the relevant aircraft.

Subregulation 61.880(5) provides that for paragraphs 61.880(3)(e) and (f) the holder successfully completes an instrument proficiency check for the relevant aircraft if they meet the requirements set out in subregulation 61.880(5).

Subregulation 61.880(6) provides that for paragraphs 61.880(3)(e) and (f) the instrument proficiency check must be conducted in a relevant aircraft or an approved simulation training device for the proficiency check.

Subregulation 61.880(7) provides that for paragraph 61.880(5)(b) the person is the holder of an approval under regulation 61.040 to conduct the proficiency check.

Subregulation 61.880(8) provides that for subparagraphs 61.880(5)(a)(iii) and (b)(iii) the matters are the date on which the instrument proficiency check is conducted and the aircraft to which the instrument proficiency check relates.

Subregulation 61.880(9) provides that for the definition of relevant aircraft for an instrument proficiency check in regulation 61.880.

Regulation 61.885 - Requirements for grant of instrument ratings

Subregulation 61.885(1) provides that an applicant for an instrument rating must hold a private pilot licence, commercial pilot licence or air transport pilot licence and meet the requirements for the grant of at least one instrument endorsement mentioned in column 1 of an item in part 1 of table 61.890 and one instrument endorsement mentioned in column 1 of an item in part 2 of table 61.890.

Subregulation 61.885(2) provides that the applicant must also have passed the aeronautical knowledge examination and flight test mentioned in Part 61 Manual of Standards for the instrument rating and the aircraft category rating associated with the applicant's licence, completed flight training for the instrument rating, and met the aeronautical experience requirements mentioned in subregulation 61.885(5).

Subregulation 61.885(3) provides thatfor subregulation 61.885(2)(b) that the flight training must have been conducted in an aircraft of the same category as the aircraft, or the aircraft represented by the flight simulation training device in which the flight test is conducted.

Subregulation 61.885(4) provides that for paragraph 61.885(2)(c) that the flight test must be conducted in an aircraft unless the applicant has previously held an instrument rating, or an overseas rating that CASA is satisfied is equivalent to an instrument rating, or a qualification issued by the Australian Defence Force that CASA is satisfied is equivalent to an instrument rating.

Subregulation 61.885(5) provides thatfor paragraph 61.885(2)(d) the applicant's aeronautical experience includes at least 50 hours of cross-country flight time as pilot in command and at least 40 hours of instrument time in accordance with subparagraphs 61.885(5)(b)(i) and 61.885(5)(b)(ii).

Subregulation 61.885(6) provides that subregulation 61.885(6) applies if any instrument ground time relied upon by an applicant for paragraph 61.885(5)(b) is completed in an approved flight simulator for the purpose and is supervised by a pilot instructor who holds an instrument training endorsement.

Subregulation 61.885(7) provides for subregulation 61.885(5), the cross-country flight time and instrument flight time must have been conducted in an aircraft of the same category as the aircraft, or the aircraft represented by the flight simulation training device in which the flight test is conducted.

Subregulation 61.885(8) provides that, in regulation 61.885, a reference to aeronautical experience does not include experience obtained as part of an integrated training course.

Regulation 61.887 - Removal of instrument rating conditions about acting as pilot in command under IFR

Subregulation 61.887(1) provides that regulation 61.887 applies to the holder of an instrument rating granted on the basis of regulation 202.272 and 202.274 if the rating is subject to the condition that the holder is not authorised to act as pilot in command under the IFR

Subregulation 61.887(2) provides that CASA must remove the condition, to the extent that it relates to a particular aircraft category or class, if the holder applies to CASA for the removal of the condition, and the holder meets the requirements under Part 61 for the grant of an instrument rating, and an instrument endorsement that would authorise the holder to pilot an aircraft of that category or class under the IFR.

Division 61.M.2 - Privileges and requirements for grant of instrument endorsements

Division 61.M.2 inserts complete new regulations 61.890 to 61.905 and provides the privileges of, and the requirements for, the grant of instrument endorsements.

Regulation 61.890 provides the kinds of instrument endorsements, as set out in column 1 of table 61.890.

Regulation 61.895 provides that subject to Subpart 61.E, Division 61.M.1 and regulation 61.900, the holder of an instrument endorsement mentioned in column 1 of an item in table 61.890 is authorised to conduct the activity mentioned in column 2 of the item.

Regulation 61.900 provides that the holder of an instrument endorsement in column 1 of an item in Part 2 of table 61.890 is authorised to conduct an instrument approach in IMC using a navigation system of a particular kind only if the holder has previously conducted an instrument approach or a simulated instrument approach in a flight simulation training device using a navigation system of that kind.

Regulation 61.905 - Requirements for grant of instrument endorsements

Subregulation 61.905(1) provides that an applicant for an instrument endorsement mentioned in column 1 of an item in table 61.890 must hold an instrument rating and the rating or endorsement (if any) mentioned in column 3 of the item.

Subregulation 61.905(2) provides that the applicant must also have completed flight training for the endorsement, and met the aeronautical experience requirements (if any) mentioned in column 3 of the item, and passed the flight test mentioned in the Part 61 Manual of Standards for the endorsement.

Subpart 61.N - Private instrument ratings

This Subpart inserts a complete new Subpart 61.N inclusive of regulations 61.910 to 61.950. This Subpart provides for the privileges and requirements for the grant of private instrument ratings and endorsements.

Division 61.N.1 - Privileges and requirements for grant of private instrument ratings

Division 61.N.1 inserts complete new regulations 61.910 to 61.930 and provides the privileges of, and the requirements for, the grant of private instrument ratings.

Regulation 61.910 provides that subject to Subpart 61.E and regulations 61.915 to 61.925, the holder of a private instrument rating is authorised to pilot an aircraft certificated for single-pilot operation under the IFR in a private operation.

Regulation 61.915 - Limitations on exercise of privileges of private instrument ratings--endorsements

Subregulation 61.915(1) provides for the holder of a private instrument rating is authorised to pilot an aircraft mentioned in column 2 of an item in part 1 of table 61.935 under the IFR only if the holder also holds an endorsement mentioned in column 1 of the item.

Subregulation 61.915(2) provides that the holder of a private instrument rating is authorised to conduct an activity mentioned in column 2 of an item in Part 2, 3, 4 or 5 of table 61.935 only if the holder also holds an endorsement mentioned in column 1 of the item.

Subregulation 61.915(3) provides that the holder of a private instrument rating is authorised to pilot an aircraft at night under the IFR only if the holder also holds a night private instrument endorsement.

Regulation 61.920 - Limitations on exercise of privileges of private instrument ratings--recent experience

Subregulation 61.920(1) provides that the holder of a private instrument rating is authorised to conduct an instrument approach as pilot in command of an aircraft in IMC, only if the holder has conducted an instrument approach of the same kind within the previous 6 months and in an aircraft of the same category or an approved flight simulation training device for the purpose.

Subregulation 61.920(2) provides that the holder is taken to meet subregulation 61.920(1) if the holder has successfully completed an operator proficiency check for IFR operations within the previous 6 months, or the holder is successfully participating in an operator's approved cyclic training and proficiency program that covers IFR operations.

Regulation 61.925 - Limitations on exercise of privileges of private instrument ratings--flight review

Subregulation 61.925(1) provides that the holder of a private instrument rating is authorised to pilot an aircraft of a particular category, other than a multi-engine aeroplane or multi-engine helicopter, under the IFR only if the holder meets the requirements in subregulation 61.925(1).

Subregulation 61.925(2) provides that the holder of a private instrument rating is authorised to pilot a multi-engine aeroplane under the IFR only if the holder meets the requirements in subregulation 61.925(2).

Subregulation 61.925(3) provides that the holder of a private instrument rating is authorised to pilot a multi-engine helicopter under the IFR only if the holder meets the requirements in subregulation 61.925(3).

Regulation 61.930 - Requirements for grant of private instrument ratings

Subregulation 61.930(1) provides that an applicant for a private instrument rating must hold a private pilot licence, commercial pilot licence and meet the requirements for the grant of at least one endorsement mentioned in column 1 of an item in Part 2 of table 61.935.

Subregulation 61.930(2) provides that the applicant must also have met the requirements in paragraphs 61.930(2)(a), (b), (c) and (d).

Subregulation 61.930(3) provides that the aeronautical experience required by paragraph 61.930(2)(d) must have been completed while receiving instrument training conducted by a flight instructor who holds an instrument rating training endorsement, or while receiving training for a private pilot licence, commercial pilot licence or air transport pilot licence or a night VFR rating or as a member of the Australian Defence Force.

Subregulation 61.930(4) provides that the holder of an instrument rating is taken to meet the requirements for the grant of a private instrument rating.

Division 61.N.2 - Privileges and requirements for grant of private instrument endorsements

Division 61.N.2 inserts complete new regulations 61.935 to 61.950 and provides the privileges of, and the requirements for, the grant of private instrument endorsements.

Regulation 61.935 provides that the kinds of private instrument endorsements available are set out in column 1 of table 61.935.

Regulation 61.940 - Privileges of private instrument endorsements

Subregulation 61.940(1) provides that, subject to Subpart 61.E, Division 61.N.1 and regulation 61.945, the holder of an endorsement mentioned in column 1 of an item in table 61.935 is authorised to conduct the activity mentioned in column 2 of the item.

Subregulation 61.940(2) provides that, for each endorsement mentioned in column 1 of an item in Part 3 of table 61.935, the privileges include conducting, under the IFR, a climb to the published lowest safe altitude for the first route segment of the flight.

Subregulation 61.940(3) provides that in regulation 61.940 published lowest safe altitude has the meaning given by subregulation 178(7) of CAR.

Regulation 61.945 - Limitations on exercise of privileges of private instrument endorsements

Subregulation 61.945(1) provides that the holder of a an endorsement mentioned in column 1of an item in Part 2 of table 61.935 is authorised to conduct an instrument approach in IMC using a navigation system of a particular kind only if the holder has previously conducted an instrument approach in an aircraft, or a simulated instrument approach in a flight simulation training device, using a navigation system of that kind.

Subregulation 61.945(2) provides that the holder of an endorsement mentioned in column 1 of an item in Part 4 of table 61.935 is authorised to conduct an instrument approach and landing under the IFR in a multi-engine aeroplane only if the holder also holds an approach and landing - multi-engine aeroplane private instrument endorsement.

Subregulation 61.945(3) provides that the holder of an endorsement mentioned in column 1 of an item in Part 4 of table 61.935 is authorised to conduct an instrument approach and landing under the IFR in a multi-engine helicopter only if the holder also holds an approach and landing - multi-engine helicopter private instrument endorsement.

Regulation 61.950 - Requirements for grant of private instrument endorsements

Subregulation 61.950(1) provides that an applicant for an endorsement mentioned in column 1 of an item in table 61.935 must hold a private instrument rating and each rating or endorsement (if any) mentioned in column 3 of the item.

Subregulation 61.950(2) provides that an applicant must also have completed flight training for the endorsement, and met any aeronautical experience requirements (if any) mentioned in column 3 of the item, and passed the flight test mentioned in the Part 61 Manual of Standards for the endorsement.

Subregulation 61.950(3) provides that a person who holds a private instrument rating and an instrument endorsement is taken to meet the requirements for the grant of the private instrument endorsement (if any) that is equivalent to the instrument endorsement.

Subpart 61.O Night VFR ratings

Subpart 61.O inserts complete new regulations 61.955 to 61.990 and provides the privileges of, and the requirements for, the grant of night VFR ratings.

Division 61.O.1 - Privileges and requirements for grant of night VFR ratings

Division 61.O.1 inserts complete new regulations 61.955 to 61.975 and provides the privileges of, and the requirements for, the grant of night VFR ratings.

Regulation 61.955 provides that subject to Subpart 61.E and regulations 61.960 to 61.970, the holder of a pilot licence and a night VFR rating is authorised to pilot an aircraft at night under the VFR other than in an operation using a night vision imaging system or a night aerial application operation below 500 ft above ground level.

Regulation 61.960 provides that the holder of a night VFR rating is authorised to conduct an activity mentioned in column 2 of an item in table 61.980 only if the holder also holds an endorsement mentioned in column 1 of the item.

Regulation 61.965 provides that the holder of a night VFR rating is authorised to exercise the privileges of the rating in an aircraft of a particular category only if the holder has within the previous 6 months conducted at least 1 night take-off and 1 night landing in an aircraft of that category while controlling the aircraft, or being assessed as being competent to conduct a flight at night in an aircraft of that category by a flight instructor who holds a night VFR training endorsement.

Regulation 61.970 - Limitations on exercise of privileges of night VFR ratings--flight review

Subregulation 61.970(1) provides that the holder of a night VFR rating is authorised to pilot an aircraft of a particular category, other than a multi-engine aeroplane or multi-engine helicopter, at night under the VFR only if the holder meets the requirements in subregulation 61.970(1).

Subregulation 61.970(2) provides that the holder of a night VFR rating is authorised to pilot a multi-engine aeroplane at night under the VFR only if the holder meets the requirements in subregulation 61.970(2).

Subregulation 61.970(3) provides that the holder of a night VFR rating is authorised to pilot a multi-engine helicopter at night under the VFR only if the holder meets the requirements in subregulation 61.970(3).

Regulation 61.975 - Requirements for grant of night VFR ratings

Subregulation 61.975(1) provides that an applicant for a night VFR rating must hold a private pilot licence, commercial pilot licence or air transport pilot licence and meet the requirements for the grant of at least one endorsement mentioned in column 1 of an item in table 61.980.

Subregulation 61.975(2) provides that the applicant must also have, as a pilot, at least 10 hours of aeronautical experience at night in an aircraft or an approved flight simulation training device for the purpose, including at least 5 hours of dual cross-country flight time at night under the VFR in an aircraft, and passed the flight test mentioned in the Part 61 Manual of Standards for the night VFR rating.

Subregulation 61.975(3) provides for paragraph 61.975(2)(a), the dual cross-country flight time must comprise of at least 2 flights, each of which must include at least one landing at an aerodrome, other than the aerodrome from which the flight originated, that is remote from extensive ground lighting.

Division 61.O.2 - Privileges and requirements for grant of night VFR endorsements

Division 61.O.2 inserts complete new regulations 61.980 to 61.990 and provides the privileges of, and the requirements for, the grant of night VFR endorsements.

Regulation 61.980 provides that the kinds of night VFR endorsement available are set out in column 1 of table 61.980.

Regulation 61.985 provides that subject to Subpart 61.E and Division 61.O.1, the holder of a night VFR endorsement mentioned in column 1 of an item in table 61.980 is authorised to conduct the activity mentioned in column 2 of the item.

Regulation 61.990 - Requirements for grant of night VFR endorsements

Subregulation 61.990(1) provides that an applicant for an endorsement mentioned in
column 1 of an item in table 61.980 must hold a night VFR rating.

Subregulation 61.990(2) provides that the applicant must also have completed flight training for the endorsement and met any aeronautical experience requirements mentioned in
column 3 of the item, and passed the flight test mentioned in the Part 61 Manual of Standards for the endorsement.

Subpart 61.P - Night vision imaging system ratings

This Subpart inserts a complete new Subpart 61.P inclusive of regulations 61.995 to 61.1035. This Subpart provides for the privileges and requirements for the grant of night vision imaging system ratings and endorsements.

Division 61.P.1 - Privileges and requirements for grant of night vision imaging system ratings

Division 61.P.1 inserts complete new regulations 61.995 to 61.1020 and provides the privileges of, and the requirements for, the grant of night vision imaging system ratings.

Regulation 61.995 provides, subject to Subpart 61.E and regulations 61.1000 to 61.1015, that the holder of a pilot licence and a night vision imaging system rating is authorised to pilot a helicopter using night vision goggles.

Regulation 61.1000 - Limitations on exercise of privileges of night vision imaging system ratings--general

Subregulation 61.1000(1) provides that the holder of a night vision imaging system rating is authorised to pilot a helicopter using night vision goggles only if the holder has completed an operator proficiency check that covers operations at night using night vision goggles in a helicopter of the same type.

Subregulation 61.1000(2) provide that the holder of a night vision imaging system rating is authorised to pilot a helicopter using night vision goggles only if the helicopter is equipped for operations using night vision goggles.

Regulation 61.1005 provides for the holder of a night vision imaging system rating is authorised to conduct an activity mentioned in column 2 of an item in table 61.1025 only if the holder also holds the endorsement mentioned in column 1 of the item.

Regulation 61.1010 provides that the holder of a night vision imaging system rating is authorised to pilot a helicopter using night vision goggles only if the holder meets the requirements set out in regulation 61.1010.

Regulation 61.1015 - Limitations on exercise of privileges of night vision imaging system ratings--night vision imaging system proficiency check

Subregulation 61.1015(1) provides that the holder of a night vision imaging system rating be authorised to exercise the privileges of the rating only if the holder has a valid night vision imaging system proficiency check.

Subregulation 61.1015(2) provides that, for subregulation 61.1015(1), the holder is taken to have a valid night vision imaging system proficiency check during the periods set out in subregulation 61.1015(2).

Subregulation 61.1015(3) provides that if at any time the holder attempts, but does not successfully complete a night vision imaging system proficiency check, the holder is no longer taken to have a valid night vision imaging system proficiency check.

Subregulation 61.1015(4) provides that for paragraphs 61.1015(2)(e) and (f), the holder successfully completes a night vision imaging system proficiency check if they meet the requirements set out in subregulation 61.1015(4).

Subregulation 61.1015(5) provides that, for paragraph 61.1015(4)(b), the persons are fromCASA, a flight examiner or the holder of an approval under regulation 61.040 to conduct the proficiency check.

Regulation 61.1020 provides that an applicant for a night vision imaging system rating must hold a commercial pilot licence or air transport pilot licence and satisfy the requirements for the grant of at least one night vision imaging system endorsement.

Division 61.P.2 - Privileges and requirements for grant of night vision imaging system endorsements

Division 61.P.2 inserts complete new regulations 61.1025 to 61.1035 and provides the privileges of, and the requirements for, the grant of night vision imaging system endorsements.

Regulation 61.1025 provides that the kinds of night vision imaging system endorsements available are those set out in column 1 of table 61.1025.

Regulation 61.1030 provides, subject to Subpart 61.E and Division 61.P.1, the holder of an endorsement mentioned in column 1 of an item in table 61.1025 is authorised to conduct the activity mentioned in column 2 of the item.

Regulation 61.1035 - Requirements for grant of night vision imaging system endorsements

Subregulation 61.1035(1) provides that an applicant for an endorsement mentioned in column 1 of an item in table 61.1025 must hold a night vision imaging system rating and each rating or endorsement mentioned in column 3 of the item.

Subregulation 61.1035(2) provides that the applicant must also meet the requirements set out in subregulation 61.1035(2).

Subregulation 61.1035(3) provides that for paragraph 61.1035(2)(a), the flight training must be conducted by a Part 141 or 142 operator.

Subregulation 61.1035(4) provides that for paragraph 61.1035(2)(d) the applicant must hold and complete the requirements set out in subregulation 61.1035(4).

Subpart 61.Q - Low-level ratings

This Subpart inserts a complete new Subpart 61.Q inclusive of regulations 61.1040 to 61.1085. This Subpart provides for privileges and requirements for the grant of low-level ratings and endorsements.

Division 61.Q.1 - Privileges and requirements for grant of low-level ratings

Division 61.Q.1 inserts complete new regulations 61.1040 to 61.1070 and provides the privileges of, and the requirements for, the grant of low-level ratings.

Regulation 61.1040 provides that, subject to Subpart 61.E and regulations 61.1045 to 61.1060, the holder of a pilot licence with a low-level rating is authorised to conduct low-level operations.

Regulation 61.1045 provides for the holder of a low-level rating is authorised to conduct a low-level operation in an area only if, before conducting the operation, the holder conducts a risk assessment of the area.

Regulation 61.1050 provides for the holder of a low-level rating is authorised to conduct an activity mentioned in column 2 of an item in table 61.1075 in the exercise of the privileges of the rating only if the holder also holds the endorsement mentioned in column 1 of the item.

Regulation 61.1055 - Limitations on exercise of privileges of low-level ratings--recent experience

Subregulation 61.1055(1) provides that the holder of a low-level rating is authorised to exercise the privileges of the rating only if the holder has within the previous 6 months completed at least 10 hours of low-level operations as pilot in command or been assessed as competent to conduct low-level operations by a flight instructor who holds a low-level training endorsement.

Subregulation 61.1055(2) provides that the holder is taken to meet subregulation 61.1055(1) if the holder has successfully completed an operator proficiency check in low-level operations within the previous 6 months or has successfully completed a flight review for the rating within the previous 6 months.

Regulation 61.1060 - Limitations on exercise of privileges of low-level ratings--flight review

Subregulation 61.1060(1) provides that the holder of a low-level rating is authorised to exercise the privileges of the rating only if the holder has, within the previous 12 months, successfully completed a flight review for the rating.

Subregulation 61.1060(2) provides that the holder is taken to meet subregulation 61.1060(1) if the holder meets the requirements set out in subregulation 61.1060(2).

Regulation 61.1070 - Requirements for grant of low-level ratings

Subregulation 61.1070(1) provides that an applicant for a low-level rating must hold a private pilot licence, commercial pilot licence or air transport pilot licence, satisfy the requirements for the grant of at least one endorsement mentioned in part 1 of table 61.1075 and have passed the flight test mentioned in the Part 61 Manual of Standards for the low-level rating.

Subregulation 61.1070(2) provides that, despite paragraph 61.245(1)(a), the flight test must be conducted in an aircraft.

Subregulation 61.1070(3) provides that the holder of an aerial application rating is taken to meet the requirements for the grant of and to have applied for a low-level rating.

Division 61.Q.2 - Privileges and requirements for grant of low-level endorsements

Division 61.Q.2 inserts complete new regulations 61.1075 to 61.1085 and provides the privileges of, and the requirements for grant of low-level endorsements.

Regulation 61.1075 provides the kinds of low-level endorsements available, as set out in column 1 of table 61.1075.

Regulation 61.1080 provides, subject to Subpart 61.E and Division 61.Q.1, that the holder of an endorsement mentioned in column 1 of an item in table 61.1075 is authorised to conduct the activity mentioned in column 2 of the item.

Regulation 61.1085 - Requirements for grant of low-level endorsements

Subregulation 61.1085(1) provides that an applicant for an endorsement mentioned in column 1 of an item of table 61.1075 must hold a low-level rating and each licence, rating or endorsement (if any) mentioned in column 3 of the item.

Subregulation 61.1085(2) provides that the applicant must also have completed flight training for the endorsement and met the aeronautical experience requirements (if any) mentioned in column 3 of the item and also passed the flight test mentioned in the Part 61 Manual of Standards for the endorsement.

Subregulation 61.1085(3) provides that for paragraph 61.1085(2)(b), any aeronautical experience relied on for the grant of an endorsement mentioned in column 1 of an item in part 1 of table 61.1075 cannot be counted towards the requirements for the grant of an endorsement mentioned in column 1 of an item in part 2 of that table.

Subregulation 61.1085(4) provides that a person who holds a low-level rating and an aerial application endorsement for an aircraft category is taken to meet the requirements for the grant of the endorsement mentioned in column 1 of an item in part 1 of table 61.1075 for that aircraft category.

Subpart 61.R Aerial application ratings

This Subpart inserts a complete new Subpart 61.R inclusive of regulations 61.1090 to 61.1140. This Subpart provides for the privileges and requirements for the grant of aerial application ratings and endorsements.

Division 61.R.1 Privileges and requirements for grant of aerial application ratings

Division 61.R.1 inserts complete new regulations 61.1090 to 61.1115 and provides the privileges of, and the requirements for, the grant of low-level aerial application ratings.

Regulation 61.1090 provides, subject to Subpart 61.E and regulations 61.1100 to 61.1110, that the holder of a pilot licence with an aerial application rating is authorised to conduct aerial application operations below 500 ft above ground level.

Regulation 61.1100 provides that the holder of an aerial application rating is authorised to conduct an activity mentioned in column 2 of an item in table 61.1120 in the exercise of the privileges of the rating, only if the holder also holds the endorsement mentioned in column 1 of the item.

Regulation 61.1105 - Limitations on exercise of privileges of aerial application ratings--recent experience

Subregulation 61.1105(1) provides that the holder of an aerial application rating is authorised to exercise the privileges of the rating only if the holder has, within the previous 12 months, completed at least 50 hours of aerial application operations below 500 ft above ground level.

Subregulation 61.1105(2) provides that the holder is taken to meet subregulation 61.1105(1) if the holder has successfully completed an operator proficiency check in aerial application operations below 500 ft above ground level within the 12 months before the month in which the exercise of the privileges occurs or has successfully completed an aerial application proficiency check within the previous 12 months.

Regulation 61.1110 - Limitations on exercise of privileges of aerial application ratings--aerial application proficiency check

Subregulation 61.1110(1) provides that the holder of an aerial application rating is authorised to exercise the privileges of the rating only if the holder has a valid aerial application proficiency check.

Subregulation 61.1110(2) provides that, for subregulation 61.1110(1), the holder is taken to have a valid aerial application proficiency check during the periods set out in subregulation 61.1110(2).

Subregulation 61.1110(3) provides that if at any time the holder attempts, but does not successfully complete an aerial application proficiency check, the holder is no longer taken to have a valid aerial application proficiency check.

Subregulation 61.1110(4) provides that for paragraphs 61.1110(2)(d) and (e), the holder successfully completes an aerial application proficiency check if the check meets the requirements set out in subregulation 61.1110(4).

Subregulation 61.1110(5) provides that, for paragraph 61.1110(4)(b), the persons are CASA, a flight examiner, or the holder of an approval under regulation 61.040 to conduct the proficiency check.

Regulation 61.1115 - Requirements for grant of aerial application ratings

Subregulation 61.1115(1) provides that an applicant for an aerial application rating must hold a commercial pilot licence or air transport pilot licence, satisfy the requirements for the grant of at least one endorsement mentioned in Part 1 or 2 of table 61.1120 and have passed the flight test mentioned in the Part 61 Manual of Standards for the aerial application rating.

Subregulation 61.11015(2) provides that, despite paragraph 61.245(1)(a), the flight test must be conducted in an aircraft.

Division 61.R.2 - Privileges and requirements for grant of aerial application endorsements

Division 61.R.2 insert complete new regulations 61.1120 to 61.1140 and provides the privileges of, and the requirements for, the grant of aerial application endorsements.

Regulation 61.1120 provides the kinds of aerial application endorsements available, as set out in column 1 of table 61.1120.

Regulation 61.1125 provides, subject to Subpart 61.E, Division 61.R.1 and regulations 61.1130 and 61.1135, that the holder of an endorsement mentioned in column 1 of an item in table 61.1120 is authorised to conduct each activity mentioned in column 2 of the item.

Regulation 61.1130 - Limitations on exercise of privileges of aerial application endorsements--supervision

Subregulation 61.1130(1) provides that the holder of an aerial application endorsement in column 1 of an item in Part 1 or 3 of table 61.1120 is authorised to exercise the privileges of the endorsement in an operation only if the holder meets the requirements as set out in subregulation 61.1130(1).

Subregulation 61.1130(2) provides that for paragraph 61.1130(1)(b) the supervision must be direct supervision for the first 10 hours and direct or indirect supervision for the next 100 hours.

Subregulation 61.1130(3) provides the definitions for direct and indirect supervision for regulation 61.1130.

Regulation 61.1135 - Limitations on exercise of privileges of night aerial application endorsements

Subregulation 61.1135(1) provides that the holder of a night aerial application endorsement is authorised to exercise the privileges of the endorsement only if the holder has, within the previous 12 months completed 10 hours of night aerial application operations below 500 ft above ground level or been assessed as competent to conduct night aerial application operations by a flight instructor who holds an aerial application training endorsement.

Subregulation 61.1135(2) provides that the holder of a night aerial application endorsement is authorised to begin a night aerial application operation below 500 ft above ground level later than 20 minutes before night only if the holder has, within the previous 45 days, met the requirements set out in subregulation 61.1135(2).

Regulation 61.1140 - Requirements for grant of aerial application endorsements

Subregulation 61.1140(1) provides that an applicant for an aerial application endorsement mentioned in column 1of an item of table 61.1120 must hold an aerial application rating and the rating or endorsement mentioned in column 3 of the item.

Subregulation 61.1140(2) provides that the applicant must also meet the requirements set out in subregulation 61.1140(2).

Subpart 61.S - Flight activity endorsements

This Subpart inserts a complete new Subpart 61.S inclusive of regulations 61.1145 to 61.1160. This Subpart provides for flight activity endorsements.

Regulation 61.1145 provides the kinds of flight activity endorsement available, as set out in column 1 of table 61.1145.

Regulation 61.1150 provides, subject to Subpart 61.E and regulation 61.1155, the holder of an endorsement mentioned in column 1 of an item in table 61.1145 is authorised to conduct the activity mentioned in column 2 of the item.

Regulation 61.1155 - Limitations on exercise of privileges of flight activity endorsements--medical certificates

Subregulation 61.1155(1) provides that regulation 61.1155 applies to the holder of any of the endorsements set out in subregulation 61.1155(1).

Subregulation 61.1155(2) provides that the holder is authorised to conduct an aerobatic or spinning manoeuvre only if the holder holds a current class 1 or 2 medical certificate or is accompanied by another pilot who holds a current class 1 or 2 medical certificate, occupies a flight control seat in an aircraft and is authorised, under Part 61, to conduct the maneouvre.

Regulation 61.1160 provides for that an applicant for an endorsement mentioned in column 1 of an item in table 61.1145 must hold each rating or endorsement (if any) mentioned in column 3 of the item, and has completed flight training for the endorsement.

Subpart 61.T - Pilot instructor ratings

This Subpart inserts a complete new Subpart 61.T inclusive of regulations 61.1165 to 61.1250. This Subpart provides for privileges and requirements for the grant of flight instructor ratings, simulator instructor ratings, obligations of pilot instructors and the privileges and requirements for the grant of training endorsements.

Division 61.T.1 - Privileges and requirements for grant of flight instructor ratings

Division 61.T.1 inserts complete new regulations 61.1165 to 61.1185 and provides the privileges and requirements for the grant of flight instructor ratings.

Regulation 61.1165 provides, subject to Subpart 61.E and regulations 61.1170 to 61.1180, that a flight instructor is authorised to carry out the privileges as set out in regulation 61.1165.

Regulation 61.1170 - Limitations on exercise of privileges of flight instructor ratings--general

Subregulation 61.1170(1) provides that a flight instructor is authorised to exercise the privileges of the rating in an aircraft of a particular category only if the holder has completed the aeronautical experience and passed the flight test required under regulation 61.1185 for the grant of the rating in an aircraft of that category.

Subregulation 61.1170(2) provides that a flight instructor is authorised to exercise the privileges of the rating in a flight simulation training device that represents an aircraft of a particular category only if the holder has completed the aeronautical experience and passed the flight test required under regulation 61.1185 for the grant of the rating in an aircraft of that category.

Subregulation 61.1170(3) provides that a flight instructor is authorised to conduct flight training for a pilot licence, a rating on a pilot licence or an endorsement on an operational rating if the instructor is engaged to conduct the flight training by a Part 141 or 142 operator that is authorised to conduct flight training for the licence or rating or endorsement.

Subregulation 61.1170(4) provides that a flight instructor is authorised to conduct flight training for the issue of an endorsement mentioned in column 1 of an item in Part 2 or 3 of table 61.1235, only if the instructor has conducted at least 50 hours of flight training in the activity covered by the endorsement.

Subregulation 61.1170(5) provides that a flight instructor is authorised to conduct flight training in an aircraft only if the instructor holds a medical certificate.

Regulation 61.1175 - Limitations on exercise of privileges of flight instructor ratings--endorsements

Subregulation 61.1175(1) provides that a flight instructor is authorised to conduct flight training mentioned in column 2 of an item in table 61.1235 only if the instructor also holds the endorsement mentioned in column 1 of the item.

Subregulation 61.1175(2) provides that a flight instructor is authorised to conduct differences training for a variant of an aircraft type only if the instructor also holds the type rating training endorsement for the aircraft type.

Subregulation 61.1175(3) provides that a flight instructor is authorised to conduct training to satisfy the general competency requirement in regulation 61.385 only if the instructor also holds the endorsements set out in subregulation 61.1175(3).

