Document ID: chunk:federal_register_of_legislation:F2023L00424:body:0:p1
Version: federal_register_of_legislation:F2023L00424
Segment Type: other
Provision Reference: 
Character Range: 0–2916

Instrument number CASA EX39/23
I, PHILIPPA JILLIAN SPENCE, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed P. Spence]
Pip Spence
Director of Aviation Safety
5 April 2023
CASA EX39/23 – Part 141 operators using a sole instructor – Exemption Instrument 2023

1 Name
        This instrument is CASA EX39/23 – Part 141 operators using a sole instructor – Exemption Instrument 2023.

2 Duration
        This instrument:
(a) commences on the day after it is registered; and
(b) is repealed at the end of 31 March 2026.

3 Application
        This instrument applies, according to its terms, to the following with respect to Part 141 flight training conducted by an operator or to be conducted by a relevant applicant for a Part 141 certificate:
(a) an operator;
(b) the operator's chief executive officer;
(c) the operator's head of operations;
(d) the operator's sole instructor;
(e) the relevant applicant.

4 Definitions
       (1) In this instrument, words and phrases have the same meaning as in Part 141 of the Civil Aviation Safety Regulations 1998 (CASR), unless the contrary appears.
       (2) In this instrument:
excluded flight training means authorised Part 141 flight training for any of the following:
(a) a flight crew licence category rating;
(b) an instrument rating;
(c) an instructor rating.
operator means a person, whether incorporated or otherwise:
(a) who holds a Part 141 certificate (a Part 141 operator); and
(b) who:
           (i) is the sole individual who carries out the authorised Part 141 flight training; or
           (ii) uses a single individual for the purposes of carrying out the authorised Part 141 flight training.
relevant applicant means a person who applies to CASA for a Part 141 certificate with the intention, conveyed to CASA in writing, of being an operator in accordance with this instrument.
sole instructor means the individual mentioned in subparagraph (b)(i) or (b)(ii) of the definition of operator (as applicable).
       (3) A reference in this instrument to a numeral with the prefix "141." is a reference to the provision in CASR identified by that numeral.

5 Exemptions — chief executive officer
        The operator's chief executive officer is exempted from compliance with the following provisions:
(a) subparagraph 141.070(b)(i);
(b) subregulation 141.075(1);
        but only to the extent that each provision would otherwise apply in relation to a matter that is the subject of another exemption under this instrument.
Note 1   Subparagraph 141.070(b)(i) imposes on a Part 141 certificate prescribed conditions relating to compliance with Part 141 that the operator and the operator's key personnel must comply with.
Note 2   Subregulation 141.075(1) makes it an offence for an operator to contravene a condition of its Part 141