Document ID: chunk:federal_register_of_legislation:F2024L01554:body:0:p3
Version: federal_register_of_legislation:F2024L01554
Segment Type: other
Provision Reference: 
Character Range: 5323–8343

in its title:
        "11.", "119.", "121.", "133.", "135.", "138.".
       (4) Unless the contrary intention is expressed, any document incorporated into this instrument is so incorporated as it is in force from time to time.

4 Application
        This instrument applies to operators according to its terms.

Part 2 Safety management systems – Australian air transport operators – excluding certain Part 142 activities – exemptions

5 Application of Part 2
        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
           (iii) did not authorise Part 142 activities in an aircraft; and
(b) was not the subject of a direction under regulation 11.245 to have an SMS.

6 Exemptions
        A relevant operator is exempted from compliance with the following provisions:
(a) regulation 119.035;
(b) subparagraphs 119.130(1)(b)(iii) and (v);
(c) paragraph 119.130(1)(c);
(d) regulation 119.155;
(e) regulation 119.160;
(f) regulation 119.190;
(g) paragraph 119.205(1)(e), but only in relation to the safety manager.
Note   For exemption in relation to FDAP requirements under regulation 119.195, refer to Part 11 of this instrument.

7 Conditions of the exemptions — safety
       (1) It is a condition of the exemptions in section 6 that the relevant operator must not commence scheduled air transport operations until the relevant operator has complied with the directions in section 8.
       (2) It is a condition of the exemptions in section 6 that the relevant operator must ensure that:
(a) operational safety-critical personnel (the personnel) actively seek to identify any safety risks arising from the operator's operations; and
(b) the personnel bring identified safety risks to the attention of the operator's key personnel as soon as practicable; and
(c) the operator's key personnel:
           (i) review the identified safety risks; and
           (ii) if ongoing aviation safety requires the risks to be addressed — implement corrective safety controls as soon as practicable through changes to the operator's exposition; and
(d) the operator's key personnel oversee the recording, and retention for the relevant period identified in the operator's exposition, of:
           (i) the identified safety risks; and
           (ii) the corrective safety controls implemented to address those risks; and
(e) procedures are set out in the operator's exposition designed to achieve the outcomes mentioned in paragraphs (a) to (d).

8 Directions to take preparatory steps
       (1) A relevant operator who has taken the benefit of any exemption under section 6 must:
(a) not later than the end of a date specified in writing by CASA — give CASA the proposed SMS exposition content, along