Subregulation 61.1175(4) provides that a flight instructor is authorised to grant an endorsement only if the instructor also holds a training endorsement required to provide flight training for the endorsement.

Subregulation 61.1175(5) provides that a flight instructor is authorised to approve the holder of a student pilot licence to conduct a solo flight in an aircraft of a particular category only if the instructor also holds the qualifications set out in subregulation 61.1175(5).

Subregulation 61.1175(6) provides that a flight instructor is authorised to conduct a flight review for a rating on a pilot licence only if the instructor also holds a grade 1 or 2 training endorsement or the training endorsement required to conduct flight training for the rating.

Subregulation 61.1175(7) provides that a flight instructor is authorised to make an assessment of a knowledge deficiency report for an applicant for a flight crew licence only if the instructor also holds a grade 2 training endorsement.

Regulation 61.1180 - Limitations on exercise of privileges of flight instructor ratings--instructor proficiency check

Subregulation 61.1180(1) provides that the holder of a flight instructor rating is authorised to exercise the privileges of the rating only if the holder has a valid instructor proficiency check.

Subregulation 61.1180(2) provides that, for subregulation 61.1180(1), the holder is taken to have a valid instructor proficiency check during the periods set out in subregulation 61.1180(2).

Subregulation 61.1180(3) provides that, if at any time the holder attempts, but does not successfully complete an instructor proficiency check, the holder is no longer taken to have a valid instructor proficiency check.

Subregulation 61.1180(4) provides that, for paragraphs 61.1180(2)(e) and (f), the holder successfully completes an instructor proficiency check if they meet the requirements set out in subregulation 61.1180(4).

Subregulation 61.1180(5) provides that, for paragraph 61.1180(4)(b), the persons are CASA, a flight examiner or the holder of an approval under regulation 61.040 to conduct the proficiency check.

Regulation 61.1185 Requirements for grant of flight instructor ratings

Subregulation 61.1185(1) provides that an applicant for a flight instructor rating must hold a private pilot licence, commercial pilot licence or air transport pilot licence and satisfy the requirements for the grant of at least 1 training endorsement.

Subregulation 61.1185(2) provides the applicant must also meet the requirements set out in subregulation 61.1185(2).

Subregulation 61.1185(3) provides that the applicant is taken to meet the requirements mentioned in paragraphs 61.1185(2)(b), (c) and (d) if the applicant holds the qualifications set out in subregulation 61.1185(3).

Subregulation 61.1185(4) provides that the applicant must also have completed an approved training course in principles and methods of instructions or hold a certificate IV in Training and Assessment or hold a tertial qualification in teaching.

Subregulation 61.1185(5) provides that an applicant to whom subregulation 61.1185(3) does not apply must meet the aeronautical experience requirements mentioned in paragraph
61.1185(2)(d) before starting the flight training mentioned in paragraph 61.1185(2)(b).

Division 61.T.2 - Privileges and requirements for grant of simulator instructor ratings

Division 61.T.2 inserts complete new regulations 61.1190 to 61.1210 and provides the requirements for the grant of simulator instructor ratings.

Regulation 61.1190 provides, subject to Subpart 61.E and regulations 61.1195 to 61.1205, the privileges a simulator instructor is authorised to conduct the items set out in regulation 61.1190.

Regulation 61.1195 - Limitations on exercise of privileges of simulator instructor ratings--general

Subregulation 61.1195(1) provides that a simulator instructor is authorised to exercise the privileges of the rating in a flight simulation training device that represents an aircraft of a particular category only if the instructor has passed the flight test required under regulation 61.1210 for the rating in a flight simulation training device that represents an aircraft of that category.

Subregulation 61.1195(2) provides that a simulator instructor is authorised to conduct flight training for a pilot licence, or a rating on a pilot licence, or an endorsement on an operational rating only if the instructor is engaged by a Part 141 or 142 operator that is authorised to conduct the flight training.

Subregulation 61.1195(3) provides that a simulator instructor is authorised to conduct flight training for the grant of an endorsement mentioned in column 1 of an item in part 2 or 3 of table 61.1235, only if the instructor has conducted at least 50 hours of flight training in the activity covered by the endorsement.

Regulation 61.1200 - Limitations on exercise of privileges of simulator instructor ratings--endorsements

Subregulation 61.1200(1) provides that a simulator instructor is authorised to conduct flight training mentioned in column 2 of an item in table 61.1235 only if the instructor also holds the endorsement mentioned in column 1 of the item.

Subregulation 61.1200(2) provides that a simulator instructor is authorised to conduct differences training for a variant of an aircraft type only if the instructor also holds the type rating training endorsement for the aircraft type.

Subregulation 61.1200(3) provides that a simulator instructor is authorised to conduct training to satisfy the general competency requirement in regulation 61.385 only if the instructor also holds the type rating training endorsement for the aircraft type or a multi-engine aeroplane training endorsement for a multi-engine aeroplane.

Subregulation 61.1200(4) provides that a simulator instructor is authorised to grant an endorsement only if the instructor also holds the training endorsement required to provide flight training for the endorsement.

Subregulation 61.1200(5) provides that a flight instructor is authorised to conduct a flight review for a rating on a pilot licence only if the instructor also holds a grade 1 or 2 training endorsement or the training endorsement required to provide flight training for the rating.

Subregulation 61.1200(6) provides that a flight instructor is authorised to make an assessment of a knowledge deficiency report for an applicant for a flight crew licence only if the instructor holds a grade 2training endorsement.

Regulation 61.1205 - Limitations on exercise of privileges of simulator instructor ratings--instructor proficiency check

Subregulation 61.1205(1) provides that the holder of a simulator instructor rating is authorised to exercise the privileges of the rating only if the holder has a valid instructor proficiency check.

Subregulation 61.1205(2) provides that, for subregulation 61.1205(1), the holder is taken to have a valid instructor proficiency check during the periods set out in subregulation 61.1205(2).

Subregulation 61.1205(3) provides that at any time the holder attempts, but does not successfully complete an instructor proficiency check, the holder is no longer taken to have a valid instructor proficiency check.

Subregulation 61.1205(4) provides that for paragraphs 61.1205(2)(e) and (f), the holder successfully completes an instructor proficiency check if he or she meets the requirements set out in subregulation 61.1205(4).

Subregulation 61.1205(5) provides that, for paragraph 61.1205(4)(b), the persons are CASA, a flight examiner or the holder of an approval under regulation 61.040 to conduct the proficiency check.

Regulation 61.1210 - Requirements for grant of simulator instructor ratings

Subregulation 61.1210(1) provides that an applicant for a simulator instructor rating must hold a commercial pilot licence or air transport pilot licence and satisfy the requirements for the grant of at least one training endorsement.

Subregulation 61.1210(2) provides that the applicant must also have passed the aeronautical knowledge examination, the flight test mentioned in Part 61 of the Manual of Standards and completed flight training for the simulator instructor rating.

Subregulation 61.1210(3) provides that the applicant must also have completed an approved course of training in principles and methods of instruction, hold a Certificate IV in Training and Assessment or hold a tertiary qualification in teaching.

Subregulation 61.1210(4) provides that, despite paragraph 61.245(1)(a), the flight test must be conducted in an approved flight simulation training device.

Division 61.T.3 - Obligations of pilot instructors

Division 61.T.3 inserts complete new regulations 61.1215 to 61.1230 and provides the obligations of pilot instructors.

Regulation 61.1215 - Obligations of pilot instructors--training

Subregulation 61.1215(1) provides that a pilot instructor commits an offence if the instructor conducts any of the training in subregulation 61.1215(1) in an aircraft and regulation 61.205 prohibits the conduct of the training in the aircraft. The penalty for the offence is established as 50 penalty units.

Subregulation 61.1215(2) provides that an offence against regulation 61.1215 is an offence of strict liability.

Regulation 61.1220 - Obligations of pilot instructors--flight reviews

Subregulation 61.1220(1) provides that a pilot instructor commits an offence if he or she does not meet the requirements set out in subregulation 61.1220(1). The penalty for the offence is established as 50 penalty units.

Subregulation 61.1220(2) provides that, for subparagraph 61.1220(1)(c)(i), the details listed in subregulation 61.1220(2) must be endorsed on the document licence.

Subregulation 61.1220(3) provides that, for subparagraph 61.1220(1)(c)(ii), the notice must state the details set out in subregulation 61.1220(3).

Subregulation 61.1220(4) provides that an offence against regulation 61.1220 is an offence of strict liability.

Regulation 61.1225 - Obligations of pilot instructors--holders of student pilot licences

Subregulation 61.1225(1) provides that a flight instructor commits an offence if the instructor approves the holder of a student pilot licence to pilot an aircraft and the approval is to pilot the aircraft in a way that is not authorised by regulations 61.445 and 61.450. The penalty for the offence is established as 50 penalty units.

Subregulation 61.1225(2) provides that a flight instructor commits an offence if the instructor approves the holder of a student pilot licence to conduct a solo flight and the instructor is not satisfied the holder has been briefed appropriately for the flight and is capable of conducting the flight safely. The penalty for the offence is established as 50 penalty units.

Subregulation 61.1225(3) provides that a flight instructor commits an offence if he or she approves the holder of a student pilot licence to conduct a solo flight of a kind mentioned in subregulation 61.1225(4) for the first time but the instructor is not satisfied that the student pilot meets the requirements of subparagraphs 61.1225(2)(b)(i) and (ii). The penalty for the offence is established as 50 penalty units.

Subregulation 61.1225(4) provides that for subregulation 61.1225(3), the kinds of solo flight are circuit training flight, flight between an aerodrome and the flight training area for the aerodrome, cross-country flight and a night flight.

Subregulation 61.1225(5) provides that an offence against subregulation 61.1225(1) is an offence of strict liability.

Regulation 61.1230 - Obligations of pilot instructors--records of activities conducted independently of Part 141 or 142 operator

Subregulation 61.1230(1) provides that a pilot instructor commits an offence if he or she does not meet the requirements set out in subregulation 61.1230(1). The penalty for the offence is established as 50 penalty units.

Subregulation 61.1230(2) provides that a pilot commits an offence if the instructor does not retain a record made under subregulation 61.1230(1) for at least 7 years after the day the record is made. The penalty for the offence is established as 50 penalty units.

Subregulation 61.1230(3) provides that an offence against regulation 61.1230 is an offence of strict liability.

Division 61.T.4 - Privileges and requirements for grant of training endorsements

Division 61.T.4 inserts complete new regulations 61.1235 to 61.1250 and provides the privileges and requirements for the grant of training endorsements.

Regulation 61.1235 provides the kinds of training endorsement available, as set out in column 1 of table 61.1235.

Regulation 61.1240 provides that, subject to Subpart 61.E, Divisions 61.T.1 and 61.T.2 and regulation 61.1245, the holder of an endorsement mentioned in column 1 of an item in table 61.1235 is authorised to conduct the activities mentioned in column 2 of the item and grant an endorsement mentioned in column 2 of the item that does not require a flight test.

Regulation 61.1245 - Limitations on exercise of privileges of training endorsements

Subregulation 61.1245(1) provides that the holder of an endorsement mentioned in column 1 of an item in table 61.1235 is authorised to conduct an activity mentioned in column 2 of the item in an aircraft, only if the holder is authorised to exercise the privileges of each licence, rating or endorsement mentioned in column 3 of the item in the aircraft.

Subregulation 61.1245(2) provides that the holder of an endorsement mentioned in column 1 of an item in table 61.1235 is authorised to conduct an activity mentioned in column 2 of the item in a flight simulation training device, only if the holder holds each licence, rating or endorsement mentioned in column 3 of the item.

Subregulation 61.1245(3) provides that the holder of a grade 3 training endorsement is authorised to conduct an activity mentioned in column 2 of item 3 in table 61.1235 only if the holder is acting under the supervision of the holder of a grade 1 training endorsement.

Subregulation 61.1245(4) provides that the holder of a grade 3 training endorsement is authorised to pilot an aircraft in the exercise of the privileges of the endorsement only by day under the VFR.

Subregulation 61.1245(5) provides that the holder of a grade 3 training endorsement (helicopter) is authorised to exercise the privileges of the endorsement only if the holder has completed at least 100 hours of navigation training and is authorised to exercise the privileges by the head of operations of the Part 141 or 142 operator on whose behalf the holder conducts the training.

Subregulation 61.1245(6) provides that the holder of a low-level training endorsement is authorised to conduct flight training for a low-level endorsement only if the holder holds the low-level endorsement and has at least 5 hours aeronautical experience conducting the activity authorised by the low-level endorsement.

Regulation 61.1250 - Requirements for grant of training endorsements

Subregulation 61.1250(1) provides that an applicant for an endorsement mentioned in an item in table 61.1235 must hold an instructor rating and each other licence, rating or endorsement (if any) mentioned in column 3 of the item.

Subregulation 61.1250(2) provides that the applicant must also meet the requirements set out in subregulation 61.1250(2).

Subregulation 61.1250(3) provides that, despite paragraph 61.245(1)(a), the flight test (if any) may be conducted in an approved flight simulation training device for the flight test.

Subpart 61.U - Flight examiner ratings

This Subpart inserts a complete new Subpart 61.U inclusive of regulations 61.1255 to 61.1320. This Subpart provides for the privileges and requirements for the grant of flight examiner ratings, obligations of flight examiners and the privileges and requirements for the grant of flight examiner endorsements.

Division 61.U.1 - Privileges and requirements for grant of flight examiner ratings

Division 61.U.1 inserts complete new regulations 61.1255 to 61.1290 and provides the privileges and requirements for flight examiner ratings.

Regulation 61.1255 provides that, subject to Subpart 61.E and regulations 61.1260 to 61.1285, a flight examiner is authorised to carry out the privileges described in regulation 61.1255.

Regulation 61.1260 provides that a flight examiner is authorised to conduct a flight test in an aircraft only if the flight test for the examiner's flight examiner rating was conducted in an aircraft.

Regulation 61.1265 - Limitations on exercise of privileges of flight examiner ratings--endorsements

Subregulation 61.1265(1) provides that a flight examiner is authorised to conduct a flight test, or grant a rating or endorsement, mentioned in column 2 of an item in part 1 of
table 61.1310 only if the examiner also holds the endorsement mentioned in column 1 of the item.

Subregulation 61.1265(2) provides that a flight examiner is authorised to conduct a flight test for a rating or endorsement, or grant a rating or endorsement on a pilot licence, only if the examiner also holds a rating or endorsement of the same kind or holds an approval under regulation 61.040 to conduct the flight test.

Subregulation 61.1265(3) provides that a flight examiner is authorised to conduct an instrument proficiency check only if the examiner also holds an instrument rating flight test endorsement.

Subregulation 61.1265(4) provides that a flight examiner is authorised to conduct a night vision imaging system proficiency check only if the examiner also holds a night vision imaging system rating flight test endorsement.

Subregulation 61.1265(5) provides that a flight examiner is authorised to conduct an aerial application proficiency check only if the examiner also holds an aerial application rating flight test endorsement.

Subregulation 61.1265(6) provides that a flight examiner is authorised to conduct an instructor proficiency check only if the examiner also holds a flight instructor rating flight test endorsement.

Subregulation 61.1265(7) provides that a flight examiner is authorised to conduct an activity mentioned in column 2 of item 12 of table 61.1310 only if the examiner also holds an English language assessment endorsement.

Regulation 61.1270 provides that a flight examiner is authorised to conduct a flight test for a flight crew licence, rating or endorsement only if the examiner has, during the previous 24 months, successfully completed a professional development program conducted by CASA or an approved course of professional development conducted by a holder of an approval under regulation 61.040.

Regulation 61.1275 - Limitations on exercise of privileges of flight examiner ratings--recent experience

Subregulation 61.1275(1) provides that a flight examiner is authorised to conduct a flight test for a pilot licence only if, when the flight test is conducted, the examiner meets the recent experience requirements for the licence.

Subregulation 61.1275(2) provides that a flight examiner is authorised to conduct a flight test for a rating on a pilot licence only if, when the flight test is conducted, the examiner meets the recent experience requirements for the rating.

Subregulation 61.1275(3) provides that a flight examiner is authorised to conduct a flight test for an endorsement on a pilot licence only if, when the flight test is conducted, the examiner meets the recent experience requirements for the rating to which the endorsement relates.

Regulation 61.1280 - Limitations on exercise of privileges of flight examiner ratings--flight reviews and subject matter proficiency checks

Subregulation 61.1280(1) provides that a flight examiner is authorised to conduct a flight test for a pilot licence only if, when the flight test is conducted, the examiner has valid instrument proficiency checks for the aeroplane category under regulations 61.650 and 61.695 for multi-crew pilot licence and air transport licence respectively.

Subregulation 61.1280(2) provides that a flight examiner is authorised to conduct a flight test for a rating on a pilot licence only if, when the flight test is conducted, the examiner meets the requirements set out in subregulation 61.1280(2).

Subregulation 61.1280(3) provides that a flight examiner is authorised to conduct a flight test for an endorsement on a pilot licence only if, when the flight test is conducted, the examiner meets the requirements set out in subregulation 61.1280(3).

Regulation 61.1285 - Limitations on exercise of privileges of flight examiner ratings--examiner proficiency check

Subregulation 61.1285(1) provides that the holder of a flight examiner rating is authorised to exercise the privileges of the rating only if the holder has a valid examiner proficiency check.

Subregulation 61.1285(2) provides that, for subregulation 61.1285(1), the holder is taken to have a valid examiner proficiency check during the periods set out in subregulation 61.1285(2).

Subregulation 61.1285(3) provides that at any time the holder attempts, but does not successfully complete an instructor proficiency check, the holder is no longer taken to have a valid instructor proficiency check.

Subregulation 61.1285(4) provides that for paragraphs 61.1285(2)(c) and (d), the holder successfully completes an examiner proficiency check if he or she meets the requirements set out in subregulation 61.1285(4).

Subregulation 61.1285(5) provides that, for paragraph 61.1285(4)(b), the persons are CASA, a flight examiner or the holder of an approval under regulation 61.040 to conduct the proficiency check.

Regulation 61.1290 - Requirements for grant of flight examiner ratings

Subregulation 61.1290(1) provides that an applicant for a flight examiner rating must hold a commercial pilot licence or air transport pilot licence and satisfy the requirements for the grant of at least one flight test endorsement.

Subregulation 61.1290(2) provides that the applicant must also meet the requirements set out in subregulation 61.1290(2).

Subregulation 61.1290(3) provides that, for paragraph 61.1290(2)(c), an applicant successfully completes an interview if the applicant satisfies CASA that he or she has the necessary skills and experience to be granted a flight examiner rating.

Division 61.U.2 - Obligations of flight examiners

Division 61.U.2 inserts complete new regulations 61.1295 to 61.1305 and provides the obligations on flight examiner ratings.

Regulation 61.1295 - Obligations of flight examiners--flight tests: strict liability offences

Subregulation 61.1295(1) provides that a flight examiner commits an offence if the examiner conducts a flight test for an applicant for a pilot licence or a rating or endorsement on a pilot licence, and the examiner is not nominated to conduct the flight test by the applicant's training provider under subregulation 61.245(3) or by CASA under subregulation 61.245(4). The penalty for the offence is established as 50 penalty units.

Subregulation 61.1295(2) provides that a flight examiner commits an offence if the examiner conducts a flight test for a commercial pilot licence, multi-crew pilot licence or air transport pilot licence and the examiner is the person who provided the certification under paragraph 61.235(2)(a) for the person taking the flight test. The penalty for the offence is established as 50 penalty units.

Subregulation 61.1295(3) provides that the examiner commits an offence if the examiner conducts a flight test for a pilot licence or a rating or endorsement on a pilot licence and does not meet the requirements of paragraph (i) and (ii). The penalty for the offence is established as 50 penalty units.

Subregulation 61.1295(4) provides that a flight examiner commits an offence if the examiner conducts a flight test for a pilot licence or a rating or endorsement on a pilot licence and does not meet the requirements of subregulation 61.1295(4). The penalty for the offence is established as 50 penalty units.

Subregulation 61.1295(5) provides that a flight examiner commits an offence if the examiner conducts a flight test for a pilot licence or a rating or endorsement on a pilot licence and has not notified CASA of the examiners intention to conduct the flight test at least
24 hours before conducting the flight test. The penalty for the offence is established as 50 penalty units.

Subregulation 61.1295(6) provides that that an offence against regulation 61.1295 is an offence of strict liability.

Regulation 61.1300 - Obligations of flight examiners--flight tests: other offences

Subregulation 61.1300(1) provides that a flight examiner commits an offence if he or she conducts a flight test for a pilot licence and when the test begins the examiner is not satisfied that the applicant is at least the minimum age, passed the aeronautical knowledge examination, met the flight training and aeronautical experience requirements for the licence. The penalty for the offence is established as 50 penalty units.

Subregulation 61.1300(2) provides that a flight examiner commits an offence if the examiner conducts a flight test for any of the licences listed in subregulation 61.1300(2) and that the examiner is not satisfied that the applicant has a current aviation English language proficiency assessment. The penalty for the offence is established as 50 penalty units.

Subregulation 61.1300(3) provides that a flight examiner commits an offence if he or she conducts a flight test for a pilot licence in an aircraft and, when the test begins, the examiner is not satisfied that the requirements of subparagraph 61.1300(b) are met. The penalty for the offence is established as 50 penalty units.

Subregulation 61.1300(4) provides that a flight examiner commits an offence if he or she conducts a flight test for a rating or endorsement on a pilot licence and, when the test begins, the examiner is not satisfied that the applicant has passed the aeronautical knowledge examination, met the flight training and aeronautical experience requirements for the rating or endorsement. The penalty for the offence is established as 50 penalty units.

Subregulation 61.1300(5) provides that a flight examiner commits an offence if he or she conducts a flight test for a rating or endorsement on a pilot licence in an aircraft and, when the test begins, the examiner is not satisfied that the requirements of subparagraph 61.1300(b) are met. The penalty for the offence is established as 50 penalty units.

Regulation 61.1305 - Obligations of flight examiners--proficiency checks

Subregulation 61.1305(1) provides that a flight examiner commits an offence if the examiner conducts a proficiency check for the holder of a pilot licence, and the holder successfully completes the proficiency check, and the examiner does not, within 14 days after the day the holder successfully completes the proficiency check, endorse the holder's licence document in accordance with 61.1305(2) and give CASA written notice that complies with subregulation 61.1305(3). The penalty for the offence is established as 50 penalty units.

Subregulation 61.1305(2) provides that for subparagraph 61.1305(1)(c)(i) the details in subregulation 61.1305(2) must be endorsed on the licence document.

Subregulation 61.1305(3) provides that for subparagraph 61.1305(1)(c)(ii) the notice must state what is listed in subregulation 61.1305(3).

Subregulation 61.1305(4) provides that an offence against regulation 61.1305 is an offence of strict liability.

Subregulation 61.1305(5) provides that, in regulation 61.1305, relevant proficiency check means anything listed in subregulation 61.1305(5).

Division 61.U.3 - Privileges and requirements for grant of flight examiner endorsements

Division 61.U.3 inserts complete new regulations 61.1310 to 61.1320 and provides the privileges and requirements for the grant of flight examiner endorsements.

Regulation 61.1310 provides the kinds of flight examiner endorsement available, as set out in column 1 of table 61.1310.

Regulation 61.1315 provides, subject to Subpart 61.E and Division 61.U.1, the holder of an endorsement mentioned in column 1 of an item in table 61.1310 is authorised to conduct each activity mentioned in column 2 of the item.

Regulation 61.1320 - Requirements for grant of flight examiner endorsements

Subregulation 61.1320(1) provides that an applicant for an endorsement mentioned in column 1 of an item in table 61.1310 must hold a flight examiner rating and the licences and endorsements mentioned in column 3 of the item.

Subregulation 61.1320(2) provides that an applicant for an endorsement mentioned in column 1 of an item in Part 1 of table 61.1310 must also have completed a course of training for the endorsement that is conducted by CASA or holder of the approval under regulation 61.040 to conduct the course, and includes the content mentioned in the Part 61 Manual of Standards for the course, and passed the flight test mentioned in the Part 61 Manual of Standards for the grant of the endorsement.

Subregulation 61.1320(3) provides that an applicant for an English language assessment endorsement must also meet the requirements set out in subregulation 61.1320(3).

Subregulation 61.1320(4) provides that, for paragraph 61.1320(3)(c), an applicant successfully completes an interview if the applicant satisfies CASA or the approval holder that he or she understands the standards for assessment of aviation English language proficiency.

Subpart 61.V - Flight engineer licences

This Subpart inserts a complete new Subpart 61.V inclusive of regulations 61.1325 to 61.1360. This Subpart provides the privileges, limitations and requirements for flight engineer licences.

Regulation 61.1325 provides, subject to regulations 61.1330 to 61.1350, that the holder of a flight engineer licence is authorised to act as flight engineer of an aircraft certificated to be operated with a minimum flight crew that includes a flight engineer.

Regulation 61.1330 - Limitations on exercise of privileges of flight engineer licences--ratings

Subregulation 61.1330(1) provides that the holder of a flight engineer licence is authorised to exercise the privileges of the licence in an aircraft of a particular type only if the holder also holds the flight engineer type rating for the aircraft.

Subregulation 61.1330(2) provides that the holder of a flight engineer licence is authorised to conduct an activity mentioned in regulation 61.1395 only if the holder also holds a flight engineer instructor rating.

Subregulation 61.1330(3) provides that the holder of a flight engineer licence is authorised to conduct an activity mentioned in regulation 61.1445 only if the holder also holds a flight engineer examiner rating.

Regulation 61.1335 - Limitations on exercise of privileges of flight engineer licences--recent experience

Subregulation 61.1335(1) provides that the holder of a flight engineer licence is authorised to act as the flight engineer of an aircraft of a particular type only if the holder has, within the previous 90 days, met the requirements of subregulation 61.1335(1).

Subregulation 61.1335(2) provides that, for paragraphs 61.1335(1)(a) and (b), each take-off must be followed by a climb to at least 500 ft above ground level.

Subregulation 61.1335(3) provides that the holder is taken to meet subregulation 61.1335(1) if he or she meets the requirements of subregulation 61.1335(3).

Regulation 61.1340 - Limitations on exercise of privileges of flight engineer licences--flight review

Subregulation 61.1340(1) provides that, for Part 61, successful completion of a flight review for a rating on a flight engineer licence requires demonstration, to a person mentioned in subregulation 61.1340(2), that the holder of the rating is competent in each unit of competency mentioned in the Part 61 Manual of Standards for the rating.

Subregulation 61.1340(2) provides that, for subregulation 61.1340(1), the persons are CASA, or the holder of an approval under regulation 61.040 for regulation 61.1340, a flight engineer instructor who holds a training endorsement that authorises the person to conduct flight training for the rating.

Subregulation 61.1340(3) provides that the flight review must be conducted in an aircraft or approved flight simulator.

Regulation 61.1345 provides that the holder of a flight engineer licence is authorised to exercise the privileges of the licence only if the holder also holds a current class 1 or 2 medical certificate or a medical exemption for the exercise of the privileges of the licence.

Regulation 61.1350 provides that the holder of a flight engineer licence is authorised to exercise the privileges of the licence on a flight only if the holder carries the documents set out in regulation 61.1350.

Regulation 61.1355 - Certain holders of flight engineer licences authorised to operate aircraft radio

Subregulation 61.1355(1) provides that a person is authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation if the person holds a flight engineer licence.

Subregulation 61.1355(2) provides that, for regulation 61.1345, transmitting on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation would not constitute the exercise of the privileges of a licence.

Regulation 61.1360 - Requirements for grant of flight engineer licences

Subregulation 61.1360(1) provides that an applicant for a flight engineer licence must be at least 18 years old.

Subregulation 61.1360(2) provides that the applicant must meet the requirements for the grant of at least one flight engineer type rating.

Subregulation 61.1360(3) provides that the applicant must also meet the requirements set out in subregulation 61.1360(3).

Subregulation 61.1360(4) provides that, for paragraph 61.1360(3)(e), up to 50 hours of the aeronautical experience may be completed as simulated flight engineer time.

Subregulation 61.1360(5) provides that the applicant is taken to meet the requirements of paragraph 61.1360(3)(e) if the applicant holds a commercial pilot licence with the aeroplane category rating, a pilot type rating for an aeroplane that is certificated for multi-crew operation and the applicant has completed at least 50 hours of flight training performing the duties of a flight engineer under the direct supervisions of a flight engineer instructor.

Subpart 61.W - Flight engineer type ratings

This Subpart inserts a complete new Subpart 61.W inclusive of regulations 61.1365 to 61.1390. This Subpart provides for the privileges, limitations and requirements for flight engineer type ratings.

Regulation 61.1365 provides, subject to Subpart 61.V and regulations 61.1370 to 61.1380, that the holder of a flight engineer type rating is authorised to act as the flight engineer of an aircraft covered by the rating.

Regulation 61.1370 - Limitations on exercise of privileges of flight engineer type ratings--general

Subregulation 61.1370(1) provides that regulation 61.1370 applies if the holder of a flight engineer type rating passed the flight test for the rating in an aircraft model covered by the rating or a flight simulator that represents the first variant and differences training is required by a legislative instrument under regulation 61.055 for another aircraft model covered by the rating.

Subregulation 61.1370(2) provides that the holder is authorised to exercise the privileges of the rating in a second variant only if the holder has completed all the differences training mentioned in the Part 61 Manual of Standards for the second variant.

Regulation 61.1375 - Limitations on exercise of privileges of flight engineer type ratings--recent experience on variant

Subregulation 61.1375(1) provides that regulation 61.1375 applies if the holder of a flight engineer type rating passed the flight test for the rating in an aircraft model covered by the rating or a flight simulator that represents the first variant and differences training is required by a legislative instrument under regulation 61.055 for another aircraft model covered by the rating.

Subregulation 61.1375(2) provides that the holder is authorised to exercise the privileges of the rating in the second variant only if the holder meets the requirements of subregulation 61.1375(2).

Regulation 61.1380 - Limitations on exercise of privileges of flight engineer type ratings--flight review

Subregulation 61.1380(1) provides that the holder of a flight engineer type rating is authorised to exercise the privileges of the rating only if the holder has, within the previous 24 months, successfully completed a flight review for the rating in accordance with subregulation 61.1380(2).

Subregulation 61.1380(2) provides that, for subregulation 61.1380(1), the flight review must be conducted in an aircraft of the type covered by the rating or an approved flight simulator.

Subregulation 61.1380(3) provides that the holder is taken to meet subregulation 61.1380(1) if the holder meets the requirements set out in subregulation 61.1380(3).

Regulation 61.1385 - Requirements for grant of flight engineer type ratings

Subregulation 61.1385(1) provides that regulation 61.1385 applies to an applicant for a flight engineer type rating if the applicant is not taken to meet the requirements for the grant of the rating under regulation 61.1390.

Subregulation 61.1385(2) provides that the applicant must hold a flight engineer licence.

Subregulation 61.1385(3) provides that the applicant must also meet the requirements set out in subregulation 61.1385(3).

Subregulation 61.1385(4) provides that for paragraph 61.1385(3)(a) the approved course of training must be conducted by a Part 141 or 142 operator that is authorised to conduct the training or the holder of an approval under regulation 141.035 or 142.040 to conduct the training.

Regulation 61.1390 provides that a person is taken to meet the requirements for the grant of a flight engineer type rating (new type rating) if they meet the requirements set out in regulation 61.1390.

Subpart 61.X Flight engineer instructor ratings

This Subpart inserts a complete new Subpart 61.X inclusive of regulations 61.1395 to 61.1440. This Subpart provides for the privileges and requirements for the grant of flight engineer instructor ratings, obligations of flight engineer instructors and the privileges and requirements for the grant of flight engineer training endorsements.

Division 61.X.1 - Privileges and requirements for grant of flight engineer instructor ratings

Division 61.X.1 inserts complete new regulations 61.1395 to 61.1415 and provides the privileges of, and requirements for, the grant of flight engineer instructor ratings.

Regulation 61.1395 provides, subject to Subpart 61.V and regulations 61.1400 to 61.1410, a flight engineer instructor is authorised to perform the functions as set out in regulation 61.1395.

Regulation 61.1400 - Limitations on exercise of privileges of flight engineer instructor ratings--general

Subregulation 61.1400(1) provides that a holder of a flight engineer instructor rating is authorised to exercise the privileges of the rating in an aircraft of a particular type only if the instructor also holds a flight engineer type rating for that type of aircraft.

