Document ID: chunk:federal_register_of_legislation:F2022L00641:body:0:p4
Version: federal_register_of_legislation:F2022L00641
Segment Type: other
Provision Reference: 
Character Range: 8116–11003

covered by the certification mentioned in subsection 7 (1), in accordance with the standards mentioned in the MOS; and
           (ii) the approved flight tester does not assess the applicant against the competency standards that are covered by the certification mentioned in subsection 7 (1);
       (d) subparagraph 61.1300 (4) (b) (ii), to the extent that the applicant does not, in relation to the rating, comply with paragraph 61.195 (2) (d) and regulation 61.205 of CASR.
       (2) An approved flight tester, who is a person approved under regulation 61.040 of CASR conducting a flight test for an applicant for an affected type rating, is exempt from compliance with subregulation 61.245 (2) of CASR.
       (3) An approved flight tester, who is a person approved under regulation 61.040 of CASR conducting a flight test for an applicant for an affected type rating, is exempt from compliance with regulation 11.077 of CASR, to the extent that CASA has imposed conditions on the approval which require the approved flight tester to comply with the following provisions of CASR:
       (a) subregulation 61.245 (2);
       (b) subparagraph 61.1295 (1) (b) (i), to the extent that the subparagraph requires the approved flight tester to have been nominated by the approved training provider that provided the applicant with flight training in a low‑fidelity simulator;
       (c) paragraph 61.1295 (3) (b), to the extent that:
           (i) the flight test is not conducted, for the competency standards that are covered by the certification mentioned in subsection 7 (1), in accordance with the standards mentioned in the MOS; and
           (ii) the approved flight tester does not assess the applicant against the competency standards that are covered by the certification mentioned in subsection 7 (1);
       (d) subparagraph 61.1300 (4) (b) (ii), to the extent that the applicant does not, in relation to the rating, comply with paragraph 61.195 (2) (d) and regulation 61.205 of CASR.
Note   Regulation 11.077 makes it an offence for a person to breach a condition on an authorisation. CASA imposes conditions on an approval, under regulation 61.040 of CASR, of a person to conduct a flight test. Those conditions may include requirements for the approval holder to comply with the provisions of CASR mentioned in paragraphs (3) (a) to (d).
       (4) The exemptions in subsections (1) to (3) are subject to the condition in section 9.

9 Condition — approved flight tester of applicant for affected type rating
        The approved flight tester must not conduct the flight test for the applicant unless the approved flight tester:
       (a) has been provided with the certificate, in relation to the flight training of the applicant in a low-fidelity simulator, mentioned in subsection 7 (1); and
       (b) is satisfied that the applicant meets the requirement mentioned