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CASA EX68/13 - Exemption — Virgin Australia International Airlines from subregulation 217(2) of CAR 1988 and paragraph 3.3 of CAO 82.5 (flight crew training)

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Instrument number CASA EX68/13
I, GERARD JOHN CAMPBELL, Acting Executive Manager, Operations Division, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).
[Signed G.J. Campbell]
Gerard J. Campbell
Acting Executive Manager
Operations Division
26 June 2013
Exemption — Virgin Australia International Airlines from subregulation 217 (2) of CAR 1988 and paragraph 3.3 of CAO 82.5 (flight crew training)
1          Duration
                 This instrument:
(a)   commences on 1 July 2013; and
(b)   stops have effect at the end of 30 June 2014, as if it had been repealed by another instrument.
2          Subregulation 217 (2) exemption
                 Virgin Australia International Airlines Pty Ltd, Aviation Reference Number 768593 (VAIA), is exempt from compliance with subregulation 217 (2) of the Civil Aviation Regulations 1988 to the extent mentioned in Schedule 1.
3          CAO 82.5, paragraph 3.3 exemption
                 VAIA is exempt from compliance with paragraph 3.3 of Civil Aviation Order 82.5 (paragraph 3.3) to the extent mentioned in Schedule 2.
Schedule 1          Exemption from subregulation 217 (2)
               This exemption applies so that a check carried out by the Virgin Australia Airlines Pty Ltd (VAA), Aviation Reference Number 567591, training and checking organisation during the duration of the exemption is taken to be a check carried out by the VAIA training and checking organisation if the check:
(a)   was carried out on a VAA flight crew member, who was subsequently employed by VAIA, and is currently a member of a VAIA flight crew (a VAA/VAIA flight crew member); and
(b)   was carried out to test the competency of the flight crew member in operations carried out in Boeing 737 aircraft.
Schedule 2          Exemption from paragraph 3.3 of CAO 82.5
        1     This exemption applies in respect of a VAA/VAIA flight crew member.
        2     During the duration of the instrument, and to the extent mentioned in clause 3, a VAA/VAIA flight crew member is taken to have satisfactorily completed all necessary training programs and proficiency checks that he or she is required to undertake under paragraph 3.3 to act as a flight crew member on a scheduled revenue service operated by VAIA if:
(a)   he or she has satisfactorily completed, or satisfactorily completes, all necessary training programs and proficiency checks conducted by the VAA training and checking organisation that he or she would be required to undertake under paragraph 3.3 to act as a flight crew member on a scheduled revenue service operated by VAA; and
(b)   as a result, a check pilot in the VAA training and checking organisation certifies that he or she would be competent to act as a flight crew member employed by VAA.
        3     This exemption only applies to VAA/VAIA flight crew members when they are engaged in operations carried out in Boeing 737 aircraft operated by VAIA.
        4     After the expiry of this exemption, a VAA/VAIA flight crew member is required to undergo any training program or proficiency check as it becomes due for that person as a flight crew member for VAIA.
        5     VAIA must comply with paragraph 3.3 of CAO 82.5 in relation to a flight crew member referred to in clause 4.