Subregulation 61.1400(2) provides that a flight engineer instructor is authorised to conduct flight training for a flight engineer licence or a rating on a flight engineer licence only if the instructor is engaged to conduct the flight training by a Part 141 or 142 operator that is authorised to conduct the flight training.

Regulation 61.1405 - Limitations on exercise of privileges of flight engineer instructor ratings--endorsements

Subregulation 61.1405(1) provides that a flight engineer instructor is authorised to conduct an activity mentioned in column 2 of an item in table 61.1430 only if the instructor also holds the flight engineer training endorsement mentioned in column 1 of the item.

Subregulation 61.1405(2) provides that a flight engineer instructor is authorised to grant an endorsement only if the instructor also holds a training endorsement required to conduct flight training for the endorsement.

Subregulation 61.1405(3) provides that a flight engineer instructor is authorised to make an assessment of a knowledge deficiency report for an applicant for a licence only if the instructor also holds a flight engineer training endorsement that authorises the instructor to provide flight training for the licence.

Regulation 61.1410 - Limitations on exercise of privileges of flight engineer instructor ratings--instructor proficiency check

Subregulation 61.1410(1) provides that the holder of a flight engineer instructor rating is authorised to exercise the privileges of the rating only if the holder has a valid instructor proficiency check.

Subregulation 61.1410(2) provides that, for subregulation 61.1410(1), the holder is taken to have a valid instructor proficiency check during the periods set out in subregulation 61.1410(2).

Subregulation 61.1410(3) provides that at any time the holder attempts, but does not successfully complete, an instructor proficiency check, the holder is no longer taken to have a valid instructor proficiency check.

Subregulation 61.1410(4) provides that, for paragraphs 61.1410(2)(e) and (f), the holder successfully completes an instructor proficiency check if he or she meets the requirements set out in subregulation 61.1410(4).

Subregulation 61.1410(5) provides that, for paragraph 61.1410(4)(b), the persons are CASA, a flight examiner or the holder of an approval under regulation 61.040 to conduct the proficiency check.

Regulation 61.1415 - Requirements for grant of flight engineer instructor ratings

Subregulation 61.1415(1) provides that an applicant for a flight engineer instructor rating must hold a flight engineer licence and meet the requirements for the grant of at least one flight engineer training endorsement.

Subregulation 61.1415(2) provides that the applicant must also have completed flight training, passed the flight test and examination on the knowledge standards mentioned in the Part 61 Manual of Standards for the flight engineer instructor rating.

Subregulation 61.1415(3) provides that the applicant must also have completed an approved course of training in principles and methods of instruction or hold a Certificate IV in Training and Assessment or hold a tertiary qualification in teaching.

Division 61.X.2 - Obligations of flight engineer instructors

Division 61.X.2 inserts complete new regulations 61.1420 and 61.1425 and provides the obligations of flight engineer instructor ratings.

Regulation 61.1420 - Obligations of flight engineer instructors - training

Subregulation 61.1420(1) provides that a flight engineer instructor commits an offence if the instructor conducts flight training for a flight engineer type rating or cruise relief flight engineer type rating or differences training in an aircraft regulation 61.205 prohibits. The penalty for this offence is established as 50 penalty units.

Subregulation 61.1420(2) provides that an offence against regulation 61.1420 is an offence of strict liability.

Regulation 61.1425 - Obligations of flight engineer instructor--flight review

Subregulation 61.1425(1) provides that a flight engineer instructor commits an offence if he or she fails to meet the requirements set out in subregulation 61.1425(1). The penalty for this offence is established as 50 penalty units.

Subregulation 61.1425(2) provides that, for subparagraph 61.1245(1)(c)(i), the details in subregulation 61.1425(2) must be endorsed on the licence document.

Subregulation 61.1425(3) provides that, for subparagraph 61.1425(1)(c)(ii), the notice must state the details as set out in subregulation 61.1425(3).

Subregulation 61.1425(4) provides that an offence against regulation 61.1425 is an offence of strict liability.

Division 61.X.3 - Privileges and requirements for grant of flight engineer training endorsements

Division 61.X.3 inserts complete new regulations 61.1430 to 61.1440 and provides the privileges and requirements for the grant of flight engineer training endorsements.

Regulation 61.1430 provides the kinds of flight engineer training endorsements available, as set out in column 1 of table 61.1430.

Regulation 61.1435 provides, subject to Subpart 61.V and Division 61.X.1, the holder of an endorsement mentioned in column 1 of an item in table 61.1430 is authorised to conduct the activities mentioned in column 2 of the item.

Regulation 61.1440 - Requirements for grant of flight engineer training endorsements

Subregulation 61.1440(1) provides that an applicant for an endorsement mentioned in column 1 of an item in table 61.1430 must hold a flight engineer instructor rating.

Subregulation 61.1440(2) provides that the applicant must also have met the aeronautical experience requirements mentioned in column three of Table 61.1430, completed flight training and passed the flight test in the Part 61 Manual of Standards for the endorsement.

Subregulation 61.1440(3) provides that an applicant for a flight engineer type rating training endorsement for a specified aircraft type must also hold the flight engineer type rating for the aircraft type.

Subpart 61.Y - Flight engineer examiner ratings

This Subpart inserts a complete new Subpart 61.Y inclusive of regulations 61.1445 to 61.1505. This Subpart provides for the privileges and requirements for the grant of flight engineer examiner ratings, obligations for flight engineer examiners and the privileges and requirements for the grant of flight engineer examiner endorsements.

Division 61.Y.1 - Privileges and requirements for grant of flight engineer examiner ratings

Division 61.Y.1 inserts complete new regulation 61.1445 to 61.1475 and provides the privileges and requirements for the grant of flight engineer examiner ratings.

Regulation 61.1445 provides, subject to Subpart 61.V and regulations 61.1450 to 61.1470, a flight engineer examiner is authorised to perform the functions set out in regulation 61.1445.

Regulation 61.1450 provides that a flight engineer examiner is authorised to conduct a flight test in an aircraft only if the flight test for the examiner's flight engineer examiner rating was conducted in an aircraft.

Regulation 61.1455 - Limitations on exercise of privileges of flight engineer examiner ratings--endorsements

Subregulation 61.1455(1) provides that a flight engineer examiner is authorised to conduct a flight test, or grant a rating or endorsement, mentioned in column 2 of an item in part 1 of table 61.1495 only if the examiner also holds the flight engineer flight test endorsement mentioned in column 1 of the item.

Subregulation 61.1455(2) provides that a flight engineer examiner is authorised to conduct a flight test for a rating or endorsement only if the examiner also holds a rating or endorsement of the same kind or holds an approval under regulation 61.040 to conduct the flight test.

Subregulation 61.1455(3) provides that a flight engineer examiner is authorised to conduct an instructor proficiency check only if the examiner also holds a flight engineer instructor rating flight test endorsement.

Subregulation 61.1455(4) provides that a flight engineer examiner is authorised to conduct flight training for a flight engineer examiner rating or flight engineer flight test endorsement only if the examiner also holds a flight engineer examiner rating flight test endorsement.

Subregulation 61.1455(5) provides that a flight engineer examiner is authorised to conduct an activity mentioned in column 2 of item 4 of table 61.1495 only if the examiner also holds an English language assessment endorsement.

Regulation 61.1460 provides that a flight engineer examiner is authorised to conduct a flight test for a licence or rating only if the examiner has, during the previous 24 months, successfully completed a professional development program conducted by CASA including the content mentioned in the Part 61 Manual of Standards for the program or an approved course of professional development conducted by a holder of an approval under regulation 61.040 to conduct the course.

Regulation 61.1465 provides that a flight engineer examiner is authorised to conduct a flight test in an aircraft of a particular type, or a flight simulation training device that represents an aircraft of a particular type only if the examiner meets the recent experience requirements to act as the flight engineer of an aircraft of that type.

Regulation 61.1470 - Limitations on exercise of privileges of flight engineer examiner ratings--examiner proficiency check

Subregulation 61.1470(1) provides that the holder of a flight engineer examiner rating is authorised to exercise the privileges of the rating only if the holder has a valid examiner proficiency check.

Subregulation 61.1470(2) provides, for subregulation 61.1470(1), that the holder is taken to have a valid examiner proficiency check during the periods set out in subregulation 61.1470(2).

Subregulation 61.1470(3) provides that if at any time the holder attempts, but does not successfully complete an examiner proficiency check the holder is no longer taken to have a valid examiner proficiency check.

Subregulation 61.1470(4) provides, for paragraphs 61.1470(2)(c) and (d), that the holder successfully completes an examiner proficiency check if he or she meets the requirements of subregulation 61.1470(4).

Subregulation 61.1470(5) provides that, for paragraph 61.1470(4)(b), the persons are CASA, or the holder of an approval under regulation 61.040 to conduct the proficiency check.

Regulation 61.1475 - Requirements for grant of flight engineer examiner ratings

Subregulation 61.1475(1) provides that an applicant for a flight engineer examiner rating must hold a flight engineer licence and a flight engineer instructor rating and also meets the requirements for the grant of at least one flight engineer flight test endorsement.

Subregulation 61.1475(2) provides that the applicant must also meet the requirements set out in subregulation 61.1475(2).

Subregulation 61.1475(3) provides that, for paragraph 61.1475(2)(c), an applicant successfully completes an interview if he or she satisfies CASA that he or she has the necessary skills and experience to be granted a flight engineer examiner rating.

Division 61.Y.2 - Obligations of flight engineer examiners

Division 61.Y.2 inserts complete new regulation 61.1480 to 61.1490 and provides the obligations for flight engineer examiners.

Regulation 61.1480 - Obligations of flight engineer examiners--flight tests: strict liability offences

Subregulation 61.1480(1) provides that a flight engineer examiner commits an offence if the examiner conducts a flight test for a flight engineer licence, a rating on a flight engineer licence or a cruise relief flight engineer type rating and is not nominated to conduct the flight test by the applicant's training provider under subregualtion 61.245(3) or by CASA under subregulation 61.245(4). The penalty for the offence is established as 50 penalty units.

Subregulation 61.1480(2) provides that a flight engineer examiner commits an offence if the examiner conducts a flight test for a flight engineer licence and is the person who provided the certification under subparagraph 61.235(2)(a) for the person taking the flight test. The penalty for the offence is established as 50 penalty units.

Subregulation 61.1480(3) provides that a flight engineer examiner commits an offence if the examiner conducts a flight test for a flight engineer licence, a rating on a flight engineer licence or a cruise relief flight engineer type rating and the requirements of paragraph 61.1480(3)(b) are not met. The penalty for the offence is established as 50 penalty units.

Subregulation 61.1480(4) provides that a flight engineer examiner commits an offence if the examiner conducts a flight test for a flight engineer licence, a rating on a flight engineer licence or a cruise relief flight engineer type rating and the requirements of paragraph 61.1480(4)(b) are not met. The penalty for the offence is established as 50 penalty units.

Subregulation 61.1480(5) provides that a flight engineer examiner commits an offence if the examiner conducts a flight test for a flight engineer licence, a rating on a flight engineer licence or a cruise relief flight engineer type rating and has not notified CASA of the examiner's intention to conduct the flight test at least 24 hours before conducting the flight test. The penalty for the offence is established as 50 penalty units.

Subregulation 61.1480(6) provides that an offence against regulation 61.1480 is an offence of strict liability.

Regulation 61.1485--Obligations of flight engineer examiners--flight tests: other offences

Subregulation 61.1485(1) provides that a flight engineer examiner commits an offence if the examiner conducts a flight test for a flight engineer licence and the requirements of
paragraph 61.1485(1)(b) are not met. The penalty for the offence is established as 50 penalty units.

Subregulation 61.1485(2) provides that a flight engineer examiner commits an offence if the examiner conducts a flight test for a rating on a flight engineer licence or a cruise relief flight engineer type rating and the requirements of paragraph 61.1485(2)(b) are not met. The penalty for the offence is established as 50 penalty units.

Regulation 61.1490--Obligations of flight engineer examiners--proficiency checks

Subregulation 61.1490(1) provides that a flight engineer examiner commits an offence if he or she does not meet the requirements of subregulation 61.1490(1). The penalty for the offence is established as 50 penalty units.

Subregulation 61.1490(2) provides that, for subparagraph 61.1490(1)(c)(i), the details of subregulation 61.1490(2) must be endorsed on the licence document.

Subregulation 61.1490(3) provides that, for subparagraph 61.1490(1)(c)(ii), the notice must state details set out in subregulation 61.1490(3).

Subregulation 61.1490(4) provides that an offence against regulation 61.1490 is an offence of strict liability.

Division 61.Y.3 - Privileges and requirements for grant of flight engineer examiner endorsements

Division 61.Y.3 inserts complete new regulation 61.1495 to 61.1505 and provides the privileges and requirements for the grant of flight engineer examiner endorsements.

Regulation 61.1495 provides the kinds of flight engineer examiner endorsements available, as set out in column 1 of table 61.1495.

Regulation 61.1500 provides, subject to Subpart 61.V and Division 61.Y.1, that the holder of an endorsement mentioned in column 1 of an item in table 61.1495 is authorised to conduct the activities mentioned in column 2 of the item.

Regulation 61.1505 - Requirements for grant of flight engineer examiner endorsements

Subregulation 61.1505(1) provides that an applicant for an endorsement mentioned in column 1 of an item in table 61.1495 must hold a flight engineer examiner rating and the endorsement (if any) mentioned in column 3 of the item.

Subregulation 61.1505(2) provides that an applicant for an endorsement mentioned in column 1 of an item in part 1 of table 61.1495 must also have completed a course of training for the endorsement that is conducted by CASA or a holder of an approval under regulation 61.040 to conduct the course, and includes the content mentioned in the Part 61 Manual of Standards for the course, and passed the flight test mentioned in the Part 61 Manual of Standards for the endorsement.

Subregulation 61.1505(3) provides that an applicant for an English language assessment endorsement must also meet the requirements set out in subregulation 61.1505(3).

Subregulation 61.1505(4) provides that, for paragraph 61.1505(3)(c), an applicant successfully completes an interview if the applicant satisfies CASA or the approval holder that he or she understands the standards for assessment of aviation English language proficiency.

Subpart 61.Z - Glider pilot licences

This Subpart inserts a complete new Subpart 61.Z inclusive of regulations 61.1510 to 61.1540. This Subpart provides for the privileges, limitations and requirements for glider pilot licences.

Regulation 61.1510 provides that, subject to regulations 61.1515 to 61.1535, the holder of a glider pilot licence is authorised to pilot a glider or motorised glider as pilot in command and to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation.

Regulation 61.1515 - Limitations on exercise of privileges of glider pilot licences--general

Subregulation 61.1515(1) provides that the holder of a glider pilot licence is authorised to conduct an activity in the exercise of the privileges of the licence only if the activity is conducted in accordance the operations manual of a recreational aviation administration organisation that administers glider activities or an approval, held by the holder, under regulation 61.040 for paragraph 61.1515(1)(b).

Subregulation 61.1515(2) provides that the holder of a glider pilot licence is authorised to act as pilot in command of a glider or motorised glider of a particular kind only if the holder has received training in the operation of gliders or motorised gliders of that kind and has been assessed as competent to operate a glider or motorised glider of that kind.

Subregulation 61.1515(3) provides that the holder of a glider pilot licence is authorised to act as pilot in command of a glider or motorised glider in a flight that begins with a launch using a particular method only if the holder has received training in the launching method and has been assessed as competent to pilot a glider using the launching method.

Subregulation 61.1515(4) provides that, for subregulations 61.1515(2) and (3), the training and assessment must be conducted by a person authorised by a recreational aviation administration organisation that administers glider activities to conduct training and assessment in a glider or motorised glider, or the holder of an approval to conduct training and assessment in a glider or motorised glider.

Regulation 61.1520 provides that the holder of a glider pilot licence is authorised to act as pilot in command of a glider or motorised glider carrying a passenger only if the holder meets the recent experience requirements mentioned in the operations manual of the organisation that granted the holder's pilot certificate that permits the holder to pilot a glider or motorised glider.

Regulation 61.1525 - Limitations on exercise of privileges of glider pilot licences--flight review

Subregulation 61.1525(1) provides that the holder of a glider pilot licence is authorised to exercise the privileges of the licence only if the holder has, within the previous 24 months, successfully completed a flight review for the licence.

Subregulation 61.1525(2) provides that the holder is taken to meet subregulation 61.1525(1) if the holder was granted the licence within the previous 24 months.

Subregulation 61.1525(3) provides that, for subregulation 61.1525(1), successful completion of a flight review would require a demonstration, to a holder of an approval under regulation 61.040 to conduct the flight review, that the holder is competent in each unit of competency mentioned in the Part 61 Manual of Standards for the licence or successful completion of the flight review requirements of a recreational aviation administration organisation that administers glider activities.

Regulation 61.1530 provides that the holder of a glider pilot licence is authorised to pilot a glider or motorised glider as pilot in command only if the holder also holds a class 1 or 2 medical certificate or a medical exemption for the exercise of the privileges of the licence.

Regulation 61.1535 provides that the holder of a glider pilot licence is authorised to exercise the privileges of the licence on a flight only if the holder carries the documents listed inregulation 61.1535 on the flight.

Regulation 61.1540 - Requirements for grant of glider pilot licences

Subregulation 61.1540(1) provides that an applicant for a glider pilot licence must be at least 16 years old.

Subregulation 61.1540(2) provides that the applicant must hold a pilot certificate that meets the requirements set out in subregulation 61.1540(2).

Subregulation 61.1540(3) provides that the applicant must also have aeronautical experience that meets the requirements of subregulation 61.1540(3).

Subpart 64.A - Preliminary

This Subpart inserts a complete new Subpart 64.A inclusive of regulations 64.005 to 64.012.

Regulation 64.005 provides the requirements that persons, other than holders of flight crew licences, must satisfy in order to: transmit on radio frequencies used for ensuring the safety of air navigation, or taxi aeroplanes.

Regulation 64.010 provides a list of definitions relevant to the new Part 64.

Regulation 64.012 - Approvals by CASA for Part 64

Subregulation 64.012(1) provides that where Part 64 refers to a person holding an approval, the person may apply to CASA for that approval.

Subregulation 64.012(2) provides that CASA, subject to regulation 11.055, must grant the approval.

Subregulation 64.012(3) provides that subregulation 11.055(1B) applies to the granting of an approval under regulation 64.012.

Subpart 64.B - Transmission on aeronautical radio frequencies

This Subpart inserts a complete new Subpart 64.B inclusive of regulations 64.015 to 64.040.

Regulation 64.015 - Eligibility for aeronautical radio operator certificate

Subregulation 64.015(1) provides that a person is eligible for the grant of an aeronautical radio operator certificate if that person: is at least 17 years of age; and has received the training mentioned in subregulation 64.015(2) from a person or body mentioned in subregulation 64.015(3); and has been assessed by a person mentioned in subregulation 64.015(4) as meeting the required competency standards; and holds a current aviation English language proficiency assessment.

Subregulation 64.015(2) provides that the training required in paragraph 64.015(1)(b) is training in the operation of an aeronautical radio, to the standards specified in the Part 61 Manual of Standards for the operation of an aeronautical radio.

Subregulation 64.015(3) provides that, for paragraph 64.015(1)(b), the persons and bodies are: a pilot instructor who holds a training endorsement that authorises the instructor to conduct flight training for a pilot licence or flight crew rating; or a registered training organisation whose scope of registration covers the training mentioned in subregulation 64.015(2); or the holder of an approval under regulation 64.012 for this paragraph.

Subregulation 64.015(4) provides that for paragraph 64.015(1)(c) the persons are: CASA; or a flight examiner; or a pilot instructor who holds a training endorsement to conduct flight training for a pilot licence or flight crew rating; or the holder of an approval under regulation 64.012 for this paragraph.

Subregulation 64.015(5) provides that a person is eligible for the grant of an aeronautical radio operator certificate if the person is at least 17 years of age; and holds a foreign qualification that is equivalent to a private pilot, commercial, multi-crew, air transport or flight engineer licence, or a recreational pilot licence with a flight radio endorsement, or an aeronautical radio operator certificate; and either a statement stating they meet the ICAO English language proficiency requirements to level 4, 5 or 6 or has a current aviation English language proficiency assessment.

Regulation 64.020 - Obligation of assessor to ensure training is completed

Subregulation 64.020(1) provides that regulation 64.020 applies to flight examiners, pilot instructors and approval holders who conduct assessments, under paragraph 64.015(1)(c), against the competency standards for the operation of an aeronautical radio.

Subregulation 64.020(2) provides that a person conducting an assessment for the grant of an aeronautical radio operator certificate commits an offence if they are not satisfied, prior to conducting the assessment, that the person has completed the aeronautical radio training required in subregulation 64.015(2). The penalty for the offence is established as 50 penalty units.

Regulation 64.025 - Applying for aeronautical radio operator certificate

Subregulation 64.025(1) provides that a person may apply, in writing, to CASA for the grant of an aeronautical radio operator certificate.

Subregulation 64.025(2) provides that an application relying on the training and assessment mentioned subregulation 64.015(1) must be accompanied by evidence of the applicant's aviation English language proficiency assessment.

Subregulation 64.025(3) provides that if the applicant is relying on a foreign qualification, the application must be accompanied by a certified true copy of the qualification and, unless the foreign qualification states that the person meets ICAO level 4, 5 or 6 English language proficiency standard, evidence of the applicant's aviation English language proficiency assessment.

Regulation 64.030 provides that subject to regulation 11.055, CASA must grant an aeronautical radio operator certificate if satisfied that the applicant is eligible for the grant of the certificate.

Regulation 64.035 - Holder of aeronautical radio operator certificate may operate radio

Subregulation 64.035(1) provides that a person holding an aeronautical radio operator certificate is authorised to transmit on a radio frequency used for ensuring the safety of air navigation.

Subregulation 64.035(2) provides that the holder of an aeronautical radio operator certificate may only make a transmission if they hold a current aviation English language proficiency assessment.

Regulation 64.040 provides that a person who does not hold an aeronautical radio operator certificate is authorised to transmit on a radio frequency used for ensuring the safety of air navigation if the transmission is made for the purpose of training or assessment under direct supervision of a person mentioned in subregulation 64.015(3) or (4).

Subpart 64.C - Taxiing aeroplanes

This Subpart inserts a complete new Subpart 64.C inclusive of regulations 64.045 to 64.060

Regulation 64.045 - Persons who may taxi aeroplanes--general

Subregulation 64.045(1) provides that for a person to be authorised to taxi an aeroplane of a particular class or type rating, at an aerodrome, that person must: be at least 17 years of age; and hold a certificate of competency issued in the previous 5 years to taxi an aeroplane of that particular class or type rating; and have received, from a person mentioned in subregulation 64.045(2), instruction on the layout and operating procedures of the aerodrome; and either be the operator of the aeroplane or have permission, from the operator or the operator's continuing airworthiness organisation, to taxi the aeroplane; and, if at an aerodrome mentioned in subregulation 64.045(3), hold an aeronautical radio operator certificate.

Subregulation 64.045(2) provides that the person for paragraph 64.045(1)(c) must be the operator of the aerodrome, operator of the aeroplane or any other person with knowledge of layout and operating procedures of the aerodrome.

Subregulation 64.045(3) provides the for subregulation 64.045(1)(e) the applicable aerodromes are a controlled aerodrome, a certified aerodrome, registered aerodrome, and a military aerodrome, as well as any aerodrome specified as a designated non-controlled aerodrome in a legislative instrument under regulation 166D of CAR.

Regulation 64.050 - Persons who may taxi aeroplanes--persons undergoing training or assessment

Subregulation 64.050(1) provides that a person is authorised to taxi an aeroplane of a particular class or type rating, at an aerodrome, if they are receiving training in taxiing aeroplanes of the class or type rating, or if they are being assessed against the competency standards in the Part 61 Manual of Standards for taxiing aeroplanes of the class or type rating.

Subregulation 64.050(2) provides that the person is authorised to taxi the aeroplane only under the direct supervision of a person who is authorised under regulation 64.045 or Part 61 to taxi the aeroplane at the aerodrome.

Regulation 64.055 - Grant of certificate of competency to taxi aeroplanes of a class or covered by a type rating

Subregulation 64.055(1) provides that a person may apply in writing to a person mentioned in subregulation 64.055(4) (a granting body) for the grant of a certificate of competency for taxiing aeroplanes of a particular class or covered by a particular type rating.

Subregulation 64.055(2) provides that, subject to regulation 11.055, the granting body must grant the certificate if satisfied that the applicant meets the competency standards specified in the Part 61 Manual of Standards for taxiing aeroplanes of the class or type rating.

Subregulation 64.055(3) provides that the certificate of competency must state each class or type rating for which the person meets the competency standards, the date on which it is issued and be signed by the granting body.

Subregulation 64.055(4) provides that for subregulation 64.055(1), the persons are: CASA; a flight examiner; a pilot instructor who is authorised under Part 61 to conduct flight training for aeroplanes of the class or type rating: or the holder of an approval under regulation 64.012 for this paragraph.

Regulation 64.060 - Production of certificate of competency

Subregulation 64.060(1) provides that CASA may direct a person who holds a certificate of competency to produce the certificate for inspection by CASA.

Subregulation 64.060(2) provides that a person commits an offence if, on request, they do not produce the certificate of competency to CASA within 7 days from the day the request is made. The penalty for the offence is established as 50 penalty units.

Subregulation 64.060(3) provides that an offence relating to contravention of regulation 64.060 is an offence of strict liability.

Item [16] Subregulation 65.065(1)

Item [16] substitutes subregulation 65.065(1) which provides that a person to whom subregulation 65.065(2) applies is authorised to transmit on a radio frequency used for ensuring the safety of air navigation, if the transmission is made: (a) for the purpose of performing an air traffic control function or a flight service function; and (b) using a radiocommunication system that is not installed in or carried on an aircraft.

Item [17] Subregulation 65.065(3), at the foot

Item [17] inserts a note: Note A person is prohibited from transmitting on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation unless the person is qualified to do so: see regulation 83 of CAR.

Item [18] Regulation 67.150, note

Item [18] omits the note.

Item [19] Regulation 67.155, note

Item [19] omits the note.

Item [20] Regulation 67.160, note

Item [20] omits the note.

Item [21] Subregulation 67.265(1)

Item [21] substitutes subregulation 67.265(1) which provides that regulation 67.265 applies in relation to flight crew licences; balloon flight crew licences within the meaning of subregulation 5.01(1) of CAR; and air traffic controller licences.

Item [22] Subregulation 67.270(1)

Item [22] substitutes subregulation 67.270(1) which provides that regulation 67.270 applies in relation to flight crew licences; balloon flight crew licences within the meaning of subregulation 5.01(1) of CAR; and air traffic controller licences.

Item [23] Regulation 101.285, heading

Item [23] substitutes the heading to "101.285 Use of aeronautical radio".

Item [24] Paragraphs 101.285(1)(a), (3)(a) and (5)(a)

Item [24] substitutes subregulation 101.285, paragraphs (1)(a), (3)(a) and (5)(a) to replace "holds an aircraft radiotelephone operator's certificate of proficiency" with "holds an aeronautical radio operator certificate".

Item [25] Subregulation 101.285(7)

Item [25] omits "CAR 1988" in subregulation 101.285(7) and inserts "CAR".

Item [26] Paragraph 101.295(3)(a)

Item [26] omits "a command instrument rating; or" and inserts "an instrument rating; or".

Item [27] Subregulation 101.300(3)

Item [27] omits "aircraft radiotelephone operator's certificate of proficiency" and inserts "aeronautical radio operator certificate".

Item [28] Paragraph 101.335(1)(e)

Item [28] omits "flight radiotelephone operators' certificates of proficiency; and" and inserts "aeronautical radio operator certificates; and".

Item [29] Regulation 137.235

Item [29] substitutes regulation 137.235 which provides that the operator of an aeroplane commits an offence if the aeroplane is used to conduct an application operation and the pilot in command of the aeroplane is not authorised under Part 61 to pilot the aeroplane in the operation. The penalty for the offence is established as 50 penalty units. The offence against regulation 137.235 is an offence of strict liability.

Item [30] Regulation 137.240, heading

Item [30] substitutes the heading to "137.240 Operator proficiency checks".

Item [31] Subregulation 137.240(1)

Item [31] omits "annual" and inserts "operator".

Item [32] Subregulation 137.240(2), including the penalty

Item [32] substitutes subregulation 137.240(2) which provides that the operator of an aeroplane commits an offence if the aeroplane is used to conduct an application operation and the pilot in command of the aeroplane does not hold a valid operator proficiency check. The penalty for the offence is established as 50 penalty units.

Item [33] Subregulation 137.240(3)

Item [33] omits "annual" and inserts "operator".

Item [34] Subregulation 137.240(3)(b)

Item [34] omits "qualified, under these Regulations" and inserts "authorised under Part 61".

Item [35] Subregulation 137.240(4)

Item [35] substitutes subregulation 137.240(4) which provides that an operator proficiency check for the operator's head of flight operations must be conducted by an examiner or instructor mentioned in paragraph 137.240(3)(b).

Item [36] Subregulation 137.240(5) and (9)

Item [36] omits "annual" and inserts "operator".

Item [37] Subregulation 137.240(10)

Item [37] omits subregulation 137.240(10).

Item [38] Subregulation 139.820(3)

Item [38] substitutes subregulation 139.820(3) which provides that a person who is required to operate ARFFS communications equipment must hold an aeronautical radio operator certificate.

Item [39] Parts 141 and 142

Item [39] substitutes Part 141 Recreational, private and commercial pilot flight training, other than certain integrated training courses and Part 142 Integrated and multi-crew pilot flight training, contracted recurrent training and contracted checking.

Subpart 141.A - General

Subpart 141.A, inclusive of regulations 141.005 to 141.050, contains general provisions for Part 141.

Regulation 141.005 provides a description of what Part 141 is about, being the conduct of recreational, private and commercial pilot flight training, other than certain integrated training courses, and applicants for, and holders of, Part 141 certificates.

Regulation 141.010 - Aircraft and flight simulation training devices to which Part 141 applies

Subregulation 141.010(1) provides that Part 141 applies only to: an aeroplane, rotorcraft or airship that is permitted by its flight manual to be flown by one pilot, or is covered by a type rating mentioned in a legislative instrument under regulation 142.045; or a flight simulation training device for these aircraft.

Subregulation 141.010(2) provides that a reference in Part 141 to an 'aircraft' is a reference only to an aeroplane, rotorcraft or airship as mentioned in subregulation 141.010(1)(a) or (b).

Regulation 141.015 - Definitions of Part 141 flight training, authorised Part 141 flight training, Part 141 operator and Part 141 certificate

Subregulation 141.015(1) sets out the types of flight training that are taken to be Part 141 flight training.

Subregulation 141.015(2) provides that Authorised Part 141 flight training, for a Part 141 operator, is Part 141 flight training mentioned in the operator's Part 141 certificate.

Subregulation 141.015(3) provides that a Part 141 operator is the holder of a Part 141 certificate.

Subregulation 141.015(4) provides that a Part 141 certificate is a certificate issued under regulation 141.060.

Regulation 141.020 provides the definition of key personnel for a Part 141 operator under Part 141, being the people who hold or carry out responsibilities of the positions of chief executive officer, head of operations, safety manager and quality assurance manager.

Regulation 141.025 sets out the circumstances which would constitute significant change for a Part 141 operator under Part 141. Such circumstances include changes to the operator's location of operation, corporate and organisational structure, key personnel, process for making significant and not-significant changes, authorised activities, processes and manuals, and other changes required to be approved by CASA under CASR.

Regulation 141.030 provides a list of definitions relevant to Part 141.

Regulation 141.035 - Approvals by CASA for Part 141

Subregulation 141.035(1) provides that if any provision of Part 141 refers to a person holding an approval under regulation 141.035, the person may apply to CASA for the approval.

Subregulation 141.035(2) provides that, subject to regulation 11.055, CASA must grant the approval. Regulation 11.055 sets out a number of matters to which CASA must have regard when deciding whether to grant an authorisation or approval.

