EXPLANATORY STATEMENT

ATTACHMENT A

 

 

Statement of Compatibility with Human Rights Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011   Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014 This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Overview of the Legislative Instrument The Amendment Regulation (the Regulation) makes various amendments to the Civil Aviation Regulations 1988 (CAR) and the Civil Aviation Safety Regulations 1998 (CASR) to remove organisational and operational requirements that are considered unnecessary and disproportionate in the context of the safety risks involved, and result in overly burdensome efforts and compliance costs for regulated businesses. The initiatives do not have a material impact on safety and are consistent with international standards published by the International Civil Aviation Organization (ICAO).  The Regulation removes the requirement for operators under CASR Part 141 (Recreational, private and commercial flight training, other than certain integrated training courses) to have a safety management system (SMS) and a safety manager. The requirement for Part 141 operators to have a quality assurance manager is also removed and the quality assurance system requirements are simplified for operators providing only simulator training.  The requirement for all Part 141 operators to have an exposition (collection of documents that sets out the organisation's structure, training activities, management systems, training plans and procedures) is replaced by requiring operators to have an operations manual, with substantially the same content. The Regulation also amends various provisions in CASR Part 61 (Flight Crew Licensing) and in CASR Part 64 (Authorisations for non-licensed personnel).  These amendments address a number of unintended consequences of the regulations, and improve the transition arrangements such as deferring the introduction of multi-crew cooperation training by one year.   Human rights implications This Regulation engages the following rights: -span style='font:7.0pt "Times New Roman"'>   the right to life in Article 6 of the International Covenant on Civil and Political Rights (ICCPR); and -span style='font:7.0pt "Times New Roman"'>   rights in work, particularly the right to safe and healthy working conditions in article 7(b) of the International Covenant on Economic, Social and Cultural Rights (ICESCR).          The Right to Life - Article 6 ICCPR and the Rights in Work -Article 7(b) ICESCR The Regulation engages the right to just and favourable conditions of work including safe and healthy working conditions. Working conditions in this context relate to the safety of the aircraft while flight training is being conducted.  The regulation also engages the right to life, in that it relates to the safety of persons on board aircraft and potentially also to persons on the ground.  These rights are engaged by the removal of requirements for CASR Part 141 aircraft operators to implement a safety management system, introduction of simplified quality assurance requirements for Part 141 operators who use flight simulation training devices, and removal of the requirement for operators to designate managers responsible for these systems. The requirements are being removed or modified due to being overly burdensome in context of the safety risks involved.  The initiatives do not have a material impact on safety and are consistent with ICAO standards. ICAO standards for safety management systems are aimed at training organisations regulated under CASR Part 142 which addresses integrated and multi-crew pilot training, and not at training organisations regulated under CASR Part 141. Part 141 operators typically operate small aircraft and are subject otherwise to a large body of safety regulation that adequately mitigates the safety risks, including standards for aircraft certification and operations, instructor qualifications and competency, specified responsibilities of key personnel, and operator plans, processes and documentation. The initiative allows operators to re-allocate personnel and financial resources to other safety measures with comparable or potentially greater safety benefits.  The requirement for a formal and comprehensive SMS under CASR Part 141 is not considered necessary or proportionate at this time.   Conclusion The legislative instrument is compatible with human rights and to the extent that it may be perceived to limit human rights, those limitations are reasonable. The removal of the SMS requirement will not affect the level of safety provided to student pilots, their instructors and other persons in a material way.  The instrument is intended to ensure that the safety standards required are reasonable and proportionate in relation to the risks involved, are not unnecessarily complex, and do not impose unnecessary costs.         Warren Truss, Minister for Infrastructure and Regional Development.

 

ATTACHMENT B

 

Details of the Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014)

 

Section 1 - Name of Regulation

Section 1 provides that the title of the regulation is the Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014.

 

Section 2 - Commencement

Section 2 provides that the regulation commences immediately after the commencement of the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013.

 

Section 3 - Authority

Section 3 provides that the regulation is made under the Civil Aviation Act 1988.

 

Section 4 - Schedule(s)

Section 4 provides that each instrument that is specified in a Schedule to the instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the instrument has effect according to its terms.

 

Schedule 1 - Amendments

 

Civil Aviation Regulations 1988

 

Item [1] Subregulation 2(1) (paragraph (b) of the definition of aerodrome reference point)

Item [1] repealed the former paragraph and substituted: 'specified by a Part 141 operator in its operations manual, or a Part 142 operator in its exposition'.

 

Item [2] Regulation 5.01(definition of class)

Item [2] repealed the definition of balloon class and inserted a new definition. The new definition replaced the former five classes with three classes.

 

Item [3] Paragraph 224A(3)(b)

Item [3] amended the paragraph by omitting 'approved cyclic training and proficiency program' and substituting 'training and checking system approved by CASA under regulation 217'

 

Civil Aviation Safety Regulations 1998

 

Item [4] Part 61 (table of contents)

Item [4] inserted: '61.126 Conducting flight activities without valid proficiency check or flight review' into the Civil Aviation Safety Regulations 1998 (CASR) Part 61 table of contents.

 

Item [5] Part 61 (table of contents)

Item [5] omitted the entry for regulation 61.330.

 

 

Item [6] Part 61 (table of contents)

Item [6] omitted the entry for regulation 61.380 and inserted: '61.380 Limitations on exercise of privileges pilot licences--flight activity and design feature endorsements' into the Part 61 table of contents.

 

Item [7] Part 61 (table of contents)

Item [7], inserted: '61.442 Limitations on exercise of privileges of pilot licences--aviation English language proficiency' after the entry for regulation 61.420 in the Part 61 table of contents.

 

Item [8] Part 61 (table of contents)

Item [8] omitted the entry for regulation 61.740.

 

Item [9] Part 61 (table of contents)

Item [9] inserted '61.942 Limitations on exercise of privileges of private instrument endorsements--visibility and cloud' after the entry for regulation 61.940 in the Part 61 table of contents.

 

Item [10] Part 61 (table of contents)

Item [10] omitted the entry for regulation 61.1245 and inserted: '61.1245 Limitations on exercise of privileges of training endorsements--general; 61.1246 Limitations on exercise of privileges of grade 3 training endorsements and 61.1247 Limitations on exercise of privileges of low level training endorsements' into the Part 61 table of contents.

 

Item [11] Part 61 (table of contents)

Item [11] omitted the entry for regulation 61.1252.

 

Item [12] Part 61 (table of contents)

Item [12] inserted '61.942 Limitations on exercise of privileges of flight engineer licences--aviation English language proficiency' after the entry for regulation 61.1350 in the Part 61 table of contents.

 

Item [13] Regulation 61.010 (definition of approved cyclic training and proficiency program)

Item [13] repealed the definition of approved cyclic training and proficiency program in regulation 61.010.

 

Item [14] Regulation 61.010 (paragraph (a) of the definition of approved flight simulation training device)

Item [14] repealed the former paragraph and substituted: '(a) a Part 141 operator's operations manual, or a Part 142 operator's exposition, states that the device may be used for the purpose; or'

 

Item [15] Regulation 61.010 (paragraph (a) of the definition of approved flight simulator)

Item [15] repealed the former paragraph and substituted: '(a) a Part 141 operator's operations manual, or a Part 142 operator's exposition, states that the simulator may be used for the purpose; or'

 

 

Item [16] Regulation 61.010

Item [16] inserted, into the list of definition in this regulation,: 'basic instrument flight training' means flight training for Instrument Flight Rules (IFR) operations specified in the Part 61 Manual of Standards for the grant of a private pilot licence or commercial pilot licence'; and ' published lowest safe altitude' has the meaning given by subregulation 178(7) of CAR'.

 

Item [17] Regulation 61.010 (definition of successfully participating)

Item [17] repealed the former definition and substituted: 'successfully participating: a person is successfully participating in an operator's training and checking system for an operation if:

(a) the person is employed by the operator; and

(b) the operator's training and checking system covers the operation; and

(c) the person has met the requirements under the system for entry into the system; and

(d) the person is permitted under the system to be assigned by the operator for duty for the operation.'

 

Item [18] Paragraph 61.035(2)(g)

Item [18] repealed the former paragraph and substituted a new paragraph 61.035(g) which provides that CASA may issue a Manual of Standards for Part 61 setting out, among other things, general operating competencies for aircraft of a particular class or type and activities authorised by operational ratings and endorsements.

