Document ID: chunk:federal_register_of_legislation:F2024L01553:body:0:p15
Version: federal_register_of_legislation:F2024L01553
Segment Type: other
Provision Reference: 
Character Range: 36686–39522

of an exemption under CASA EX87/21 relating to SMS under which requirements to introduce an SMS are taken to have been complied with.
       (2) This section applies to an aerial work certificate holder (the operator) for aerial work operations (the operations) if the operator:
(a) is required under regulation 138.140 to have an SMS for the operations; and
(b) is not taking the benefit of the exemption from that obligation provided by CASA EX73/24 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2024.
       (3) The operator must comply with the following provisions of Civil Aviation Order 82.5, as in force immediately before 2 December 2021, as if they applied to the operator and as they relate to any safety information arising from the operations:
(a) subparagraphs 2A.2(f) and (h);
(b) subparagraph 2A.2(g), but only to the extent that the operator has implemented an FDAP;
(c) subparagraphs 2A.3(d) and (e), but only to the extent that the operator has implemented an FDAP;
       Note   The deemed application of sub-subparagraph 2A.3(d)(i) does not prevent an operator from using safety information for the purposes of taking preventive, corrective or remedial action that is necessary to maintain or improve safety. An example of the use of safety information for these purposes is its use by an operator for internal training purposes.
(d) subsection 2AA;
(e) Appendix 1A.

23 First use of NVIS in an NVIS operation under Part 138 – significant change – direction
       (1) This section applies to an aerial work certificate holder (the operator) for aerial work operations (the operations).
       (2) Before conducting an NVIS operation for the first time in an aerial work operation, the operator must apply for, and obtain, the written approval of CASA as if:
(a) the first conduct of the NVIS operation were a significant change within the meaning of that expression in regulation 138.012; and
(b) regulations 138.062, 138.064, and 138.066 applied to the first conduct of the NVIS operation as if it were such a significant change.
Note   An approval given by CASA under paragraph 23(2)(b) of CASA EX86/21 continues under this instrument — see section 30.
       (3) If CASA gives the operator its approval under subsection (2) for a particular NVIS operation, no subsequent approval under subsection (2) is required before the operator may conduct a different NVIS operation for the first time in an aerial work operation.

24 Retention of historical flight crew member records — direction
       (1) This section applies to an aerial work certificate holder (the operator) for aerial work operations if, immediately before 2 December 2021, the operator was an AOC holder authorised to conduct aerial work operations other than aerial work (air