Document ID: chunk:federal_register_of_legislation:F2024L00404:body:0:p2
Version: federal_register_of_legislation:F2024L00404
Segment Type: other
Provision Reference: 
Character Range: 2655–6601

approved under regulation 217 of CAR, as in force immediately before 2 December 2021; and
(b) the approval of which was in force immediately before 2 December 2021; and
(c) which continued to be used by the operator until the cessation of the operator's use of exemptions under Part 7A of CASA EX87/21, as in force on or before 31 March 2024.

4 Application
        This instrument applies to:
(a) each crew member of a relevant flight:
 (i) who has a designation mentioned in column 3 of Table 1; and
 (ii) to whom a provision mentioned in column 5 of Table 1 applies; and
(b) each operator of a relevant flight.

5 Exemptions
       (1) In this section:
        critical date means the date of the cessation of the use, by an operator of a relevant flight, of Part 7 or 7A of CASA EX87/21, as in force on or before 31 March 2024, as applicable to the operator.
       (2) If:
(a) on or after the critical date, a requirement (a new requirement), in relation to a training or checking event mentioned in an item of column 1 of Table 1 (a new event), applies in relation to a relevant flight by a person with a designation mentioned in column 2 of the same item (the crew member); and
(b) before the critical date, a training or checking event mentioned in column 4 of the item (the previous event) happened in relation to the crew member (including if under a previous designation mentioned in column 3); and
(c) the relevant flight occurs:
           (i) on or after the critical date; and
           (ii) before the end of the day specified in column 6 of the item (the expiry date);
        then:
(d) the crew member is exempted from compliance with each provision mentioned in column 5 of the item; and
(e) the operator of the relevant flight is exempted from compliance with the same provision to the extent that the provision:
 (i) applies to the operator; or
 (ii) imposes on the operator an obligation to ensure that:
            (A) the crew member complies with the provision; or
            (B) the relevant flight may not commence unless the provision has been complied with.

    Table 1

Column 1                                                                                       Column 2                  Column 3                                                                                                                                                               Column 4                                                                                                                                                                                                                                                                                                                 Column 5                                               Column 6
Training or checking event                                                                     Current designation       Previous designation                                                                                                                                                   Previous event                                                                                                                                                                                                                                                                                                           Provisions exempted from                             Expiry date — the end of:
  1. Flight crew member proficiency check                                                      Flight crew member        Flight crew member subject to a T&CO                                                                                                                                 Successful completion, under the T&CO, for the operator and the kind of aeroplane, of the following that was valid immediately before the cessation of the operator's use of Part 7A of CASA EX87/21, as in force on