 

Item [19] Paragraph 61.115(1)(a)

Item [19] omitted 'conducted a dual flight' and substituted 'successfully completed a dual flight check' which provides that a student pilot is authorised to conduct a solo flight only if he or she has successfully completed a dual flight check if the student pilot has less than 3 hours of solo flight time at the completion of the check.

 

Item [20] Paragraph 61.115(1)(b)

Item [20] omitted 'last conducting a dual flight check' and substituted 'he or she last successfully completed a dual flight check' in this regulation consistent with the amendment to paragraph 61.115(1)(a).

 

Item [21] After regulation 61.125

Item [21] inserted a new regulation 61.126 which provides that a person who holds a flight crew licence but has not met the requisite proficiency check or flight review requirements under Part 61 is nonetheless authorised to conduct the activity while the person undertakes the proficiency check or flight review.

 

Item [22] Regulation 61.145

Item [22] repealed the former regulation and substituted a new regulation 61.145 that defines the term glider organisation as being a recreational aviation administration organisation that administers glider activities, and authorises a person to pilot a glider without holding a glider pilot licence under the following circumstances:

(a)        the person is receiving training from a person holding an appropriate authorisation that was granted by a glider organisation; and

(b)        the person is undertaking training and an assessment, such as a flight review or flight test conducted by a person holding an appropriate authorisation that was granted by a glider organisation; and

(c)        the person is conducting a flight under the visual flight rules according to an authorisation that was given by a glider instructor in accordance with the requirements set out in the glider organisation's operations manual.

 

 

Item [23] Subregulation 61.205(1)

Item [23] omitted 'and 61.200(d)' and substitute: ', 61.200(d) and 61.747(3)(c)' in this subregulation.

 

Item [24] Paragraph 61.215(3)(a)

Item [24] included reference to licence standards in the Part 61 Manual of Standards for Part 141 or 142 operators who are setting aeronautical knowledge examinations by inserting 'licence,' before 'rating' in this paragraph.

 

Item [25] Subregulation 21.235(2)

Item [25] omitted 'the applicant' from the subregulation for consistency with the following amendments to the regulation.

 

Item [26] Paragraph 61.235(2)(a)

Item [26] inserted 'the applicant' before 'meets the following' in this paragraph.

 

Item [27] Subparagraphs 61.235(2)(a)(i) to (v)

Item [27] inserted 'and' at the end of each subparagraph.

 

Item [28] Paragraphs 61.235(2)(aa) and (4)(a)

Item [28] inserted 'or (6) or (7)' after 'subregulation (5)' in these paragraphs.

 

Item [29] Subregulation 61.235(5)

Item [29] repealed the former subregulation and substituted subregulations (5), (6) and (7) as follows: Subregulation (5) identifies the relevant Part 141 office holder mentioned in paragraphs 61.235 (2)(aa) and (4)(a). Subregulation (6) identifies the relevant Part 141 or 142 office holder mentioned in paragraphs 61.235 (2)(aa) and (4)(a). Subregulation (6) provides that, where the training provider is the holder of an approval under 141.035 or 142.040, that person is the relevant person for subparagraphs (2)(aa) and (4)(a).

 

Item [30] Paragraph 61.275(5)(b)

Item [30] repealed the paragraph and provides that the person responsible for flight training for the licence or rating is the relevant person named in the Part 141 operator's operations manual or the Part 142 operator's exposition.

 

Item [31] Subregulation 61.290(5)

Item [31] repealed this subregulation.

 

Item [32] Regulation 61.330

Item [32] repealed this regulation.

 

Item [33] Regulation 61.380 (heading)

Item [33] repealed the heading to this regulation and substituted: '61.380 Limitations on exercise of privileges of pilot licences--flight activity and design feature endorsements'

 

Item [34] Regulation 61.380

Item [34] inserted '(1)' before 'The holder of a pilot licence' to provide for the addition of a new subregulation 61.380 (2).

 

 

Item [35] At the end of regulation 61.380

Item [35] inserted a new subregulation (2) which provides that the holder of a pilot licence is authorised to exercise the privileges of the licence in an aircraft that has a design feature mentioned in regulation 61.755 only if the holder also holds the design feature endorsement.

 

Item [36] Subregulation 61.385(1)

Item [36] omitted 'of a particular class or type' from this subregulation for consistency with the amendments in Items [37] and [38].

 

Item [37] Subregulation 61.385(1)

Item [37] inserted 'to which the aircraft belongs' after 'Standards for the class or type' for consistency with the amendment in Item [38] below.

 

Item [38] After subregulation 61.385(1)

Item [38] inserted new subregulation (1B) that applies if the holder of a pilot licence also holds an operational rating or endorsement. This subregulation also provides that the pilot licence holder is authorised to exercise the privileges of the licence under the rating or endorsement only if the holder is competent in operating the aircraft to the relevant standards mentioned in the Part 61 Manual of Standards for the class or type of aircraft and the activity.

 

Item [39] Paragraph 61.395(4)(b)

Item [39] repealed this paragraph and substituted a new paragraph which provides that a licence holder is taken to meet the requirements of subregulation 61.395 (1) if the holder is successfully participating in an operator's training and checking system for an operation in the category of aircraft, and the operator holds an approval under regulation 61.040 for the system for this subregulation and operations in aircraft of that category.

 

Item [40] Paragraph 61.395(5)(b)

Item [40] repealed the paragraph and substituted a new paragraph which provides that a licence holder is taken to meet the requirements of subregulation 61.395 (2) if the holder is successfully participating in an operator's training and checking system for an operation in the category of aircraft, and the operator holds an approval under regulation 61.040 for the system for this subregulation and operations in aircraft of that category.

 

Item [41] After regulation 61.420

Item [41] inserted a new regulation 61.422 that requires certain licence holders to have a current aviation English language proficiency assessment.

 

Subregulation 61.422(1) included the requirement for language proficiency in regulation 61.330 which was repealed by item [32]. Subregulation 61.422(1) requires the holder of a flight crew licence, other than a recreational pilot licence, to have a current aviation English language proficiency assessment whenever exercising the privileges of his or her licence.

 

Subregulation 61.422(2) provides for subregulation 61.422 (3) to be applied to licence holders who are granted a flight crew licence on the basis of regulation 202.272 where the licence is granted in recognition of a continued authorisation (within the meaning of regulation 202.261) granted on or before 4 March 2008.

 

Subregulation 61.422(3) provides that subregulation 61.422(1) does not apply to licence holders covered by subregulation 61.422(2) when they exercise the privileges of their flight crew licence in Australian Territory.

 

 

Item [42] Subparagraph 61.475(2)(d)(ii)

Item [42] repealed the subparagraph and substituted a new subparagraph (ii) which provides that an applicant for a Recreational Pilot Licence have, among other requirements, at least 5 hours of 'solo flight time'.

 

Item [43] Subregulation 61.510(1)

Item [43] amended subregulation 61.510(1) by inserting at the beginning of the subregulation 'On and after 1 September 2015'. This amendment deferred, until 1 September 2015, the requirement for the holder of a private pilot licence to complete an approved course of training in multi-crew co-operation to be authorised to conduct a multi-crew operation.

 

Item [44] Subregulation 61.510(2)

Item [44] provides that the holder of a private pilot licence granted on the basis of regulation 202.272 is taken to meet the requirement to have completed a training course in multi-crew co-operation if, before 1 September 2015, the holder conducted a multi-crew operation.

 

Item [45] Subparagraph 61.570(a)(iii)

Item [44] inserted 'certificated' after 'maximum' in this subparagraph in respect of the aircraft which the holder of a Commercial Pilot Licence is authorised to act as pilot in command.

 

Item [46] Subregulation 61.575(1)

Item [46] amended subregulation 61.575(1) by inserting at the beginning of the subregulation 'On and after 1 September 2015'. This amendment deferred, until 1 September 2015, the requirement for the holder of a commercial pilot licence to complete an approved course of training in multi-crew co-operation to be authorised to conduct a multi-crew operation.

