Document ID: chunk:federal_register_of_legislation:F2024L01554:body:0:p5
Version: federal_register_of_legislation:F2024L01554
Segment Type: other
Provision Reference: 
Character Range: 10647–13603

relieved of that requirement by subregulation 138.140(2).
       (2) This Part applies to an aerial work operator (the relevant operator) who, immediately before 2 December 2021:
(a) held an AOC, or was an early applicant for an AOC or an AOC variation, that:
           (i) authorised an aerial work operation (other than an aerial work (air ambulance) operation); and
           (ii) did not authorise regular public transport operations; and
           (iii) did not authorise Part 142 activities in an aircraft; and
(b) was not the subject of a direction under regulation 11.245 to have an SMS.

16 Exemptions
        A relevant operator is exempted from compliance with the following provisions:
(a) paragraphs 138.085(1)(c) and (d);
(b) regulation 138.110;
(c) regulation 138.115;
(d) regulation 138.140;
(e) regulation 138.145;
(f) paragraph 138.155(1)(e), but only to the extent that it applies to the safety manager.

17 Conditions of the exemptions — safety
       (1) It is a condition of the exemptions in section 16 that the relevant operator must not commence a relevant aerial work operation of a kind that the operator was not authorised to conduct immediately before 2 December 2021 until the relevant operator has complied with the directions in section 18.
       (2) It is a condition of the exemptions in section 16 that the relevant operator must ensure that:
(a) operational safety-critical personnel (the personnel) actively seek to identify safety risks arising from the operator's operations; and
(b) the personnel bring identified safety risks to the attention of the operator's key personnel as soon as practicable; and
(c) the operator's key personnel:
           (i) review the identified safety risks; and
           (ii) if ongoing aviation safety requires the risks to be addressed — implement corrective safety controls as soon as practicable through changes to the operator's operations manual; and
(d) the operator's key personnel oversee the recording, and retention for the relevant period identified in the operator's operations manual, of:
           (i) the identified safety risks; and
           (ii) the corrective safety controls implemented to address those risks; and
(e) procedures are set out in the operations manual designed to achieve the outcomes mentioned in paragraphs (a) to (d).

18 Directions to take preparatory steps
       (1) A relevant operator who has taken the benefit of any exemption under section 16 must:
(a) not later than the end of a date specified in writing by CASA — give CASA the proposed SMS manual content, along with any supporting documents that are specified in writing by CASA; and
       Note 1   Through its website, and in communications to relevant operators, CASA will give at least 3 months' notice of any appropriate specified dates for submitting the proposed SMS manual content.
       Note 2   Any date specified in writing under paragraph 18(1)(a) of CASA EX87/21