Subregulation 141.035(3) provides that subregulation 11.055(1B) applies to the granting of an approval under regulation 141.035. Subregulation 11.055(1B) states that the approval may only be granted if, in addition to the requirements of subregulations 11.055(1A)(a)-(d) being satisfied, a level of aviation safety that is at least acceptable is preserved.

Regulation 141.040 provides, for paragraph 98(5A)(a) of the Act, CASA may issue a legislative instrument to prescribe matters for paragraph 141.260(1)(u), relating to the content of an organisation's exposition.

Regulation 141.045 provides that regulations 11.070 to 11.075 do not apply to a Part 141 operator in respect of a change of which: CASA is notified under regulation 141.080; that is made under the process mentioned in regulation 141.095; or that is made as a consequence of a change made to the organisation's exposition in accordance with a direction given by CASA under regulation 141.100 or is a significant change that is approved by CASA under regulation 141.090.

Regulation 141.050 - Part 141 flight training--requirement for Part 141 certificate or approval

Subregulation 141.050(1) provides that a person commits an offence if the person conducts Part 141 flight training and the person does not meet the requirement mentioned in subregulation 141.050(2). The penalty for the offence is 50 penalty units.

Subregulation 141.050(2) provides that the requirements for the person mentioned in subregulation 141.050(1)(b) are that the person must hold a Part 141 certificate that authorises the person to conduct the training, or hold an approval under regulation 141.035 to conduct the training.

Subregulation 141.050(3) provides that an offence against subregulation 141.050(1) is an offence of strict liability.

Subpart 141.B - Part 141 certificates

Subpart 141.B, inclusive of regulations 141.055 to 141.075, contains provisions relating to certificates for Part 141.

Regulation 141.055 - Part 141 certificates--application

Subregulation 141.055(1) provides that persons may apply to CASA for a Part 141 certificate.

Subregulation 141.055(2) provides a list of inclusions for applications under subregulation 141.055(1), including details of the applicant, the training proposed to be conducted, and an undertaking that the applicant will operate in accordance with its exposition and civil aviation legislation.

Subregulation 141.055(3) provides that the application must be accompanied by a copy of the applicant's proposed exposition and signed by the person appointed, or proposed to be appointed, as the applicant's chief executive officer.

Regulation 141.060 - Part 141 certificate--issue

Subregulation 141.060(1) provides that, subject to regulation 11.055, CASA must issue the certificate if satisfied with each of the conditions specified, including compliance of the proposed exposition, suitability of the organisation to safely conduct the training, appropriate chain of command within the organisation, sufficient facilities and number of qualified personnel to conduct training.

Subregulation 141.060(2) provides that for subregulation 141.060(1)(b), without limiting the matters CASA may consider, CASA must consider the matters set out under subregulation 141.060(2) in determining if the applicant can conduct the proposed Part 141 flight training safely and in accordance with its exposition and civil aviation legislation.

Subregulation 141.060(3) provides that for subparagraph 141.060(1)(i)(i), the matters CASA may consider in deciding whether a person is a fit and proper person include the matters mentioned in subregulation 11.055(4).

Subregulation 141.060(4) provides that, if CASA decides to issue the certificate, CASA must determine the Part 141 flight training the applicant is authorised to conduct, including any limitations or conditions in relation to the flight training.

Subregulation 141.060(5) provides that a Part 141 certificate must include the matters mentioned in subregulation 141.060(4) and a certificate reference number determined by CASA.

Subregulation 141.060(6) provides that, where CASA approves a significant change to a Part 141 operator under regulation 141.090, CASA may issue a new Part 141 certificate to the operator.

Regulation 141.065 provides that where CASA issues a Part 141 certificate to an applicant, CASA is taken to have also approved the applicant's proposed exposition.

Regulation 141.070 - Part 141 certificate--conditions

Subregulation 141.070(1) provides a list of conditions of a Part 141 certificate in relation to which the operator must comply.

Subregulation 141.070(2) provides that, if the operator conducts training only in aircraft, or in aircraft and flight simulation training devices, each of the conditions set out in subregulation 141.070(2) is also a condition of the operator's Part 141 certificate.

Subregulation 141.070(3) provides that, if the operator conducts the training only in flight simulation training devices, each of the conditions set out in subregulation 141.070(3) is also a condition of the operator's Part 141 certificate.

Subregulation 141.070(4) provides that, for subparagraphs 141.070(2)(a)(ii), (2)(b)(ii), (3)(a)(ii) and (3)(b)(ii), the period for when positions can be held by the same person is no more than 7 consecutive days for each unforeseen circumstance or, if the operator holds an approval under regulation 141.035 for this paragraph in relation to an unforeseen circumstance--the period mentioned in the approval for the unforeseen circumstance.

Regulation 141.075 - Part 141 certificate--compliance with conditions

Subregulation 141.075(1) provides that a Part 141 operator commits an offence if the operator contravenes a condition of its Part 141 certificate. The penalty for the offence is 50 penalty units.

Subregulation 141.075(2) provides that an offence against subregulation 141.075(1) is an offence of strict liability.

Subpart 141.C - Part 141 operators--changes

Subpart 141.C, inclusive of regulations 141.080 to 141.100, sets out a number of provisions, including certain offences, in relation to Part 141 operators making various types of changes to their operations.

Regulation 141.080 - Part 141 operators--changes of name etc

Subregulation 141.080(1) provides that a Part 141 operator commits an offence if the operator changes its name (including any operating or trading name), address, headquarters or contact details and does not, before making the change, meet the requirements specified, including amending its exposition and giving CASA written notice of the change with a copy of the amended exposition with the change clearly identified. The penalty for the offence is 50 penalty units.

Subregulation 141.080(2) provides that an offence against subregulation 141.080(1) is an offence of strict liability.

Regulation 141.085 - Part 141 operators--application for approval of significant changes

Subregulation 141.085(1) provides that a Part 141 operator commits an offence if the operator makes a significant change, other than a significant change mentioned in subregulation 141.085(2) or (3), and CASA has not approved the significant change. The penalty for the offence is 50 penalty units.

Subregulation 141.085(2) provides that a Part 141 operator commits an offence if the operator makes a significant change to the appointment of personnel previously authorised to carry out responsibilities of a position in a circumstance mentioned in subparagraph 141.260(1)(e)(iv), and the operator does not apply to CASA for approval of the change in accordance with subregulation 141.085(4) within 7 days after the change is made. The penalty for the offence is 50 penalty units.

Subregulation 141.085(3) provides that a Part 141 operator commits an offence if the operator makes a significant change to the appointment of personnel, not previously authorised to carry out responsibilities of the position in a circumstance mentioned in subparagraph 141.260(1)(e)(iv,) and the operator does not apply to CASA for approval of the change in accordance with subregulation 141.085(4) within 3 days after the change is made. The penalty for the offence is 50 penalty units.

Subregulation 141.085(4) provides that an application for approval of a significant change must be in writing, set out the change and be accompanied by a copy of the part of the exposition affected by the change, clearly identifying the change.

Subregulation 141.085(5) provides that an offence against regulation 141.085 is an offence of strict liability.

Regulation 141.090 - Part 141 operators--approval of significant changes

Subregulation 141.090(1) provides, subject to regulation 11.055, that CASA must approve a significant change for a Part 141 operator if CASA is satisfied that the requirements mentioned in subregulation 141.060(1) will continue to be met.

Subregulation 141.090(2) provides that, if CASA approves the significant change, CASA is taken to have also approved the changes to the operator's exposition covered by the application.

Regulation 141.095 - Part 141 operators--process for making changes

Subregulation 141.095(1) provides that a Part 141 operator commits an offence if the operator makes a change and the change is not made in accordance with the process described in the operator's exposition for making changes. The penalty for the offence is 50 penalty units.

Subregulation 141.095(2) provides that an offence against subregulation 141.095(1) is an offence of strict liability.

Regulation 141.100 - Part 141 operators--CASA directions relating to exposition or key personnel

Subregulation 141.100(1) provides that, if satisfied that it is necessary in the interests of aviation safety, CASA may direct a Part 141 operator to remove, include, revise or vary particular information, procedures or instructions in its exposition.

Subregulation 141.100(2) provides that CASA may direct a Part 141 operator to remove any of the operator's key personnel from their position if CASA is satisfied that the person is not carrying out the responsibilities of the position or, if the person is the chief executive officer--not properly managing matters for which the person is accountable.

Subregulation 141.100(3) provides that a direction under regulation 141.100 must be in writing and state the time within which the direction must be complied with.

Subregulation 141.100(4) provides that a Part 141 operator commits an offence if CASA gives the operator a direction under regulation 141.100 and the operator does not comply with the direction within the time stated in the direction. The penalty for the offence is 50 penalty units.

Subregulation 141.100(5) provides that an offence against regulation 141.100 is an offence of strict liability.

Subpart 141.D - Part 141 operators--organisation and personnel

Subpart 141.D, inclusive of regulations 141.105 to 141.160, contains provisions relating to the organisation and personnel for Part 141.

Regulation 141.105 - Part 141 operators--organisation and personnel

Subregulation 141.105(1) provides that a Part 141 operator to maintain an organisational structure that effectively manages its authorised Part 141 flight training, taking into account various specified matters, including the nature and complexity of training, the nature and kind of aircraft or flight simulation devices used, the number of the operator's personnel and the number of course participants.

Subregulation 141.105(2) provides that a Part 141 operator commits an offence if any of the operator's key personnel carries out a responsibility of the person's position otherwise than in accordance with the operator's exposition or subpart 141.D. The penalty for the offence is 50 penalty units.

Regulation 141.110 - Part 141 operators--key personnel cannot carry out responsibilities

Subregulation 141.110(1) provides that a Part 141 operator commits an offence if the operator becomes aware that any of its key personnel cannot carry out, or is likely to be unable to carry out, the person's responsibilities for a period of longer than 30 days, and the operator does not tell CASA of the matter within the time mentioned in subregulation 141.110(2). The penalty for the offence is 50 penalty units.

Subregulation 141.110(2) provides that for paragraph 141.110(1)(b), the time is 24 hours after the operator becomes aware of the matter if there is not another person authorised to carry out the responsibilities for all or part of the period, or 3 days after the operator becomes aware of the matter, if there is another person authorised to carry out the responsibilities for all or part of the period.

Regulation 141.115 provides that a Part 141 operator must ensure that before a person appointed as any of the operator's key personnel begins to carry out the responsibilities of the position, the person completes any training that is necessary to familiarise the person with the responsibilities.

Regulation 141.120 - Part 141 operators--chief executive officer: responsibilities and accountabilities

Subregulation 141.120(1) sets out various responsibilities of the chief executive officer of a Part 141 operator.

Subregulation 141.120(2) provides that the chief executive officer of a Part 141 operator is accountable to the operator and CASA for ensuring the responsibilities mentioned in subregulation 141.120(1) are carried out effectively.

Regulation 141.125 - Part 141 operators--head of operations: qualifications and experience

Subregulation 141.125(1) provides that the head of operations of a Part 141 operator must hold an instructor rating and a Grade 1 training endorsement granted under Part 61, or an approval under regulation 141.035 to be the head of operations of the operator.

Subregulation 141.125(2) provides that, for paragraph 141.125(1)(b), the matters CASA may consider in deciding whether to approve a person as the head of operations of a Part 141 operator, include the operator's current and proposed authorised Part 141 flight training and the person's management experience and qualifications as set out in subregulation 141.125(2).

Subregulation 141.125(3) provides that CASA may, by written notice given to a head of operations, or the proposed head of operations, of a Part 141 operator, direct the person to undertake an assessment to demonstrate suitability as head of operations.

Subregulation 141.125(4) provides that, for subregulation 141.125(3), the assessment is an assessment conducted by CASA or a person nominated by CASA to demonstrate suitability as head of operations for the operator and may include assessment in an aeroplane, rotorcraft, airship or flight simulation training device.

Regulation 141.130 - Part 141 operators--head of operations: responsibilities

Subregulation 141.130(1) provides that the head of operations of a Part 141 operator must safely manage the operator's authorised Part 141 flight training.

Subregulation 141.130(2) sets out the responsibilities of the head of operations, with respect to safely managing flight training.

Subregulation 141.130(3) provides, for paragraph 141.130(2)(g), the required information on procedures which the head of operations must ensure the operator has.

Subregulation 141.130(4) provides, for paragraph 141.130(2)(h), the requirements for the conduct of authorised Part 141 flight training, including the requirements for instructors who conduct the training.

Regulation 141.135 provides that the safety manager of a Part 141 operator must have the skills, experience and knowledge set out in regulation 141.135 in relation to safety management and the regulatory environment.

Regulation 141.140 - Part 141 operators--safety manager: responsibilities

Subregulation 141.140(1) provides that the safety manager of a Part 141 operator must manage the safety management system of the operator.

Subregulation 141.140(2) sets out the responsibilities of the safety manager in managing the safety management system.

Regulation 141.145 sets out experience and knowledge requirements for a quality assurance manager of a Part 141 operator in relation to quality assurance management experience, and safety and regulatory knowledge.

Regulation 141.150 - Part 141 operators--quality assurance manager: responsibilities

Subregulation 141.150(1) provides that the quality assurance manager of a Part 141 operator must manage the quality assurance management system of the operator.

Subregulation 141.150(2) sets out the responsibilities of the quality assurance manager in managing the operation and continuous improvement of quality assurance management systems.

Regulation 141.155 - Part 141 operators--key personnel: additional qualification and experience requirements

Subregulation 141.155(1) provides that regulation 141.155 applies to an applicant for a Part 141 certificate or a Part 141 operator.

Subregulation 141.155(2) provides that CASA may, by written notice given to the applicant or operator, direct that any of the key personnel of the applicant or operator must have stated additional qualifications or experience to those otherwise required under Subpart 141.D.

Subregulation 141.155(3) provides that, in deciding whether to give a direction under subregulation 141.155(2), CASA must have regard to, but is not limited to considering, the matters specified.

Subregulation 141.155(4) provides that, if satisfied that it is necessary in the interests of aviation safety, CASA may, by written notice given to a person who is, or is proposed to be, any of the key personnel of the applicant or operator, direct the person to undertake a stated examination, be interviewed by CASA or complete a stated training course.

Regulation 141.160 - Part 141 operators--reference library

Subregulation 141.160(1) provides that a Part 141 operator commits an offence if the operator does not maintain a reference library that complies with subregulation 141.160(2). The penalty for the offence is 50 penalty units.

Subregulation 141.160(2) provides that, for subregulation 141.160(1), the reference library must include all operational documents and material, relevant civil aviation legislation and relevant parts of the AIP. The library must be up-to-date, in a readily accessible form and readily available to the operator's personnel.

Subregulation 141.160(3) provides that a Part 141 operator commits an offence if the operator does not keep up-to-date records of the distribution of operational documents to members of the operator's personnel. The penalty for the offence is 50 penalty units.

Subregulation 141.160(4) provides that an offence against regulation 141.160 is an offence of strict liability.

Subpart 141.E - Part 141 operators--instructors

Subpart 141.E, inclusive of regulations 141.165 to 141.210, contains provisions relating to instructors for Part 141 operators.

Regulation 141.165 - Part 141 operators--instructors must comply with Part 141 certificate

Subregulation 141.165(1) provides that an instructor for a Part 141 operator commits an offence if the instructor conducts Part 141 flight training otherwise than in accordance with the operator's Part 141 certificate. The penalty for the offence is 50 penalty units.

Subregulation 141.165(2) provides that an offence against subregulation 141.165(1) is an offence of strict liability.

Regulation 141.170 - Part 141 operators--instructors must comply with exposition

Subregulation 141.170(1) provides that an instructor for a Part 141 operator commits an offence if the instructor conducts authorised Part 141 flight training for the operator otherwise than in accordance with the operator's exposition. The penalty for the offence is 50 penalty units.

Subregulation 141.170(2) provides that an offence against subregulation 141.170(1) is an offence of strict liability.

Regulation 141.175 - Part 141 operators--instructors must be authorised under Part 61

Subregulation 141.175(1) provides that a Part 141 operator commits an offence if an instructor for the operator conducts authorised Part 141 flight training for the operator and the instructor is not authorised under Part 61 to conduct the training. The penalty for the offence is 50 penalty units.

Subregulation 141.175(2) provides that an offence against subregulation 141.175(1) is an offence of strict liability.

Regulation 141.180 - Part 141 operators--instructors must have access to records

Subregulation 141.180(1) provides that a Part 141 operator commits an offence if an instructor for the operator conducts authorised Part 141 flight training for the operator and the instructor does not have access to the operator's training records for course participants. The penalty for the offence is 50 penalty units.

Subregulation 141.180(2) provides that an offence against subregulation 141.180(1) is an offence of strict liability.

Regulation 141.185 - Part 141 operators--instructors must hold valid standardisation and proficiency check for operator

Subregulation 141.185(1) provides that a Part 141 operator commits an offence if an instructor for the operator conducts authorised Part 141 flight training for the operator and the instructor does not hold a valid standardisation and proficiency check for the operator under regulation 141.190. The penalty for the offence is 50 penalty units.

Subregulation 141.185(2) provides that an offence against subregulation 141.185(1) is an offence of strict liability.

Regulation 141.190 - Part 141 operators--holding valid standardisation and proficiency check for operator

Subregulation 141.190(1) provides that an instructor for a Part 141 operator holds a valid standardisation and proficiency check for the operator if the instructor has successfully completed the operator's standardisation and proficiency check, the check complies with check requirements under regulation 141.195 and the check is valid under subregulation 141.190(2) or (3).

Subregulation 141.190(2) provides that a standardisation and proficiency check is valid for the period comprising the period beginning on the day on which the check is completed, and ending at the end of the month in which the check is completed, and for a period of 12 months after the month in which the check was completed.

Subregulation 141.190(3) provides that, if an instructor holds a standardisation and proficiency check that is valid under subregulation 141.190(2) (the existing check) and the instructor successfully completes a new standardisation and proficiency check on a day that is less than 3 months before the day on which the existing check is due to expire, the new check is valid for 12 months beginning at the end of the day on which the existing check expires.

Regulation 141.195 - Part 141 operators--standardisation and proficiency check requirements

Subregulation 141.195(1) provides that a Part 141 operator's standardisation and proficiency check for an instructor must check the competency of the instructor to deliver ground briefings and flight training in an aircraft or flight simulation training device in accordance with the operator's training syllabus, for the activity that the operator has engaged the instructor to conduct.

Subregulation 141.195(2) provides that the check must be carried out by the operator's head of operations or a person authorised to conduct the check by the operator's head of operations.

Regulation 141.200 - Part 141 operators--training and assessment of instructors in human factors principles

Subregulation 141.200(1) provides that a Part 141 operator commits an offence if an instructor for the operator conducts authorised Part 141 flight training for the operator and the instructor has not successfully completed the operator's training and assessment in human factors principles. The penalty for the offence is 50 penalty units.

Subregulation 141.200(2) provides that an offence against subregulation 141.200(1) is an offence of strict liability.

Regulation 141.205 - Part 141 operators--instructors must be competent to conduct flight training in flight simulation training device

Subregulation 141.205(1) provides that a Part 141 operator commits an offence if an instructor for the operator conducts authorised Part 141 flight training for the operator in a flight simulation training device and the instructor has not been assessed by the operator as competent to conduct the training in the device. The penalty for the offence is 50 penalty units.

Subregulation 141.205(2) provides that an offence against subregulation 141.205(1) is an offence of strict liability.

Regulation 141.210 - Part 141 operators--person recommended for flight test

Subregulation 141.210(1) provides that a Part 141 operator and the operator's head of operations each commit an offence if a person is recommended for a flight test by the head of operations, or a person named in the operator's exposition as responsible for the authorised Part 141 flight training to which the flight test relates, and the person is not eligible, under regulation 61.235, to undertake the test. The penalty for the offence is 50 penalty units.

Subregulation 141.210(2) provides that an offence against subregulation 141.210(1) is an offence of strict liability.

Subpart 141.F - Part 141 operators--safety management system

Subpart 141.F, inclusive of regulations 141.215 and 141.220, provides the requirement for a Part 141 operator that provides training in aircraft only, or in aircraft and flight simulation training devices, to have a safety management system and sets out what the system must include and address.

Regulation 141.215 provides that a Part 141 operator that conducts authorised Part 141 flight training only in aircraft, or in aircraft and flight simulation training devices, must have a safety management system that meets the requirements of regulation 141.220.

Regulation 141.220 - Part 141 operators--safety management system requirements

Subregulation 141.220(1) provides that the safety management system must be a systematic approach to managing safety that includes the various matters specified in subregulation 141.220(2). Those matters are that the safety management system integrates human factors principles, ensures that the operator's authorised Part 141 flight training is conducted in a planned and systematic manner and identifies and addresses deficiencies in training outcomes. It also provides that if an operator conducts the training in a flight simulation training device, the safety management system includes quality assurance management requirements specified in subregulation 141.230(2).

Subregulation 141.220(2) provides, for subregulation 141.220(1), a number of specific matters that the safety management system must address. These relate to: organisational structures, accountabilities, policies and procedures; safety policy, objectives and planning; a safety risk management system; a safety assurance system and a safety training and promotion system.

Subregulation 141.220(3) outlines a number of processes which must be included in the safety management system.

Subpart 141.G - Part 141 operators--quality assurance management system

Subpart 141.G, inclusive of regulations 141.225 and 141.230, provides the requirement for a Part 141 operator that conducts authorised Part 141 flight training in flight simulation devices to have a quality assurance system and sets out what must be included in the quality assurance management system.

Regulation 141.225 provides that, for a Part 141 operator which conducts authorised Part 141 flight training only in flight simulation training devices, the operator must have a quality assurance management system that meets the requirements of regulation 141.230.

Regulation 141.230 - Part 141 operators--quality assurance management system requirements

Subregulation 141.230(1) provides that a quality assurance management system must ensure the correct operation and maintenance of the flight simulation training devices and ensure that the operator's authorised Part 141 flight training is conducted in a planned and systematic manner identifying and addressing deficiencies in training outcomes.

Subregulation 141.230(2) sets out a number of specific matters that must be included in the quality assurance management system.

Subregulation 141.230(3) sets out a number of processes that must be included in the quality assurance management system.

Subpart 141.H - Part 141 operators-- personnel fatigue management

Subpart 141.H is reserved for future use.

Subpart 141.I - Part 141 operators--expositions

Subpart 141.I, inclusive of regulations 141.260 to 141.270, sets out the requirements for Part 141 operators' expositions.

Regulation 141.260 - Part 141 operators--content of exposition

Subregulation 141.260(1) sets out the matters that must be included in the exposition for a Part 141 operator such as details of the operator, organisational structure, accountabilities and responsibilities of key personnel, training activity and training aircraft and devices, operational policies, manuals and procedures, and change management processes.

Subregulation 141.260(2) provides that an operations manual, dangerous goods manual (if any), safety management system manual and quality assurance manual may be included as part of the operator's operations manual.

Subregulation 141.260(3) provides that an exposition for a Part 141 operator may include a list of material required for the operator's reference library.

Regulation 141.265 - Part 141 operators--compliance with exposition by operator

Subregulation 141.265(1) provides that a Part 141 operator commits an offence if the operator contravenes a provision of its exposition. The penalty for the offence is 50 penalty units.

Subregulation 141.265(2) provides that an offence against subregulation 141.265(1) is an offence of strict liability.

Regulation 141.270 - Part 141 operators--providing personnel with exposition

Subregulation 141.270(1) provides that a Part 141 operator commits an offence if the operator's exposition relates to the duties of any of the operator's personnel and the operator does not make the part of the exposition that relates to the duties available to the person before the person begins carrying out the duties. The penalty for the offence is 50 penalty units.

Subregulation 141.270(2) provides that an offence against subregulation 141.270(1) is an offence of strict liability.

Subpart 141.J - Part 141 operators--logs and records

Subpart 141.J, inclusive of regulations 141.275 and 141.280, sets out the requirements for Part 141 operators to keep logs and records.

Regulation 141.275 - Part 141 operators--making and keeping flight training records

Subregulation 141.275(1) provides that a Part 141 operator commits an offence if a person completes a session of the operator's authorised Part 141 flight training and a record of the training is not made within 7 days after the session. The penalty for the offence is 50 penalty units.

Subregulation 141.275(2) provides that a Part 141 operator commits an offence if the operator does not retain a flight training record made under subregulation 141.275(1) for at least 7 years after the record is made. The penalty for the offence is 50 penalty units.

Subregulation 141.275(3) provides that an offence against regulation 141.275 is an offence of strict liability.

Regulation 141.280 - Part 141 operators--availability of flight training records

Subregulation 141.280(1) provides that a Part 141 operator commits an offence if a flight training record is made under regulation 141.275 and the operator does not give a copy of the record to the person to whom it relates within 7 days after the record is made. The penalty for the offence is 50 penalty units.

Subregulation 141.280(2) provides that a Part 141 operator commits an offence if after a flight training record is made under regulation 141.275, the operator receives a request for a copy of the record from another Part 141 operator and that operator holds a written authorisation from the person to whom the record relates to provide a copy to the other operator, and the first operator does not give the other operator a copy of the record within 7 days. The penalty for the offence is 50 penalty units.

Subregulation 141.280(3) provides that an offence against regulation 141.280 is an offence of strict liability.

Subpart 141.K - Part 141 operators-- miscellaneous

Subpart 141.K, inclusive of regulations 141.285 to 141.310, sets out miscellaneous offences against Part 141.

Regulation 141.285 - Part 141 operators--suitable facilities, records and resources for flight test

Subregulation 141.285(1) provides for regulation 141.285 to apply if a Part 141 operator arranges with a flight examiner for the examiner to conduct a flight test.

Subregulation 141.285(2) provides that the Part 141 operator commits an offence if suitable facilities, records and resources are not available to the flight examiner for the flight test. The penalty for the offence is 50 penalty units.

Regulation 141.290 - Part 141 operators--pilot in command to be authorised under Part 61

Subregulation 141.290(1) provides that a Part 141 operator commits an offence if a person flies an aircraft used in the operator's authorised Part 141 flight training as pilot in command and the person is not authorised under Part 61 to fly the aircraft as pilot in command. The penalty for the offence is 50 penalty units.

Subregulation 141.290(2) provides that an offence against subregulation 141.290(1) is an offence of strict liability.

Regulation 141.295 - Part 141 operators--carriage of passengers prohibited during abnormal operations or low-flying flight training

Subregulation 141.295(1) provides that a Part 141 operator commits an offence if, during a flight of an aircraft for authorised Part 141 flight training for the operator, a simulated engine or system failure or low-flying training is conducted and a passenger is carried on board. The penalty for the offence is 50 penalty units.

Subregulation 141.295(2) provides that an offence against subregulation 141.295(1) is an offence of strict liability.

Regulation 141.300 - Part 141 operators--authorisation of carriage of passengers

Subregulation 141.300(1) provides that a Part 141 operator commits an offence if a person flies an aircraft in authorised Part 141 flight training for the operator as pilot in command, the operator authorises the carriage of a passenger on the flight and the person is not authorised under Part 61 to fly the aircraft as pilot in command with a passenger on board. The penalty for the offence is 50 penalty units.

Subregulation 141.300(2) provides that an offence against subregulation 141.300(2) is an offence of strict liability.

Regulation 141.305 - Part 141 operators--holders of student pilot licences conducting solo flights

Subregulation 141.305(1) provides that a Part 141 operator commits an offence if the holder of a student pilot licence who is undertaking authorised Part 141 flight training for the operator conducts a solo flight of a kind mentioned in subregulation 141.305(2) for the first time and the holder does not meet a requirement mentioned in subregulation 141.305(3). The penalty for the offence is 50 penalty units.

Subregulation 141.305(2) provides that, for paragraph 141.305(1)(a), the kinds of solo flight are a circuit training flight, a flight between an aerodrome and the flight training area for the aerodrome, a cross-country flight or a flight at night.

Subregulation 141.305(3) provides that, for paragraph 141.305(1)(b), the requirements are the holder must have completed training in all units of competency mentioned in the Part 61 Manual of Standards for the conduct of a solo flight of that kind by the holder of a student pilot licence and the holder must have been assessed as competent against the standards.

Subregulation 141.305(4) provides that a Part 141 operator commits an offence if the holder of a student pilot licence, who is undertaking authorised Part 141 flight training for the operator conducts a solo flight for the first time, and the holder does not meet a requirement mentioned in subregulation 141.305(5), being that the holder has been briefed appropriately for the flight and is capable of conducting the flight safely. The penalty for the offence is 50 penalty units.

Subregulation 141.305(5) provides that for paragraph 141.305(4)(b), the requirements are that the holder must have been briefed appropriately for the flight and the holder must be capable of conducting the flight safely.

Subregulation 141.305(6) provides that an offence against subregulation 141.305(1) is an offence of strict liability.

Subregulation 141.305(7) provides that strict liability applies to paragraph 141.305(4)(a).

Subregulation 141.305(8) provides that, in regulation 141.305, the definitions of cross-country flight and solo are in accordance with the definitions in regulation 61.010.

Regulation 141.310 - Part 141 operators--dealings in relation to suspended, cancelled, varied, pending or refused civil aviation authorisations: when approval required

Subregulation 141.310(1) provides that a Part 141 operator commits an offence if the operator does an act mentioned in subregulation 141.310(2), (4), (6) or (8) and the operator does not hold an approval under regulation 141.035 to do the act. The penalty for the offence is 50 penalty units.

Subregulation 141.310(2) provides that for paragraph 141.310(1)(a), the acts are: to use, in any of the operator's authorised Part 141 flight training, an aircraft the operation of which was authorised by a cancelled authorisation; to employ, in connection with any of the operator's authorised Part 141 flight training, a person who was, at the time of the cancellation, employed in connection with an operation the conduct of which was authorised by a cancelled authorisation; and to conduct an operation, or part of an operation, the conduct of which was authorised by a cancelled authorisation.

Subregulation 141.310(3) provides that subregulation 141.310(4) applies in relation to a suspended or varied authorisation.

Subregulation 141.310(4) sets out, for paragraph 141.310(1)(a), acts for which the operator would commit an offence under subregulation 141.310(1).

Subregulation 141.310(5) provides that subregulation 141.310(6) applies in relation to an application for a civil aviation authorisation that has not been finally determined by CASA.

Subregulation 141.310(6) sets out, for paragraph 141.310(1)(a), acts in relation to which the operator would commit an offence under subregulation 141.310(1).

Subregulation 141.310(7) provides that subregulation 141.310(8) applies in relation to an application for a civil aviation authorisation that has been refused by CASA.

Subregulation 141.310(8) sets out, for paragraph 141.310(1)(a), acts in relation to which the operator would commit an offence under subregulation 141.310(1).

Subregulation 141.310(9) provides that an offence against regulation 141.310 is an offence of strict liability.

Subregulation 141.310(10) provides that the meanings of cancelled authorisation, employ, suspended authorisation and varied authorisation are given in subregulation 141.310(10).

Subpart 142.A - General

Subpart 142.A, inclusive of regulations 142.005 to 142.060, provides general requirements relating to integrated and multi-crew pilot flight training, contracted recurrent training and contracted checking and sets out definitions for Part 142.

Regulation 142.005 provides a description of what Part 142 is about, being the conduct of integrated and multi-crew pilot flight training, contracted recurrent training and checking and the provision of authorisations required for this training and checking.

Regulation 142.010 - Part 142 applies only to aeroplanes, rotorcraft, airships and flight simulation training devices

Subregulation 142.010(1) provides that Part 142 applies only to an aeroplane, rotorcraft, airship or a flight simulation training device for these aircraft.

Subregulation 142.010(2) provides that a reference in Part 142 to an aircraft is a reference to an aeroplane, rotorcraft or airship.

Regulation 142.015 - Definitions of Part 142 activity, Part 142 flight training, Part 142 authorisation, Part 142 operator and authorised Part 142 activity for Part 142

Subregulation 142.015(1) provides that the definition of a Part 142 activity is Part 142 flight training, contracted recurrent training or contracted checking, conducted in an aircraft or a flight simulation training device.

Subregulation 142.015(2) provides that the definition of Part 142 flight training is any of the following: an integrated training course for the grant of a private or commercial pilot licence under Part 61; training for the grant of a multi-crew pilot, air transport pilot or flight engineer licence under Part 61; multi-crew cooperation training; training for the grant of a flight crew rating mentioned in a legislative instrument pursuant to regulation 142.045, under Part 61, that is conducted in a multi-crew operation; training that is given as part of a flight review that is conducted as a multi-crew operation, and differences training that is required as mentioned in regulation 61.780 for a variant covered by a type rating that is not a type rating mentioned in a legislative instrument under regulation 142.045 and is not conducted by a training and checking organisation approved under regulation 217 of CAR.