 

Item [47] Subregulation 61.575(2)

Item [47] provides that the holder of a commercial pilot licence granted on the basis of regulation 202.272 is taken to meet the requirement to have completed a training course in multi-crew co-operation if, before 1 September 2015, the holder conducted a multi-crew operation.

 

Item [48] At the end of regulation 61.635

Item [48] added the following notes with respect to the privileges of the multi-crew pilot licence: 'Note 1: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences.'; 'Note 2: The holder of a multi-crew pilot licence is also authorised to taxi an aircraft in certain circumstances: see regulation 61.430.'; and 'Note 3: The holder of a multi-crew pilot licence is also authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation: see regulation 61.435.'

 

Item [49] Paragraph 61.640(1)(c)

Item [49] repealed the paragraph and substituted a new paragraph 61.640(1)(c) which provides that the holder of a multi-crew pilot licence is authorised to conduct a circling approach under the Instrument Flight Rules (IFR) if, among other things, the holder is successfully participating in an operator's training and checking system for an operation that includes circling approaches under the IFR and the operator holds an approval under regulation 61.040 for the system for this subregulation.

 

 

Item [50] Paragraph 61.640(1A)(c)

Item [50] repealed the paragraph and substituted a new paragraph 61.640(1A)(c) which provides that the holder of a multi-crew pilot licence is authorised to conduct a 3D instrument approach operation if, among other things, the holder is successfully participating in an operator's training and checking system for an operation that includes 3D instrument approaches and the operator holds an approval under regulation 61.040 for the system for this subregulation.

 

Item [51] Subregulation 61.645(1)

Item [51] repealed the subregulation and inserted subregulations 61.645(1) and (1A). Subregulation (1) provides that regulation 61.645 applies to the holder of a multi-crew pilot licence. Subregulation (1A) provides that regulation 61.645 does not apply to the holder of a multi-crew pilot licence in respect to the exercise of the privileges of the licence under the IFR if, among other things, the holder is successfully participating in an operator's training and checking system for an IFR operation in relation to which the operator holds an approval under regulation 61.040 for the system for this subregulation.

 

Item [52] Paragraph 61.650(3)(c)

Item [52] repealed the paragraph and substituted a new paragraph 61.650(3)(c) that provides that the holder of a multi-crew pilot licence is taken to have a valid proficiency check for the relevant aeroplane if, among other things, the holder is successfully participating in an operator's training and checking system for an IFR operation in relation to which the operator holds an approval under regulation 61.040 for this subregulation and operations in the relevant aeroplane.

 

Item [53] Subregulation 61.650(4B)

Item [53] omitted 'approved cyclic training and proficiency program' from the subregulation and substituted 'training and checking system' in respect of the holder of a multi-crew pilot licence holding a valid instrument proficiency check for a particular operator.

 

Item [54] Paragraph 61.680(2)(c)

Item [54] repealed the paragraph and substituted a new paragraph 61.640(2)(c) which provides that the holder of an airline transport pilot licence is authorised to conduct a circling approach under the IFR if, among other things, the holder is successfully participating in an operator's training and checking system for an operation that includes circling approaches under the IFR and the operator holds an approval under regulation 61.040 for the system for this subregulation.

 

Item [55] Paragraph 61.680(2A)(c)

Item [55] repealed the paragraph and substituted a new paragraph 61.640(2A)(c) which provides that the holder of an air transport pilot licence is authorised to conduct a 3D instrument approach operation if, among other things, the holder is successfully participating in an operator's training and checking system for an operation that includes 3D instrument approaches and the operator holds an approval under regulation 61.040 for the system for this subregulation.

 

Item [56] Subregulation 61.685(1)

Item [56] repealed the subregulation and inserted subregulations 61.685(1) and (1A). Subregulation (1) provides that regulation 61.685 applies to the holder of an air transport pilot licence. Subregulation (1A) provides that regulation 61.685 does not apply to the holder of an air transport pilot licence in respect to the exercise of the privileges of the licence under the IFR if, among other things, the holder is successfully participating in an operator's training and checking system for an IFR operation in relation to which the operator holds an approval under regulation 61.040 for the system for this subregulation.

 

Item [57] Paragraph 61.695(3)(c)

Item [57] repealed the paragraph and substituted a new paragraph 61.695(3)(c) that provides that the holder of an air transport pilot licence is deemed to have a valid instrument proficiency check and to exercise the privileges of the licence under the IFR in an aircraft of a particular category, in relation to which the operator holds an approval for operations in relevant aircraft under regulation 61.040 for this subregulation, during the period which the holder is successfully participating in the operator's training and checking system.

 

Item [58] Subregulation 61.695(4B)

Item [58] omitted 'approved cyclic training and proficiency program' from the subregulation and substituted 'training and checking system'.

 

Item [59] Subregulation 61.720 (note 3)

Item [59] repeal note 3 under subregulation 61.720 and substituted the following: 'note 3, A design feature endorsement is required for the exercise of the privileges of a pilot licence in an aircraft that has the design feature to which the design endorsement relates: see regulation 61.760.'

 

Item [60] Regulation 61.740

Item [60] repealed former regulation 61.740 'Limitations on exercise of privileges of aircraft class ratings--design feature endorsements'.

 

Item [61] Subregulation 61.745(3B)

Item [61] repealed the former subregulation and substituted a new subregulation 61.745(3B) that provides, for subregulation 61.745(1), that the holder of an aircraft class rating is taken to have a valid aircraft class rating flight review if the holder is successfully participating in an operator's training and checking system for an operation in an aircraft of the class covered by the rating, and the operator holds an approval under regulation 61.040 for the system for this subregulation and operations in that class of aircraft.

 

Item [62] Paragraph 61.750(3)(b)

Item [62] omitted 'that class' from the paragraph and substituted 'the class covered by the rating' for clarity.

 

Item [63] Regulation 61.760

Item [63] repealed the regulation and substituted a new regulation 61.760 that provides, subject to Subpart 61.E, that the holder of a design feature endorsement is authorised to exercise the privileges of his or her pilot licence in an aircraft that has a design feature and is of a class or type rating for which the holder holds the relevant rating.

 

Item [64] Subregulation 61.785(1)

Item [64] amended subregulation 61.785(1) by inserting at the beginning of the subregulation 'On and after 1 September 2015'. This amendment deferred, until 1 September 2015, the requirement for the holder of a single-pilot type rating to complete an approved course of training in multi-crew co-operation to be authorised to conduct a multi-crew operation.

 

Item [65] Paragraph 61.795(b)

Item [65] repealed the paragraph and substituted a new paragraph 61.795(b) that provides that the holder of a pilot type rating is authorised to exercise the privileges of the rating in an aircraft of a particular model if he or she is successfully participating in the operator's training and checking system for an operation in the aircraft model and the operator holds an approval under regulation 61.040 for the system for this regulation and operations in that aircraft model.

 

Item [66] Subregulation 61.800(6)

Item [66] repealed the former subregulation and substituted a new subregulation 61.800(6) which provides that, for subregulation 61.800(1), the holder of a pilot type rating is taken to have a valid flight review for the rating if the holder is successfully participating in an operator's training and checking system for an operation in an aircraft of the type covered by the rating and the operator holds an approval under regulation 61.040 for the system for this subregulation and operations in aircraft of that type.

 

Item [67] Paragraph 61.805(2)(d)

Item [67] repealed the former paragraph and substituted a new paragraph 61.805(2)(d) which provides that the holder is taken to have a valid instrument proficiency check for an aircraft type, other than a single-pilot turbojet aeroplane type, if the holder is successfully participating in an operator's training and checking system for an IFR operation in an aircraft of that type and for which the operator holds an approval under regulation 61.040 for this subregulation and operations in aircraft of that type.

 

Item [68] Paragraph 61.805(3)(d)

Item [68] repealed the former paragraph and substituted a new paragraph 61.805(3)(d) which provides, that the holder of a pilot type rating is taken to have a valid instrument proficiency check if he or she is successfully participating in an operator's training and checking system for an IFR operation in an aircraft of that type, and in relation to which the operator holds an approval under regulation 61.040 for this subregulation and operations in aircraft of that type.

 

Item [69] Subregulation 61.805(4B)

Item [69] omitted 'approved cyclic training and proficiency program' and substituted 'training and checking system'.

