Document ID: chunk:federal_register_of_legislation:F2024L01554:body:0:p6
Version: federal_register_of_legislation:F2024L01554
Segment Type: other
Provision Reference: 
Character Range: 13339–16228

website, and in communications to relevant operators, CASA will give at least 3 months' notice of any appropriate specified dates for submitting the proposed SMS manual content.
       Note 2   Any date specified in writing under paragraph 18(1)(a) of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).
(b) subject to subsection (3), not commence using its proposed SMS manual content until the day it receives CASA's written advice that it may do so.
       Note 1   Receiving the written advice would permit a relevant operator to use the proposed SMS manual content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 19.
       Note 2   Any advice given under paragraph 18(1)(b) of CASA EX87/21 continues in force as if given under this instrument — see subsection 55(1).
       (2) For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).
       (3) Paragraph (1)(b) does not apply to an operator's use of its proposed SMS manual content for purposes other than compliance with civil aviation legislation.
Note   For example, paragraph (1)(b) does not prevent an operator using its proposed SMS manual content for the purpose of meeting a customer's contractual requirement for the operator to have and use an SMS.

19 Expiry of the exemptions
        The exemptions under section 16 expire for a relevant operator at the end of a date specified in writing by CASA.
Note 1   Through its website, and in communications to relevant operators, CASA will give at least 3 months' notice of the specified date.
Note 2   Any date specified in writing under section 19 of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).

Part 6 Human factors principles and non-technical skills – Australian air transport operators – exemptions

25 Application of Part 6
        This Part applies to an Australian air transport operator (the relevant operator) who, immediately before 2 December 2021:
(a) held an AOC, or was an early applicant for an AOC or an AOC variation, that:
           (i) authorised charter operations, or aerial work (air ambulance) operations; and
           (ii) did not authorise regular public transport operations; and
(b) was not the subject of a direction under regulation 11.245 to have an HFP&NTS program for the operator's charter operations or aerial work (air ambulance) operations.

26 Exemptions
        A relevant operator is exempted from compliance with the following provisions:
(a) paragraph 119.130(1)(e), but only to the extent that it applies to training and checking of operational safety-critical personnel (other than flight crew) in an HFP&NTS program;
(b) regulation 119.175;
(c) regulation 119.180;
(d) regulation 119.185.

27 Conditions