Document ID: chunk:federal_register_of_legislation:F2024L01539:reg:4:p4
Version: federal_register_of_legislation:F2024L01539
Segment Type: reg
Provision Reference: reg 4 (pt 4/4)
Character Range: 11673–14349

it not for the operation of paragraph 21.181(4)(a) or subregulation 21.195B(4) of CASR.

5B Certain relevant aircraft authorised to fly without certificate of airworthiness
       5B.1 Subject to the other subsections in this Order, a relevant aircraft 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, 39, 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 aircraft is authorised to fly without a certificate of airworthiness.
       5B.2 This paragraph applies to an aircraft if:
(a) an SAB flight permit is in force in relation to the aeroplane; or
(b) the aircraft:
           (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 aircraft 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 5B.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 aircraft specified in an item in Table 2 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;
(to the extent to which they are applicable).
Table 2 — Conditions for relevant aircraft
                                            Column 1                            Column 2                                                                       Column 3
                                                                                Provision
Item                                        Aircraft                                                                                                           Conditions