 

Item [70] Paragraph 61.810(2)(a)

Item [70] repealed the former paragraph and substituted a new paragraph 61.810(2)(a) which provides that an applicant for a pilot type rating who is not taken to meet the requirements for the grant of the rating under regulation 61.815 or 61.820, must, among other things, hold a pilot licence.

 

Item [71] Paragraph 61.835(1)(a)

Item [71] repealed the former paragraph and substituted a new paragraph 61.835(1)(a) which provides for the holder of a cruise relief type rating to act as co-pilot of an aircraft only if the operator of the aircraft has a training and checking system, and the operator holds an approval under regulation 61.040 for the system for this subregulation.

 

Item [72] Subregulation 61.840(1)

Item [72] repealed the former subregulation and substituted a new subregulation 61.840(1) which provides that the holder of a cruise relief co-pilot type rating is authorised to act as co-pilot of an aircraft of a particular type if, among other things, he or she is successfully participating in an operator's training and checking system for an operation in an aircraft of that type, and the operator holds an approval under regulation 61.040 for the system for this subregulation and operations in aircraft of that type.

 

Item [73] Subregulation 61.840(2)

Item [73] omitted 'only if the holder' and substituted 'only if' in subregulation 61.840(2).

 

Item [74] Paragraphs 61.840(2)(a) and (b)

Item [74] inserted 'the holder' before 'has'.

 

Item [75] Paragraph 61.840(2)(c)

Item [75] repeal the paragraph and substituted a new paragraph 61.840(2)(c) which provides that the holder of a cruise relief flight engineer type rating is authorised to act as co-pilot of an aircraft of a particular type if, among other things, he or she is successfully participating in an operator's training and checking system for an operation in a relevant aircraft, and the operator holds an approval under regulation 61.040 for the system for this subregulation and operations in aircraft of that type.

 

Item [76] Paragraphs 61.840(2)(d)

Item [76] inserted 'the holder' before 'is acting' in paragraph 61.840(2)(d).

 

Item [77] Paragraph 61.840(4)(b)

Item [77] repealed the paragraph and substituted a new paragraph 61.840(4)(b) which provides that the holder is authorised to exercise the privileges of the rating in aircraft model second variant only if, among other things, the holder is successfully participating in an operator's training and checking system for an operation in the second variant and the operator holds an approval under regulation 61.040 for the system for this subregulation and operations in the second variant.

 

Item [78] Paragraphs 61.845(3)(b) and (c)

Item [78] repealed the former paragraphs and substituted a provision that requires the applicant to pass the flight test mentioned in the Part 61 Manual of Standards for the rating.'

 

Item [79] Subregulation 61.845(3) (notes)

Item [79] repealed the notes under subregulation 61.845(3) and substituted a note that provides, the requirements for an approved course of training, reference to Division 61.B.2 and a note that provides, for the conduct of flight tests, reference to Division 61.B.4.

 

Item [80] After subregulation 61.845(3)

Item [80] inserted a new subregulation 61.845(3A) that deferred, until 1 September 2015, the requirement for an applicant for a cruise relief type rating to complete an approved multi-crew cooperation course.

 

Item [81] Subregulation 61.845(4)

Item [81] omitted 'For paragraphs (3)(a) and (b)' and substituted 'For paragraph (3)(a) and subregulation (3A)' in subregulation 61.845(4).

 

Item [82] Paragraph 61.860(3)(c)

Item [82] repealed the former paragraph and substituted a new paragraph 61.860(3)(c) which provides that the holder of an instrument rating is authorised to conduct a circling approach under the IFR if, among other things, he or she is successfully participating in an operator's training and checking system for an operation that includes circling approaches and the operator holds an approval under regulation 61.040 for the system for this subregulation.

 

Item [83] Subregulation 61.870(1)

Item [83] repealed the former subregulation and substituted new subregulations 61.870(1) and 61.870(1A) which provide that the regulation applies to the holder of an instrument rating subject to subregulation 61.870(1A) if the holder has successfully completed an operator proficiency check that covers IFR operations within the previous 3 months or the holder is successfully participating in an operator's training and checking system for an IFR operation and the operator holds an approval under regulation 61.040 for the system for this subregulation.

 

 

Item [84] Paragraph 61.880(3)(d)

Item [84] repealed the former paragraph and substituted a new paragraph 61.880(3)(d) which provides that for subregulations 61.880(1) and 61.880(2), subject to subregulations 61.880(4) and 61.880(4B), the holder of an instrument rating is taken to have a valid instrument proficiency check if he or she is successfully participating in an operator's training and checking system for an IFR operation in a relevant aircraft and the operator holds an approval under regulation 61.040 for the system for this subregulation and operations in the relevant aircraft.

 

Item [85] Subregulation 61.880(4B)

Item [85] omitted 'approved cyclic training and proficiency program' and substituted 'training and checking system' in subregulation 61.880(4B).

 

Item [86] Paragraph 61.900(2)(c)

Item [86] repeal the former paragraph and substituted a new paragraph 61.900(2)(c) which provides that the holder of an instrument rating is authorised to conduct a 3D instrument approach operation if, among other things, the holder is successfully participating in an operator's training and checking system for an operation that includes 3D instrument approaches and the operator holds an approval under regulation 61.040 for the system for this subregulation.

 

Item [87] Regulation 61.910

Item [87] repealed the regulation and inserted a new subregulation 61.910(1) which provides that, subject to Subpart 61.E and regulations 61.915 to 61.925, the holder of a private instrument rating is authorised to pilot an aircraft mentioned in subregulation 61.910(2) under the IFR in a private operation in Australian territory.

 

Item [87] also inserted new subregulation 61.910(2) which provides that, for subregulation 61.910(1), the aircraft must be certificated for single-pilot operation and have a maximum certificated take-off weight of not more than 5 700 kg.

 

Item [88] Paragraph 61.930(1)(b)

Item [88] repealed the former paragraph and substituted a new paragraph 61.930(1)(b) which provides that an applicant for a private instrument rating must, among other things, meet the requirements for the grant of at least one endorsement mentioned in column 1 of an item in Part 1 of table 61.935 and one endorsement mentioned in column 1 of an item in Part 2 of table 61.935.

 

Item [89] Subregulation 61.940(1)

Item [89] omitted 'regulation 61.945' and substituted 'regulations 61.942 and 61.945' in subregulation 61.940(1).

 

Item [90] Subregulation 61.940(3)

Item [90] repealed former subregulation 61.940(3).

 

Item [91] At the end of regulation 61.940

Item [91] added, at the end of the regulation, a note referencing the definition of published lowest safe altitude in regulation 61.010.

 

 

Item [92] After regulation 61.940

Item [92] inserted a new regulation 61.942 - Limitations on exercise of privileges of private instrument endorsements--visibility and cloud which provides that the holder of an endorsement mentioned in column 1 of an item in Part 1, 2 or 6 of table 61.935 is authorised to conduct the activity authorised in column 2 of the item below the published lowest safe altitude only if the visibility is at least 5 000 m and the aircraft is clear of cloud.

 

Item [93] Subregulation 61.970(1)

Item [93] omitted 'only if the holder' and substituted 'only if' in subregulation 61.970(1).

 

Item [94] Paragraphs 61.970(1)(a) to (d)

Item [94] omitted 'has' and substituted 'the holder' in paragraphs 61.970(1)(a) to (d).

 

Item [95] Paragraphs 61.970(1)(e)

Item [95] repealed the former paragraph and substituted a new paragraph 61.970(1)(e), which provides that the holder of a night VFR rating is authorised to pilot an aircraft of a particular category, other than a multi-engine aeroplane, at night under the VFR only if, in the previous 24 months, he or she has successfully participated in an operator's training and checking system for an operation at night in an aircraft of the same category and in relation to which the operator holds an approval under regulation 61.040 for this subregulation and operations in aircraft of that category.

 

Item [96] Subregulation 61.970(2)

Item [96] omitted 'only if the holder' and substituted 'only if' in subregulation 61.970(2).

 

Item [97] Paragraphs 61.970(2)(a) to (d)

Item [97] omitted 'has' and substituted 'the holder' in paragraphs 61.970(2)(a) to (d).

