Document ID: chunk:federal_register_of_legislation:F2024L01549:body:0:p5
Version: federal_register_of_legislation:F2024L01549
Segment Type: other
Provision Reference: 
Character Range: 11160–13988

if:
(a) the first conduct of the NVIS operation were a significant change within the meaning of that expression in regulation 119.020 of CASR; and
(b) regulations 119.090, 119.095 and 119.100 applied to the first conduct of the NVIS operation as if it were such a significant change.
Note  Subsection 21(1) of this instrument saves the operation of an approval given by CASA under subsection 6A(2) 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.
       (3) If CASA gives the operator its approval under subsection (2) for a particular NVIS operation, no subsequent approval under subsection (2) is required before the operator may conduct a different NVIS operation for the first time in a Part 133 operation.

6B Retention of historical records — direction
       (1) This section applies to an Australian air transport operator if, immediately before 2 December 2021, the operator was an AOC holder authorised to conduct charter operations, or regular public transport operations, or aerial work (air ambulance) operations (the operator).
       (2) The operator must retain in safe custody, for the periods mentioned in subsection (3), each of the records held by the operator on 1 December 2021 that were mentioned in each of the following provisions (as applicable to the operator's AOC) as the provision was in force immediately before 2 December 2021:
(a) CAO 82.1, Appendix 1, paragraphs 2.3, 2.4 and 2.5;
(b) CAO 82.3, Appendix 1, paragraph 2.5;
(c) CAO 82.5, Appendix 1, paragraph 2.4.
       (3) For subsection (2), the period for retention of the records is at least the period, commencing on 2 December 2021, that the similar or analogous record is to be retained under Subpart 119.J of CASR.

Part 3 Exemptions and directions

7AA Certain operations not air transport — exemption
       (1) In this section:
employed means employed by the operator under a contract of service, or a contract for services.
exempted transport operation means one of the following:
(a) the operation or use of an aircraft by a company, a partnership, or a sole trader (the business):
           (i) for the carriage of passengers, or goods (not being goods for sale or exchange); and
           (ii) where the predominant purpose of the carriage is to facilitate the conduct of the operator's business; and
           (iii) where the facilitation is merely ancillary to conducting the business; and
           (iv) where no passenger gives any reward for the carriage of themselves, or otherwise shares in the costs of the carriage; and
           (v) where the carriage of any passenger, or the passenger's notional share of the costs of the carriage, is not rewarded by anyone else; and
           (vi)