Document ID: chunk:federal_register_of_legislation:F2024L01553:body:0:p2
Version: federal_register_of_legislation:F2024L01553
Segment Type: other
Provision Reference: 
Character Range: 2581–5447

the purpose of certifying the aircraft, or the NVIS, for NVIS operations mentioned in any other paragraph of this definition.
operational safety-critical personnel has the meaning given by the CASR Dictionary.
Part 142 operator has the meaning given by subregulation 142.015(4) of CASR.
private operation has the meaning given by the CASR Dictionary.
recognised foreign State has the meaning given by regulation 61.010 of CASR.
the Act means the Civil Aviation Act 1988.
       (2) To avoid doubt, in this instrument, unless a contrary intention appears:
(a) words and expressions have the same meaning as in Part 138 of CASR and in the Act; and
(b) mention of a provision with the prefix "138." is a reference to that provision as contained in Part 138 of CASR; and
(c) mention of a provision with the prefix "91." is a reference to that provision as contained in Part 91 of CASR, the CASR Dictionary and the Act, as applicable.
       (3) To avoid doubt, any document incorporated into this instrument is so incorporated as it is in force from time to time.

3A Table of Contents
        The Table of Contents for this instrument is not part of this instrument. It is for guidance only and may be edited or updated by CASA in any published version of this instrument.

4 Application
        This instrument applies according to its terms.

Part 2 Exemptions from Part 138

5 Key personnel – unable to carry out responsibilities – exemption
       (1) This section applies to an aerial work certificate holder (the operator).
       (2) The operator is exempted from compliance with subregulation 138.075(1).
       (3) The exemption under subsection (2) is subject to the condition that the operator must comply with the requirements of subregulation 138.075(1) as if the reference to "30 days" were a reference to "35 days".

6 Compliance with requirements of aerial work certificate – CEO responsibilities – exemption
       (1) This section applies to an aerial work certificate holder (the operator) who is not required under regulation 138.140 to have a safety management system.
       (2) The operator is exempted from compliance with paragraph 138.050(1)(b) and regulation 138.055, but only to the extent of the requirement that the operator must comply with the condition in paragraph 138.050(1)(b) that relates to the responsibilities and accountabilities of the operator's chief executive officer under paragraph 138.085(1)(d).
       (3) The exemption in subsection (2) is subject to the condition that the operator must ensure that the operations manual requirement under paragraph 138.155(1)(l) is complied with.

7 Qualifications and experience of key personnel — exemption
       (1) This section applies to an aerial work certificate holder (the operator) who, immediately before 2 December 2021, held an AOC, or was an early applicant for an AOC,