 

Item [98] Paragraph 61.970(2)(e)

Item [98] repealed the former paragraph and substituted a new paragraph 61.970(1)(e), which provides that the holder of a night VFR rating is authorised to pilot a multi-engine aeroplane at night under the VFR only if, in the previous 24 months, he or she has successfully participated in an operator's training and checking system for an operation at night in a multi-engine aeroplane and in relation to which the operator holds an approval under regulation 61.040 for this subregulation.

 

Item [99] Regulation 61.1010

Item [99] omitted 'only if the holder' and substituted 'only if' in regulation 61.1010.

 

Item [100] Paragraphs 61.1010(a) to (c)

Item [100] inserted 'the holder' before 'has' in paragraphs 61.1010(a) to (c).

 

Item [101] Paragraph 61.1010(d)

Item [101] repealed the former paragraph and substituted a new paragraph 61.1010(d) which provides that the holder of a night vision imaging system rating is authorised to pilot a helicopter using night vision goggles if, among other things, the holder is successfully participating in an operator's training and checking system for an operation at night using night vision goggles and the operator holds an approval under regulation 61.040 for the system for this subregulation.

 

 

Item [102] Paragraph 61.1015(2)(d)

Item [102] repealed the former paragraph and substituted new paragraph 61.1015(2)(d) which provides that the holder of a night vision imaging system rating is taken to have a valid night vision imaging system proficiency check if the holder is successfully participating in an operator's training and checking system and for an operation under the rating for which the operator holds an approval under regulation 61.040 for this subregulation.

 

Item [103] Regulation 61.1025 (table 61.1025, item 1, column 3)

Item [103] omitted ', multi-engine helicopter instrument endorsement or air transport pilot licence', and substituted 'or multi-engine helicopter instrument endorsement' from item 1 in table 61.1025 - Night vision imaging system endorsements.

 

Item [104] Subregulation 61.1060(2)

Item [104] omitted 'if the holder' and substituted 'if' in subregulation 61.1060(2).

 

Item [105] Paragraphs (2)(a) to (d)

Item [105] inserted 'the holder' before 'has' in paragraphs (2)(a) to (d).

 

Item [106] Paragraph 61.1060(2)(e)

Item [106] repealed the paragraph and substituted a new paragraph 61.1060(2)(e) which provides that the holder of a low level rating is taken to have successfully completed a flight review for the rating if, among other things, he or she is successfully participating in an operator's training and checking system for an operation under the rating for which the operator holds an approval under regulation 61.040 for the system for this subregulation.

 

Item [107] Regulation 61.1135

Item [107] inserted ', within the previous 45 days after 'only if' in regulation 61.1135 which provides that the holder of a night aerial application endorsement is authorised to exercise the privileges of the endorsement in a relevant aircraft if he or she meets the requirements of 61.1135(a) and (b) within the previous 45 days.

 

Item [108] Paragraph 61.1135(a)

Item [108] omitted ', within the previous 45 days,' consistent with the intention of Item [107].

 

Item [109] Regulation 61.1145 (table 61.1145, items 1, 2, 3 and 4)

Item [109] repealed the former Glider towing activity endorsement and associated authorised activities and requirements from table 61.1145 - Flight activity endorsements, and added a new item 3 which provides for an 'aerobatics (1 000) activity' endorsement, authorised activities and requirements. Item [109] also provided for the consequent renumbering of the first 3 items.

 

Item [110] Subregulation 61.1175(3)

Item [110] repealed the former subregulation and substituted a new subregulation 61.1175(3) which provides that a flight instructor is authorised to conduct training to meet the general competency requirement in regulation 61.385 for a kind of aircraft only if the instructor also holds a training endorsement that authorises the instructor to conduct flight training in the aircraft.

 

Item [111] Subregulation 61.1175(4)

Item [111] amended the subregulation to provide that a flight instructor is authorised to grant an endorsement, other than a recreational pilot licence endorsement, only if the instructor also holds a training endorsement required to conduct flight training for the endorsement.

 

 

Item [112] After subregulation 61.1175(4)

Item [112] inserted a new subregulation 61.1175(4A) after subregulation 61.1175(4) which provides that a flight instructor is authorised to grant a recreational pilot licence endorsement only if the instructor also holds a grade 1 or grade 2 training endorsement.

 

Item [113] Paragraph 61.1180(2)(d)

Item [113] repealed the former paragraph and substituted a new paragraph 61.1180(2)(d) which provides that the holder of a flight instructor rating is taken to have an instructor proficiency check if he or she is, among other things, successfully participating in an operator's training and checking system for an operation under the rating for which the operator holds an approval under regulation 61.040 for this subregulation.

 

Item [114] Subparagraph 61.1190(b)(iii)

Item [114] repealed the former subparagraph and substituted subparagraphs (b)(iii) and (b)(iv) which include recreational pilot licence endorsements and endorsements for which a flight test is required.

 

Item [115] Subregulation 61.1200(3)

Item [115] repealed the former subregulation and substituted a new subregulation 61.1200(3) which provides that a simulator instructor is authorised to conduct training to meet the general competency requirement in regulation 61.385 for a kind of aircraft only if the instructor also holds a training endorsement that authorises the instructor to conduct flight training in the aircraft.

 

Item [116] Paragraph 61.1205(2)(d)

Item [116] repeal the former paragraph and substituted a new paragraph 61.1205(2)(d) which provides that the holder of a simulator instructor rating is taken to have a valid instructor proficiency check if he or she is, among other things, successfully participating in an operator's training and checking system for an operation under the rating for which the operator holds an approval under regulation 61.040 for this subregulation.

 

Item [117] Regulation 61.1235 (table 61.1235, cell at item 1, column 3)

Item [117] inserted 'pilot' after 'transport' in the cell at item 1, column 3 of table 61.1235.

 

Item [118] Regulation 61.1235 (table 61.1235, cell at item 2, column 2)

Item [118] omitted 'Conduct basic instrument flight training' from the cell at item 2, column 2 of table 61.1235.

 

Item [119] Regulation 61.1235 (table 61.1235, cell at item 2, column 2)

Item [119] omitted 'Conduct flight reviews' from the cell at item 2, column 2 of table 61.1235.

 

Item [120] Regulation 61.1235 (table 61.1235, cell at item 2, column 3)

Item [120] omitted 'Night VFR training endorsement or instrument rating training endorsement' from the cell at item 2, column 3 of table 61.1235.

 

Item [121] Regulation 61.1235 (table 61.1235, cell at item 3, column 2)

Item [121] repealed the text in the cell at item 3, column 2 of table 61.1235 - Training endorsements, and substituted new text which prescribes the activities the holder of a Grade 3 training endorsement is authorised to conduct.

 

 

Item [122] Regulation 61.1235 (table 61.1235, cell at item 3A, column 2)

Item [122] repealed the text in the cell at item 3A, column 2 of table 61.1235 - Training endorsements, and substituted new text which prescribes the activities the holder of a Grade 3 training endorsement (aeroplane) is authorised to conduct.

 

Item [123] Regulation 61.1235 (table 61.1235, cell at item 3A, column 3)

Item [123] inserted 'pilot' after 'transport' in the cell at item 3A, column 3 of table 61.1235 Training endorsements.

 

Item [124] Regulation 61.1235 (table 61.1235, cell at item 4, column 3)

Item [124] inserted 'pilot' after 'transport' in the cell at item 4, column 3 of table 61.1235 Training endorsements.

 

Item [125] Regulation 61.1235 (table 61.1235, cell at item 5, column 3)

Item [125] repealed the text in the cell at item 5, column 3 of table 61.1235 - Training endorsements, and substituted 'Commercial pilot licence or air transport pilot licence. Pilot type rating for the specified aircraft type.'

 

Item [126] Regulation 61.1235 (table 61.1235, item 6)

Item [126] repealed the former item 6 of table 61.1235 - Training endorsements, and substituted a new item 6 that provides for a class-specific class rating training endorsement that authorises the holder to conduct flight training for relevant aircraft provided that he or she has the qualifications and experience set out in column 3 of the table.

 

Item [127] Regulation 61.1235 (table 61.1235, at the end of the cell at item 8, column 2)

Item [127] added 'Conduct basic instrument flight training' to the authorised activities of the holder of a category-specific instrument rating training endorsement at the end of the cell at item 8, column 2 table 61.1235 Training endorsements.

