Document ID: chunk:federal_register_of_legislation:F2023L01600:body:0:p1
Version: federal_register_of_legislation:F2023L01600
Segment Type: other
Provision Reference: 
Character Range: 0–3041

Instrument number CASA EX105/23

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
30 November 2023

CASA EX105/23—Part 105 (Parachute Operators and Pilots) Instrument 2023

Contents
    Page

1 Name
2 Commencement
3 Definitions
4 Parachute operators who are not training organisations
5 Certain training in operating an aircraft to facilitate a parachute descent
6 Aircraft operations—parachute descents not undertaken by tandem or trainee parachutists
7 Direction—Jump pilot flight time requirements for helicopters
8 Repeal

1 Name
        This instrument is CASA EX105/23—Part 105 (Parachute Operators and Pilots) Instrument 2023.

2 Commencement
        This instrument commences on the commencement of the Part 105 (Parachuting from Aircraft) Manual of Standards 2023.

3 Definitions
Note   In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: operator and Part 105 ASAO as defined in the CASR Dictionary.
        In this instrument:
competency review has the meaning given by subsection 3.04(1) of the Part 105 Manual of Standards.
flight time has the same meaning as in Part 61 of CASR.
jump pilot authorisation has the meaning given by section 3.03 of the Part 105 Manual of Standards.
parachute operator: see regulation 105.010 of CASR.

4 Parachute operators who are not training organisations

 Application
       (1) Subsection (2) applies to a person who:
(a) carries on a business or undertaking mentioned in paragraph (h) of the definition of parachuting activity in regulation 105.010 of CASR; and
(b) in undertaking that parachuting activity is not providing a service mentioned in subsection (3).
Note   A person carrying on a business or undertaking that is a parachuting activity mentioned in paragraph (1)(a) is defined to be a parachute operator: see regulation 105.010 of CASR.

 Exemption
       (2) The person is exempt from compliance with subregulations 105.065(1) and 105.070(2) of CASR.

 Services for which a parachute operator is not exempt
       (3) For paragraph (1)(b), the following are services in relation to which the person is not exempt:
(a) training, or a service relating to training, in:
 (i) undertaking a parachute descent; or
           (ii) supervising a parachute descent undertaken by a trainee parachutist or tandem parachutist, or both; or
           (iii) operating an aircraft to facilitate a parachute descent undertaken by a trainee parachutist or tandem parachutist, or both;
(b) supervision of, or a service relating to supervision of, a parachute descent undertaken by a trainee parachutist or tandem parachutist, or both.

 Persons who are not parachute operators
       (4) To avoid doubt, an individual who:
(a) undertakes a parachuting activity mentioned in paragraphs (a)