Document ID: chunk:federal_register_of_legislation:F2024L01540:front:0:p6
Version: federal_register_of_legislation:F2024L01540
Segment Type: other
Provision Reference: 
Character Range: 13003–15912

relevant sport aviation body, is not already in force if:
(a) on 1 December 2023, the aeroplane is listed with a relevant sport aviation body; and
(b) the aeroplane remains listed with the sport aviation body.

5B Certain relevant aeroplanes authorised to fly without certificate of airworthiness
       5B.1 Subject to the other subsections in this Order, a relevant aeroplane to which paragraph 5B.2 applies is, for the purposes of regulation 200.020 of CASR (and for those purposes only), an Australian aircraft that is exempt from CASR (other than Parts 1, 11, 21, 33, 35, 61, 67, 91, 92, 99 and 149).
Note   The effect of this provision is that, under regulation 200.020 of CASR, for the purposes of paragraph 20AA(3)(b) of the Act, such an aeroplane is authorised to fly without a certificate of airworthiness.
       5B.2 This paragraph applies to an aeroplane if:
(a) an SAB flight permit is in force in relation to the aeroplane; or
(b) the aeroplane:
           (i) was issued a certificate of airworthiness under regulation 21.176 of CASR, or an experimental certificate under regulation 21.195A of CASR; and
           (ii) the certificate of airworthiness or experimental certificate is not in force only because of the operation of paragraph 21.181(4)(a) or subregulation 21.195B(4) of CASR.

5C Authorisation to perform duty without civil aviation authority
       5C.1 Subject to the conditions in this Order, for the purposes of paragraph 20AB(1)(b) of the Act, a person performing a duty that is essential to the operation of a relevant aeroplane during flight time is authorised to do so without a civil aviation authorisation mentioned in paragraph 20AB(1)(a) of the Act.
       5C.2 Despite paragraph 5C.1, a person who makes an airborne radio transmission on an aeronautical HF frequency must be authorised to transmit using an aeronautical radio under Part 61 or Part 64 of CASR.

6 Exemptions
       6.1 A person who would, but for this subsection, have an obligation in relation to a relevant aeroplane described in an item in Table 1 under a provision of the regulations mentioned in column 2 for the item is exempt from complying with the obligation subject to:
(a) any conditions mentioned in column 3 for the provision; and
(b) the conditions in this Order.

Table 1 — Conditions for relevant aeroplanes
                                              Column 1                                                                                         Column 2                                                  Column 3
                                                                                                                                               Provisions
Item                                          Aeroplane                                                                                                                                                  Conditions