 

Item [128] Regulation 61.1235 (table 61.1235, at the end of the cell at item 9, column 2)

Item [128] added 'Conduct basic instrument flight training' to the authorised activities of the holder of a category-specific instrument rating training endorsement at the end of the cell at item 9, column 2 table 61.1235 Training endorsements.

 

Item [129] Regulation 61.1235 (table 61.1235, cell at item 9, column 3)

Item [129] inserted 'pilot' after 'transport' in the cell at item 9, column 3 of table 61.1235 Training endorsements.

 

Item [130] Regulation 61.1235 (table 61.1235, cell at item 11, column 2)

Item [130] omitted the text 'items 8 to 10' and substituted 'item 8 or 9' in the cell at item 11, column 2 of table 61.1235 Training endorsements.

 

Item [131] Regulation 61.1235 (table 61.1235, cell at item 12, column 3)

Item [131] inserted 'pilot' after 'transport' in the cell at item 12, column 3 of table 61.1235 Training endorsements.

 

Item [132] Regulation 61.1235 (table 61.1235, cell at item 14, column 3)

Item [132] repealed the text in the cell at item 14, column 3 of table 61.1235 - Training endorsements, and substitute 'Commercial pilot licence or air transport pilot licence'.

 

 

Item [133] Regulation 61.1235 (table 1235, cell at item 15, column 2)

Item [133] repealed the text in the cell at item 15, column 2 of table 61.1235 Training endorsements, and substituted 'Conduct flight training for a class rating (multi-engine aeroplane) training endorsement'.

 

Item [134] Regulation 61.1235 (table 61.1235, cell at item 15, column 3)

Item [131] inserted 'pilot' after 'transport' in the cell at item 15, column 3 of table 61.1235 Training endorsements.

 

Item [135] Regulation 61.1235 (table 61.1235, item 23)

Item[135] repealed this item.

 

Item [136] Regulation 61.1240

Item [136] omitted 'Subject to Subpart 61.E, Divisions 61.T.1 and 61.T.2 and regulation 61.1246' and substituted '(1) Subject to Subpart 61.E, Divisions 61.T.1 and 61.T.2 and regulation 61.1245 to 61.1247' in respect of the activities a holder of a training endorsement is authorised to conduct.

 

Item [137] At the end of regulation 61.1240

Item [137] added a new subregulation 61.1240(2) to the regulation which provides that the holder of a grade 3 training endorsement is not authorised to grant a recreational pilot licence endorsement.

 

Item [138] Regulation 61.1245 (heading)

Item [138] repealed the heading and substituted a new heading: 61.1245 Limitations on exercise of privileges of training endorsements--general

 

Item [139] Subregulations 61.1245(3), (4), (5) and (6)

Item [139] repealed former subregulations 61.1245(3), (4), (5) and (6).

 

Item [140] After regulation 61.1245

Item [140] inserted new regulations 61.1246 and 61.1247.

 

Regulation 61.1246 Limitations on exercise of privileges of grade 3 training endorsements

 

Subregulation 61.1246(1) provides that the holder of a grade 3 training endorsement is authorised to conduct an activity mentioned in column 2 of item 3 or 3A in table 61.1235 only if the holder is acting under the supervision of the holder of a grade 1 training endorsement.

 

Subregulation 61.1246(2) provides that the holder of a grade 3 training endorsement is authorised to exercise of the privileges of the endorsement only by day under the VFR.

 

Subregulation 61.1246(3) provides that the holder of a grade 3 training endorsement (helicopter) is authorised to conduct flight training involving a simulated engine failure only if the holder has completed at least 100 hours of flight training under the endorsement.

 

Regulation 61.1247 provides that the holder of a low-level training endorsement is authorised to conduct flight training for a low-level endorsement only if the holder holds a low-level endorsement and has at least 5 hours aeronautical experience conducting the activity authorised by the low-level endorsement.

 

 

Item [141] Regulation 61.1252

Item [141] repealed former regulation 61.1252.

 

Item [142] Regulation 61.1255

Item [142] omitted '61.1260' and substituted '61.1265' in regulation 61.1255.

 

Item [143] Sub-subparagraph 61.1300(3)(b)(i)(A)

Item [143] omitted 'grant of' and substituted 'exercise of the privileges of' in sub-subparagraph 61.1300(3)(b)(i)(A).

 

Item [144] Sub-subparagraphs 61.1300(3)(b)(A), (B) and (C)

Item [144] repealed the former sub-subparagraphs and substituted new sub-subparagraphs 61.1300(3)(b)(ii)(A) and (B) which provide that a flight examiner commits an offence if, among other things, he or she conducts a test for a recreational pilot licence and the applicant does not hold a current class 1 or 2 medical certificate or recreational aviation medical practitioner's certificate or a medical exemption for the exercise of the privileges of the licence.

 

Item [145] Paragraph 61.1300(5)(b)

Item [145] repealed the former paragraph and substituted a new paragraph 61.1300(5)(b) which provides that a flight examiner commits an offence if he or she conducts a flight test for a rating or endorsement on a pilot licence and, when the test begins, the examiner is not satisfied that the applicant holds a current class 1 or 2 medical certificate or recreational aviation medical practitioner's certificate or a medical exemption for the exercise of the privileges of the rating.

 

Item [146] Paragraph 61.1335(3)(a)

Item [146] omitted 'category' and substituted 'type' in paragraph 61.1335(3)(a).

 

Item [147] Paragraph 61.1335(3)(b)

Item [147] repealed the former paragraph and substituted a new paragraph 61.1335(3)(b) which provides that the holder of a flight engineer licence is authorised to act as the flight engineer of an aircraft of a particular type if, among other things, he or she is successfully participating in an operator's training and checking system for an operation in an aircraft of that type and the operator holds an approval under regulation 61.040 for the system for this subregulation.

 

Item [148] Regulation 61.1325

Item [148] omitted '61.1350' and substituted '61.1352' in regulation 61.1325.

 

Item [149] After regulation 61.1350

Item [149] inserted a new regulation, 61.1352

 

61.1352 Limitations on exercise of privileges of flight engineer licences - aviation English language proficiency

 

Subregulation 61.1352 (1) provides that the requirements for language proficiency in regulation 61.330 which were repealed by item [32].  The Subregulation requires the holder of a flight crew licence, other than a recreational pilot licence, to have a current aviation English language proficiency assessment whenever exercising the privileges of his or her licence.

 

 

Subregulation 61.1352(2) provides that subregulation 61.1352 (3) applies if the holder of a flight crew licence was granted a flight crew licence on the basis of regulation 202.272, where the licence was granted in recognition of a continued authorisation (within the meaning of regulation 202.261) granted on or before 4 March 2008.

 

Subregulation 61.1352(3) provides that subregulation 61.1352 (1) does not apply to licence holders covered by subregulation (2) when they exercise the privileges of their flight crew licence in Australian Territory.

 

Item [150] Paragraph 61.1360(3)(c)

Item [150] repealed former paragraph 61.1360(3)(c). This removed the requirement to have completed an approved course of training in multi-crew cooperation for the grant of a flight engineer licence. This item is related to item [151].

 

Item [151] After subregulation 61.1360(3)

Item [151] inserted new subregulation 61.1360(3A) that adds a requirement to complete an approved course of training in multi-crew cooperation for the grant of a flight engineer licence. This requirement only applies to applicants on or after 1 September 2015.

 

Item [152] Paragraph 61.1375(b)

Item [152] repealed the former paragraph and substituted a new paragraph 61.1375(b) which provides that the holder of a flight engineer type rating is authorised to exercise the privileges of the rating in an aircraft model covered by the rating if, among other things, he or she is successfully participating in an operator's training and checking system for an operation in the aircraft model and the operator holds an approval under regulation 61.040 for the system for this regulation and operations in aircraft of that model.

 

Item [153] Paragraph 61.1380(3)(c)

Item [153] repealed the former paragraph and substituted a new paragraph 61.1380(3)(c) which provides that the holder of a flight engineer type rating is taken to have successfully completed a flight review for the rating if he or she is successfully participating in an operator's training and checking system for an operation in an aircraft of the type covered by the rating and the operator holds an approval under regulation 61.040 for the system for this subregulation and operations in aircraft of that type.