Subregulation 142.015(3) provides that the definition of an authorised Part 142 activity, for a Part 142 operator, is an activity mentioned in the operator's Part 142 authorisation.

Subregulation 142.015(4) provides that the meaning of a Part 142 operator is the holder of a Part 142 authorisation.

Subregulation 142.015(5) provides that a Part 142 authorisation is an AOC that authorises the conduct of a Part 142 activity in an aircraft, or a certificate under Division 142.B.2 that authorises the conduct of a Part 142 activity in a flight simulation training device.

Regulation 142.020 sets out the definitions of contracted checking, contracted recurrent training and contracting operator for Part 142.

Regulation 142.025 provides the definition of key personnel for Part 142, being the people who hold or carry out responsibilities of the positions of chief executive officer, head of operations, safety manager and quality assurance manager.

Regulation 142.030 provides the definition of significant change for a Part 142 operator. This includes changes to the operator's location of operation, the corporate and organisational structure, key personnel, the process for making significant changes and changes that are not significant, changes to authorised activities, processes and manuals, and other changes required to be approved by CASA under CASR.

Regulation 142.035 provides a detailed list of definitions for Part 142.

Regulation 142.040 - Approvals by CASA for Part 142

Subregulation 142.040(1) provides that if a provision of Part 142 refers to a person holding an approval under regulation 142.040, the person may apply to CASA for the approval.

Subregulation 142.040(2) provides that, subject to regulation 11.055, CASA must grant the approval. Regulation 11.055 sets out the conditions that must be met before CASA issues an approval.

Subregulation 142.040(3) provides that subregulation 11.055(1B) applies to the granting of an approval under regulation 142.040 in respect of paragraphs 142.050(3)(b), 142.185(1)(b) or 142.185(4)(a). Subregulation 11.055(1B) states that the approval may only be granted if a level of aviation safety that is at least acceptable is preserved.

Regulation 142.045 provides that, under paragraph 98(5A)(a) of the Act, CASA may issue legislative instruments to prescribe type ratings, as mentioned under the definition of Part 142 flight training in subparagraphs 142.015(2)(d)(i) and 142.015(2)(g)(i), and matters for paragraph 142.340(1)(v).

Regulation 142.050 - Part 142 activities--requirement for Part 142 authorisation

Subregulation 142.050(1) provides that a person commits an offence if the person conducts a Part 142 activity in an aircraft and the person does not hold an AOC that authorises the person to conduct the activity. The penalty for the offence is 50 penalty units.

Subregulation 142.050(2) provides that a person commits an offence if the person conducts a Part 142 activity in a flight simulation training device and the person does not meet the requirement mentioned in subregulation 142.050(3). The penalty for the offence is 50 penalty units.

Subregulation 142.050(3) provides that, for paragraph 142.050(2)(b), the requirement is that the person must hold a certificate under Division 142.B.2 that authorises the person to conduct the activity or an approval under regulation 142.040 to conduct the activity.

Subregulation 142.050(4) provides that an offence against regulation 142.050 is an offence of strict liability.

Regulation 142.055 - Part 142 activities--compliance with Part 142 authorisations--offence for operators

Subregulation 142.055(1) provides that a Part 142 operator commits an offence if the operator conducts an authorised Part 142 activity for the operator otherwise than in accordance with its Part 142 authorisation. The penalty for the offence is 50 penalty units.

Subregulation 142.055(2) provides that an offence against regulation 142.055 is an offence of strict liability.

Regulation 142.060 - Part 142 activities--compliance with conditions of Part 142 authorisations--offence for operators

Subregulation 142.060(1) provides that a Part 142 operator commits an offence if the operator contravenes a condition of its Part 142 authorisation. The penalty for the offence is 50 penalty units.

Subregulation 142.060(2) provides that an offence against regulation 142.060 is an offence of strict liability.

Subpart 142.B - Part 142 authorisations

Subpart 142.B, inclusive of regulations 142.065 to 142.130, provides requirements for authorisations under Part 142.

Division 142.B.1 -AOCs for Part 142 activities that involve operation of aircraft

Division 142.B.1, inclusive of regulations 142.065 to 142.100 sets out requirements for Part 142 activities that involve the operation of aircraft.

Regulation 142.065 provides that engaging in a Part 142 activity, involving the operation of an aircraft, is a prescribed purpose for subsection 27(9) of the Act and an AOC is therefore required.

Regulation 142.070 provides that the position of safety manager is prescribed for the definition of key personnel in subsection 28(3)(e) of the Act.

Regulation 142.075 provides, for paragraph 28BH(2)(b) of the Act, the material required in the reference library of a Part 142 operator which holds an AOC that authorises the conduct of Part 142 activities involving the operation of aircraft. The material is the relevant civil aviation legislation, the relevant parts of the AIP, all information about flight operations that is necessary for the safe conduct of the activities, and any other publications, information or data required by the operator's exposition.

Regulation 142.080 - AOC--application

Subregulation 142.080(1) provides that a person may apply to CASA for the issue of an AOC that authorises the person to conduct a Part 142 activity that involves the operation of an aircraft.

Subregulation 142.080(2) sets out the information required in the application.

Subregulation 142.080(3) provides that the application must be accompanied by a copy of the applicant's proposed exposition and be signed by the person appointed, or proposed to be appointed, as the applicant's chief executive officer.

Regulation 142.085 - AOC--conditions for issue

Subregulation 142.085(1) provides that it is a condition for issue of an AOC that authorises the applicant to conduct Part 142 activities that CASA is satisfied of each of the following: the applicant's proposed exposition complies with regulation 142.340; the applicant can conduct the activities safely and in accordance with its exposition and civil aviation legislation; the applicant, if an individual, is a fit and proper person and is or is proposed to be the chief executive officer; if the applicant is a corporation that has officers, each officer is a fit and proper person; each of applicant's proposed key personnel is a fit and proper person and meets the qualifications and experience requirements of Part 142; and that the AOC does not by itself, or combined with another existing authorisation, authorise the operation of any particular foreign registered aircraft in Australia for more than 90 days in any 12 month period.

Subregulation 142.085(2) provides that, for paragraph 142.085(1)(b) - i.e. that CASA is satisfied the applicant can conduct the activities safely and in accordance with its exposition and civil aviation legislation - CASA must consider: the applicant's proposed exposition; the content of the chief executive officer's undertaking that the applicant will be capable of operating in accordance with its exposition and civil aviation legislation, and will operate in accordance with its exposition and civil aviation legislation; details of and the reasons for any suspension of cancellation of any civil aviation authorisation issued to the applicant or any equivalent authorisation issued by a foreign country or multinational aviation authority; the suitability of the applicant's corporate and organisational structure; and any other information accompanying the application or in any other document submitted to CASA by the applicant for the application.

Subregulation 142.085(3) provides that, for paragraphs 142.085(1)(c) to (e), the matters CASA may consider in deciding whether a person is a fit and proper person include: the person's criminal record; the person's bankruptcy; the person's history of serious behavioural problems; evidence held by CASA that the person has contravened civil aviation legislation or another law relating to transport (including aviation) safety; the person's demonstrated attitude towards compliance with regulatory requirements relating to transport safety; the record of compliance with regulatory requirements relating to transport safety of any corporation in which the person is or was a director or partner or occupied a position equivalent to any of the applicant's key personnel; for any corporation in which the person is or was an officer or held a position equivalent to any of the applicant's key personnel--the corporation's criminal record, record of insolvency, bankruptcy, receivership or winding up; the corporation's record as to share dealings or financial affairs and any other matter relating to the fitness of the person.

Regulation 142.090 - AOC- holders of existing AOCs

Subregulation 142.090(1) provides that, if an applicant holds an AOC that authorises the conduct of operations other than the proposed Part 142 activities, and CASA decides to issue an AOC to the applicant that authorises the conduct of the activities, the applicant must ask CASA, in writing, to cancel the applicant's existing AOC.

Subregulation 142.090(2) provides that on receipt of the request CASA must cancel the applicant's existing AOC and issue a new AOC that authorises the conduct of the operations authorised by the existing AOC and the proposed Part 142 activities.

Regulation 142.095 provides that, if CASA issues an AOC to an applicant that authorises the conduct of the proposed Part 142 activities, CASA is taken to have also approved the applicant's proposed exposition.

Regulation 142.100 - AOC - conditions

Subregulation 142.100(1) provides, for paragraph 28BA(1)(b) of the Act, the various conditions of an AOC issued to an operator that authorises the conduct of Part 142 activities.

Subregulation 142.100(2) provides the time periods for which the positions of chief executive officer and safety manager/head of operations and safety manager can be held temporarily by the same person.

Division 142.B.2 - Certificates for Part 142 activities conducted in flight simulation training devices

Division 142.B.2, inclusive of regulations 142.105 to 142.130, provides for the issue of certificates for Part 142 activities conducted in flight simulation training devices.

Regulation 142.105 - Certificate--application

Subregulation 142.105(1) provides that a person may apply to CASA for a certificate authorising the person to conduct Part 142 activities in flight simulation training devices.

Subregulation 142.105(2) provides the information required in the application.

Subregulation 142.105(3) provides that an application must be accompanied by a copy of the applicant's proposed exposition and be signed by the person appointed, or proposed to be appointed, as the applicant's chief executive officer.

Regulation 142.110 - Certificate--issue

Subregulation 142.110(1) provides that, subject to regulation 11.055, CASA must issue the certificate if satisfied of each of the following: the conditions for issue of an AOC under subregulation 142.085(1); that the applicant's organisation and chain of command is suitable; the applicant has a sufficient number of qualified and competent personnel; the applicant's facilities are sufficient to enable the activities to be conducted safely; and the applicant's organisation has suitable procedures and practices to control the organisation and ensure that activities can be conducted safely.

Subregulation 142.110(2) provides that, for subregulation 142.110(1), in deciding whether an applicant is capable of conducting the activities safely and in accordance with its exposition and civil aviation legislation, CASA must consider the matters set out in paragraphs 142.085(2)(a), (b) and (d) to (f) and the content of the chief executive officer's undertaking under paragraph 142.105(2)(b).

Subregulation 142.110(3) provides that, for subregulation 142.110(1), the matters CASA may consider in deciding whether a person is a fit and proper person include the matters mentioned in subregulation 142.085(3).

Subregulation 142.110(4) provides that, for regulation 142.110, regulation 142.085 applies to an application for a certificate as if a reference to an AOC were a reference to a certificate and any other necessary changes were made.

Subregulation 142.110(5) provides that, if CASA decides to issue the certificate, CASA must determine the Part 142 activities the applicant is authorised to conduct in flight simulation training devices, including any limitations or conditions in relation to the activities.

Subregulation 142.110(6) requires that the certificate includes the matters mentioned in subregulation 142.110(5) and a certificate reference number determined by CASA.

Subregulation 142.110(7) provides that, if under regulation 142.145, CASA approves a significant change to a Part 142 operator that holds a certificate under Division 142.B.2, CASA may issue a new certificate to the operator.

Regulation 142.115 provides that, if CASA issues a certificate to an applicant, CASA is taken to have also approved the applicant's proposed exposition.

Regulation 142.120 - conditions

Subregulation 142.120(1) provides the conditions of a certificate issued to an operator under Division 142.B.2.

Subregulation 142.120(2) provides the time periods for which the positions of chief executive officer and quality assurance manager/head of operations and quality assurance manager could be held temporarily by the same person.

Regulation 142.125 - Certificate holders--reference library

Subregulation 142.125(1) provides that a Part 142 operator that holds a certificate under Division 142.B.2 commits an offence if the operator does not maintain a reference library that complies with subregulation 142.125(2). The penalty for the offence is 50 penalty units.

Subregulation 142.125(2) provides the required contents of the reference library, the requirements regarding availability of the library to all members of the operator's personnel, and the requirement that the library must be up-to-date and in a readily accessible form.

Subregulation 142.125(3) provides that a Part 142 operator commits an offence if the operator does not keep up-to-date records of the distribution of operational documents to members of the operator's personnel. The penalty for the offence is 50 penalty units.

Subregulation 142.125(4) provides that an offence against regulation 142.125 is an offence of strict liability.

Regulation 142.130 provides that regulations 11.070 to 11.075, regarding notifying CASA of changes, do not apply to certain changes made by Part 142 operators that hold certificates under Division 142.B.2.

Subpart 142.C - Part 142 operators--changes

Subpart 142.C, inclusive of regulations 142.135 to 142.155 sets out requirements for certain changes by Part 142 operators.

Regulation 142.135 - Part 142 operators--changes of name etc

Subregulation 142.135(1) provides that a Part 142 operator commits an offence if the operator changes its name (including any operating or trading name), address, headquarters or contact details and does not, before making the change, amend its exposition to reflect the change, give CASA written notice of the change and provide a copy of the amended part of the exposition clearly identifying the change. The penalty for the offence is 50 penalty units.

Subregulation 142.135(2) provides that an offence against regulation 142.135 is an offence of strict liability.

Regulation 142.140 - Part 142 operators--application for approval of significant change

Subregulation 142.140(1) provides that a Part 142 operator commits an offence if the operator makes a significant change, other than a significant change mentioned in subregulation 142.140(2) or 142.140(3), and CASA has not approved the significant change. The penalty for the offence is 50 penalty units.

Subregulation 142.140(2) provides that a Part 142 operator commits an offence if the operator permanently appoints any of its key personnel to a position, that the person was previously authorised to act in temporarily under subregulation 142.340(1)(e)(iv), and the operator does not apply to CASA for approval of the change within seven days. The penalty for the offence is 50 penalty units.

Subregulation 142.140(3) provides that a Part 142 operator commits an offence if the operator permanently appoints any of its key personnel to a position, that the person was not previously authorised to act in temporarily under subregulation 142.340(1)(e)(iv), and the operator does not apply to CASA for approval of the change within three days. The penalty for the offence is 50 penalty units.

Subregulation 142.140(4) provides that an application for approval of a significant change must be in writing, set out the change and be accompanied by a copy of the part of the exposition affected by the change, clearly identifying the change.

Subregulation 142.140(5) provides that an offence against regulation 142.140 is an offence of strict liability.

Regulation 142.145 - Part 142 operators--approval of significant changes

Subregulation 142.145(1) provides that CASA may approve a significant change for a Part 142 operator that holds an AOC authorising the operator to conduct Part 142 activities, only if CASA is satisfied that the requirements mentioned in section 28 of the Act and subregulation 142.085(1) will continue to be met.

Subregulation 142.145(2) provides that, subject to regulation 11.055, CASA must approve a significant change for a Part 142 operator that holds a certificate under Division 142.B.2 if satisfied that the requirements mentioned in subregulation 142.110(1) will continue to be met.

Subregulation 142.145(3) provides that, if CASA approves a significant change, CASA is taken to have also approved the changes to the operator's exposition covered by the application.

Regulation 142.150 - Part 142 operators--process for making changes

Subregulation 142.150(1) provides that a Part 142 operator commits an offence if the operator makes a change and the change is not made in accordance with the process described in the operator's exposition for making changes. The penalty for the offence is 50 penalty units.

Subregulation 142.150(2) provides that an offence against regulation 142.150 is an offence of strict liability.

Regulation 142.155 - Part 142 operators--CASA directions relating to exposition or key personnel

Subregulation 142.155(1) provides that, if satisfied that it is necessary in the interests of aviation safety, CASA may direct a Part 142 operator to remove, include, revise or vary particular information, procedures or instructions in its exposition.

Subregulation 142.155(2) provides that CASA may direct a Part 142 operator to remove any of the operator's key personnel from the person's position if CASA is satisfied that the person is not carrying out the responsibilities of the position or if the person is the chief executive officer--not properly managing matters for which the person is accountable.

Subregulation 142.155(3) provides that a direction under regulation 142.155 must be in writing and state the time within which the direction must be complied with.

Subregulation 142.155(4) provides that a Part 142 operator commits an offence if CASA gives the operator a direction under regulation 142.155 and the operator does not comply with the direction within the time stated in the direction. The penalty for the offence is 50 penalty units.

Subregulation 142.155(5) provides that an offence against regulation 142.155 is an offence of strict liability.

Subpart 142.D - Part 142 operators--organisation and personnel

Subpart 142.D, inclusive of regulations 142.160 to 142.215, sets out requirements in relation to an operator's organisation and personnel under Part 142.

Regulation 142.160 - Part 142 operators--organisation and personnel

Subregulation 142.160(1) requires a Part 142 operator to maintain an organisational structure that effectively manages its authorised Part 142 activities, taking into account the matters specified.

Subregulation 142.160(2) provides that a Part 142 operator commits an offence if any of the operator's key personnel carries out a responsibility of the person's position otherwise than in accordance with the operator's exposition or Subpart 142.D. The penalty for the offence is 50 penalty units.

Regulation 142.165 - Part 142 operators--key personnel cannot carry out responsibilities

Subregulation 142.165(1) provides that a Part 142 operator commits an offence if the operator becomes aware that any of its key personnel cannot carry out, or are likely to be unable to carry out, their responsibilities for a period of longer than 35 days and the operator does not tell CASA of the matter within the time mentioned in subregulation 142.165(2). The penalty for the offence is 50 penalty units.

Subregulation 142.165(2) provides that, for paragraph 142.165(1)(b), if there is not another person authorised to carry out the responsibilities for all or part of the period the operator must inform CASA within 24 hours of becoming aware of the matter; or, if there is another person authorised to carry out the responsibilities for all or part of the period, the operator must inform CASA within 3 days of becoming aware of the matter.

Regulation 142.170 provides that a Part 142 operator must ensure that key personnel have completed the necessary training and are familiar with the responsibilities of their position before they are appointed to carry out those responsibilities.

Regulation 142.175 requires that the chief executive officer of a Part 142 operator has sufficient relevant experience in organisational, operational, financial and people management of air operations to enable the operator to conduct safe operations in accordance with its exposition and civil aviation legislation.

Regulation 142.180 - Part 142 operators--chief executive officer: responsibilities and accountabilities

Subregulation 142.180(1) sets out certain responsibilities of the chief executive officer of a Part 142 operator.

Subregulation 142.180(2) provides that the chief executive officer of a Part 142 operator is accountable to the operator and CASA for ensuring the responsibilities mentioned in subregulation 142.180(1) are carried out effectively.

Regulation 142.185 - Part 142 operators--head of operations: qualifications and experience

Subregulation 142.185(1) provides that the head of operations of a Part 142 operator must meet the requirements mentioned in subregulation 142.185(2) or hold an approval under regulation 142.040 to be the head of operations for the operator.

Subregulation 142.185(2) provides the requirements for paragraph 142.185(1)(a), being technical qualifications, experience and knowledge requirements for the head of operations of a Part 142 operator.

Subregulation 142.185(3) provides, for paragraph 142.185(2)(b), that the head of operations must hold an air transport pilot licence if any of the activities relate to the operation of an aircraft for a multi-crew operation, and in any other case, either a commercial pilot licence or an air transport pilot licence.

Subregulations 142.185(4) and (5) provide specific flight time and management experience requirements for the head of operations.

Subregulation 142.185(6) provides that CASA may, by written notice given to a head of operations, or proposed head of operations of a Part 142 operator, direct the person to undertake an assessment mentioned in subregulation 142.185(7).

Subregulation 142.185(7) provides that, for subregulation 142.185(6), the assessment is an assessment conducted by CASA or a person nominated by CASA to demonstrate suitability as head of operations for the operator and may include assessment in an aeroplane, rotorcraft, airship or flight simulation training device.

Regulation 142.190 - Part 142 operators--head of operations: responsibilities

Subregulation 142.190(1) provides that the head of operations of a Part 142 operator must safely manage the authorised Part 142 activities of the operator.

Subregulation 142.190(2) sets out various responsibilities of the head of operations of a Part 142 operator.

Regulation 142.195 sets out experience and knowledge requirements for a safety manager of a Part 142 operator.

Regulation 142.200 - Part 142 operators--safety manager: responsibilities

Subregulation 142.200(1) provides that the safety manager of a Part 142 operator must manage the safety management system of the operator.

Subregulation 142.200(2) sets out responsibilities of the safety manager of a Part 142 operator.

Regulation 142.205 sets out experience and knowledge requirements for a quality assurance manager of a Part 142 operator.

Regulation 142.210 - Part 142 operators--quality assurance manager: responsibilities

Subregulation 142.210(1) provides that the quality assurance manager of a Part 142 operator must manage the quality assurance management system of the operator.

Subregulation 142.210(2) sets out responsibilities of the quality assurance manager of a Part 142 operator.

Regulation 142.215 - Part 142 operators--key personnel: additional qualifications and experience requirements

Subregulation 142.215(1) provides that regulation 142.215 applies to applicants for a Part 142 authorisations and Part 142 operators.

Subregulation 142.215(2) provides that CASA may, by written notice given to the applicant or operator, direct that any of the key personnel of the applicant or operator must have stated qualifications or experience, additional to those otherwise required under Subpart 142.D.

Subregulation 142.215(3) provides that, in deciding whether to give a direction under regulation 142.215, CASA must have regard to, but is not limited to considering, the matters specified.

Subregulation 142.215(4) provides that, if satisfied that it is necessary in the interests of aviation safety, CASA may direct any of the key personnel of the applicant or operator to undertake a stated examination, be interviewed by CASA or complete a stated training course.

Subpart 142.E - Part 142 operators--instructors and examiners

Subpart 142.E, inclusive of regulations 142.220 to 142.245, sets out certain requirements and offences for instructors and examiners of Part 142 operators.

Regulation 142.220 - Part 142 activities - instructors and examiners must comply with Part 142 authorisation

Subregulation 142.220(1) provides that an instructor or examiner for a Part 142 operator commits an offence if the instructor or examiner conducts a Part 142 activity otherwise than in accordance with the operator's Part 142 authorisation. The penalty for the offence is 50 penalty units.

Subregulation 142.220(2) provides that an offence against regulation 142.220 is an offence of strict liability.

Regulation 142.225 - Part 142 activities--instructors and examiners must comply with exposition

Subregulation 142.225(1) provides that an instructor or examiner for a Part 142 operator commits an offence if the instructor or examiner conducts an authorised Part 142 activity for the operator otherwise than in accordance with the operator's exposition. The penalty for the offence is 50 penalty units.

Subregulation 142.225(2) provides that an offence against regulation 142.225 is an offence of strict liability.

Regulation 142.230 - Part 142 operators--instructors and examiners must be authorised under Part 61

Subregulation 142.230(1) provides that a Part 142 operator commits an offence if an instructor or examiner for the operator conducts an authorised Part 142 activity for the operator and the instructor or examiner is not authorised under Part 61 to conduct the activity. The penalty for the offence is 50 penalty units.

Subregulation 142.230(2) provides that an offence against regulation 142.230 is an offence of strict liability.

Regulation 142.235 - Part 142 operators--instructors and examiners must have access to records

Subregulation 142.235(1) provides that a Part 142 operator commits an offence if an instructor or examiner for the operator conducts an authorised Part 142 activity for the operator and the instructor or examiner does not have access to the operator's records for the persons participating in the activity. The penalty for the offence is 50 penalty units.

Subregulation 142.235(2) provides that an offence against regulation 142.235 is an offence of strict liability.

Regulation 142.240 - Part 142 operators--instructors and examiners must be competent to conduct authorised Part 142 activities in flight simulation training devices

Subregulation 142.240(1) provides that a Part 142 operator commits an offence if an instructor or examiner for the operator conducts an authorised Part 142 activity for the operator in a flight simulation training device and the instructor or examiner has not been assessed by the operator as competent to conduct the activity in the device. The penalty for the offence is 50 penalty units.

Subregulation 142.240(2) provides that an offence against regulation 142.240 is an offence of strict liability.

Regulation 142.245 - Part 142 operators--person recommended for flight test

Subregulation 142.245(1) provides that the Part 142 operator and the operator's head of operations each commit an offence if the head of operations, or a responsible person listed in the exposition, recommend a flight test for a person who is not eligible under regulation 61.235 to take the test. The penalty for the offence is 50 penalty units.

Subregulation 142.245(2) provides that an offence against regulation 142.245 is an offence of strict liability.

Subpart 142.F - Part 142 operators--training management system

Subpart 142.F, inclusive of regulations 142.250 and 142.255, sets out the requirements for an operator training management system under Part 142.

Regulation 142.250 provides that a Part 142 operator must have a training management system that meets the requirements of regulation 142.255.

Regulation 142.255 provides that the training management system for a Part 142 operator must include course outlines, syllabuses and standards, procedures to be followed when a standard is not met and an auditable system for maintaining records of training results.

Subpart 142.G - Part 142 operators--safety management system

Subpart 142.G, inclusive of regulations 142.260 and 142.265, provides the requirements for operators of aircraft and flight simulation training devices, regarding safety management systems and what these systems must address under Part142.

Regulation 142.260 provides that a Part 142 operator, who conducts authorised Part 142 activities in aircraft only, or in aircraft and flight simulation training devices, must have a safety management system that meets the requirements of regulation 142.265.

Regulation 142.265 - Part 142 operators--safety management system requirements

Subregulation 142.265(1) provides that the safety management system must be a systemic approach to managing safety that includes various matters specified in subregulations 142.265(2) and 142.275(2) as relevant; ensures that the operator's authorised part 142 activities are conducted in a planned and systematic manner; identifies and addresses deficiencies in training outcomes and integrates human factors principles.

Subregulation 142.265(2) provides, for paragraph 142.265(1)(a), the matters the safety management system must address. These relate to: organisational structures; accountabilities; policies and procedures; safety policy; objectives and planning; a safety risk management system; a safety assurance system and a safety training and promotion system.

Subregulation 142.265(3) sets out, for subparagraph 142.265(2)(d)(ii), which aircraft the operator must have a flight data analysis program as an element of their safety assurance system. This is for aeroplanes with a maximum take-off weight of more than 27 000 kg and rotorcraft with a maximum take-off weight of more than 7 000 kg.

Subregulation 142.265(4) sets out, for subparagraph 142.265(2)(d)(ii), the specific requirements for the flight data analysis program, including requirements to protect the identity of persons who are the source of data from disclosure and protecting the persons from punitive action by the operator.

Subregulation 142.265(5) provides that, for subparagraph 142.265(4)(b)(ii), the provision of the flight data analysis program by an appropriate person does not in any way compromise the operator's responsibility to provide and ensure the effectiveness of the program.

Subregulation 142.265(6) provides that, for paragraph 142.265(4)(c), the identity of a person who is the source of data may be disclosed with the written consent of the person or under a court order.

Subregulation 142.265(7) provides that, for paragraph 142.265(4)(c), the identity of a person who is the source of data may be disclosed, and the operator may take punitive action against the person if the operator has evidence that the person deliberately contravened a provision of civil aviation legislation or the operator's exposition, or persistently engaged in unsafe actions without appropriate safety reasons.

Subregulation 142.265(8) provides that the safety management system must include processes for: auditing the activities, promoting continual improvement of the activities, evaluating training outcomes, regularly assessing the operator's facilities and resources, and recommending changes to the safety management system, training management system and internal training and checking system.

Subpart 142.H - Part 142 operators--quality assurance management system

Subpart 142.H, inclusive of regulations 142.270 and 142.275, provides the requirements for an operator that conducts authorised Part 142 activities in flight simulation training devices to have a quality assurance system.

Regulation 142.270 provides that a Part 142 operator conducting authorised Part 142 activities only in flight simulation training devices must have a quality assurance management system that meets the requirements of regulation 142.275.

Regulation 142.275 - Part 142 operators--quality assurance management system requirements

Subregulation 142.275(1) provides that the quality assurance system must ensure the correct operation and maintenance of the flight simulation training devices and ensure that the operator's authorised Part 142 activities are conducted in a planned and systematic manner that identifies and addresses deficiencies in training outcomes.

Subregulation 142.275(2) provides that the quality assurance system must include: quality policy, management responsibility, document control, resource allocation, quality procedures and internal audit.

Subregulation 142.275(3) provides that the system must include processes for: auditing the activities, promoting continual improvement of the activities, evaluating training outcomes, regularly assessing the operator's facilities and resources, and for recommending changes to the quality assurance management system, training management system and internal training and checking system.

Subpart 142.I - Part 142 operators--personnel fatigue management

Subpart 142.I is reserved for future use.

Subpart 142.J - Part 142 operators--internal training and checking

Subpart 142.J, inclusive of regulations 142.310 to 142.335, contains provisions for internal training and checking for operators under Part 142.

Regulation 142.310 provides that a Part 142 operator must have an internal training and checking system for its personnel that meets the requirements of regulation 142.315.

Regulation 142.315 provides the requirements for the internal training and checking system for a Part 142 operator. These include: a description of the internal training and checking; a description of duties and responsibilities assigned to personnel; details of any cyclic training and proficiency program; procedures that ensure personnel understand the operator's training management system, complete the required internal training and checking and are supervised effectively; command responsibility during internal training and checking; numbers of check pilots required and crew qualifications; any general restrictions, specifications or safety precautions for internal training and checking; methods of conducting internal training and checking; procedures to ensure instructors hold a valid standardisation and proficiency check; and procedures to ensure that instructors who use a flight simulation training device are competent to use the device.

Regulation 142.320 - Part 142 operators--proficiency of instructors

Subregulations 142.320(1) and (2) provides that a Part 142 operator commits an offence if an instructor conducts an authorised Part 142 activity for the operator and the instructor does not hold a valid standardisation and proficiency check for the operator, or is not participating successfully in the operator's approved cyclic training and proficiency program. The penalty for the offence is 50 penalty units.

Subregulation 142.320(3) provides that an offence against regulation 142.320 is an offence of strict liability.

Regulation 142.325 - Part 142 operators--holding valid standardisation and proficiency check for operator

Subregulation 142.325(1) provides that an instructor for a Part 142 operator holds a valid standardisation and proficiency check for the operator if the instructor has completed the operator's standardisation and proficiency check successfully, the check complies with regulation 142.330 and, under subregulation 142.325(2) or (3), the check is valid.

Subregulation 142.325(2) provides that a standardisation and proficiency check is valid for the period beginning the day the check is completed and ending 12 months after the end of the month in which the check was completed.

Subregulation 142.325(3) provides that, if an instructor holds a standardisation and proficiency check that is valid under subregulation 142.325(2) (the existing check) and the instructor successfully completes a new standardisation and proficiency check on a day that is less than 3 months before the day on which the existing check is due to expire, then the new check is valid for 12 months beginning at the end of the day on which the existing check expires.

Regulation 142.330 - Part 142 operators--standardisation and proficiency check requirements

Subregulation 142.330(1) provides that a Part 142 operator's standardisation and proficiency check for an instructor must check the competency of the instructor to conduct the Part 142 activity that the operator has engaged the instructor to conduct.

Subregulation 142.330(2) provides that the check must be carried out by the operator's head of operations or a person authorised to conduct the check by the operator's head of operations.

Regulation 142.335 - Part 142 operators-- training and assessment of instructors and examiners in human factors principles

Subregulation 142.335(1) provides that a Part 142 operator commits an offence if an instructor or examiner conducts an authorised Part 142 activity for the operator and the instructor or examiner has not completed the operator's training and assessment in human factors principles. The penalty for the offence is 50 penalty units.

Subregulation 142.335(2) provides that an offence against regulation 142.335 is an offence of strict liability.

Subpart 142.K - Part 142 operators--expositions

Subpart 142.K, inclusive of regulations 142.340 to 142.350, sets out the requirements for operators' expositions under Part 142.

Regulation 142.340 - Part 142 operators--content of exposition

Subregulation 142.340(1) sets out the information that must be included in a Part 142 operator's exposition.

Subregulation 142.340(2) provides that a manual mentioned in paragraph 142.340(1)(o) or any of subparagraphs 142.340(1)(s)(ii) to (vi) may be included as part of the operator's operations manual.

Subregulation 142.340(3) provides that an exposition for a Part 142 operator may include a list of material required for the operator's reference library.

Regulation 142.345 - Part 142 operators--compliance with exposition by operator

Subregulation 142.345(1) provides that a Part 142 operator commits an offence if the operator contravenes a provision of its exposition. The penalty for the offence is 50 penalty units.

