Document ID: chunk:federal_register_of_legislation:F2024L01553:body:0:p3
Version: federal_register_of_legislation:F2024L01553
Segment Type: other
Provision Reference: 
Character Range: 5195–8133

complied with.

7 Qualifications and experience of key personnel — exemption
       (1) This section applies to an aerial work certificate holder (the operator) who, immediately before 2 December 2021, held an AOC, or was an early applicant for an AOC, authorising aerial work operations (other than solely for ambulance functions, within the meaning of subparagraph 206(1)(a)(vii) of CAR, as in force immediately before 2 December 2021.
       (2) The operator is exempted from compliance with paragraph 138.050(1)(b) and regulation 138.055, but:
(a) only to the extent of the requirement that the operator must comply with the certificate conditions under paragraph 138.050(1)(b) that relate to the qualifications and experience of the persons mentioned in subsection (3); and
(b) only if the conditions in subsection (4) are complied with.
       (3) For subsection (2), the persons are the following persons who, on 2 December 2021, are the key personnel, or proposed key personnel, of the operator to whom the provision mentioned for the person would apply, but for this exemption, or an exemption under section 16, 21 or 46 of CASA EX73/24 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2024:
(a) the head of operations who, immediately before 2 December 2021, was the operator's chief pilot, or chief pilot and head of training and checking — in relation to the qualifications and experience mentioned in subregulation 138.090(2);
(b) the head of training and checking who, immediately before 2 December 2021, was the operator's head of training and checking (if any) — in relation to the qualifications and experience mentioned in subregulation 138.100(2);
(c) the safety manager (if any) who, immediately before 2 December 2021, was the operator's safety manager — in relation to the qualifications and experience mentioned in subregulation 138.110(2).
       (4) For subsection (2), unless otherwise approved by CASA under subsection (5), the conditions are that the operator's operations manual, the training and checking manual and the safety management system manual, as the case requires, each includes and requires the same qualifications and experience, for each of the persons mentioned in subsection (3), as were included and required for the person, in the manual, immediately before 2 December 2021.
       (5) For subsection (4), CASA may approve a change to any particular qualification and experience requirement mentioned in subsection (4), but only if:
(a) the operator applies in writing, setting out the proposed change; and
(b) the application is accompanied by the part of each manual to be affected by the proposed change, clearly showing the effect of the proposed change on that manual; and
(c) the operator demonstrates how the proposed change would otherwise conform to the significant change process under paragraph 138.155(1)(m); and