 

Item [154] Paragraph 61.1410(2)(d)

Item [154] repealed the former paragraph and substituted a new paragraph 61.1410(2)(d) which provides that the holder of a flight engineer instructor rating is taken to have a valid instructor proficiency check if, among other things, he or she is successfully participating in an operator's training and checking system for an operation under the rating and the operator holds an approval under regulation 61.040 for this subregulation.

 

Item [155] Subregulation 61.1445

Item [155] omitted '61.1450' and substituted '61.1455' in subregulation 61.1445.

 

Item [156] At the end of regulation 64.035

Item [156] added a new subregulation 64.035(3) which does not require the holder of an aeronautical radio operator certificate to have a current aviation English language proficiency assessment or the certificate, if the certificate was granted on the basis of regulation 202.304.

 

Item [157] Part 141 (table of contents)

Item [157] omitted the entry for regulation 141.065 and substituted '141.065 Part 141 certificate--approval of operations manual' in the Part 141 table of contents.

 

Item [158] Part 141 (table of contents)

Item [158] omitted the entry for regulation 141.100 and substituted '141.100 Part 141 operators--CASA directions relating to operations manual or key personnel' in the Part 141 table of contents.

 

Item [159] Part 141 (table of contents)

Item [159] omitted the entries for regulations 141.135, 141.140, 141.145 and 141.150 in the Part 141 table of contents.

 

Item [160] Part 141 (table of contents)

Item [160] omitted the entry for regulation 141.170 and substituted '141.170 Part 141 operators--instructors must comply with operations manual' in the Part 141 table of contents.

 

Item [161] Part 141 (table of contents)

Item [161] omitted all the entries from and including the entry for Subpart 141.F to, and including, the entry for regulation 141.230 and substituted 'Subpart 141.G Part 141 operators--quality system.

 

Item [162] Part 141 (table of contents)

Item [162] omitted all the entries from and including the entry for Subpart 141.I to, and including, the entry for regulation 141.270 and substituted the following in the Part 141 table of contents:

 

'Subpart 141.I Part 141 operators--operations manuals'

'141.260 Part 141 operators--content of operations manual'

'141.265 Part 141 operators--compliance with operations manual by operator'

'141.270 Part 141 operators--providing personnel with operations manual'.

 

Item [163] Regulation 141.020 (definition of key personnel)

Item [163] repealed the former definition of 'key personnel' in regulation 141.020 and substituted a new definition which provides that the definition of 'key personnel', for a Part 141 operator, means the people (however described) that hold, or carry out the responsibilities of the  chief executive officer and the head of operations.

 

Item [164] Regulation 141.025 (subparagraphs (c)(iii), (iv), (v), (vi) and (vii) of the definition of significant change)

Item [164] repealed the former subparagraphs and substituted new subparagraphs (c)(iii), (iv), (v), (vi) which provide that the definition of 'significant change' includes, among other things, a change in relation to: the operator's dangerous goods manual (if any); the way the operator manages the risk of fatigue in its personnel; the operator's safety policy; or the operator's quality system, that does not maintain or improve, or is not likely to maintain or improve, aviation safety.

 

Item [165] Regulation 141.030 (definition of exposition)

Item [165] repealed the definition of exposition in regulation 141.030.

 

Item [166] Regulation 141.030

Item [166] inserted the definition of 'operations manual' for a Part 141 operator into regulation 141.030 as the set of documents approved by CASA under regulation 141.065 in relation to the operator or, if the set of documents is changed under regulation 141.080, 141.090, 141.100 or the process mentioned in regulation 141.095--the set of documents as changed.

 

 

Item [167] Subregulation 141.070(1)

Item [167] omitted '(1)' from subregulation 141.070(1).

 

Item [168] Subregulations 141.070(2), (3) and (4)

Item [168] repealed former subregulations 141.070(2), (3) and (4).

 

Item [169] Paragraphs 141.120(1)(c) and (d)

Item [169] repealed the former paragraphs and substituted a new paragraph 141.120(1)(c) which provides that, if a Part 141 operator conducts training in aircraft, the chief executive officer is responsible for, among other things, ensuring that the operator meets the requirements set out in this paragraph.

 

Item [170] Paragraph 141.130(2)(d)

Item [170] omitted 'operations manual and' from paragraph 141.130(2)(d).

 

Item [171] Paragraph 141.130(2)(i)

Item [171] repealed the former paragraph and substituted a new paragraph 141.130(2)(i) which provides that the head of operations of a Part 141 operator must safely manage the operator's authorised Part 141 flight training, including, where the operator conducts the training in a flight simulation training device, ensuring the correct operation and maintenance of the device and that the device is used only in accordance with the operator's operations manual.

 

Item [172] After paragraph 141.130(2)(l)

Item [172] inserted new paragraphs 141.130(2)(m), (n) and (o) which provide that the head of operations of a Part 141 operator is also responsible for managing the maintenance and continuous improvement of the operator's fatigue risk management system (if any); ensuring the operator's personnel understand the operator's safety policy; and implementing and managing the operator's processes for identifying and addressing deficiencies in training outcomes for the operator's authorised Part 141 training, including the processes mentioned in new subregulation141.130(5).

 

Item [173] At the end of regulation 141.130

Item [173] inserted new subregulation 141.130(5) which provides that, for paragraph 141.130(2)(o), the processes for identifying and addressing deficiencies in training outcomes are those set out in paragraphs (a) to (e) of this subregulation.

 

Item [174] Regulations 141.135, 141.140, 141.145 and 141.150

Item [174] repealed former regulations 141.135, 141.140, 141.145 and 141.150.

 

Item [175] Subparts 141.F and 141.G

Item [175] repealed the former subparts and substituted a new Subpart 141.G - Part 141 operators--quality system, inclusive of regulation 141.225:

 

Regulation 141.225, Part 141 operators--quality system for flight simulation training devices

 

Subregulation 141.225(1)  provides that a Part 141 operator that conducts authorised Part 141 flight training in a flight simulation training device must have a quality system that ensures the correct operation and maintenance of the device.

 

Subregulation 141.225(2) provides the elements that the quality system must cover, including quality policy; management responsibility; document control; resource allocation; quality procedures and internal audit.

 

Item [176] After paragraph 141.260(1)(m)

Item [176] inserted new paragraphs 141.260(1)(ma) and (mb) which provide that a Part 141 operator's operations manual also include a description of the operator's safety policy and how the operator will identify and address deficiencies in training outcomes of its authorised Part 141 flight training, including the processes set out in subparagraphs 141.260(1)(mb)(i) to (v).

 

Item [177] Before subparagraph 141.260(1)(n)(i)

Item [177] inserted a new subparagraph 141.260(1)(n)(ia) which provides that a Part 141 operator's operations manual also include a description of the operator's quality system if the operator conducts the training in flight simulation training devices.

 

Item [178] Paragraph 141.260(1)(r)

Item [178] repealed the former paragraph and substituted a new paragraph 141.260(1)(r) which provides that a Part 141 operator's operations manual must include a dangerous goods manual (if any).

 

Item [179] Subregulations 141.260(2) and (3)

Item [179] repealed the former subregulations and substituted a new subregulation 141.260(2) which provides that an operations manual for a Part 141 operator may include a list of material required for the operator's reference library.

 

Item [180] Paragraph 141.310(6)(b)

Item [180] omitted 'Part 14' and substituted 'Part 141' in paragraph 141.310(6)(b).

 

Item [181] Paragraphs 142.265(3)(a) and (b)

Item [181] inserted 'certificated' after 'maximum' in paragraphs 142.265(3)(a) and (b).

 

Item [182] Paragraph 142.315(c)

Item [182] repealed former paragraph 142.315(c).

 

Item [183] Paragraph 142.320(2)(b)

Item [183] repealed the former paragraph and substituted a new paragraph 142.320(2)(b) which provides that, if an instructor conducts an authorised Part 142 activity for an operator, he or she must meet either the requirements of 142.320(2)(b) or be successfully participating in the operator's internal training and checking system.

 

Item [184] Part 202 (table of contents)

Item [184] omitted the entry for Division 202.CB.1 and substituted a new entry 'Division 202.CB.1--Amendments made by regulations commencing on 1 September 2014' in the Part 202 table of contents.

