(1) This regulation applies in relation to an Australian air transport operator if the operator conducts Australian air transport operations in either or both of the following:
(a) an aeroplane with a maximum take-off weight of more than 27,000 kg;
(b) a rotorcraft:
(i) with a maximum take-off weight of more than 7,000 kg; or
(ii) with a maximum operational passenger seat configuration of more than 9 seats and that is required, under these Regulations, to be fitted with a flight data recorder.
(2) The Australian air transport operator must have a flight data analysis program.
(3) The flight data analysis program must:
(a) regularly record and analyse the operational flight data of individual and aggregated operations for the purpose of improving the safety of flight operations; and
(b) be provided by:
(i) the operator; or
(ii) another appropriate person; and
(c) ensure that, except as mentioned in subregulation (5), the identity of a person (the identified person ) who is the source of data is protected from disclosure to anyone other than the following:
(i) a person whose duties require that person to analyse operational flight data;
(ii) a person who has access to the identified person's identity solely for the purpose of analysing operational flight data;
(iii) a pilot appointed by the operator to liaise with flight crew in relation to matters arising from the flight data analysis program; and
(d) ensure that no punitive action in relation to the data may be taken by the operator against the identified person.
(4) For the purposes of subparagraph (3)(b)(ii), the provision of the flight data analysis program by an appropriate person does not in any way compromise the operator's responsibility to provide, and ensure the effectiveness of, the program.
(5) For the purposes of paragraph (3)(c), the identity of the identified person may be disclosed:
(a) with the written consent of the person; or
(b) as required by CASA; or
(c) as otherwise required or authorised by law.