Document ID: chunk:federal_register_of_legislation:F2024L01549:body:0:p12
Version: federal_register_of_legislation:F2024L01549
Segment Type: other
Provision Reference: 
Character Range: 29597–32450

requirements set out in subclause 4.3 in Appendix 1 of CAO 82.0, as in force immediately before 2 December 2021, as if:
(a) subclause 4.3 continued to apply; and
(b) the HOTC was the Chief Pilot; and
(c) the operator was the AOC holder.
       (5) This section ceases to have effect on the earliest of the following:
(a) the day the operator commences scheduled air transport operations in:
           (i) a high capacity aircraft; or
           (ii) an aircraft, other than a high capacity aircraft, that would have triggered a requirement for 2 pilots under subsection 8 of CAO 82.3, as in force immediately before 2 December 2021, as if it were in force;
(b) the day the relevant HOTC ceases to be the operator's HOTC;
(c) the end of a date to be specified in writing by CASA.
       Note   Through its website, and in communications to relevant operators, CASA will give at least 3 months' notice of any appropriate specified date.

11 HOTC requirements — directions
       (1) This section applies to an operator mentioned in section 10.
       (2) The operator must ensure that the HOTC complies with the requirements under subsection 10(4).
       (3) If the operator intends that, when the exemptions under section 10 cease to have effect, the HOTC to whom they applied will continue to be the operator's HOTC, then, before that ceasing to have effect, the operator must give CASA the operator's exposition content in relation to the HOTC's compliance with the requirements of:
(a) paragraph 119.145(1)(a) of CASR; and
(b) subregulation 119.145(2).
       (4) If the operator intends to nominate a new person to be the HOTC for the period after the exemptions under section 10 cease to have effect, then before that ceasing to have effect the following must be approved in writing by CASA:
(a) the nomination of the person;
(b) the operator's exposition content in relation to the person's compliance with the requirements of paragraph 119.145(1)(a) of CASR and subregulation 119.145(2) (the relevant requirements).
       (5) The operator must not commence scheduled air transport operations of the kind mentioned in paragraph 10(5)(a) until CASA, in writing, approves the operator's exposition content in relation to the HOTC's compliance with the relevant requirements.
Note  Subsection 21(1) of this instrument saves the operation of an approval given by CASA under subsection 11(4) or (5) of CASA EX82/21 – Part 119 of CASR – Supplementary Exemptions and Directions Instrument 2021 that was current or in force immediately before the commencement of this instrument.

14 Training and checking for operational safety-critical personnel — exemption
       (1) This section applies to an Australian air transport operator (the operator) to whom subregulation 119.170(5) of CASR applies.
       (2) The operator is exempted from compliance with