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[Note A person may apply for an exemption in relation to a particular flight test, a
particular kind of flight test or all flight tests conducted by the person.]
(2) The application must set out:
(a) the requirements in relation to which the exemption is sought;
and
(b) the flight test in relation to which the exemption is sought; and
(c) the reason for seeking the exemption; and
(d) if the exemption is sought in relation to a particular flight test:
(i) the name of the person who is to attempt the test; and
(ii) the name of the test that is to be attempted.
5.44 Flight tests: granting of exemptions from requirement to notify
CASA
(1) CASA may, in writing, grant an exemption of the kind sought by an
applicant under subregulation 5.43 (1).
(2) An exemption must specify:
(a) the person to whom the exemption is granted; and
(b) the flight test in relation to which the exemption is granted; and
(c) the requirements of regulation 5.42 in relation to which the
exemption is granted; and
(d) the conditions (if any) subject to which the exemption is granted.
164 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(3) CASA must not grant an exemption unless granting the exemption
will not adversely affect CASA’s ability to ensure that an applicant
conducts flight tests in accordance with the requirements of these
Regulations.
(4) An exemption may be granted subject to any condition that is
necessary in the interests of the safety of air navigation.
(5) A person granted an exemption must not contravene a condition
subject to which the exemption is granted.
Penalty: 15 penalty units.
(5A) An offence against subregulation (5) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(6) CASA must give an applicant for an exemption notice, in writing, of
CASA’s decision in relation to the application.
5.45 Flight tests: date of effect of exemption for particular flight test
If CASA grants an exemption under regulation 5.44 in relation to a
particular flight test, the exemption has immediate effect.
5.46 Flight tests: date of effect of general exemption
(1) If CASA grants a general exemption, the exemption has immediate
effect.
(2) A general exemption stops being in force if:
(a) it is expressed to have effect for a limited period and that period
ends; or
(b) it is revoked by CASA under regulation 5.48; or
(c) the person to whom it was issued gives CASA written notice that
the person no longer wants it to apply to him or her.
(3) In this regulation:
general exemption means an exemption from any or all of the
requirements of regulation 5.42 granted to a person under regulation
5.44 in relation to a particular kind of flight test, or in relation to all
flight tests, conducted by the person.
5.47 Flight tests: changes affecting general exemptions
(1) A person to whom a general exemption has been granted must notify
CASA if:
(a) the person’s reason for seeking the exemption no longer exists; or
(b) the person cannot comply with any condition subject to which the
exemption was granted.
Penalty: 10 penalty units.
(1A) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
Civil Aviation Regulations 1988 165
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(2) In this regulation:
general exemption has the same meaning as in regulation 5.46.
5.48 Flight tests: revocation of general exemption
(1) CASA may revoke a general exemption granted to a person by giving
the person written notice of the revocation.
(2) CASA must not revoke a general exemption granted to a person
unless:
(a) the person has contravened a condition to which the exemption is
subject; or
(b) continuation of the exemption will adversely affect CASA’s
ability to ensure that the person conducts flight tests in
accordance with the requirements of these Regulations.
(3) In this regulation:
general exemption has the same meaning as in regulation 5.46.
5.49 Flight tests: effect of grant of exemption
(1) If CASA has granted a person an exemption under regulation 5.44 in
relation to a particular flight test then, subject to any conditions
imposed under subregulation 5.44 (4), the person is, in relation to that
test, exempt from compliance with the requirements of regulation 5.42
that are set out in the exemption.
(2) If:
(a) CASA has granted a general exemption to a person; and
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