Subregulation 142.345(2) provides that an offence against regulation 142.345 is an offence of strict liability.

Regulation 142.350 - Part 142 operators--providing personnel with exposition

Subregulation 142.350(1) provides that a Part 142 operator commits an offence if the operator's exposition relates to the duties of any of the operator's personnel and the operator does not make the part of the exposition that relates to the duties available to the person before the person begins carrying out the duties. The penalty for the offence is 50 penalty units.

Subregulation 142.350(2) provides that an offence against regulation 142.350 is an offence of strict liability.

Subpart 142.L - Part 142 operators--logs and records

Subpart 142.L, inclusive of regulations 142.355 and 142.360, sets out the requirements for Part 142 operators to keep logs and records.

Regulation 142.355 - Part 142 operators--making and keeping records

Subregulation 142.355(1) provides that a Part 142 operator commits an offence if a person participates in an authorised Part 142 activity conducted by the operator and a record of the person's participation, including a description and assessment of the person's performance, is not made within 21 days after the activity is conducted. The penalty for the offence is 50 penalty units.

Subregulation 142.355(2) provides that a Part 142 operator commits an offence if the operator does not retain a record made under subregulation 142.355(1) for at least 7 years after the record is made. The penalty for the offence is 50 penalty units.

Subregulation 142.355(3) provides that an offence against regulation 142.355 is an offence of strict liability.

Regulation 142.360 - Part 142 operators--availability of records

Subregulation 142.360(1) provides that a Part 142 operator commits an offence if the operator does not make a record made under regulation 142.355 available, on request, to the person to whom the record relates. The penalty for the offence is 50 penalty units.

Subregulation 142.360(2) provides that if a Part 142 operator makes a record under regulation 142.355 and has written authorisation, from the person to whom the record relates, to provide a copy to another Part 142 operator, the operator (the first operator) commits an offence it receives a request for a copy of the record, from another Part 142 operator, and does not provide a copy of the record within 7 days. The penalty for the offence is 50 penalty units.

Subregulation 142.360(3) provides that an offence against regulation 142.360 is an offence of strict liability.

Subpart 142.M - Part 142 operators--miscellaneous offences

Subpart 142.M, inclusive of regulations 142.365 to 142.390, sets out certain offences in relation to Part 142.

Regulation 142.365 - Part 142 operators--pilot in command for training to be authorised under Part 61

Subregulation 142.365(1) provides that a Part 142 operator commits an offence if a person flies an aircraft for authorised Part 142 flight training as pilot in command and the person is not authorised under Part 61 to fly the aircraft as pilot in command. The penalty for the offence is 50 penalty units.

Subregulation 142.365(2) provides that an offence against regulation 142.365 is an offence of strict liability.

Regulation 142.370 - Part 142 operators--carriage of passengers prohibited during abnormal operations or low-flying activity

Subregulation 142.370(1) provides that a Part 142 operator commits an offence if an aircraft is used to conduct an authorised Part 142 activity and during the flight a simulated engine or system failure or a low-flying activity is conducted with a passenger on board. The penalty for the offence is 50 penalty units.

Subregulation 142.370(2) provides that an offence against regulation 142.370 is an offence of strict liability.

Regulation 142.375 - Part 142 operators--authorisation of carriage of passengers

Subregulation 142.375(1) provides that a Part 142 operator commits an offence if a person flies an aircraft in an authorised Part 142 activity for the operator as pilot in command, the operator authorises the carriage of a passenger on the flight, and the person in not authorised under Part 61 to fly the aircraft as pilot in command with a passenger on board. The penalty for the offence is 50 penalty units.

Subregulation 142.375(2) provides that an offence against regulation 142.375 is an offence of strict liability.

Regulation 142.380 - Part 142 operators--integrated training courses: transfer of student from another Part 142 operator

Subregulation 142.380(1) provides that regulation 142.380 applies if a person seeks to undertake part of an integrated training course with a Part 142 operator (the current operator) and the person has previously undertaken part of the course with one or more other Part 142 operators (the previous operator(s)).

Subregulation 142.380(2) provides that the current operator commits an offence if the operator provides part of the course to the person and the operator does not meet the requirement mentioned in subregulation 142.380(3). The penalty for the offence is 50 penalty units.

Subregulation 142.380(3) provides that, for paragraph 142.380(2)(b), the current operator must have determined what part of the course the person has completed with the previous operator(s) and what part of the course the person needs to complete with the current operator to ensure that, taken together, the parts of the course provided by the previous and current operators will meet the standards as specified in the Part 61 Manual of Standards for the course.

Subregulation 142.380(4) provides that an offence against regulation 142.380 is an offence of strict liability.

Regulation 142.385 - Part 142 operators--holders of student pilot licence conducting solo flights

Subregulation 142.385(1) provides that a Part 142 operator commits an offence if the holder of a student pilot licence, who is undertaking Part 142 flight training that is a Part 142 activity of the operator, conducts a solo flight of a kind mentioned in subregulation 142.385(2) for the first time and the holder does not meet a requirement mentioned in subregulation 142.385(3). The penalty for the offence is 50 penalty units.

Subregulation 142.385(2) provides that, for paragraph 142.385(1)(a), the kinds of solo flight are a circuit training flight, a flight between an aerodrome and the flight training area for the aerodrome, a cross-country flight, or a flight at night.

Subregulation 142.385(3) provides that, for paragraph 142.385(1)(b), the holder of a student pilot licence must have completed training in all units of competency mentioned in the Part 61 Manual of Standards for the conduct of a solo flight of that kind, and have been assessed as competent against the standards.

Subregulation 142.385(4) provides that a Part 142 operator commits an offence if the holder of a student pilot licence, who is undertaking the operator's authorised Part 142 flight training, conducts a solo flight for the first time and the holder does not meet a requirement mentioned in subregulation 142.385(5). The penalty for the offence is 50 penalty units.

Subregulation 142.385(5) provides that for paragraph 142.385(4)(b), the requirements are that the holder must have been briefed appropriately for the flight and the holder must be capable of conducting the flight safely.

Subregulation 142.385(6) provides that an offence against subregulation 142.385(1) is offence of strict liability.

Subregulation 142.385(7) provides that strict liability applies to paragraph 142.385(4)(a).

Subregulation 142.385(8) provides that, in regulation 142.385, the definitions of cross-country flight and solo are in accordance with regulation 61.010.

Regulation 142.390 - Part 142 operators--dealings in relation to cancelled, suspended, varied, pending or refused civil aviation authorisations: when approval required

Subregulation 142.390(1) provides that a Part 142 operator commits an offence if the operator does an act mentioned in subregulation 142.390(2), (4), (6) or (8) and the operator does not hold an approval under regulation 142.040 to do the act. The penalty for the offence is 50 penalty units.

Subregulation 142.390(2) provides that, for paragraph 142.390(1)(a), the acts include using aircraft previously authorised by a cancelled authorisation, employing persons previously employed in connection with a cancelled authorisation, and conducting operations previously authorised by a cancelled authorisation.

Subregulation 142.390(3) provides that subregulation 142.390(4) applies in relation to a suspended or varied authorisation.

Subregulation 142.390(4) provides that, for paragraph 142.390(1)(a), the acts include using aircraft, employing persons, or conducting operations that were previously authorised, but are no longer authorised, under an authorisation that has been suspended or varied.

Subregulation 142.390(5) provides that subregulation 142.390(6) applies in relation to an application for a civil aviation authorisation that has not been finally determined by CASA.

Subregulation 142.390(6) provides that, for paragraph 142.390(1)(a), the acts include using aircraft, employing persons or conducting operations that are subject to pending applications for a civil aviation authorisation.

Subregulation 142.390(7) provides that subregulation 142.390(8) applies in relation to an application for a civil aviation authorisation that has been refused by CASA.

Subregulation 142.390(8) provides that, for paragraph 142.390(1)(a), the acts include using aircraft, employing persons or conducting operations that are the subject of applications for authorisations that have previously been refused by CASA.

Subregulation 142.390(9) provides that an offence against regulation 142.390 is an offence of strict liability.

Subregulation 142.390(10) provides definitions for the terms cancelled authorisation, employ, suspended authorisation and varied authorisation for regulation 142.390.

Item [40] Regulation 143.010, definition of Registered Training Organisation

Item [40] omits the definition of registered training organisation

Item [41] Regulation 143.105, heading

Item [41] substitutes the heading of regulation 143.105 to read "Status as registered training organisation"

Item [42] Subregulation 147.010(1), definition of registered training organisation

Item [42] omits the definition of registered training organisation.

Item [43] After regulation 200.020

Item [43] inserts new regulation 200.025 Flying unregistered aircraft.

Regulation 200.025 provides that, for subsection 20AB(1) of the Act, a person is authorised to perform a duty that is essential to the operation of an unregistered Australian aircraft during flight time without holding a civil aviation authorisation if the person holds a pilot certificate granted by a sport aviation body that administers aviation activities in the aircraft and the person operates the aircraft in accordance with the sport aviation body's operations manual.

Item [44] Subparts 202.CB to 202.CE (transitional provisions for Parts 61 and 64)

Item [44] provides for the substitution of new Subpart 202.CB, inclusive of regulations 202.260 to 202.278, and new Subpart 202.CE, inclusive of regulations 202.300 to 202.312. Item [44] also omits the previously reserved heading for Subpart 202.CD, which is no longer required.

Subpart 202.CB - Transitional provisions for Part 61 (Flight crew licensing)

Division 202.C.B.1 - General

Regulation 202.260 provides that Subpart 202.CB does not apply in relation to an old authorisation for a balloon.

Regulation 202.261 provides the definitions for Subpart 202.CB.

Division 202.CB.2 - Continued authorisations

Regulation 202.263 - Continuation of old authorisations

Subregulation 202.263(1) provides that despite the amendments, an old authorisation that was in force immediately before 4 December 2013 is continued in force on and after 4 December 2013 according to its terms.

Subregulation 202.263(2) provides that Part 61 applies to the continued authorisation as if it were the equivalent new authorisation.

Subregulation 202.263(3) provides that the continued authorisation ceases to be in force at its cessation time.

Subregulation 202.263(4) provides that subregulation 202.263(3) applies despite Parts 11 and 61.

Regulation 202.264 - Continuation of suspended old authorisations

Subregulation 202.264(1) provides that regulation 202.264 applies to an old authorisation that was under suspension immediately before 4 December 2013.

Subregulation 202.264(2) provides that, despite the amendments, the suspension continues according to its terms on and after 4 December 2013 and if the suspension ends before the cessation time for the authorisation, the old authorisation comes back into force and continues in force until its cessation time. Part 61 applies to the continued authorisation as if it were the equivalent new authorisation.

Subregulation 202.264(3) provides that subparagraph 262.264(2)(b)(iv) applies despite Parts 11 and 61.

Regulation 202.265 provides that the action to vary, suspend or cancel a person's old authorisation that, immediately before 4 December 2013, had not been finally determined is taken to be the same action in relation to the person's continued authorisation.

Regulation 202.266 - Removal of conditions on certain continued authorisations

Subregulation 202.266(1) provides that subregulation 202.266(2) applies to a continued authorisation that is equivalent to a pilot licence if the authorisation is subject to the condition that operations are limited to: a flight within 25 nautical miles of the departure aerodrome, or flight within a flight training area, or flight direct between the departure aerodrome and a flight training area.

Subregulation 202.266(2) provides that if a condition of subregulation 202.266(2) applies, CASA must remove the condition if the licence holder applies to CASA, in writing, for the removal of the condition and the licence holder meets the requirements for the grant of a private pilot licence or commercial pilot licence under Part 61.

Subregulation 202.266(3) provides that subregulation 202.266(4) applies to a continued authorisation that is equivalent to a pilot licence if the authorisation is subject to the condition that operations as pilot in command are limited to uncontrolled airspace and any other class of airspace endorsed in the licence holder's personal log book by an instructor before 4 December 2013.

Subregulation 202.266(4) provides that if subregulation 202.266(4) applies, CASA must remove the condition if the licence holder applies to CASA, in writing, for the removal of the condition and the licence holder meets the requirements of a controlled airspace endorsement under Part 61.

Subregulation 202.266(5) provides that subregulation 262.266(6) applies to a continued authorisation that is equivalent to an instrument rating if the authorisation is subject to the condition that the holder is not authorised to act as pilot in command under the IFR.

Subregulation 202.266(6) provides that if subregulation 202.266(6) applies, CASA must remove the condition, to the extent that it relates to a particular aircraft category or class, if the holder applies to CASA, in writing, for the removal of the condition and the holder meets the requirements, under Part 61, for the grant of an instrument rating and endorsement.

Subregulation 202.266(7) provides that subregulation 202.266(8) applies to a continued authorisation that is equivalent to an aircraft type rating if the authorisation is subject to the condition that the holder must not act as pilot in command of the relevant aircraft type.

Subregulation 202.266(8) provides that if subregulation 202.266(8) applies, CASA must remove the condition if the holder applies to CASA, in writing, for the removal of the condition and the holder meets the requirements for the grant of the type rating under Part 61.

Subregulation 202.266(9) provides that, for regulation 202.266, the definitions of instructor and pilot licence are found in regulation 61.010.

Regulation 202.267 - Flight review and proficiency check requirements

Subregulation 202.267(1) provides that subregulation 202.267(2) applies to the holder of a continued authorisation at a particular time if the continued authorisation is equivalent to a private instrument rating and the holder would have met the flight review requirements for the continued authorisation at that time if the amendments had not been made.

Subregulation 202.267(2) provides that despite Part 61 the holder is taken to meet the flight review requirements for the continued authorisation at that time if the amendments had not been made.

Subregulation 202.267(3) provides that subregulation 202.267(4) applies to the holder of a continued authorisation (the first authorisation) at a particular time if: the first authorisation is equivalent to a rating, other than a private instrument rating, for which there are flight review requirements under Part 61; and the holder holds a continued authorisation (the second authorisation) that is equivalent to a flight crew licence; and the holder would have met the flight review requirements for the second authorisation at that time if the amendments had not been made.

Subregulation 202.267(4) provides that despite Part 61, the holder is taken to meet the flight review requirements for the first authorisation at that time.

Subregulation 202.267(5) provides that subregulation 202.267(6) applies at a particular time if an old authorisation that is continued in force under Subpart 202.CB was, before the amendments, a time-limited authorisation, and would have remained in force at that time if the amendments had not been made.

Subregulation 202.267(6) provides that despite Part 61 the holder of the old authorisation is taken to meet the proficiency check requirements for the equivalent new authorisation at that time.

Subregulation 202.267(7) provides that the holder of a continued authorisation that is equivalent to an instructor rating is not authorised to exercise the privileges of the authorisation after the due date for the holder's first instructor proficiency check, on or after 4 December 2013, unless the holder meets the training and education requirements set out in subregulation 202.267(7).

Regulation 202.268 provides that regulation 61.575 does not apply to the holder of a continued authorisation that is equivalent to a commercial pilot licence if, before 4 December 2013, the holder conducted a multi-crew operation.

Regulation 202.269 - Personal log books under regulation 5.51 of CAR--certain continued authorisations

Subregulation 202.269(1) provides that regulation 202.269 applies to the holder of a continued authorisation that is equivalent to a flight crew licence or a certificate of validation for a flight crew licence.

Subregulation 202.269(2) provides that regulation 61.355 applies to the holder as if a reference to a personal logbook under regulation 61.345 or 61.350 included a reference to the personal logbook that the holder was required to keep under regulation 5.51 of CAR as in force immediately before 4 December 2013.

Subregulation 202.269(3) provides that regulation 61.365 applies to the holder as if a reference to the holder's personal logbook included a reference to the personal logbook that the holder was required to keep under regulation 5.51 of CAR, as in force immediately before 4 December 2013.

Regulation 202.270 - Extended meaning of licence document in Part 61

Subregulation 202.270(1) provides that regulation 202.270 applies to the holder of a continued authorisation.

Subregulation 202.270(2) provides that a reference to a licence document in Part 61 is taken to include a reference to the document, issued to the holder by CASA, showing the authorisations that were granted to the holder before 4 December 2013 under Part 5 of CAR or a Part 5 CAO.

Regulation 202.271 provides that Division 202.CB.2 expires at the end of 3 December 2017 as if it had been repealed by another regulation.

Division 202.CB.3 - New authorisations for holders of continued authorisations

Regulation 202.272 - Grant of equivalent new authorisations

Subregulation 202.272(1) provides that despite Parts 11 and 61, the holder of a continued authorisation is taken to have applied for, and to meet the requirements for the grant of the equivalent new authorisation.

Subregulation 202.272(2) provides that unless the continued authorisation is cancelled under these regulations sooner, CASA must, under the provision of Part 61 that provides for the grant of the authorisation before 4 December 2017, grant the equivalent new authorisation to the holder and issue a new licence document to the holder indicating that the holder holds the equivalent new authorisation.

Subregulation 202.272(3) provides that if, when CASA grants the new authorisation, the continued authorisation is under suspension, the new authorisation is suspended until the time the suspension of the continued authorisation would have ended.

Subregulation 202.272(4) provides that if, when CASA grants the new authorisation, the continued authorisation is subject to a condition, other than a condition set out in a Part 5 CAO, the new authorisation must be granted subject to an equivalent condition.

Regulation 202.273 provides that Division 202.CB.3 expires at the end of 3 December 2017 as if it had been repealed by another regulation.

Division 202.CB.4 - Other Provisions

Regulation 202.274 - Non-finalised applications for old authorisations

Subregulation 202.274(1) provides that an application for the issue of an old authorisation that, immediately before 4 December 2013 had not been fully determined is taken to be an application for the grant of the equivalent new authorisation.

Subregulation 202.274(2) provides that, for subregulation 202.274(1), and despite Parts 11 and 61, if a person met the requirements for the grant of an old authorisation before 4 December 2013, but the old authorisation had not been granted, the person is taken to meet the requirements for the grant of the equivalent new authorisation on 4 December 2013.

Subregulation 202.274(3) provides that regulation 202.274 expires at the end of 3 December 2017 as if it had been repealed by another regulation.

Regulation 202.275 - Eligibility for ratings--former holders of time-limited authorisations

Subregulation 202.275(1) provides that regulation 202.275 applies to a person if, before 4 December 2013, the person held an old authorisation that is equivalent to an operational rating and the old authorisation was time-limited and expired before 4 December 2013.

Subregulation 202.275(2) provides that despite Parts 11 and 61, the person is taken to meet the requirements for the grant of the equivalent operational rating.

Subregulation 202.275(3) provides that the definition of operational rating is contained in regulation 61.010.

Subregulation 202.275(4) provides that regulation 202.275 expires at the end of 3 December 2017 as if it had been repealed by another regulation.

Regulation 202.276 - Flight review and proficiency check requirements for certain new authorisations

Subregulation 202.276(1) provides that subregulation 202.276(2) applies at a particular time to the holder of a new authorisation granted on the basis of regulation 202.272 if the new authorisation has flight review requirements and the holder would have met the flight review requirements for the equivalent continued authorisation if it were still in force at that time.

Subregulation 202.276(2) provides that despite Part 61, the holder is taken to meet the flight review requirements for the new authorisation at that time.

Subregulation 202.276(3) provides that subregulation 202.276(4) applies at a particular time to the holder of a new authorisation granted on the basis of regulation 202.272 if: the new authorisation has proficiency check requirements and is equivalent to an old authorisation that was a time-limited authorisation; and the old authorisation would not have expired by that time if the amendments had not been made.

Subregulation 202.276(4) provides that despite Part 61, the holder is taken to meet the proficiency check requirements for the new authorisation at that time.

Subregulation 202.276(5) provides that subregulation 202.276(6) applies to the holder of an instructor rating granted on the basis of regulation 202.272.

Subregulation 202.276(6) provides that the holder is authorised to exercise the privileges of the rating after the date for the holder's first instructor proficiency check after 4 December 2013 only if the holder has met the training and education requirements set out in subregulation 202.276(6).

Subregulation 202.276(7) provides that regulation 202.276 expires at the end of 3 December 2019 as if it had been repealed by another regulation.

Regulation 202.277 - Personal log books under regulation 5.51 of CAR--certain new authorisations

Subregulation 202.277(1) provides that regulation 202.277 applies to the holder of a flight crew licence or a certificate of validation for a flight crew licence granted on the basis of regulation 202.272.

Subregulation 202.277(2) provides that regulation 61.355 applies to the holder as if a reference to a personal logbook under regulation 61.345 or 61.350 included a reference to the personal logbook that the holder was required to keep under regulation 5.51 of CAR as in force immediately before 4 December 2013.

Subregulation 202.277(3) provides that regulation 61.365 applies to the holder as if a reference to the holder's personal logbook included a reference to the personal logbook that the holder was required to keep under regulation 5.51 of CAR as in force immediately before 4 December 2013.

Regulation 202.278 provides that Subpart 202.CB expires at the end of 3 December 2024 as if it had been repealed by another regulation.

Subpart 202.CE - Transitional provisions for Part 64 (Authorisations for non-licensed personnel)

Division 202.CE.1 - Aircraft radiotelephone operator certificate proficiency

Regulation 202.300 provides the definitions for Division 202.CE.1

Regulation 202.301 - Continuation of old authorisations

Subregulation 202.301(1) provides that despite the repeal of regulation 83A of CAR, an old authorisation that was in force immediately before 4 December 2013 is continued in force on and after 4 December 2013 according to its terms.

Subregulation 202.301(2) provides that these regulations apply to the continued authorisation as if the authorisation were an aeronautical radio operator certificate.

Subregulation 202.301(3) provides that the continued authorisation ceases to be in force at its cessation time.

Subregulation 202.301(4) provides that subregulation 202.301(3) applies despite Parts 11 and 64.

Regulation 202.302 - Continuation of suspended old authorisations

Subregulation 202.302(1) provides that regulation 202.302 applies to an old authorisation that was under suspension immediately before 4 December 2013.

Subregulation 202.302(2) provides that despite the repeal of regulation 83A of CAR, the suspension continues according to its terms on and after 4 December 2013 and provides requirements if the suspension ends before the cessation time for the authorisation.

Subregulation 202.302(3) provides that despite Parts 11 and 64, the old authorisation ceases to be in force at the cessation time for the authorisation.

Regulation 202.303 provides that action to vary, suspend or cancel a person's old authorisation that, immediately before 4 December 2013, had not been finally determined is taken to be the same action in relation to the person's continued authorisation.

Regulation 202.304 - Grant of aeronautical radio operator certificates

Subregulation 202.304(1) provides that despite Parts 11 and 64, the holder of a continued authorisation is taken to have applied for, and to meet the requirements for, the grant of an aeronautical radio operator certificate.

Subregulation 202.304(2) provides that unless the continued authorisation is cancelled sooner, under these Regulations, CASA must, under regulation 64.030, before 4 December 2017, grant an aeronautical radio operator certificate to the holder and issue a new document to the holder, indicating that the holder holds the aeronautical radio operator certificate.

Subregulation 202.304(3) provides that if, when CASA grants the new authorisation, the continued authorisation is under suspension, the aeronautical radio operator certificate is suspended until the time the suspension of the continued authorisation would, according to its terms, have ended.

Subregulation 202.304(4) provides that if, when CASA grants the new authorisation, the continued authorisation is subject to a condition, the aeronautical radio operator certificate must be granted subject to an equivalent condition.

Regulation 202.305 - Non-finalised applications for old authorisations

Subregulation 202.305(1) provides that an application for the issue of an old authorisation that, immediately before 4 December 2013, had not been finally decided is taken to be an application for the grant of an aeronautical radio operator certificate.

Subregulation 202.305(2) provides that for subregulation 202.305(1), and despite Parts 11 and 64, if a person met the requirements for the grant of an old authorisation before 4 December 2013, but the old authorisation had not been granted, the person is taken to meet the requirements for the grant of an aeronautical radio operator certificate on 4 December 2013.

Division 202.CE.2 - Approval to taxi an aeroplane

Regulation 202.307 provides definitions for Division 202.CE.2

Regulation 202.308 - Continuation of old authorisations

Subregulation 202.308(1) provides that despite the substitution of regulation 229 of CAR, as in force immediately before 4 December 2013, an old authorisation that was in force immediately before 4 December 2013 continues in force on and after 4 December 2013 according to its terms.

Subregulation 202.308(2) provides that these regulations apply to the continued authorisation as if the authorisation were a certificate of competency.

Subregulation 202.308(3) provides that the continued authorisation ceases to be in force at its cessation time.

Subregulation 202.308(4) provides that subregulation 202.308(3) applies despite Parts 11 and 64.

Regulation 202.309 - Continuation of suspended old authorisations

Subregulation 202.309(1) provides that regulation 202.309 applies to an old authorisation that was under suspension immediately before 4 December 2013.

Subregulation 202.309(2) provides that despite the substitution of regulation 229 of CAR, as in force immediately before 4 December 2013, the suspension continues according to its terms on and after 4 December 2013 and provides the requirements for the old authorisation if the suspension ends before the cessation time for the authorisation.

Subregulation 202.309(3) provides that, despite Parts 11 and 64, the old authorisation ceases to be in force at the cessation time for the authorisation.

Regulation 202.310 provides that action to vary, suspend or cancel a person's old authorisation that, immediately before 4 December 2013, had not been finally determined is taken to be the same action in relation to the person's continued authorisation.

Regulation 202.311 - Production of continued authorisation

Subregulation 202.311(1) provides that regulation 202.311 applies to the holder of an approval issued under regulation 229 of CAR entitling a person to taxi an aeroplane (a CAR 229 approval) that is continued in force under Subpart 202.CE.

Subregulation 202.311(2) provides that regulation 64.060 applies to the holder as if a reference to the holder's certificate of competency were a reference to the holder's CAR 229 approval.

Regulation 202.312 provides that Subpart 202.CE expires at the end of 3 December 2017 as if it had been repealed by another regulation.

Item [45] Subparts 202.GA and 202.GB (Transitional provisions for Parts 141 and 142)

Item [45] provides for the substitution of new Subpart 202.GA, inclusive of regulations 202.720 to 202.729, and new Subpart 202.GB, inclusive of regulations 202.740 to 202.752.

Subpart 202.GA - Transitional provisions for Part 141 (recreational, private and commercial pilot flight training, other than certain integrated training courses)

Regulation 202.720 provides that definitions of the terms used in Subpart 202.GA have the same meaning as in Part 141.

Regulation 202.721 - AOCs and approvals under regulation 60.055 held immediately before 4 December 2013

Subregulation 202.721(1) provides that regulation 202.721 applies if, immediately before 4 December 2013, a person held an AOC authorising the holder to engage in flying training mentioned in subparagraph 206(1)(a)(vi) of CAR (old training), and the old training is equivalent to Part 141 flight training conducted in an aeroplane, rotorcraft or airship (new training).

Subregulation 202.721(2) provides that regulation 202.721 also applies if, before 4 December 2013, a person conducted training (the old training) in a qualified flight simulator or qualified flight training device, and the old training is equivalent to Part 141 flight training conducted in a flight simulation training device (the new training) and, immediately before 4 December 2013, the person held an approval under regulation 60.055 as a user of the simulator or device.

Subregulation 202.721(3) provides that on 4 December 2013, the person is taken to have applied for, and to meet the requirements mentioned in regulations 11.055 and 141.060 for the issue of, a Part 141 certificate that authorises the person to conduct the new training.

Subregulation 202.721(4) provides that a Part 141 certificate issued to the person on the basis of subregulation 202.721(3) must be issued subject to the conditions of the person's AOC or approval that relate to the old training.

Subregulation 202.721(5) provides that a Part 141 certificate issued to the person on the basis of subregulation 202.721(3) ceases to have effect at the earlier of the end of 3 December 2016, or if it is cancelled--when it is cancelled.

Regulation 202.722 - AOCs and approvals under regulation 60.055 that were under suspension immediately before 4 December 2013

Subregulation 202.722(1) provides that regulation 202.722 applies if, before 4 December 2013, a person held an AOC authorising the holder to engage in flying training mentioned in subparagraph 206(1)(a)(vi) of CAR (the old training), and the old training is equivalent to Part 141 flight training conducted in an aeroplane, rotorcraft or airship (the new training) and, immediately before 4 December 2013, the AOC was under suspension in relation to some or all of the old training (the suspended old training).

Subregulation 202.722(2) provides that regulation 202.722 also applies if, before 4 December 2013, a person held an approval under regulation 60.055 as a user of a qualified flight simulator or qualified flight training device and, before 4 December 2013, the person conducted training (the old training) in the simulator or device and the old training is equivalent to Part 141 flight training conducted in a flight simulation training device (the new training) and, immediately before 4 December 2013, the approval was under suspension in relation to some or all of the old training (the suspended old training).

Subregulation 202.722(3) provides that on 4 December 2013 the person is taken to have applied for, and to meet the requirements mentioned in regulations 11.055 and 141.060 for the issue of, a Part 141 certificate that authorises the person to conduct the new training.

Subregulation 202.722(4) provides that a Part 141 certificate issued to a person on the basis of subregulation 202.722(3), must be issued subject to the conditions of the person's AOC or approval that relate to the old training, and is taken to have been suspended in relation to the new training that is equivalent to the suspended old training.

Subregulation 202.722(5) provides that CASA may, by written notice given to the holder of the certificate, revoke the suspension of the certificate.

Subregulation 202.722(6) provides that a Part 141 certificate issued to the person on the basis of subregulation 202.722(3) ceases to have effect at the earlier of either the end of 3 December 2016, and if it is cancelled--when it is cancelled.

Regulation 202.723 - Applications for AOCs and approvals under regulation 60.055 made but not finally determined before 4 December 2013.

Subregulation 202.723(1) provides that regulation 202.723 applies if, before 4 December 2013, a person applied for an AOC that would have authorised the person to engage in flying training mentioned in subparagraph 206(1)(a)(vi) of CAR, that is equivalent to Part 141 flight training conducted in an aeroplane, rotorcraft or airship and the application was not finally determined by CASA.

Subregulation 202.723(2) provides that regulation 202.723 also applies if, before 4 December 2013, a person applied for an approval under regulation 60.055 to be a user of a qualified flight simulator or qualified flight training device and the person intended to conduct training in the simulator or device that is equivalent to Part 141 flight training conducted in a flight simulation training device and the application was not finally determined by CASA.

Subregulation 202.723(3) provides that CASA must determine whether CASA would have issued the AOC or approval to the person.

Subregulation 202.723(4) provides that if CASA determines that CASA would have issued the AOC or approval to the person, the person is taken to have applied for, and to meet the requirements mentioned in regulations 11.055 and 141.060 for the issue of, a Part 141 certificate that authorises the person to conduct the Part 141 flight training.

Subregulation 202.723(5) provides that if CASA determines that CASA would not have issued the AOC or approval to the person, CASA must give the person written notice of the determination and the reasons for the determination.

Subregulation 202.723(6) provides that a Part 141 certificate issued to the person on the basis of subregulation 202.723(4) ceases to have effect at the earlier of the end of 3 December 2016, or if it is cancelled--when it is cancelled.

Regulation 202.724 - Application of Part 141 to certain Part 141 operators--references to exposition

Subregulation 202.724(1) provides that regulation 202.724 applies if a Part 141 operator holds a Part 141 certificate that was issued on the basis of subregulation 202.721(3), 202.722(3) or 202.723(4).

Subregulation 202.724(2) provides that Part 141 applies to the operator as if references in Part 141 to the operator's exposition were references to: the operator's operations manual; the operator's dangerous goods manual (if any); the operator's training and checking manual (if any); and each document for which the operator holds an approval under CASR or the Civil Aviation Orders.

Regulation 202.725 - Application of Part 141 to certain Part 141 operators with Part 60 quality systems--safety management system and quality assurance management system

Subregulation 202.725(1) provides that regulation 202.725 applies if a Part 141 operator holds a Part 141 certificate that was issued on the basis of subregulation 202.721(3), 202.722(3) or 202.723(4) and, immediately before 4 December 2013, the operator had a quality system under regulation 60.060 for a qualified flight simulator or qualified flight training device.

Subregulation 202.725(2) provides that for regulation 141.215, the quality system is taken to meet the requirements of regulation 141.220 for a safety management system.

Subregulation 202.725(3) provides for regulation 141.225, the quality system is taken to meet the requirements of regulation 141.230 for a quality assurance.

