Document ID: chunk:federal_register_of_legislation:F2024L01549:body:0:p14
Version: federal_register_of_legislation:F2024L01549
Segment Type: other
Provision Reference: 
Character Range: 34774–37565

is exempted from compliance with subparagraph 119.205(1)(e)(iv) of CASR unless the operator chooses to name in the exposition a person who is authorised to carry out the responsibilities of a key person when the position holder is absent from the position, or cannot carry out the responsibilities of the position.

18 FDAP — exemption
       (1) This section applies to an Australian air transport operator (the operator) to whom, on and after 2 December 2021, regulation 119.195 of CASR otherwise applies.
Note   For operators who have the benefit of exemption from regulation 119.195 under Part 11 of CASA EX73/24, section 18 would not apply until that exemption expires.
       (2) The operator is exempted from paragraph 119.195(3)(d) of CASR.
       (3) It is a condition of the exemption in subsection (2) that the operator must comply with the following provisions of CAO 82.5, as in force immediately before 2 December 2021, as if they applied to the operator as they relate to operational flight data for FDAP purposes:
(a) subparagraphs 2A.2(f), (g) and (h);
(b) subparagraphs 2A.3(d) and (e);
(c) subsection 2AA;
(d) Appendix 1A.

19 Safety information — direction
       (1) In this section:
safety information means any safety data or information that satisfies all of the following:
(a) is in any form;
(b) is generated within, or captured, collected or held by and within, an operator's approved SMS or FDAP;
(c) has been approved, whether directly or indirectly, by CASA as fulfilling the relevant SMS or FDAP obligations of the operator under the civil aviation legislation;
(d) may include personal information relating to individuals.
Note 1   Civil aviation legislation has the meaning given in section 3 of the Civil Aviation Act 1988. It includes, for example, CAR, CASR, relevant Manuals of Standards, and legislative instruments.
Note 2   Safety information may have been approved by CASA in an indirect way, for example: by virtue of the issue of an initial AOC to an operator who is required by the civil aviation legislation to have an SMS or FDAP for that purpose; or by virtue of an operator taking the benefit of an exemption under CASA EX73/24 relating to SMS or FDAP under which requirements to introduce an SMS or FDAP are taken to have been complied with.
       (2) Without affecting section 18, this section applies to an Australian air transport operator (the operator) for Australian air transport operations (the operations) if the operator:
(a) is required to have one or both of the following for the operations:
           (i) an SMS under regulation 119.190 of CASR;
           (ii) an FDAP under regulation 119.195; and
(b) is not taking the benefit of the exemption from that obligation provided by CASA EX73/24 – Flight Operations Regulations –