Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies to an instrument (the old instrument ) made under, or for the purposes of, a provision of these Regulations (including the old Regulations) or the Act if the old instrument:
(a) is in force immediately before the main commencement time and continues in force (including as a result of the operation of a provision of this Division) immediately after that time; or
(b) is made, or is taken to be made, after the main commencement time as a result of the operation of a provision of this Division.
Effect of old instrument
(2) Subject to this Division, the old instrument has effect after the main commencement time in relation to an operation or activity (the relevant operation or activity ) conducted by an aircraft in accordance with the following table.
Effect of old instruments | |||
Item | Column 1 | Column 2 | Column 3 |
| If the old instrument refers to an operation of the following kind ... | and the relevant operation or activity is an operation or activity of the following kind ... | then, a reference in the old instrument to an operation of the kind mentioned in column 1 is taken instead to be a reference to ... |
1 | a regular public transport operation | a scheduled air transport operation | a scheduled air transport operation. |
2 | a charter operation | a non - scheduled air transport operation | a non - scheduled air transport operation. |
3 | a charter operation | ||
4 | a charter operation | ||
5 | an aerial work operation under an aerial work certificate. | ||
6 | an aerial application operation within the meaning of Part 137 | an aerial application operation under an AOC that authorises the use of the aircraft in aerial application operations. | |
7 | balloon flying training within the meaning of Part 5 of CAR | balloon flying training within the meaning of Part 5 of CAR. | |
8 | Part 141 flight training within the meaning of Part 141 | Part 141 flight training. | |
9 | a Part 142 activity within the meaning of Part 142 | a Part 142 activity. | |
10 | a specialised balloon operation within the meaning of Part 131 | a specialised balloon operation that is conducted for hire or reward. | |
11 | any of: (a) an aerial work (air ambulance) operation; or (b) an air ambulance operation; or (c) any other operation involving aerial ambulance functions (however described) | ||
(a) as a result of the operation of subregulation (2), an aircraft used for conducting a medical transport operation is subject, after the main commencement time, to both of the following requirements:
(i) a requirement that applies in relation to an air ambulance operation;
(ii) a requirement that applies in relation to a charter operation; and
(b) the requirements apply in relation to the same matter;
then the old instrument has effect after the main commencement time in
relation to the aircraft as if the requirement mentioned in subparagraph
(a)(i) does not apply.