Document ID: chunk:federal_register_of_legislation:F2023C00716:body:0:p53
Version: federal_register_of_legislation:F2023C00716
Segment Type: other
Provision Reference: 
Character Range: 247299–250251

day the assessment is conducted;

(c) if the person was assessed as meeting the ICAO level 4 aviation English language proficiency standards—for 3 years beginning on the day the assessment is conducted.

13.04 Ongoing English language proficiency requirements—directions

       (1) This section:

(a) is made for regulation 11.245 of CASR; and

(b) provides for aviation English language proficiency (Part 65) assessments to be kept current.

 ATC licence holders

       (2) The holder of an ATC licence must not carry out an air traffic control function if, at the time the person carries out the function, the person does not hold a current aviation English language proficiency (Part 65) assessment.

 Flight service licence holders

       (3) The holder of a flight service licence must not carry out a flight service function if, at the time the person carries out the function, the person does not hold a current aviation English language proficiency (Part 65) assessment.

 ATS provider's obligations

       (4) An ATS provider must ensure that the holder of an ATC licence or a flight service licence does not perform a function for the ATS provider, authorised by the licence, if the person does not hold a current aviation English language proficiency (Part 65) assessment.

 Repeal of directions

       (5) This section is repealed at the end of 31 July 2026.

13.05 Savings provisions—English language assessments conducted before commencement of section 13.02

       (1) In this section:

commencement time means the time at which section 13.02 commences.

ATS provider's English language proficiency assessor means a person:

(a) employed by an ATS provider; and

(b) appointed by the ATS provider to conduct assessments of English language proficiency.

       (2) Subsection (4) applies to a person if, before the commencement time, the person was assessed by CASA, or a Part 65 language assessor, as meeting the ICAO level 6 aviation English language proficiency standards mentioned in the Part 61 Manual of Standards.

       (3) Subsection (4) also applies to a person if, before 1 September 2014, the person was assessed by an ATS provider's English language proficiency assessor as meeting the ICAO level 6 English language proficiency standards mentioned in Annex 1 to the Chicago Convention.

Note   The Civil Aviation Legislation Amendment Regulation 2013 (No. 1), that inserted Part 61 into CASR, commenced on 1 September 2014.

       (4) The person is taken to hold a current aviation English language proficiency (Part 65) assessment conducted under section 13.02.

       (5) Subsection (6) applies to a person if:

(a) before the commencement time, the person was assessed by an aviation English language proficiency assessor as meeting the ICAO level 5, or level 4, aviation English language proficiency standards mentioned in the Part 61 Manual of Standards; and

(b) at the commencement time, the assessment