Document ID: chunk:federal_register_of_legislation:F2024L01553:body:0:p5
Version: federal_register_of_legislation:F2024L01553
Segment Type: other
Provision Reference: 
Character Range: 10551–13402

138.050(1)(d) in relation to subregulation 138.125(3); and
(b) for paragraph (a), only to the extent of the requirement under subregulation 138.135(1) that the operator's training and checking system must include those operational safety-critical personnel (the relevant personnel) who are not any of the following:
           (i) flight crew members;
           (ii) other crew members who are assigned duties on board an aircraft in relation to the flying or safety of the aircraft.
       (3) The exemption in subsection (2) is subject to the condition that the operator's training and checking system must include a description of how the operator will satisfy itself:
(a) that each of its relevant personnel:
           (i) is competent to carry out their assigned duties; and
           (ii) in carrying out the duties — is not likely to have an adverse effect on aviation safety; and
(b) that immediate action will be taken in the interests of aviation safety if a relevant person:
           (i) loses competence; or
           (ii) is likely to have an adverse effect on aviation safety.
       (4) This section ceases to have effect at the end of a date to be specified in writing by CASA.
Note   Through its website, and in communications to relevant operators, CASA will give at least 3 months' notice of any appropriate specified dates.

9A Flight crew training or checking – foreign conductors of – exemption
       (1) This section applies to an aerial work certificate holder (the operator) to whom regulation 138.125 applies.
Note   Aerial work certificate holder is defined in section 3.
       (2) The operator is exempted from compliance with regulation 138.505, in relation to training and checking, but only to the extent of who may conduct the training or checking required by Subpart 138.N of CASR.
       (3) The exemption in subsection (2) is subject to the condition that the training or checking for which the operator takes the benefit of the exemption must be conducted by a person who is:
(a) employed by a training provider authorised by the national aviation authority of a recognised foreign State to conduct training or a check equivalent to the training or check required by Subpart 138.N of CASR that the operator has contracted the training provider to conduct for a flight crew member of the operator (the equivalent training or checking); and
(b) authorised by the national aviation authority of the recognised foreign State to conduct the equivalent training or checking.
       (4) It is also a condition of the exemption under subsection (2) that for training or checking for which the operator takes the benefit of the exemption, the operator must ensure that:
(a) each person who conducts the training or checking for the foreign training provider mentioned in subsection (3) is appropriately authorised to