Document ID: chunk:federal_register_of_legislation:F2024L01549:body:0:p10
Version: federal_register_of_legislation:F2024L01549
Segment Type: other
Provision Reference: 
Character Range: 24495–27226

the operator's first use of any of the following in an Australian air transport operation:
(a) an aircraft covered by a class rating where the aircraft is the first aircraft of that class rating to be used by the operator for Australian air transport operations;
(b) a pressurised aircraft;
(c) a turbine-powered aircraft;
(d) an aeroplane that:
           (i) is covered by a class rating; and
           (ii) has an MOPSC > 9, or an MTOW > 8 618 kg;
(e) a rotorcraft that:
           (i) is covered by a class rating; and
           (ii) has an MTOW > 3 175 kg.

8 HOFO requirements — exemption
       (1) In this section:
operator means an Australian air transport operator who, immediately before 2 December 2021, held an AOC, or was an early applicant for an AOC or an AOC variation, that:
(a) authorised the use of single-pilot type certificated aircraft for:
           (i) charter operations; or
           (ii) aerial work (air ambulance) operations; and
(b) did not authorise regular public transport operations.
       (2) This section applies to a person (the relevant HOFO) who:
(a) on 2 December 2021 was the HOFO or the nominated HOFO (as the case requires) of an operator; and
(b) immediately before 2 December 2021 was the operator's Chief Pilot or nominated Chief Pilot; and
(c) immediately before 2 December 2021 did not hold an ATPL.
       (3) A relevant HOFO is exempted from the requirements of:
(a) paragraph 119.135(1)(a) of CASR; and
(b) subregulation 119.135(2).
       (4) The exemptions under subsection (3) are subject to the condition that the HOFO must meet the requirements set out in subclause 4.3 in Appendix 1 of CAO 82.0, as in force immediately before 2 December 2021, as if:
(a) subclause 4.3 continued to apply; and
(b) the HOFO was a Chief Pilot; and
(c) the operator was the AOC holder.
       (5) This section ceases to have effect on the earliest of the following:
(a) the day on which the operator commences scheduled air transport operations;
(b) the day the HOFO ceases to be the operator's HOFO;
(c) the end of a date to be specified in writing by CASA.
       Note   Through its website, and in communications to relevant operators, CASA will give at least 3 months' notice of any appropriate specified date.

9 HOFO requirements — directions
       (1) This section applies to an operator mentioned in section 8.
       (2) The operator must ensure that the HOFO complies with the requirements under subsection 8(4).
       (3) If the operator intends that when the exemptions under section 8 cease to have effect, the HOFO to whom they applied will continue to be the operator's HOFO, then, before that ceasing to have effect, the operator must give CASA the operator's exposition