Document ID: chunk:federal_register_of_legislation:F2023L00154:body:0
Version: federal_register_of_legislation:F2023L00154
Segment Type: other
Provision Reference: 
Character Range: 0–2218

Instrument number CASA EX28/23
I, DANIEL BERNARD O'HAGAN, Manager, Legislative Drafting, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.
[Signed D. O'Hagan]
Danny O'Hagan
Manager, Legislative Drafting
27 February 2023
CASA EX28/23 — Class 1 Medical Certificate (Certain Flights by Holders of a Commercial Pilot Licence or Air Transport Pilot Licence) Exemption 2023

1 Name
        This instrument is CASA EX28/23 — Class 1 Medical Certificate (Certain Flights by Holders of a Commercial Pilot Licence or Air Transport Pilot Licence) Exemption 2023.

2 Duration
        This instrument:
       (a) commences on 1 March 2023; and
       (b) is repealed at the end of 28 February 2026.

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: class, current, flight, maximum take-off weight, medical certificate and passenger.
        In this instrument:
air transport pilot licence has the same meaning as in Subpart 61.K of CASR.
commercial pilot licence has the same meaning as in Subpart 61.I of CASR.
exempted activity means a flight that:
       (a) is not conducted, wholly or in part, in a foreign country; and
       (b) is in an aircraft with a maximum take-off weight of less than 8 618 kg; and
       (c) does not carry a passenger.

4 Exemption
       (1) A person who holds a commercial pilot licence or an air transport pilot licence is exempt from compliance with subregulation 61.065(1) of CASR to the extent that the subregulation requires that the person also hold a class 1 medical certificate to be authorised under Part 61 of CASR to conduct an exempted activity.
Note   Subregulation 61.415(1) of CASR imposes a limitation on the exercise of the privileges of a commercial pilot licence or an air transport pilot licence that a person must hold a class 1 medical certificate, or a medical exemption. The privileges of the licences relevantly include the conduct of an exempted activity.
       (2) The exemption is subject to the condition that the person must hold a current class 2 medical certificate.