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from compliance with a provision of CASR.
(2) CASA may grant an exemption under this Division to a person, or to
a class of person, and may specify the class by reference to
membership of a specified body or any other characteristic.
(3) CASA may grant an exemption under this Division either on
application or on its own initiative.
11.165 Applications for exemptions
(1) A person may apply to CASA, in accordance with this regulation, for
an exemption under this Division.
(2) The application must be in writing.
(3) The application must set out:
(a) the applicant’s name and address; and
(b) details of any relevant authorisation; and
(c) references to the relevant provisions of CASR; and
(d) details of any aircraft or aeronautical product, or type of aircraft
or aeronautical product, or material or kind of material, or service
or kind of service, to be affected by the exemption; and
(e) if the exemption will affect a particular kind of operation, the
kind of operation; and
(f) the reasons why the exemption is necessary; and
(g) details of how the applicant proposes to ensure that an acceptable
level of safety will be provided when operating in accordance
with the exemption; and
(h) the date on which the applicant requires the exemption to
commence; and
(i) how long the applicant requires the exemption to remain in
effect.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
New Page – Amdt No. 11 – December 2004 Civil Aviation Safety Authority
Part 11 — 19
(4) Unless CASA agrees otherwise, the applicant must give the
application to CASA at least 3 months before the day on which the
applicant requires the exemption to commence.
11.170 Consideration of applications
(1) Regulations 11.035 to 11.050 apply in relation to an application under
this Division.
(2) For that application, a reference to an authorisation is taken to be a
reference to an exemption.
(3) In making its decision, CASA must regard the preservation of a level
of aviation safety that is at least acceptable as paramount.
11.175 Renewal of exemptions under this Division
(1) CASA must not grant an exemption under this Division to a person in
the same or similar terms as an exemption previously granted under
this Division to the person unless the person:
(a) applies, in accordance with regulation 11.165, for the new
exemption; and
(b) includes with the application a statement of the additional
reasons why the exemption is necessary, or the reasons why the
continuation of the exemption is necessary.
(2) Regulations 11.035 to 11.050 apply in relation to the consideration of
an application mentioned in subregulation (1).
(3) For that application, a reference to an authorisation is taken to be a
reference to an exemption.
(4) In making its decision, CASA must:
(a) take into account the reasons given by the applicant for the new
exemption, or the continuation of the exemption, and the fact that
the applicant has previously been granted a similar exemption;
and
(b) regard the preservation of a level of aviation safety that is at least
acceptable as paramount.
Division 11.F.2 Grant of exemptions in exceptional circumstances
11.180 Applicability of this Division
This Division applies in relation to the granting of exemptions in
certain exceptional circumstances.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
New Page – Amdt No. 11 – December 2004 Civil Aviation Safety Authority
Part 11 — 20
11.185 Exemptions in exceptional circumstances
(1) In exceptional circumstances, CASA may, on its own initiative or on
application, by instrument grant an exemption from any provision of
CASR.
(2) In subregulation (1):
exceptional circumstances means the circumstances of a major
natural disaster, or some other large-scale emergency, that requires
the use of air transport, or some other aviation activity, in a way that
is not reasonably possible in compliance with CASR.
Example
Following the destruction of Darwin by Cyclone Tracy, airliners were permitted to
operate when severely overloaded to allow evacuation of the city as rapidly as
possible.
(3) To avoid doubt, it is not necessary for subregulation (1) that a state of
emergency or natural disaster need have been declared.
11.190 Application
An application for an exemption under this Division may be made in
any way that is reasonable in the circumstances.
11.195 Consideration by CASA
　
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