Document ID: chunk:federal_register_of_legislation:F2024L01554:body:0:p14
Version: federal_register_of_legislation:F2024L01554
Segment Type: other
Provision Reference: 
Character Range: 34221–37143

not relieved of that requirement by subregulation 138.125(2).
       (2) This Part applies to an aerial work operator (the relevant operator) in a relevant aerial work operation who, immediately before 2 December 2021:
(a) held an AOC, or was an early applicant for an AOC or an AOC variation, that authorised aerial work operations (other than aerial work (air ambulance) operations); and
(b) was not subject to a requirement under subregulation 217(1) of CAR, as in force immediately before 2 December 2021, to provide a training and checking organisation for the operations or for an aircraft used in the operations.

46 Exemptions
       (1) A relevant operator is exempted from compliance with the following provisions:
(a) regulation 138.100;
(b) regulation 138.105;
(c) regulation 138.125;
(d) regulation 138.130;
(e) subject to subsection (2), paragraph 138.475(2)(f),
(f) subject to subsection (2), paragraph 138.540(2)(b).
Note 1   For paragraph (e), exemption from paragraph 138.475(2)(f) has the implied consequential effect of exempting from subregulation 138.475(3) and Division 1 of Chapter 23 of the Part 138 MOS.
Note 2   For paragraph (f), exemption from paragraph 138.540(2)(b) has the implied consequential effect of exempting from subregulation 138.540(3) and section 24.02 of the Part 138 MOS.
       (2) The exemptions under paragraphs (1)(e) and (f) do not extend to exempt from compliance with paragraph 23.03(2)(e) of the Part 138 MOS (the MOS).

 Direction
       (3) A relevant operator must ensure that any training required under paragraph 23.03(2)(e) of the MOS is conducted as if section 23.10 of the MOS applied to the operator for the training.

47 Conditions of the exemptions — safety
       (1) It is a condition of the exemptions in section 46 that the relevant operator must not do any of the following:
(a) commence relevant aerial work operations of a kind that the operator was not authorised to conduct immediately before 2 December 2021;
(b) commence relevant aerial work operations, or the use of an aircraft for the relevant aerial work operations (relevant aircraft), that would have required a training and checking organisation under subregulation 217(1) of CAR, as in force immediately before 2 December 2021;
        until the relevant operator has complied with the directions in section 48.
Note   See also section 8 of CASA EX86/21 – Part 138 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021. This contains additional exemptions to the effect that the operator's training and checking manual content need only relate to a particular aircraft or a particular operation and not operations or aircraft more generally.
       (2) It is a condition of the exemptions in section 46 that the relevant operator must ensure that:
(a) the operator's head of operations ensures that training and checking of the operator's operational safety critical