Document ID: chunk:federal_register_of_legislation:F2024L01749:body:0:p3
Version: federal_register_of_legislation:F2024L01749
Segment Type: other
Provision Reference: 
Character Range: 5222–8083

the following provisions of CASR that would otherwise apply to each of them:
(a) regulation 138.375;
(b) subregulations 138.410(4), (5) and (6);
(c) subregulations 138.465(3) and (4);
        BUT only to the extent of the requirements under subsection 14.02(3), paragraph 14.03(3)(b) and subsection 15.04(2) of the Part 138 MOS that, for the use of relevant equipment in a SAR operation, the equipment must meet the requirements of, or be approved under, Part 21 of CASR.
Note   In subsection (1):
(a) regulation 138.375 concerns compliance with requirements under the Part 138 MOS relating to the wearing of seatbelts and other restraint devices in aerial work operations; and
(b) subregulations 138.410(4), (5) and (6) concern compliance with requirements under the Part 138 MOS relating to external load operations; and
(c) subregulations138.465(3) and (4) concern compliance with requirements under the Part 138 MOS relating to equipment; and
(d) Part 21 of CASR relevantly concerns certification and airworthiness requirements for parts.
       (2) The exemption is subject to the conditions mentioned in section 7.
Note   The specific exemptions mentioned in this section (in effect from certain Part 21 of CASR compliance requirements) do not exempt from any other provisions in CASR, including other requirements to wear a seatbelt, harness or restraint.

7 Conditions — Compliance
        The relevant operator must ensure that each requirement under this section is complied with.

8 Conditions — CASA pre-use approval
       (1) The relevant operator must ensure that relevant equipment is not used unless and until the operator's head of flying operations has applied for, and received, a relevant permission under this section.
Note   Applications should be made to CASA by email to <airworthiness@casa.gov.au>.
       (2) An application must be signed and dated, and must:
(a) clearly, precisely and in detail, identify and describe the relevant equipment, including its source, its date first placed in service, its purpose, and its manufacturer's applicable working load limit which must not be exceeded; and
(b) identify the kinds of operations the relevant equipment will be used for, and explain why it is necessary and appropriate for the operation; and
(c) insofar as the relevant equipment is not properly approved under Part 21 of CASR — indicate if and when, as soon as practicable, but not later than 30 June 2026, it is reasonably expected:
 (i) to be approved under Part 21 of CASR; or
 (ii) replaced by Part 21 of CASR approved equipment; and
       Note 1   Relevant equipment must be approved under Part 21 of CASR, or replaced, by not later than the end of 30 June 2026, or earlier if a condition of the CASA permission so requires.
       Note 2   A condition of a permission may require a relevant operator to report to CASA the