Without CASA EX82/21 it would be an air transport operation. Refer to the CASR Dictionary. Relevant definitions are:
3 Definition of air transport operation
(1) An air transport operation is a passenger transport operation, a cargo operation or a medical transport operation, that:
(a) is conducted for hire or reward; or
(b) is prescribed by an instrument issued under regulation 201.025.
(2) Despite subclause (1), an air transport operation does not include an aerial work operation or a balloon transport operation.
75 Definition of passenger transport operation
(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
(b) a cost-sharing flight; or
(c) a medical transport operation; or
(d) if the registered operator of an aircraft is an individual--an operation of the aircraft:
(i) that involves the carriage of that individual; and
(ii) does not also involve the carriage of other passengers; or
(e) if the registered operator of an aircraft is an individual--an operation of the aircraft:
(i) that involves the carriage of that individual; and
(ii) involves the carriage of other passengers; and
(iii) for which no payment or reward is made or given in relation to the carriage of the other passengers or cargo.
"passenger" , in relation to an aircraft, means a person:
(a) who:
(i) intends to travel on a particular flight on the aircraft; or
(ii) is on board the aircraft for a flight; or
(iii) has disembarked from the aircraft following a flight; and
(b) who is not a crew member of the aircraft for the flight.
Hire or reward is not defined in the Civil Aviation Act, the CASRs or the Acts Interpretation Act. CASA's interpretation is published in Part 119 Australian air transport operators—certification and management AMC-GM (File ref D21/556682).
Hire or reward
The key criteria for an air transport operation is that it be conducted for hire or reward. In most cases, the concept of hire will be clear, so that if the operator is receiving payment to conduct the flight, that element is met. It can be difficult however to identify if an operation is conducted for reward, though that is a broad concept. The receipt of a reward could involve, but is not limited to, any of the following:
- where the operator receives anything of value
- goodwill in the form of current or future economic benefit.
A reward need not require a profit or profit motive or the actual payment of monies.
The AMC-GM includes a list that
contains general examples of operational scenarios that might be considered to be conducted for 'reward'. This list does not cover all circumstances, or all variations of a listed circumstance
including:
if the operation is for the purpose of transporting employees of the operator in the context of a business enterprise
Example: A mining company ‘fly-in, fly-out’ operation that is not contracted to an airline but instead operated directly by the company.
Ultimately though, the AMC-GM is only an opinion - it is not law.