Document ID: chunk:federal_register_of_legislation:F2024L01549:body:0:p8
Version: federal_register_of_legislation:F2024L01549
Segment Type: other
Provision Reference: 
Character Range: 19025–22098

Certain air transport operations — "cross-hiring" exemption
       (1) This section applies to an Australian air transport operator (the relevant operator) who conducts:
(a) a medical transport operation; or
(b) a non-scheduled air transport operation;
but only if:
(c) the operation is an Australian air transport operation (a relevant operation) in an aircraft (the relevant aircraft) for which the relevant operator is not also the registered operator or the holder of an approval under regulation 119.025 of CASR for subparagraph 119.080(1)(h)(ii); and
(d) the relevant aircraft does not conduct scheduled air transport operations.
       (2) The relevant operator is exempted from the following for the conduct of a relevant operation in the relevant aircraft:
(a) paragraph 119.080(1)(h) of CASR;
       Note   Paragraph 119.080(1)(h) imposes an AOC condition that Australian air transport operators must be the registered operators of the relevant aircraft. "Cross-hiring" is a colloquial term to describe some common circumstances in which the relevant aircraft operator is not also the registered operator.
(b) regulation 119.060 but only in relation to paragraph 119.080(1)(h).
       (3) The exemptions under subsection (2) are subject to the condition that the relevant operator's exposition must contain procedures to ensure that the requirements expressed in subsection (4) are complied with.
       (4) For subsection (3), the requirements are the following:
(a) if the relevant operator's use of the relevant aircraft in a relevant operation does not require CASA's approval under regulation 119.090 (Application for approval of significant changes) of CASR, including as a consequence of the exemptions in section 7 of this instrument — the relevant operator must:
           (i) before any such use, assess any differences between the relevant aircraft and other aircraft being used by the operator; and
           (ii) determine whether additional training or competency assessment is required for any member of the operational safety-critical personnel before the relevant aircraft is used in a relevant operation; and
           (iii) if additional training or competency assessment is so required — ensure that the relevant training or assessment or both is completed before the relevant aircraft is used in a relevant operation;
(b) before the relevant aircraft is used in a relevant operation, the relevant operator must:
           (i) be fully aware of the continuing airworthiness and maintenance status of the aircraft insofar as they are relevant to the operator's use of the aircraft; and
           (ii) ensure that the aircraft complies with the safety requirements of the regulations for the operation;
(c) the relevant operator must ensure that the arrangements between the operator and the registered operator for managing the continuing airworthiness of the relevant aircraft during the operator's use of it are recorded in the exposition.

7 Significant change of type or model of aircraft — exemption
       (1) This section applies to