Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p18
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 18/27)
Character Range: 105843–108582

exemptions in exceptional circumstances, such as a natural disaster.

11.160  What exemptions can be granted under this Division
 (1) For subsection 98(5A) of the Act, 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) 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.
 (3) 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 2: For review of a decision refusing to grant an exemption under this Division, see regulation 201.004.

11.165  Applications for exemptions
 (1) A person may apply to CASA, in accordance with this regulation, for an exemption under this Division.
 (2) The application must be in writing.
 (3) The application must set out:
 (a) the applicant's name and address; and
 (b) details of any relevant authorisation; and
 (c) references to the relevant provisions of these Regulations; and
 (d) details of any aircraft or aeronautical product, or type of aircraft or aeronautical product, or material or kind of material, or service or kind of service, to be affected by the exemption; and
 (e) if the exemption will affect a particular kind of operation, the kind of operation; and
 (f) the reasons why the exemption is necessary; and
 (g) details of how the applicant proposes to ensure that an acceptable level of safety will be provided when operating in accordance with the exemption; and
 (h) the date on which the applicant requires the exemption to commence; and
 (i) how long the applicant requires the exemption to remain in effect.
 (4) Unless CASA agrees otherwise, the applicant must give the application to CASA at least 3 months before the day on which the applicant requires the exemption to commence.

11.170  Consideration of applications
 (1) Regulations 11.035 to 11.050 apply in relation to an application under this Division.
 (2) For that application, a reference to an authorisation is taken to be a reference to an exemption.
 (3) In making its decision, CASA must regard the preservation of a level of aviation 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