Instrument number CASA EX108/13
I, MALCOLM DOUGLAS McGREGOR, Acting Executive Manager, Airspace and Aerodrome Regulation Division, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998) and subsection 33 (3) of the Acts Interpretation Act 1901.
[Signed M. McGregor]
Malcolm D. McGregor
Acting Executive Manager
Airspace and Aerodrome Regulation Division
26 September 2013
Exemption — from holding an air traffic control licence
1 Duration
This instrument:
(a) commences on the day of registration; and
(b) expires at the end of 30 September 2015, as if it had been repealed by another instrument.
2 Revocation
Instrument CASA EX108/11 is revoked.
3 Application
(1) This instrument applies to each Airservices Australia (AA) employee (an exempt controller) who:
(a) is employed to carry out an air traffic control (ATC) function in Australian territory on behalf of AA; and
(b) has satisfied the requirements for the initial grant of an ATC licence or rating (the initial grant); and
(c) is awaiting the initial grant by CASA.
(2) The exemption does not apply to an exempt controller:
(a) whose ATC licence:
(i) is cancelled or suspended; or
(ii) has a relevant rating or endorsement that is no longer valid; or
(b) who does not satisfy the recency requirements for a relevant endorsement; or
(c) who does not satisfy the currency requirements for a relevant rating or endorsement; or
(d) who does not hold a current Class 3 medical certificate.
(3) The exemption does not apply to an exempt controller who carries out a function at a place more than 21 days after the day the AA qualified workplace assessor signed and endorsed the exempt controller’s application mentioned in clause 4 of Schedule 1.
4 Exemption
An exempt controller is exempt from compliance with:
(a) paragraphs 65.035 (1) (a) and (b) of CASR 1998; and
(b) subregulation 65.045 (1) of CASR 1998.
5 Conditions
The exemption is subject to the conditions mentioned in Schedule 1.
Note If a condition is not complied with, the exemption, including the exemption from the offence provision in subregulation 65.045 (1) of CASR 1998, is no longer available.
Schedule 1 Conditions
1 In this Schedule:
authorised AA manager means an AA employee who is a delegate of CASA for:
(a) the reissue of a rating on an ATC licence; or
(b) the issue or reissue of an endorsement on an ATC licence.
2 At the time of carrying out an ATC function (a function), an exempt controller must be a person who is eligible to be granted or to hold:
(a) an ATC licence in accordance with regulation 65.070 of CASR 1998; and
(b) a relevant rating in accordance with regulation 65.080 of CASR 1998; and
(c) a relevant endorsement in accordance with regulation 65.085 of CASR 1998.
3 Before an exempt controller may carry out a function at a place, AA must have prepared and filed in its records a statement, signed by an authorised AA manager, that the exempt controller:
(a) meets the eligibility requirements for an ATC licence mentioned in regulation 65.070 of CASR 1998; and
(b) has successfully completed the training required by the Manual of Standards for the current grant of:
(i) the relevant rating for the function; and
(ii) the relevant endorsement for the place.
4 Before an exempt controller may carry out a function at a place:
(a) the AA qualified workplace assessor must sign and endorse the exempt controller’s application for whichever of the following is relevant for the lawful performance of that function at that place:
(i) the initial grant of an ATC licence in accordance with regulation 65.070 of CASR 1998;
(ii) the initial grant of a rating in accordance with regulation 65.080 of CASR 1998;
(iii) the initial grant of an endorsement in accordance with regulation 65.085 of CASR 1998; and
(b) the exempt controller must forward that application form to CASA.
5 An exempt controller must not supervise a trainee to whom subregulation 65.035 (3) of CASR 1998 applies.
6 An exempt controller must stop exercising a function if:
(a) he or she ceases to be eligible to be granted or to hold:
(i) an ATC licence in accordance with regulation 65.070 of CASR 1998; or
(ii) a relevant rating in accordance with regulation 65.080 of CASR 1998; or
(iii) a relevant endorsement in accordance with regulation 65.085 of CASR 1998; or
(b) he or she ceases to hold a valid Class 3 medical certificate; or
(c) CASA, orally or in writing, requires him or her to stop and does not withdraw that requirement.
