Let me see if I have this correct?
From Lead Balloon up the top..................
(1) A passenger transport operation is an operation of an aircraft that involves the carriage of passengers, whether or not cargo is also carried on the aircraft.
(2) Despite subclause (1), an operation is not a passenger transport operation if the operation is:
(a) an operation of an aircraft with a special certificate of airworthiness; or
OK - I own an Experimental Aircraft which by definition has a Special Certificate of Airworthiness so according to the above...... nothing I do in it can ever be a "Passenger Transport Operation".
I load the aircraft up with paying passengers and go flying, perhaps on an advertised scheduled basis.
Lead Balloon also tells us:
Definition of air transport operation
(1) An air transport operation is a passenger transport operation, a cargo transport operation or a medical transport operation, that:
(a) is conducted for hire or reward; or
Conclusion: We have a passenger transport operation in the normal terms of the words as a flight carrying passengers but it is not a passenger transport operation because the regs say it can not be so in an experimental aircraft.
AND it can not be an air transport operation because it is not a passenger transport operation as defined above.
Thus I can legally do RPT ops in a homebuilt experimental. Wow, congratulations to CASA on changing the rules this way. Awesome. Look out Mr Joyce, you have another competitor!
But I am mightly glad I don't have to re-sit my aviation legislation exams under todays nonsense, sorry, superb rules!
Perhaps my learned friend Mr McKenzie can write another letter to CASA asking if I have this correct? Yeah, Na, they are on shut down over the no work season aren't they?