Regulation 202.726 - Application of Part 141 to certain Part 141 operators without Part 60 quality systems--safety and quality assurance management systems not required

Subregulation 202.726(1) provides that regulation 202.726 applies if a Part 141 operator holds a Part 141 certificate that was issued on the basis of subregulation 202.721(3), 202.722(3) or 202.723(4) and, immediately before 4 December 2013, the operator did not have a quality system under regulation 60.060 for a qualified flight simulator or qualified flight training device.

Subregulation 202.726(2) provides that the operator does not contravene a provision of Part 141 only because the operator does not have a safety management system or a quality assurance management system.

Regulation 202.727 - Application of Part 141 to certain Part 141 operators--provisions that do not apply

Subregulation 202.727(1) provides that regulation 202.727 applies if a Part 141 operator holds a Part 141 certificate that was issued on the basis of subregulation 202.721(3), 202.722(3) or 202.723(4).

Subregulation 202.727(2) provides that a provision mentioned in table 202.727 does not apply to the operator.

Regulation 202.728 - References to standardisation and proficiency checks for instructors for certain Part 141 operators

Subregulation 202.728(1) provides that regulation 202.728 applies if, immediately before 4 December 2013, a Part 141 operator held an AOC that authorised the holder to engage in flying training mentioned in subparagraph 206(1)(a)(vi) of CAR and an instructor for the operator was engaged by the AOC holder to give flying training.

Subregulation 202.728(2) provides that the instructor is taken to hold a valid standardisation and proficiency check for the operator, under regulation 141.190, on a day if, within 12 months before the day, the instructor satisfactorily completed a standardisation and proficiency flight check conducted by the AOC holder's chief flying instructor.

Regulation 202.729 provides that Subpart 202.GA expires at the end of 3 December 2016 as if it had been repealed by another regulation.

Subpart 202.GB - Transitional provisions for Part 142 (integrated and multi-crew pilot flight training, contracted recurrent training and contracted checking)

Regulation 202.740 provides that definitions of the terms used in Subpart 202.GB have the same meaning as in Part 142.

Regulation 202.741 - AOCs held immediately before 4 December 2013

Subregulation 202.741(1) provides that regulation 202.741 applies if, immediately before 4 December 2013, a person held an AOC authorising the holder to engage in flying training mentioned in subparagraph 206(1)(a)(vi) of CAR (the old training) and the old training is equivalent to Part 142 flight training conducted in an aeroplane, rotorcraft or airship (the new training).

Subregulation 202.741(2) provides that on and after 4 December 2013 the AOC is taken to authorise the person to conduct the new training and any conditions of the AOC that relate to the old training are taken to apply to the new training.

Regulation 202.742 - AOCs that were under suspension immediately before 4 December 2013

Subregulation 202.742(1) provides that regulation 202.742 applies if, before 4 December 2013, a person held an AOC authorising the holder to engage in flying training mentioned in subparagraph 206(1)(a)(vi) of CAR (the old training), and the old training is equivalent to Part 142 flight training conducted in an aeroplane, rotorcraft or airship (the new training) and, immediately before 4 December 2013, the AOC was under suspension in relation to some or all of the old training (the suspended old training).

Subregulation 202.742(2) provides that on and after 4 December 2013 the AOC is taken to authorise the person to conduct the new training and any conditions of the AOC that relate to the old training are taken to apply to the new training and the AOC is taken to have been suspended in relation to the new training that is equivalent to the suspended old training.

Subregulation 202.742(3) provides that despite the repeal of subparagraph 206(1)(a)(vi) of CAR, CASA may revoke the suspension of the AOC in relation to the old training.

Subregulation 202.742(4) provides that if CASA revokes the suspension of the AOC in relation to the old training, the revocation is taken to the revoke the suspension of the AOC in relation to the new training.

Regulation 202.743 - Applications for AOCs made but not finally determined before 4 December 2013

Subregulation 202.743(1) provides that regulation 202.743 applies if, before 4 December 2013, a person applied for an AOC that would have authorised the person to engage in flying training mentioned in subparagraph 206(1)(a)(vi) of CAR, that is equivalent to Part 142 flight training conducted in an aeroplane, rotorcraft or airship and the application was not finally determined by CASA.

Subregulation 202.743(2) provides that CASA must determine whether CASA would have issued the AOC to the person.

Subregulation 202.743(3) provides that if CASA determines that CASA issued the AOC to the person, the person is taken to have applied for, and to meet the requirements mentioned in section 28 of the Act and in regulation 142.085 for the issue of, an AOC that authorises the person to conduct the Part 142 flight training.

Subregulation 202.743(4) provides that if CASA determines that CASA would not have issued the AOC to the person, CASA must give the person written notice of the determination and the reasons for the determination.

Regulation 202.744 - Approvals under regulation 60.055 held immediately before 4 December 2013

Subregulation 202.744(1) provides that regulation 202.744 applies if, before 4 December 2013, a person conducted training (the old training) in a qualified flight simulator or qualified flight training device, and the old training is equivalent to Part 142 flight training conducted in a flight simulation training device (the new training) and, immediately before 4 December 2013, the person held an approval under regulation 60.055 as a user of the simulator or device.

Subregulation 202.744(2) provides that on 4 December 2013, the person is taken to have applied for, and to have met the requirements mentioned in regulations 11.055 and 142.110 for the issue of, a certificate under Division 142.B.2 that authorises the person to conduct the new training.

Subregulation 202.744(3) provides that a certificate under Division 142.B.2 issued to the person on the basis of subregulation 202.744(2) must be issued subject to the conditions of the person's approval that relate to the old training.

Subregulation 202.744(4) provides that a certificate under Division 142.B.2 issued to the person on the basis of subregulation 202.744(2) ceases to have effect at the earlier of the end of 3 December 2016, or if it is cancelled--when it is cancelled.

Regulation 202.745 - Approvals under regulation 60.055 that were under suspension immediately before 4 December 2013

Subregulation 202.745(1) provides that regulation 202.745 applies if, before 4 December 2013, a person held an approval under regulation 60.055 as a user of a qualified flight simulator or qualified flight training device and, before 4 December 2013, the person conducted training (the old training) in the simulator or device and the old training is equivalent to Part 142 flight training conducted in a flight simulation training device (the new training) and, immediately before 4 December 2013, the approval was under suspension in relation to some or all of the old training (the suspended old training).

Subregulation 202.745(2) provides that on 4 December 2013 the person is taken to have applied for, and to meet the requirements mentioned in regulations 11.055 and 142.110 for the issue of, a certificate under Division 142.B.2 that authorises the person to conduct the new training.

Subregulation 202.745(3) provides that a certificate under Division 142.B.2 issued to the person on the basis of subregulation 202.745(2) must be issued subject to the conditions of the person's approval that relate to the old training and is taken to have been suspended in relation to the new training that is equivalent to the suspended old training.

Subregulation 202.745(4) provides that CASA may, by written notice given to the holder of the certificate, revoke the suspension of the certificate.

Subregulation 202.745(5) provides that a certificate under Division 142.B.2 issued to the person on the basis of subregulation 202.745(2) ceases to have effect at the earlier of the end of 3 December 2016, or if it is cancelled--when it is cancelled.

Regulation 202.746 - Applications for approvals under regulation 60.055 made but not finally determined before 4 December 2013

Subregulation 202.746(1) provides that regulation 202.746 applies if, before 4 December 2013, a person applied for an approval under regulation 60.055 to be a user of a qualified flight simulator or qualified flight training device and the person intended to conduct training in the simulator or device that is equivalent to Part 142 flight training conducted in a flight simulation training device and the application was not finally determined by CASA.

Subregulation 202.746(2) provides that CASA must determine whether CASA would have issued the approval to the person.

Subregulation 202.746(3) provides that if CASA determines that CASA would have issued the approval to the person, the person is taken to have applied for, and to meet the requirements mentioned in regulations 11.055 and 142.110 for the issue of, a certificate under Division 142.B.2 that authorises the person to conduct the Part 142 flight training.

Subregulation 2002.746(4) provides that if CASA determines that CASA would not have issued the approval to the person, CASA must give the person written notice of the determination and the reasons for the determination.

Subregulation 202.746(5) provides that a certificate under Division 142.B.2 issued to the person on the basis of subregulation 202.746(3) ceases to have effect at the earlier of the end of 3 December 2016, or if it is cancelled - when it is cancelled.

Regulation 202.747 - Application of Part 142 to certain Part 142 operators--references to exposition

Subregulation 202.747(1) provides that regulation 202.747 applies if a Part 142 operator holds: an AOC mentioned in regulation 202.741 or 202.742, or granted on the basis of subregulation 202.743(3); or a certificate under Division 142.B.2 that was issued on the basis of subregulation 202.744(2), 202.745(2) or 202.746(3).

Subregulation 202.747(2) provides that Part 142 applies to the operator as if references in Part 142 to the operator's exposition were references to: the operator's operations manual; the operator's dangerous goods manual (if any); the operator's training and checking manual (if any); and each document for which the operator holds an approval under CASR or the Civil Aviation Orders.

Regulation 202.748 - Application of Part 142 to certain Part 142 operators with Part 60 quality systems--safety management system and quality assurance management system

Subregulation 202.748(1) provides that regulation 202.748 applies if a Part 142 operator holds a certificate under Division 142.B.2 that was issued on the basis of subregulation 202.744(2), 202.745(2) or 202.746(3) and, immediately before 4 December 2013, the operator had a quality system under regulation 60.060 for a qualified flight simulator or qualified flight training device.

Subregulation 202.748(2) provides that for regulation 142.260, the quality system is taken to meet the requirements of regulation 142.265 for a safety management system.

Subregulation 202.748(3) provides that for regulation 142.270, the quality system is taken to meet the requirements of regulation 142.275 for a quality assurance management system.

Regulation 202.749 - Application of Part 142 to certain Part 142 operators without Part 60 quality systems--safety and quality assurance management systems not required

Subregulation 202.749(1) provides that regulation 202.749 applies if a Part 142 operator holds: an AOC mentioned in regulation 202.741 or 202.742, or granted on the basis of subregulation 202.743(3); or a certificate under Division 142.B.2 that was issued on the basis of subregulation 202.744(2), 202.745(2) or 202.746(3); and immediately before 4 December 2013, the operator did not have a quality system under regulation 60.060 for a qualified flight simulator or qualified flight training device.

Subregulation 202.749(2) provides that the operator does not contravene a provision of Part 142 only because the operator does not have a safety management system or a quality assurance management system.

Regulation 202.750 - Application of Part 142 to certain Part 142 operators--provisions that do not apply

Subregulation 202.750(1) provides that regulation 202.750 applies if a Part 142 operator holds: an AOC mentioned in regulation 202.741 or 202.742, or granted on the basis of subregulation 202.743(3); or a certificate under Division 142.B.2 that was issued on the basis of subregulation 202.744(2), 202.745(2) or 202.746(3).

Subregulation 202.750(2) provides that a provision mentioned in table 202.750 does not apply to the operator.

Regulation 202.751 - References to standardisation and proficiency checks for instructors for certain Part 142 operators

Subregulation 202.751(1) provides that regulation 202.751 applies to an instructor for a Part 142 operator if, immediately before 4 December 2013, the operator held an AOC that authorised the holder to engage in flying training mentioned in subparagraph 206(1)(a)(vi) of CAR and the instructor was engaged by the AOC holder to give flying training.

Subregulation 202.751(2) provides that the instructor is taken to hold a valid standardisation and proficiency check for the operator under regulation 142.325, on a day if, within 12 months before the day, the instructor satisfactorily completed a standardisation and proficiency flight check conducted by the AOC holder's chief flying instructor.

Regulation 202.752 provides that Subpart 202.GB expires at the end of 3 December 2016 as if it had been repealed by another regulation.

Item [46] Dictionary, Part 1

Item [46] inserts new terms and definitions into the CASR Dictionary.

Item [47] Dictionary, Part 1 definition of AGL

Item [47] substitutes the definition of AGL in the CASR Dictionary.

Item [48] Dictionary, Part 1

Item [48] inserts new terms and definitions into the CASR Dictionary.

Item [49] Dictionary, Part 1, definition of pilot-owner, paragraph (b)

Item [49] omits "under CASR Part 5," from paragraph (b) of "pilot-owner" in the Dictionary, Part 1 with "under Part 61".

Item [50] Dictionary, Part 1

Item [50] inserts new terms and definitions into the CASR Dictionary.

Item [51] Dictionary, Part 2, after item 35

Item [50] inserts a new item 36, relating to particular kinds of flight crew licences, ratings or endorsements, into the CASR Dictionary.

Item [52] Further amendments--registered training organisation

Item [52] omits "Registered Training Organisation" and inserts "registered training organisation" in lower case, in paragraph 143.020(c), paragraph 143.025(a), regulation 143.105 and paragraph 143.110(b).

Schedule 2 - Amendments of Civil Aviation Regulations 1988

Item [1] Subregulation 2(1), definition of acrobatic flight

Item [1] omits the definition of acrobatic flight.

Item [2] Subregulation 2(1), definition of aerodrome reference point, paragraph (b)

Item [2] substitutes paragraph (b) and inserts (b) specified by a balloon flying school within the meaning of subregulation 5.01(1) in its operations manual; or a Part 141 or 142 operator in its exposition.

Item [3] Subregulation 2(1)

Item [3] omits the definitions as outlined in subregulation 2(1).

Item [4] Subparagraph 2(7)(d)(vii)

Item [4] substitutes subparagraph 2(7)(d)(vii).

Item [5] Part 5

Item [5] substitutes Part 5 Balloon Flight Crew Licensing

Division 5.1 Balloon flight pre licensing-preliminary

This division inserts a complete new Division 5.1 inclusive of regulations 5.01 to 5.03 that provides preliminary information including definition of terms and a description of what the Part is about.

Regulation 5.01 - Definitions for Part 5

Subregulation 5.01(1) provides definitions of the terms applicable to Part 5.

Subregulation 5.01(2) provides that a balloon flight crew rating is required for giving balloon flying training or flying at night under the VFR under Part 5.

Subregulation 5.01(3) provides that, for Part 5, a person flies a balloon as a pilot acting in command under supervision if, during flight time in the balloon, the person performs the activities and functions of the pilot in command while under the supervision of the pilot in command approved for the purpose by the operator of the balloon.

Regulation 5.02 provides a definition of what Part 5 is about, which is setting out the requirements that apply to commercial pilot (balloon) licences and flight radiotelephone operator licences for balloon pilots, as well as empowering CASA to make Civil Aviation Orders about the requirements that apply to balloon flight crew ratings and balloon class endorsements.

Regulation 5.03 provides that a person is authorised to perform an activity essential to the operation of an Australian balloon during flight time without holding a commercial pilot (balloon) licence or CAR certificate of validation if, the person is accompanied by an authorised balloon flight instructor and is receiving balloon flying training, or the person is attempting a flight test for a commercial pilot (balloon) licence.

Division 5.2 Balloon flight crew licensing-medical certificates

This division inserts a complete new Division 5.2 inclusive of regulations 5.04 to 5.07 that relate to medical certificates for balloon flight crew licensing.

Regulation 5.04 - Medical certificate--balloon flight crew licence

Subregulation 5.04(1) provides that the holder of a balloon flight crew licence commits an offence if they perform an activity authorised by the licence, however do not meet the requirement mentioned in subregulation 5.04(2). The penalty for the offence is established as 50 penalty units.

Subregulation 5.04(2) provides, for paragraph 5.04(1)(b), the requirement is that the holder must hold a current class 1 or 2 medical certificate or have permission from CASA to perform the activity without holding a current medical certificate.

Subregulation 5.04(3) provides that CASA may, on the written or oral application of the holder of a balloon flight crew licence, authorise the holder to perform an activity essential to the operation of an Australian balloon during flight time without holding a current class 1 or 2 medical certificate if, in all the circumstances, it is reasonable to allow the holder to perform the duty without holding the certificate and the performance of the activity by the holder without holding the certificate would not adversely affect the safety of air navigation.

Subregulation 5.04(4) provides that an offence against subregulation 5.04(1) is an offence of strict liability.

Regulation 5.05 - Medical certificate--CAR certificate of validation

Subregulation 5.05(1) provides that the holder of a CAR certificate of validation for an overseas balloon authorisation commits an offence if the he or she does not meet the requirements of paragraphs (a) to (c) of subregulation 5.05 relating to overseas medical certificates. The penalty for an offence is established as 50 penalty points.

Subregulation 5.05(2) provides that an offence against subregulation 5.05(1) is an offence of strict liability.

Regulation 5.07 - Medical certificate--flight tests

Subregulation 5.07(1) provides that a person who does not hold a commercial pilot (balloon) licence or a CAR certificate of validation commits an offence if the person attempts a flight test for a commercial pilot (balloon) licence and the person does not hold a class 1 or 2 medical certificate. The penalty for an offence is established as 50 penalty points.

Subregulation 5.07(2) provides that an approved balloon testing officer commits an offence if the officer conducts a flight test for the issue of a commercial pilot (balloon) licence or for the issue, or renewal, of a balloon flight crew rating and the person attempting the test does not meet the requirement mentioned in subregulation 5.07(3). The penalty for an offence is established as 50 penalty points.

Subregulation 5.07(3) provides that for subregulation 5.07(2)(b), the requirement is that the person must hold a current class 1 or 2 medical certificate or hold both a CAR certificate of validation for an overseas balloon authorisation and a current overseas medical certificate for the authorisation.

Subregulation 5.07(4) provides that an offence against regulation 5.07 is an offence of strict liability.

Division 5.3 Balloon flight crew licensing-licences, ratings and endorsements

This division inserts a complete new Division 5.3 inclusive of regulations 5.08 to 5.23 that relate to the application for, and issue of, balloon flight crew licences, ratings and endorsements.

Regulation 5.08 provides that a person may apply to CASA, in writing, for the issue of either, or both of, a commercial pilot (balloon) licence and a flight radiotelephone operator licence.

Regulation 5.09 - Balloon flight crew licence--issue

Subregulation 5.09(1) provides that, subject to subregulation 5.09(2), CASA must issue a balloon flight crew licence to an applicant if the applicant possesses a knowledge of the English language that is sufficient to enable him or her to safely exercise the authority given by the licence, is qualified to hold the licence and is a suitable person to hold the licence.

Subregulation 5.09(2) prevents CASA issuing a balloon flight crew licence to a person if the person has knowingly or recklessly made a false or misleading statement in relation to the person's application for the licence or does not satisfy the requirements of subregulation 5.09(1).

Subregulation 5.09(3) provides that, in deciding whether an applicant for a balloon flight crew licence is a suitable person to hold the licence, CASA must only take into account any action taken by CASA, or a responsible organisation, in relation to any authority given to the applicant by CASA or the organisation and any other matter that relates to the safety of air navigation.

Subregulation 5.09(4) provides that an applicant for a balloon flight crew licence commits an offence if the applicant is aware of relevant information and does not disclose the information to CASA. The penalty for an offence is established as 50 penalty points.

Regulation 5.13 provides that the holder of a commercial pilot (balloon) licence, or a CAR certificate of validation for an overseas balloon authorisation that is equivalent to a commercial pilot (balloon) licence, may apply to CASA for the issue of either, or both, of a flight instructor (balloon) rating and a balloon grade of night VFR rating. The penalty for an offence is established as 50 penalty points.

Regulation 5.14 - Balloon flight crew rating--issue

Subregulation 5.14(1) provides that CASA may give directions in Civil Aviation Orders setting out requirements for the issue of a balloon flight crew rating to a person.

Subregulation 5.14(2) provides that the Orders mentioned in subregulation 5.14(1) may include the flight tests that must be passed by the person, any other requirements or a condition that must be satisfied by the person.

Subregulation 5.14(3) provides that, subject to subregulation 5.14(4), CASA must issue a balloon flight crew rating to a qualified person, or renew the person's rating, by entering the rating in the person's personal log book only if the person has passed the necessary flight tests, the person satisfies the other requirements and any other condition to be met by, or in relation to, the person has been met for the issue, or renewal, of the rating.

Subregulation 5.14(4) provides that CASA must not issue a balloon flight crew rating to a person, or renew the person's rating, if the person has knowingly or recklessly made a false or misleading statement in relation to the person's application for the rating or does not satisfy the requirements of subregulation 5.14(3).

Subregulation 5.14(5) defines qualified person for regulation 5.14 as a person who holds a commercial pilot (balloon) licence or a CAR certificate of validation for an overseas balloon authorisation that is equivalent to a commercial pilot (balloon) licence.

Regulation 5.17 - Balloon flight crew rating--duration

Subregulation 5.17(1) provides that a balloon flight crew rating remains in force from the day on which it is issued, or renewed, until the end of the period set out in the Civil Aviation Orders or by CASA in the holder of the rating's personal log book or it is suspended or cancelled.

Subregulation 5.17(2) provides that, if a balloon flight crew rating is entered by CASA in a personal log book, CASA may set out in the log book the period for which the rating remains in force.

Subregulation 5.17(3) provides that CASA may give directions in Civil Aviation Orders setting out the period for which a balloon flight crew rating remains in force.

Regulation 5.18 provides that CASA may give directions in Civil Aviation Orders setting out the authority given by a balloon flight crew rating, the limitations on that authority and the flight tests that must be passed, or any other requirement that must be satisfied, before that authority may be exercised.

Regulation 5.19 - Balloon flight crew rating--flight tests

Subregulation 5.19(1) provides that CASA may issue Civil Aviation Orders that describe the flight tests for the issue of a balloon flight crew rating to a person.

Subregulation 5.19(2) provides that the Civil Aviation Orders mentioned in subregulation 5.19(1) may include conditions that must be satisfied, the content of any test that must be passed and the way in which a test is to be conducted.

Subregulation 5.19(3) provides that CASA may conduct the flight tests in relation to a balloon flight crew rating that are required by the Civil Aviation Orders.

Regulation 5.20 - Balloon flight crew rating--approval to give training

Subregulation 5.20(1) provides that CASA may approve a person who holds a commercial pilot (balloon) licence to give balloon flying training for the issue of a balloon flight crew rating.

Subregulation 5.20(2) provides that CASA may give an approval subject to any condition that is necessary in the interests of the safety of air navigation.

Subregulation 5.20(3) provides that CASA must set out the condition in the approval or give it as a direction in Civil Aviation Orders.

Subregulation 5.20(4) provides that a person commits an offence if the person contravenes a condition of the approval. The penalty for an offence is established as 50 penalty points.

Subregulation 5.20(5) provides that CASA may, in writing, revoke a person's approval in any of the circumstances set out in paragraphs (a) to (d) of subregulation 5.20(5).

Subregulation 5.20(6) provides that, if CASA revokes a person's approval, it must give the person written notice of the revocation setting out the grounds for the revocation.

Subregulation 5.20(7) provides that an offence against subregulation 5.20(4) is an offence of strict liability.

Regulation 5.23 - Balloon class endorsement--issue

Subregulation 5.23(1) provides that CASA may give directions in Civil Aviation Orders setting out requirements for the issue of balloon class endorsements.

Subregulation 5.23(2) provides that, subject to subregulation 5.23(3), CASA must issue a balloon class endorsement to the holder of a commercial pilot (balloon) licence, or a CAR certificate of validation for an overseas balloon authorisation that is equivalent to a commercial pilot (balloon) licence, by entering the endorsement in the holder's personal log book if the holder satisfies the requirements for the issue of the endorsement.

Subregulation 5.23(3) provides that CASA must not issue a balloon class endorsement to a person if the person has knowingly or recklessly made a false or misleading statement in relation to the person's application for an endorsement or does not satisfy the requirements of subregulation 5.23(2).

Division 5.4 Balloon flight crew licensing-certificates of validation

This division inserts a complete new Division 5.4 inclusive of regulations 5.27 to 5.33 that relate to certificates of validation for balloon flight crew licensing.

Regulation 5.27 - CAR certificate of validation--issue

Subregulation 5.27(1) provides for a person to apply to CASA, in writing, for the issue of a CAR certificate of validation for an overseas balloon authorisation held by the person if the person's overseas balloon authorisation is in force and, where the person is required to hold an overseas medical certificate for the authorisation to exercise the authority given by the authorisation in the country in which the authorisation was issued--the person holds an overseas medical certificate for the authorisation that is in force.

Subregulation 5.27(2) provides that, subject to subregulation 5.27(3), CASA may issue a CAR certificate of validation to an applicant if the applicant meets the requirements of paragraphs (a) to (d) of subregulation 5.27(2).

Subregulation 5.27(3) provides that CASA must not issue a CAR certificate of validation to an applicant if the applicant has knowingly or recklessly made a false or misleading statement in relation to the application or does not satisfy the requirements of subregulation 5.27(2).

Subregulation 5.27(4) provides that, in deciding whether an applicant for a certificate is a suitable person to hold the certificate, CASA must only take into account: any action, taken by CASA or a responsible organisation, in relation to any authority to perform activities essential to the operation of a balloon during flight time, that was given to the applicant; and any other matter that relates to the safety of air navigation.

Subregulation 5.27(5) provides that an applicant for a certificate commits an offence if the applicant is aware of information that is relevant to a matter that CASA must take into account in deciding whether the applicant is a suitable person to hold the certificate and does not disclose the information to CASA. The penalty for an offence is established as 50 penalty points.

Subregulation 5.27(6) provides that, for paragraph 5.27(2)(d), CASA may set and conduct examinations for the issue of certificates of validation.

Subregulation 5.27(7) provides that a CAR certificate of validation examination must be based on examination materials published by CASA.

Regulation 5.30 provides that, if CASA issues a CAR certificate of validation for an overseas balloon authorisation, CASA must enter on the certificate the name of the country in which the overseas balloon authorisation was issued, the name of the overseas balloon authorisation, the period of validity of the overseas balloon authorisation and the serial number or reference number of the overseas balloon authorisation.

Regulation 5.31 - CAR certificate of validation--effect

Subregulation 5.31(1) provides that a CAR certificate of validation for an overseas balloon authorisation has effect as if it were any of the documents or qualifications set out in paragraphs 5.31(1)(a) to (c) as the case requires.

Subregulation 5.31(2) provides that, for regulation 5.31, an overseas balloon authorisation is equivalent to a balloon flight crew licence if the authorisation and the licence allow the holder to perform the same activities in balloons.

Subregulation 5.31(3) provides that, for regulation 5.31, an overseas balloon authorisation is equivalent to a balloon class endorsement if the authorisation and the endorsement allow the holder to perform activities in the same class of balloon.

Subregulation 5.31(4) provides that, for regulation 5.31, an overseas balloon authorisation is equivalent to a balloon flight crew rating if the authorisation and the rating allow the holder to perform the same activities.

Regulation 5.32 - CAR certificate of validation--period of validity

Subregulation 5.32(1) provides that a CAR certificate of validation for an overseas balloon authorisation remains in force until whichever of the events set out in paragraphs (a) to (e) of subregulation 5.32(1) occurs first.

Subregulation 5.32(2) provides that CASA may set out on a CAR certificate of validation the period for which the certificate remains in force.

Regulation 5.33 - CAR certificate of validation--offences

Subregulation 5.33(1) provides that a person commits an offence if the person makes an application for a CAR certificate of validation for an overseas balloon authorisation and, at the time the application is made, the person's overseas balloon authorisation is not in force.

Subregulation 5.33(2) provides that a person commits an offence if the person: makes an application for a CAR certificate of validation for an overseas balloon authorisation; and is required to hold an overseas medical certificate for the authorisation to exercise the authority given by the authorisation in the country in which it was issued; and at the time the application is made does not hold an overseas medical certificate for the authorisation that is in force. The penalty for an offence is established as 50 penalty points.

Subregulation 5.33(3) provides that the holder of a CAR certificate of validation for an overseas balloon authorisation commits an offence if the holder exercises the authority given by the certificate in an Australian balloon during flight time and, at the time of exercising the authority, the holder's overseas balloon authorisation is not in force. The penalty for an offence is established as 50 penalty points.

Subregulation 5.33(4) provides that the holder of a CAR certificate of validation for an overseas balloon authorisation commits an offence if: the holder exercises the authority given by the certificate in an Australian balloon during flight time; the person is required to hold an overseas medical certificate for the authorisation to exercise the authority given by the authorisation in the country in which it was issued; and at the time of exercising the authority, the holder does not hold an overseas medical certificate for the authorisation that is in force. The penalty for an offence is established as 50 penalty points.

Subregulation 5.33(5) provides that an offence against regulation 5.33 is an offence of strict liability.

Division 5.5 Balloon flight crew licensing-general

This division inserts a complete new Division 5.5 inclusive of regulations 5.40 to 5.56 that relate to general conditions and requirements for balloon flight crew licensing.

Regulation 5.40 - Pilot acting in command under supervision

Subregulation 5.40(1) provides that a person commits an offence if the person flies a balloon as pilot acting in command under supervision and the person does not satisfy either subregulation 5.40(3) or 5.40(4) in relation to the balloon. The penalty for an offence against subregulation 5.40(1) is established as 50 penalty points.

Subregulation 5.40(2) provides that the operator of a balloon commits an offence if the operator permits a person to fly a balloon as pilot acting in command under supervision and the person does not satisfy subregulation 5.40(3) in relation to the balloon. The penalty for an offence is established as 50 penalty points.

Subregulation 5.40(3) sets out the matters which a person must satisfy for the purposes of subparagraph 5.40(1)(b)(i) and paragraph 5.40(2)(b).

Subregulation 5.40(4) sets out the matters which a person must satisfy for the purposes of subparagraph 5.40(1)(b)(ii).

Subregulation 5.40(5) provides that an offence against regulation 5.40 is an offence of strict liability.

Regulation 5.41 - Balloon flight crew licence--tests and examinations

Subregulation 5.41(1) provides that CASA may set and conduct commercial pilot (balloon) licence theory examinations and flight radiotelephone theory examinations.

Subregulation 5.41(2) provides that CASA may set and conduct commercial pilot (balloon) licence flight tests.

Subregulation 5.41(3) provides that CASA may set and conduct flight radiotelephone practical tests.

Regulation 5.42 - Balloon flight tests--CASA to be notified

Subregulation 5.42(1) provides that an approved balloon testing officer commits an offence if the officer conducts a flight test and has not, at least 24 hours before the test, given CASA notice of the time, date, place and nature of the proposed test and obtained from CASA a flight test number for the test. The penalty for an offence is established as 50 penalty points.

Subregulation 5.42(2) provides that an approved balloon testing officer commits an offence if the officer conducts a flight test and does not enter the flight test number on the flight test report form, send the flight test report form to CASA if the test is passed within 14 days after the day of the test or within 90 days if the test is failed. The penalty for an offence is established as 50 penalty points.

Subregulation 5.42(3) provides that CASA may give a written notice to an approved balloon testing officer requiring the officer to give CASA documents relating to a flight test that he or she has notified to CASA under subregulation 5.42(1) that are described in the notice, are in the officer's possession and control and are reasonably required by CASA in relation to the test.

Subregulation 5.42(4) provides that an approved balloon testing officer commits an offence if the officer receives a notice under subregulation 5.42(3) and does not send the documents to CASA within 14 days after the day of the test, if the test is passed, or 90 days after the day of the test if the test is failed. The penalty for an offence is established as 50 penalty points.

Subregulation 5.42(5) provides that an offence against regulation 5.42 is an offence of strict liability.

Subregulation 5.42(6) provides that, in regulation 5.42, flight test report form means a form issued by CASA for recording the results of flight tests.

Regulation 5.50 - Authorisation to test balloon

Subregulation 5.50(1) provides that CASA may, in writing, authorise the holder of a commercial pilot (balloon) licence, or a CAR certificate of validation for an overseas balloon authorisation that is equivalent to a commercial pilot (balloon) licence, to perform activities essential to the operation of a balloon for which the holder does not hold a balloon class endorsement during a flight conducted for the purpose of testing the balloon or carrying out an experiment in relation to the balloon.

Subregulation 5.50(2) provides that an authorisation under subregulation 5.50(1) may be given subject to any condition that is necessary in the interests of the safety of air navigation.

Subregulation 5.50(3) provides that CASA must set out the condition under subregulation 5.50(2) in the authorisation.

Subregulation 5.50(4) provides that the holder of an authorisation commits an offence if the holder contravenes a condition to which the authorisation is subject. The penalty for an offence is established as 50 penalty points.