 

Item [185] Part 202 (table of contents)

Item [185] omitted the entry for regulation 202.277D from the Part 202 table of contents.

 

Item [186] Part 202 (table of contents)

Item [186] omitted the entry for Division 202.CE.1 and substituted 'Division 202.CE.1--Amendments made by regulations commencing on 1 September 2014' in the Part 202 table of contents.

 

Item [187] Part 202 (table of contents)

Item [187] omitted the entry for Division 202.GA.1 and substituted 'Division 202.GA.1--Amendments made by regulations commencing on 1 September 2014' in the Part 202 table of contents.

 

Item [188] Part 202 (table of contents)

Item [188] omitted the entries for regulations 202.724, 202.275 and 202.276, and substituted the following entries in the Part 202 table of contents:

 

'202.724 Application of Part 141 to certain Part 141 operators--references to operations manual';

'202.276 Application of Part 141 to certain Part 141 operators without Part 60 quality systems'.

 

Item [189] Part 202 (table of contents)

Item [189] inserted '202.727A Application of subregulation 141.085(3) (about applications for approval of significant changes)' after the entry for regulation 202.727 in the Part 202 table of contents.

 

Item [190] Part 202 (table of contents)

Item [190] omitted the entry for Division 202.GB.1 and substituted '202.GB.1--Amendments made by regulations commencing on 1 September 2014' in the Part 202 table of contents.

 

Item [191] Division 202.CB.1 (heading)

Item [191] repealed the heading to Division 202.CB.1 and substituted 'Division 202.CB.1--Amendments made by regulations commencing on 1 September 2014'. The amendment also inserted a note that the regulations comprise the Civil Aviation Legislation Amendment Regulation 2013 (No 1); the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013; and the Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014.

 

Item [192] Regulation 202.261 (definition of amendments)

Item [192] repealed the former definition of 'amendments' and substituted a new definition that also includes these amendments and the amendments to the listed CAOs commencing on 1 September 2014.

 

Item [193] Regulation 202.261 (subparagraph (a)(ii) of the definition of old authorisation)

Item [193] repealed former subparagraph 202.261(a)(ii) and substituted 'a relevant CAO; and'.

 

Item [194] Regulation 202.261 (subparagraph (b)(i) and (b)(ii) of the definition of old authorisation)

Item [194] omitted 'Part 5 CAO' and substituted 'relevant CAO in subparagraph 202.261(a)(i) and subparagraph 202.261(b)(ii).

 

Item [195] Regulation 202.261 (definition of Part 5 CAO)

Item [195] repealed the definition of 'Part 5 CAO' in regulation 202.261.

 

Item [196] Regulation 202.261

Item [196] inserted a new definition: 'relevant CAO' which includes a Civil Aviation Order made under Part 5 of CAR and Civil Aviation Orders 26.6, 29.10, 29.11 and 82.6.

 

Item [197] Subregulations 202.268(1) and (2)

Item [197] omitted '2014' and substituted '2015' in subregulations 202.268(1) and (2).

 

Item [198] paragraph 202.270(2)(b)

Item [198] repealed former paragraph 202.270(b) and substituted 'a relevant CAO; and'.

 

Item [199] Subregulation 202.272(4)

Item [199] omitted 'Part 5 CAO' and substituted 'relevant CAO in subregulation 202.274(4).

 

Item [200] Regulation 202.277D

Item [200] repealed former regulation 202.277D.

 

Item [201] Division 202.CE.1 (heading)

Item [201] repealed the heading and substituted 'Division 202.CE.1--Amendments made by regulations commencing on 1 September 2014'. The amendment also inserted a note that the regulations comprise the Civil Aviation Legislation Amendment Regulation 2013 (No 1); Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013; and Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014.

 

Item [202] Regulation 202.300 (paragraph (b) of the definition of amendments)

Item [202] repealed the former paragraph (b) of regulation 202.300 and substituted the following list of amendments: the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013; and Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014.

 

Item [203] Regulation 202.307

Item [203] inserted a definition of 'amendments' that includes the following references:

the Civil Aviation Legislation Amendment Regulation 2013 (No 1); Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013; Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014; and the amendments to Civil Aviation Order 20.22 commencing on 1 September 2014.

 

Item [204] Regulation 202.307 (definition of old authorisation)

Item [204] repealed the definition of 'old authorisation' in regulation 202.307 and substituted:

 

'(a) an approval issued under regulation 229 of CAR entitling a person to taxi an aeroplane; or

(b) an approval issued under Civil Aviation Orders 20.22 entitling a person to taxi an aircraft.'

 

Item [205] Subregulation 202.308(1)

Item [205] omitted 'substitution of regulation 229 of CAR, as in force immediately before 1 September 2014', and substituted 'amendments' in subregulation 202.308(1).

 

Item [206] Subregulation 202.309(2)

Item [206] omitted all the words before paragraph (a) and substituted '(2) Despite the amendments'.

 

Item [207] Subregulation 202.311(1)

Item [207] repealed the former subregulation and substituted a new subregulation 202.311(1) that provides that regulation 202.311 applies to the holder of an old authorisation that is continued in force under Subpart 202.CE.

 

Item [208] Subregulation 202.311(2)

Item [208] omitted 'CAR 229 approval' and substituted 'old authorisation' in subregulation 202.311(2).

 

 

Item [209] Division 202.GA.1 (heading)

Item [209] repealed the heading and substituted 'Division 202.GA.1--Amendments made by regulations commencing on 1 September 2014'.  The amendment also inserted a note listing the regulations as 'the Civil Aviation Legislation Amendment Regulation 2013 (No 1); the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013; and Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014'.

 

Item [210] Paragraph 202.724(2)(a)

Item [210] repealed the former paragraph and substituted a new paragraph 202.724(2)(a) which provides that Part 141 applies to the operator as if references in Part 141 to the operator's operations manual were references to the operations manual the operator held immediately before 1 September 2014.

 

Item [211] Regulation 202.725

Item [211] repealed former regulation 202.725.

 

Item [212] Regulation 202.726 (heading)

Item [212] repealed the heading and substituted '202.726 Application of Part 141 to certain Part 141 operators without Part 60 quality systems'.

 

Item [213] Subregulation 202.726(2)

Item [213] repealed the former subregulation and substituted a new subregulation 202.726(2) which provides that an operator does not contravene a provision of Part 141 only because the operator does not have a quality system.

 

Item [214] Regulation 202.727 (table 202.727)

Item [214] repealed the table and substituted a new table 202.727 that sets out the Part 141 provisions that do not apply to a Part 141 operator that holds a Part 141 certificate that was issued on the basis of subregulation 202.721 (3), 202.722 (3) or 202.723 (4).

 

Item [215] After regulation 202.727

Item [215] inserted new regulation 202.727A.

 

202.727A Application of subregulation 141.085(3) (about applications for approval of significant changes)

 

Subregulation 202.727A(1) provides that this regulation applies if a Part 141 operator holds a Part 141 certificate that was issued on the basis of subregulation 202.721(3), 202.722(3) or 202.723(4).

 

Subregulation 202.727A(2) provides that the operator is taken to have applied to CASA for the approval of a significant change in accordance with subregulation 141.085(4) if the operator makes the application to CASA by setting out the change in writing. Under this regulation, the requirement in paragraph 141.085(4)(c) does not apply to the operator.

 

Item [216] Division 202.GB.1 (heading)

Item [216] repealed the heading and substituted 'Division 202.GB.1--Amendments made by regulations commencing on 1 September 2014'.  The amendment also inserted a note listing the regulations as: 'Civil Aviation Legislation Amendment Regulation 2013 (No 1); Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013; and Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014'.

 

 

Item [217] Part 1 of the Dictionary (definition of approved cyclic training and proficiency program)

Item [217] repealed the definition of 'approved cyclic training and proficiency program'.

 

Item [218] Part 1 of the Dictionary (definition of flight training area)

Item [218] repealed the definition of flight training area and substituted: 'flight training area, for an aerodrome, means the area that is mentioned in a Part 141 operator's operations manual, or a Part 142 operator's exposition, as a flight training area for the aerodrome'.

 

Item [219] Amendments of listed provisions--references to exposition

Item [219] sets out a table of amendments to Part 141 and Part 202 provisions in which former references to 'exposition' were replaced by 'operations manual'.