Document ID: chunk:federal_register_of_legislation:F2021C01239:front:0:p3
Version: federal_register_of_legislation:F2021C01239
Segment Type: other
Provision Reference: 
Character Range: 5119–7826

CASR, it is an offence for a person holding a flight crew licence to contravene a condition of the licence.

5 When the CAO takes effect
       5.1Without affecting this CAO as in force immediately before 2 December 2021, this CAO takes effect:
(a) for an operator who holds an AOC or certificate mentioned in paragraph 4.1 — on and from 2 December 2021; and
(b) for a person who is issued with an AOC or certificate mentioned in paragraph 4.1 — on and from the day the AOC or certificate is issued; and
(c) for a flight crew member of an operator or person mentioned in subparagraph (a) or (b) — on and from the day mentioned in subparagraph (a) or (b) for the operator or person; and
(d) for a flight crew member on a flight conducted as a private operation — on and from 2 December 2021.
       5.2Each flight crew member of an operator or person mentioned in paragraph 5.1 must comply with the applicable requirements of this CAO that apply to, and take effect for, the operator or person in accordance with this subsection.

5A Approval of non-compliance
       5A.1CASA may, on application or on its own initiative, by instrument in writing, approve limited or minor non-compliance with the requirements of a specified provision of this CAO.
       5A.2An approval has the effect that the specified provision of this CAO does not apply to the AOC holder to whom the approval applies, provided that any conditions expressed in the approval are complied with.
Note   The expression AOC holder includes the holder of a Part 138 certificate or a Part 141 certificate: see the definition of AOC holder in subsection 6.
       5A.3An approval mentioned in paragraph 5A.2 has the effect that the specified provision of this CAO does not apply to the AOC holder's flight crew members.
       5A.4CASA must not grant an approval unless CASA is satisfied that compliance with the approval, including any conditions of the approval, will preserve an acceptable level of aviation safety.
       5A.5An instrument of approval is a legislative instrument if the instrument is expressed to apply to a class of AOC holders.
       5A.6An instrument of approval is not a legislative instrument if the instrument is expressed to apply to a particular AOC holder.

6 Definitions
       6.1In this CAO:
access, in a provision referring to 1 or more of the following (necessities):
(a) a crew rest facility;
(b) suitable sleeping accommodation;
(c) suitable resting accommodation;
(d) adequate sustenance;
means that there is no restriction on, or impediment to, a flight crew member's immediate and actual use of the necessity:
(e) in accordance with the provision; or
(f) if the provision is a definition — in accordance