Subregulation 5.50(5) provides that an offence against subregulation 5.50(4) is an offence of strict liability.

Regulation 5.51 - Personal log books

Subregulation 5.51(1) provides that the holder of a balloon flight crew licence, or CAR certificate of validation, commits an offence if the holder does not have a personal log book that is suitable for recording the information specified in paragraphs (a) to (c) of subregulation 5.51(1). The penalty for an offence is established as 50 penalty points.

Subregulation 5.51(2) provides that CASA may, in writing, direct the holder of a balloon flight crew licence or CAR certificate of validation to record matters in his or her personal log book.

Subregulation 5.51(3) provides that CASA must not give a direction under subregulation 5.51(2) unless it is necessary to do so in the interests of the safety of air navigation.

Subregulation 5.51(4) provides that a person to whom a direction is given under subregulation 5.51(2) commits an offence if the person contravenes the direction. The penalty for an offence is established as 50 penalty points.

Subregulation 5.51(5) provides that a direction does not have effect in relation to a person until it is given to the person.

Subregulation 5.51(6) provides that an offence against subregulation 5.54(4) is an offence of strict liability.

Regulation 5.52 - What must be recorded in a personal log book?

Subregulation 5.52(1) provides that the holder of a balloon flight crew licence or CAR certificate of validation commits an offence if the holder does not record in his or her personal log book his or her full name, address, date of birth and aviation reference number and any information about each flight undertaken by the holder that CASA directs be recorded in the log book. The penalty for an offence is established as 50 penalty points.

Subregulation 5.52(2) provides that CASA may give directions in Civil Aviation Orders setting out the information about each flight undertaken by the holder of a balloon flight crew licence or CAR certificate of validation that the holder must record in his or her personal log book.

Subregulation 5.52(3) provides that CASA must not give a direction under subregulation 5.52(2) unless it is necessary to do so in the interests of the safety of air navigation.

Subregulation 5.52(4) provides that a person to whom a direction is given under subregulation 5.52(2) commits an offence if the person contravenes the direction. The penalty for an offence is established as 50 penalty points.

Subregulation 5.52(5) provides that a direction does not have effect in relation to a person until it is given to the person.

Subregulation 5.52(6) provides that an offence against regulation 5.52 is an offence of strict liability.

Regulation 5.53 - How long must a personal log book be retained?

Subregulation 5.53(1) provides that a person commits an offence if the person is required by subregulation 5.51(1) to have a personal log book and does not retain the log book for as long as the person holds a balloon flight crew licence or CAR certificate of validation. The penalty for an offence is established as 50 penalty points.

Subregulation 5.53(2) provides that an offence against subregulation 5.53(1) is an offence of strict liability.

Regulation 5.54 - Evidence of identity--CASA's powers

Subregulation 5.54(1) provides that CASA may require a person to produce evidence of his or her identity before CASA issues a balloon flight crew licence, CAR certificate of validation, balloon flight crew rating, balloon class endorsement to the person, or the person attempts an examination conducted by CASA.

Subregulation 5.54(2) provides that, despite anything else in the CAR, if a person is required to produce evidence of his or her identity under subregulation 5.54(1), then until the person produces the evidence CASA may refuse to issue the licence, certificate, rating or endorsement or refuse to allow the person to attempt the examination.

Subregulation 5.54(3) provides that, subject to subregulation 5.54(6), if there are reasonable grounds for believing that a person has performed, or is about to perform, an activity essential to the operation of an Australian balloon, CASA may require the person to produce evidence of his or her identity.

Subregulation 5.54(4) provides that, despite anything else in the CAR, if a person who is about to perform an activity essential to the operation of an Australian balloon is required to produce evidence of his or her identity under subregulation 5.54(3), CASA may direct the person not to perform the duty until he or she produces the evidence.

Subregulation 5.54(5) provides that a person to whom a direction is given under subregulation 5.54(4) commits an offence if the person contravenes the direction. The penalty for an offence is established as 50 penalty points.

Subregulation 5.54(6) provides that CASA must not require a person to produce evidence of his or her identity under subregulation 5.54(3) unless it is necessary to do so in the interests of the safety of air navigation.

Subregulation 5.54(7) provides that a person who has performed an activity essential to the operation of an Australian balloon commits an offence if the person is required to produce evidence of his or her identity under subregulation5.54(3) and refuses to produce the evidence. The penalty for an offence is established as 50 penalty points.

Subregulation 5.54(8) provides that an offence against regulation 5.54 is an offence of strict liability.

Regulation 5.54A - Evidence of identity--examinations

Subregulation 5.54A(1) provides that a person who is permitted by Part 5 to conduct an examination may require a person to produce evidence of his or her identity before he or she attempts an examination.

Subregulation 5.54A(2) provides that, if a person is required to produce evidence of his or her identity under subregulation 5.54A(1), the examiner may refuse to allow the person to attempt the examination until he or she produces the evidence.

Regulation 5.56 - Balloon flight crew licence--production etc

Subregulation 5.56(1) provides that CASA may request the holder of a balloon flight crew licence, or CAR certificate of validation, to produce to CASA his or her licence or certificate, personal log book and medical certificate for inspection by CASA.

Subregulation 5.56(2) provides that the holder of a balloon flight crew licence, or CAR certificate of validation, commits an offence if CASA requests the holder to produce a document under subregulation 5.56(1) and the holder has immediate access to the document at the time the request is made but does not produce the document without delay or if they do not have immediate access, does not produce the document at the place specified by CASA not more than 7 days after the day of the request. The penalty for an offence is established as 50 penalty points.

Subregulation 5.56(3) provides that, for subparagraph 5.56(2)(b)(ii), CASA may specify the place at which the holder of a balloon flight crew licence or CAR certificate of validation must produce a document.

Subregulation 5.56(4) provides that an offence against subregulation 5.56(2) is an offence of strict liability.

Subregulation 5.56(5) provides that, in regulation 5.56, medical certificate includes an overseas medical certificate.

Division 5.6 Balloon flight crew licensing - balloon flying schools

This division inserts a complete new Division 5.6 inclusive of regulations 5.57 to 5.59 that relate to balloon flying schools.

Regulation 5.57 - Balloon flying schools--transfer of student records

Subregulation 5.57(1) provides that regulation 5.57 applies if a person has received balloon flying training at a balloon flying school (the first school) and the person subsequently arranges to receive balloon flying training at another balloon flying school (the other flying school).

Subregulation 5.57(2) provides that the first school must, on the written or oral request of the person or the other flying school, give a copy of the person's student record to the other flying school.

Regulation 5.58 - Balloon flying schools--chief balloon flying instructor

Subregulation 5.58(1) provides that CASA may approve the appointment of a person who holds approved qualifications to be the chief balloon flying instructor of a balloon flying school.

Subregulation 5.58(2) provides that CASA may give an approval subject to any condition that is necessary in the interests of the safety of air navigation.

Subregulation 5.58(3) provides that CASA must set out the condition in the approval or give it as a direction in Civil Aviation Orders.

Subregulation 5.58(4) provides that a person commits an offence if the person contravenes a condition of his or her approval. The penalty for an offence is established as 50 penalty points.

Subregulation 5.58(5) provides that CASA may, in writing, revoke a person's approval if the person ceases to hold the approved qualifications, there are reasonable grounds for believing that the person has contravened a condition to which his or her approval is subject or it is necessary to do so in the interests of the safety of air navigation.

Subregulation 5.58(6) provides that, if CASA revokes a person's approval, it must give the person written notice of the revocation setting out the grounds for the revocation.

Subregulation 5.58(7) provides that an offence against subregulation 5.58(4) is an offence of strict liability.

Subregulation 5.58(8) provides that, in regulation 5.58 approved qualifications means qualifications approved by CASA for subregulation 5.58(1).

Regulation 5.59 provides that CASA may publish (whether as Civil Aviation Orders or otherwise) training balloon syllabus, balloon flight crew rating syllabus and flight radiotelephone operator syllabus.

Division 5.7 Balloon flight crew licensing-flight radiotelephone operator licence

This division inserts a complete new Division 5.7 inclusive of regulations 5.61 to 5.63 that relate to the issue and authorisation of flight radiotelephone operator licences and examinations and tests for flight radiotelephone operator licences.

Regulation 5.61 - Flight radiotelephone operator licence--issue

Subregulation 5.61(1) provides that, for subregulation 5.09(1), a person is qualified to hold a flight radiotelephone operator licence if the person is at least 16 years old, and passes a flight radiotelephone theory examination and a flight radiotelephone practical test.

Subregulation 5.61(2) provides that, despite subregulation 5.61(1), a person is qualified to hold a flight radiotelephone operator licence if the person is at least 16 years old and holds, or has held, a qualification that CASA is satisfied is at least equivalent to a flight radiotelephone operator licence that was issued by the Defence Force of Australia.

Subregulation 5.61(3) provides that, despite subregulation 5.61(1), a person is qualified to hold a flight radiotelephone operator licence if the person is at least 16 years old and holds, or has held, an overseas radio licence that is at least equivalent to the flight radiotelephone operator licence.

Subregulation 5.61(4) provides that, for regulation 5.61, an overseas radio licence is equivalent to a flight radiotelephone operator licence if it authorises the holder of the licence to operate a radio communication system installed in, or carried on, an aircraft, during flight time in the aircraft.

Regulation 5.62 provides that a flight radiotelephone operator licence authorises the holder of the licence to operate a radio communication system that is installed in, or carried on, an aircraft during flight time and on the ground, and to operate a radio communication system used in connection with aircraft.

Regulation 5.63 - Flight radiotelephone operator licence--conduct of examination and test

Subregulation 5.63(1) provides that a flight radiotelephone theory examination and flight radiotelephone practical test must be conducted only by a CASA flying operations inspector or an approved check radio operator.

Subregulation 5.63(2) provides that if a person attempts a flight radiotelephone theory examination or a flight radiotelephone practical test and the examination or test is not conducted by a CASA flying operations inspector, or an approved check radio officer, the person is taken not to have passed the examination or test.

Division 5.11 Balloon flight crew licensing--commercial pilot (balloon) licences

This division inserts a complete new Division 5.11 inclusive of regulations 5.138 to 5.147 that relate to the requirements for commercial pilot (balloon) licences.

Regulation 5.138 - Commercial pilot (balloon) licence--qualifications

Subregulation 5.138(1) provides that, for subregulation 5.09(1), a person is qualified to hold a commercial pilot (balloon) licence if the person is at least 18, holds a current private pilot certificate (balloons) and has held a private pilot certificate (balloons), or a certificate or licence issued by the competent authority of a foreign country that is at least equivalent to a private pilot certificate (balloons) and passed a commercial pilot licence theory exam, flight test, completed a course of balloon flying and has aeronautical experience set out in regulation 5.145.

Subregulation 5.138(2) provides that, despite subregulation 5.138(1), a person be qualified to hold a commercial pilot (balloon) licence if the person meets the requirements of paragraphs (a) and (b) of subregulation 5.138(2).

Subregulation 5.138(3) provides that, for subparagraph 5.138(2)(b)(iv), a person is not taken to have satisfactorily completed a balloon proficiency check unless the operator who employs, or arranges the work of, the person gives CASA written notice that the person has satisfactorily completed the check.

Subregulation 5.138(4) provides that, for regulation 5.138, a certificate or licence issued by the competent authority of a country other than Australia be equivalent to a private pilot certificate (balloons) if it authorises the holder of the certificate or licence to fly balloons as pilot in command in private operations.

Subregulation 5.138(5) provides that, for regulation 5.138, an overseas balloon authorisation be equivalent to a commercial pilot (balloon) licence if it authorises the holder of the licence to fly balloons as pilot in command in aerial work operations or charter operations.

Subregulation 5.138(6) provides that, in regulation 5.138, competent authority, in relation to a foreign country, means the body that has responsibility for the licensing of persons to fly balloons in private operations in that country and private pilot certificate (balloons) means a certificate that is issued by the Australian Ballooning Federation Inc.

Regulation 5.139 provides that, subject to regulations 5.140 to 5.144, a commercial pilot (balloon) licence authorises the holder of the licence to fly a balloon that is engaged in aerial work operations or charter operations as pilot in command or as co-pilot for the purposes of acting as pilot in command under supervision.

Regulation 5.140 provides that a commercial pilot (balloon) licence does not authorise the holder of the licence to fly as pilot in command of a balloon that is engaged in aerial work operations or charter operations unless the holder also holds a balloon class endorsement which includes the class of balloon which is to be flown.

Regulation 5.141 - Commercial pilot (balloon) licence--authorisation: balloon types

Subregulation 5.141(1) provides that a commercial (balloon) pilot commits an offence if the pilot flies as pilot in command of a balloon that is engaged in aerial work operations or charter operations and has not undertaken the particular flights set out in paragraph 5.141(1)(b). The penalty for an offence against subregulation 5.141(1) is established as 50 penalty points.

Subregulation 5.141(2) provides that, for subregulation 5.141(1), each flight must include: at least one inflation of the balloon envelope, at least 30 minutes of free flight time and at least one deflation of the balloon envelope.

Subregulation 5.141(3) provides that an offence against subregulation 5.141(1) is an offence of strict liability.

Regulation 5.142 - Commercial pilot (balloon) licence--rating required

Subregulation 5.142(1) provides that a commercial pilot (balloon) licence does not authorise the holder of the licence, in the course of flying a balloon, to carry out the activities set out in paragraphs 5.142(a) and (b) for which a balloon flight crew rating is required.

Subregulation 5.142(2) provides that a commercial pilot (balloon) licence authorises the holder of the licence to fly a tethered balloon at night under the VFR without holding a balloon grade of night VFR rating.

Regulation 5.143 - Commercial pilot (balloon) licence--regular balloon flight reviews required

Subregulation 5.143(1) provides that a commercial (balloon) pilot commits an offence if the pilot flies as pilot in command of a balloon that is engaged in aerial work operations or charter operations and has not, within the period of 2 years immediately before the day of the flight, satisfactorily completed a balloon flight review. The penalty for an offence is established as 50 penalty points.

Subregulation 5.143(2) provides that a balloon flight review must be conducted only by an appropriate person in a balloon for which the pilot holds a balloon class endorsement, and must include at least one inflation of the balloon envelope, 30 minutes of flight time and one deflation of the balloon envelope.

Subregulation 5.143(3) provides that, if a commercial (balloon) pilot undertakes a balloon flight review, and the requirements of subregulation 5.143(2) are not satisfied in relation to the review, the pilot is taken not to have satisfactorily completed the review.

Subregulation 5.143(4) provides that a person commits an offence if they conduct a balloon flight review of a commercial (balloon) pilot and, after the pilot satisfactorily completes the review, they do not make an entry in the pilot's personal log book to the effect that the pilot has satisfactorily completed the review. The penalty for an offence is established as 50 penalty points.

Subregulation 5.143(5) provides that, for regulation 5.143, a commercial (balloon) pilot be taken to have satisfactorily completed a balloon flight review if, within the period of 2 years immediately before the day of a proposed flight, the pilot satisfies the requirements of paragraphs (a) to (c) of subregulation 5.143(5).

Subregulation 5.143(6) provides that an offence against regulation 5.143 is an offence of strict liability.

Subregulation 5.143(7) provides that, in regulation 5.143, appropriate person means an authorised balloon flight instructor, a CASA flying operations inspector or an authorised person; balloon conversion training means training undertaken by a commercial (balloon) pilot for the purpose of qualifying for a balloon class endorsement; and balloon flight review means a test of the aeronautical skills and aeronautical knowledge of the person undertaking the review that are relevant to the safe flight of balloons in aerial work operations or charter operations.

Regulation 5.144 - Commercial pilot (balloon) licence--recent experience requirements

Subregulation 5.144(1) provides that a commercial (balloon) pilot commits an offence if the pilot flies as pilot in command of a balloon that is engaged in charter operations and has not, within the period of 90 days immediately before the day of the flight, undertaken at least one flight as pilot in command, or pilot acting in command under supervision, of a balloon. The penalty for an offence is established as 50 penalty points.

Subregulation 5.144(2) provides that, for subregulation 5.144(1), the flight must include at least one inflation of the balloon envelope, at least 30 minutes of free flight time and at least one deflation of the balloon envelope.

Subregulation 5.144(3) provides that an offence against subregulation 5.144(1) is an offence of strict liability.

Regulation 5.145 provides that, for paragraph 5.138(1)(g), a person's aeronautical experience must consist of at least 75 hours flight time as pilot in command of a balloon that includes at least 60 hours of free flight time and five hours of tethered flight time.

Regulation 5.146 provides that, for paragraph 5.138(1)(f), a course of balloon flying training must include at least eight hours of balloon flying training that meets the requirements of subparagraphs 5.146(a)(i) - (iii), be conducted in accordance with the relevant balloon syllabus and be conducted by an authorised balloon flight instructor.

Regulation 5.147 - Commercial pilot (balloon) licence--flight tests

Subregulation 5.147(1) provides that commercial pilot (balloon) licence flight test must be conducted only by a CASA flying operations inspector or an approved person in a balloon for which the person attempting the test is qualified to hold a balloon class endorsement.

Subregulation 5.147(2) provides that an approved balloon testing officer, or a CASA flying operations inspector, commits an offence if the officer or inspector conducts a commercial pilot (balloon) licence flight test and the person attempting the test has not been recommended for the test by the chief balloon flying instructor of the balloon flying school where the person attempts the test. The penalty for an offence is established as 50 penalty points.

Subregulation 5.147(3) provides that a chief balloon flying instructor commits an offence if the chief balloon flying instructor recommends a person for a commercial pilot (balloon) licence flight test and the person does not satisfy the requirements of paragraphs 5.138(1)(b), (c), (d), (f) and (g). The penalty for an offence is established as 50 penalty points.

Subregulation 5.147(4) provides that a chief balloon flying instructor commits an offence if the chief balloon flying instructor recommends a person for a commercial pilot (balloon) licence flight test and the person is not at least 17 years old. The penalty for an offence is established as 50 penalty points.

Subregulation 5.147(5) provides that, if a person attempts a commercial pilot (balloon) licence flight test and the requirements of subregulations (1), (2), (3) and (4) are not satisfied in relation to the attempt the person is taken not to have passed the test.

Subregulation 5.147(6) provides that CASA may approve a person for subregulation 5.147(1) to conduct a commercial pilot (balloon) flight test.

Subregulation 5.147(7) provides that an offence against regulation 5.147 is an offence of strict liability

Item [6] Regulations 83 to 83F

Item [6] substitutes regulations 83 to 83F with a new Regulation 83 - Transmitting on aeronautical radio frequencies.

Subregulation 83(1) provides that a person commits an offence if the person transmits on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation and the person is not qualified to transmit on the radio frequency.

Subregulation 83(2) provides that, for paragraph 83(1)(b), a person is qualified to transmit on a radio frequency of a kind mentioned in paragraph 83(1)(a) if the person meets the requirements of paragraphs (a) to (c) of subregulation 83(2).

Subregulation 83(3) provides that an offence against subregulation 83(1) is an offence of strict liability

Item [7] Regulation 141

Item [7] omits Regulation 141 relating to low flying or acrobatic flying over a training area.

Item [8] Subregulation 149(1), including the penalty

Item [8] substitutes subregulation 149(1) with a new subregulation 149(1) that creates an offence for the pilot in command of an aircraft if he or she permits anything to be towed by the aircraft and the requirement mentioned in subregulation 149(1A) is not met. The penalty for an offence against subregulation 149(1) is established as 50 penalty points.

Item [9] Regulation 155

Item [9] substitutes regulation 155 with a new regulation 155 that includes provisions relating to aerobatic manoeuvres.

Subregulation 155(1) provides that a pilot in command of an aircraft commits an offence if the pilot conducts an aerobatic manoeuvre at night. The penalty for an offence against subregulation 155(1) is 25 penalty points.

Subregulation 155(2) provides that the pilot in command of an aircraft commits an offence if the pilot conducts an aerobatic manoeuvre that is not in visual meteorological conditions (VMC). The penalty for an offence against subregulation 155(2) is 25 penalty points.

Subregulation 155(3) provides that the pilot in command of an aircraft commits an offence if the pilot conducts a particular kind of aerobatic manoeuvre and neither of the following state that the aircraft may perform that kind of aerobatic manoeuvre: the aircraft's certificate of airworthiness, the aircraft's flight manual. The penalty for an offence against subregulation 155(3) is 25 penalty points.

Subregulation 155(4) provides that a person commits an offence if the person conducts an aerobatic manoeuvre over a populous area or public gathering and the person does not have CASA's written permission to do so. The penalty for an offence against subregulation 155(4) is 25 penalty points.

Subregulation 155(5) provides that a pilot in command of an aircraft commits an offence if the pilot conducts an aerobatic manoeuvre and the pilot does not, before conducting the aerobatic manoeuvre, take action necessary to ensure that the requirements of subparagraphs 155(5)(b)(i) to (v) are met. The penalty for an offence against subregulation 155(5) is 25 penalty points.

Subregulation 155(6) provides that an offence against regulation 155 is an offence of strict liability.

Item [10] Subregulations 156(1) and (2)

Item [10] omits 'regatta, race meeting or public gathering' and inserts 'a public gathering' in subregulations 156(1) and (2).

Item [11] Paragraph 157(4)(c)

Item [11] substitutes the current paragraph 157(4)(c) with a new paragraph.

Subregulation 157(4)(c) the pilot of the aircraft is receiving flight training in low-level operations or aerial application operations, within the meaning of Part 61 of CASR; or

Item [12] Paragraph 163AA(1)(a)

Item [12] substitutes the current paragraph 163AA(1)(a) with a new paragraph.

Subregulation 163AA(1)(a) each of the pilots in command is authorised, under Part 61 of CASR, to fly in formation;

Item [13] Subregulations 163AA(2) to (5)

Item [13] omits subregulations 163AA(2) to (5).

Item [14] Regulation 174C

Item [14] omits Regulation 174C.

Item [15] Regulation 176

Item [15] omits Regulation 176.

Item [16] Subparagraph 206(1)(a)(vi)

Item [16] substitutes existing subparagraph 206(1)(a)(vi) with a new subparagraph 206(1)(a)(vi) being "balloon flying training (within the meaning of subregulation 5.01(1)) for the grant of a balloon flight crew licence or rating".

Item [17] Subregulation 206(2)

Item [17] omits subregulation 206(2).

Item [18] After regulation 210

Item [18] inserts new Regulation 210A after Regulation 210.

Regulation 210A - Flight time limitations

Subregulation 210A(1) provides that CASA may, in writing, give directions to a licence-holder or an aircraft operator about any of the matters set out in paragraphs (a) to (e) of subregulation 210A(1).

Subregulation 210A(2) provides that CASA may, in writing, give directions to an aircraft operator about the circumstances in which an operator must not require a licence-holder to fly as a member of the flight crew of an aircraft or perform any other duty associated with the holder's employment.

Subregulation 210A(3) provides that a person commits an offence if CASA gives the person a direction under subregulation 210A(1) or (2) and the person does not comply with the direction. The penalty for an offence is established as 50 penalty points.

Subregulation 210A(4) provides that an offence against regulation 210A is an offence of strict liability.

Subregulation 210A(5) provides that, in regulation 210A, licence holder, reserve time, rest period and tour of duty have the meanings set out in subregulation 210A(5).

Regulation 210B - Pilot in command under supervision

Subregulation 210B(1) provides that an operator of an aircraft commits an offence if the operator permits a person to pilot the aircraft as pilot in command under supervision and the person is not authorised under Part 61 to pilot the aircraft as pilot in command under supervision.

Subregulation 210B(2) provides that an offence against subregulation 210B(1) is an offence of strict liability.

Item [19] After regulation 224

Item [19] inserts new Regulation 224A after Regulation 224.

Regulation 224A - Commercial operations carrying passengers--requirements if pilot in command 60 or more

Subregulation 224A(1) provides that the operator and pilot in command of an Australian aircraft each commit an offence if a flight of the aircraft is a commercial operation and a passenger is carried on the flight and the pilot in command of the aircraft is at least 60 and the aircraft is an aircraft of a category mentioned in subregulation 224A(2). The penalty for an offence is established as 50 penalty points.

Subregulation 224A(2) provides that, for paragraph 224A(1)(d), the aircraft categories are aeroplanes, helicopters, powered-lift aircraft, gyroplanes and airships.

Subregulation 224A(3) provides that subregulation 224A(1) does not apply if one of the conditions set out in paragraphs (a) to (d) of subregulation 224A(3) is met.

Subregulation 224A(4) provides that, for paragraphs 224A(3)(c) and (d), the requirement is that the pilot in command has successfully completed an operator proficiency check or flight review in an aircraft of the same category or an approved flight simulator for the category of aircraft.

Subregulation 224A(5) provides that an offence against subregulation 224A(1) is an offence of strict liability.

Subregulation 224A(6) provides the meanings in regulation 224A of approved flight simulator, category and qualified pilot.

Item [20] Regulation 229

Item [20] substitutes Regulation 229 with new regulations 228A and 229.

Regulation 228A provides that, for regulations 229 and 230, a person is qualified to taxi an aircraft if the person is authorised to taxi the aircraft under Part 61 or 64 or, for a foreign registered aircraft, the person is authorised (however described) to taxi or fly the aircraft under the law of the aircraft's State of registry.

Regulation 229 - Operation of aircraft on ground--only qualified persons may taxi aircraft

Subregulation 229(1) provides that a person commits an offence if the person taxis an aircraft and the person is not qualified to taxi the aircraft. The penalty for an offence is established as 50 penalty points.

Subregulation 229(2) provides that an offence against subregulation 229(1) is an offence of strict liability.

Item [21] Subregulation 230(2)

Item [21] omits 'or by a person who may, under Part 5, fly the aircraft' from subregulation 230(2) and inserts 'or by a person who is qualified to taxi the aircraft' in its place.

Item [22] Paragraph 249(1)(a)

Item [22] substitutes Paragraph 249(1)(a) with a new paragraph as set out in this item.

Item [23] Paragraph 262AL(2)(f)

Item [23] omits 'aircraft endorsement' from paragraph 262AP(2)(c) and inserts 'aircraft class or type rating' in its place.

Item [24] Paragraph 262AM(2)(f)

Item [24] omits 'aircraft endorsement' from paragraph 262AM(2)(f) and inserts 'aircraft class or type rating' in its place.

Item [25] Paragraph 262AM(7)(a)

Item [25] substitutes paragraph 262AM(7)(a) with a new paragraph 262AM(7)(a) as set out in this item.

Item [26] Paragraph 262AP(2)(c)

Item [26] omits 'aircraft endorsement' from paragraph 262AP(2)(c) and inserts 'aircraft class or type rating' in its place.

Item [27] Subregulation 263(1), definition of certificate

Item [27] substitutes subregulation 263(1), definition of certificate with the meaning: a certificate under Division 3 of Part 4, a certificate of validation or a CAR certificate of validation within the meaning of subregulation 5.01(1).

Item [28] Subregulation 263(1), definition of licence

Item [28] substitutes subregulation 263(1), definition of licence with the meaning set out in in this item.

Item [29] Subregulation 263(4)

Item [29] omits subregulation 263(4).

Item [30] Regulation 264

Item [30] substitutes subregulation 264 with new regulation 264.

Regulation 264 provides that CASA must not refuse to grant a certificate under Division 3 of Part 4 except on one or more of the grounds set out in paragraphs 264(a) to (d).

Item [31] Paragraph 265(1)(a)

Item [31] omits 'regulation 5.38, 107 or 117; or' from paragraph 265(1)(a) and inserts 'regulation 299; or' in its place.

Item [32] Regulation 272A, heading

Item [32] substitutes the heading 'Regulation 272A' to 'Effect of suspension of approval, authority, certificate or licence'.

Item [33] Subregulation 298A(8), definition of aircraft endorsement

Item [33] omits subregulation 298A(8), definition of aircraft endorsement.

Item [34] Subregulation 298A(8), definition of certificate, paragraph (b)

Item [34] substitutes '(b) a certificate under Part 8; or (c) a certificate of validation; or (d) a CAR certificate of validation within the meaning of subregulation 5.01(1).'

Item [35] Subregulation 298A(8), definition of endorsement, paragraph (b)

Item [35] substitutes '(b) a flight crew endorsement; or (ba) a balloon class endorsement within the meaning of subregulation 5.01(1); or'.

Item [36] Subregulation 298A(8), definition of licence, after paragraph (b)

Item [36] inserts '(ba) a balloon flight crew licence within the meaning of subregulation 5.01(1); or'.

Item [37] Subregulation 298A(8), definition of rating, after paragraph (a)

Item [37] inserts '(aa) a balloon flight crew rating within the meaning of subregulation 5.01(1); or'.

Item [38] After regulation 298E

Item [38] inserts new Regulation 299 after Regulation 298E.

Regulation 299 - Further examination of holders of flight crew licences etc.

Subregulation 299(1) provides that regulation 299 applies to the holder of any of the qualifications listed in paragraphs (a) to (c) of subregulation 299(1).

Subregulation 299(2) provides that, if CASA considers it necessary in the interests of the safety of air navigation, CASA may give the holder a notice in writing requiring the holder to undertake an examination specified by CASA to demonstrate that the holder continues to possess the aeronautical skills and aeronautical knowledge appropriate to the licence, rating, endorsement or certificate. The notice must include the reasons for CASA's decision and the time and place of the examination.

Subregulation 299(3) provides that CASA must not set out a time under paragraph (2)(c) that is within 21 days after the date of the notice.

Subregulation 299(4) provides that a person who is given a notice under subregulation 299(2) commits an offence if the person refuses to undertake an examination or fails to attend at the time and place set out in the notice. The penalty for an offence against subregulation 299(4) is established as 50 penalty points.

Subregulation 299(3) provides that an offence against subregulation 299(4) is an offence of strict liability.

Item [39] Subregulation 302(1)

Item [39] omits 'other than a flight crew licence or a special pilot licence,' and 'inserts 'other than a flight crew licence,' in subregulation 302(1).

Item [40] Subregulation 303(2)

Item [40] substitutes '(2) in this regulation: licence includes: (a) a flight crew rating or endorsement; or (b) a balloon flight crew rating or balloon class endorsement within the meaning of subregulation 5.01(1)' within subregulation 303(2).

Item [41] Part 20, after Division 2

Item [41] inserts a new Division 3 - Transitional provisions relating to remaking of Part 5 (commencing on 4 December 2013) after Division 2 of Part 20.

Division 3

This division inserts a complete new Division 3 inclusive of regulations 333 - 335.

Regulation 333 - Certain civil aviation authorisations not affected by substitution of Part 5 on 4 December 2013

Subregulation 333(1) provides that subregulation 333(2) applies to a balloon-related civil aviation authorisation issued under Part 5 if the authorisation was in force immediately before 4 December 2013.

Subregulation 333(2) provides that, despite the substitution of Part 5 on 4 December 2013, the authorisation continue in force according to its terms as if the substitution had not occurred.

Subregulation 333(3) provides that subregulation 333(4) applies to a balloon-related civil aviation authorisation if the authorisation was under suspension immediately before 4 December 2013.

Subregulation 333(4) provides that, despite the substitution of Part 5 on 4 December 2013, the authorisation is not repealed and its suspension continues according to its terms, as if the substitution had not occurred.

Regulation 334 - Civil Aviation Orders for Part 5 - balloons

Subregulation 334(1) provides that regulation 334 applies to a Civil Aviation Order made under a provision mentioned in subregulation 334(2) if the Order was in force immediately before 4 December 2013 and related to balloons.

Subregulation 334(2) provides that, for subregulation 334(1), the provisions are (a) regulation 5.14, (b) regulation 5.17, (c) regulation 5.19, (d) regulation 5.20, (e) regulation 5.52, (f) regulation 5.58 and (g) regulation 5.59.

Subregulation 334(3) provides that, despite the substitution of Part 5 on 4 December 2013, the Civil Aviation Order continues in force according to its terms to the extent that it relates to balloons as if the substitution had not occurred.

Regulation 335 - Civil Aviation Orders - flight time limitations

Subregulation 335(1) provides that regulation 335 applies to a Civil Aviation Order made under regulation 5.55 if the Order was in force immediately before 4 December 2013.

Subregulation 335(2) provides that the Civil Aviation Order continues in force according to its terms as if it had been made on 4 December 2013 under regulation 210A.

Commonwealth Numbered Regulations - Explanatory Statements