Document ID: chunk:federal_register_of_legislation:F2024L01549:body:0:p11
Version: federal_register_of_legislation:F2024L01549
Segment Type: other
Provision Reference: 
Character Range: 26989–29813

intends that when the exemptions under section 8 cease to have effect, the HOFO to whom they applied will continue to be the operator's HOFO, then, before that ceasing to have effect, the operator must give CASA the operator's exposition content in relation to the HOFO's compliance with the requirements of:
(a) paragraph 119.135(1)(a) of CASR; and
(b) subregulation 119.135(2).
       (4) If the operator intends to nominate a new person to be the HOFO for the period after the exemptions under section 8 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 119.135(1)(a) of CASR and subregulation 119.135(2) (the relevant requirements).
       (5) The operator must not commence scheduled air transport operations until CASA, in writing, approves the operator's exposition content in relation to the HOFO's compliance with the relevant requirements.
Note   Subsection 21(1) of this instrument saves the operation of an approval given by CASA under subsection 9(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.

10 HOTC requirements — exemption
       (1) In this section:
operator means an Australian air transport operator who, immediately before 2 December 2021:
(a) held an AOC, or was an early applicant for an AOC or an AOC variation, that authorised the use of single-pilot type certificated aircraft for one or more of the following:
           (i) charter operations, or aerial work (air ambulance) operations, in other than high capacity aircraft;
           (ii) regular public transport operations, in other than high capacity aircraft; and
(b) was not required by subsection 8 of CAO 82.3, as in force immediately before 2 December 2021, to use 2 pilots for an operation under the AOC before 2 December 2021.
       (2) This section applies to a person (the relevant HOTC) who:
(a) on 2 December 2021 was the HOTC or the nominated HOTC (as the case requires) of an operator; and
(b) immediately before 2 December 2021:
           (i) was the operator's Chief Pilot; and
           (ii) did not hold an ATPL.
       (3) A relevant HOTC is exempted from the requirements of:
(a) paragraph 119.145(1)(a) of CASR; and
(b) subregulation 119.145(2).
       (4) The exemptions under subsection (3) are subject to the condition that the HOTC must meet the 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