Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p19
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 19/27)
Character Range: 108343–111191

safety that is at least acceptable as paramount.

11.175  Renewal of exemptions under this Division
 (1) CASA must not grant an exemption under this Division to a person in the same or similar terms as an exemption previously granted under this Division to the person unless the person:
 (a) applies, in accordance with regulation 11.165, for the new exemption; and
 (b) includes with the application a statement of the additional reasons why the exemption is necessary, or the reasons why the continuation of the exemption is necessary.
 (2) Regulations 11.035 to 11.050 apply in relation to the consideration of an application mentioned in subregulation (1).
 (3) For that application, a reference to an authorisation is taken to be a reference to an exemption.
 (4) In making its decision, CASA must:
 (a) take into account the reasons given by the applicant for the new exemption, or the continuation of the exemption, and the fact that the applicant has previously been granted a similar exemption; and
 (b) regard the preservation of a level of aviation safety that is at least acceptable as paramount.

Division 11.F.2—Grant of exemptions in exceptional circumstances

11.180  Purpose of Division
  This Division provides for the granting of exemptions in exceptional circumstances.

11.185  Exemptions in exceptional circumstances
 (1) For subsection 98(5A) of the Act, in exceptional circumstances CASA may, by instrument, grant an exemption under this Division from compliance with:
 (a) a provision of these Regulations; or
 (b) a provision of a Civil Aviation Order;
in relation to a matter mentioned in that subsection.
 (2) In subregulation (1):
exceptional circumstances means the circumstances of a major natural disaster, some other large‑scale emergency, or an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates, that requires the use of air transport, or some other aviation activity, in a way that is not reasonably possible in compliance with these Regulations.
Example: Following the destruction of Darwin by Cyclone Tracy, airliners were permitted to operate when severely overloaded to allow evacuation of the city as rapidly as possible.
 (3) To avoid doubt, it is not necessary for subregulation (1) that a state of emergency or natural disaster need have been declared.
 (4) CASA may grant an exemption under this Division to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.
 (5) CASA may grant an exemption under this Division either on application or on its own initiative.
Note 1: For the application of the Legislation Act 2003 to an instrument granting an exemption under this Division, see subsections 98(5AA), (5AB), (5B) and (5BA) of the Act.
Note