Civil Aviation Safety Regulations 1998

Contents

Part 139—Aerodromes

Subpart 139.A—General

139.005 Applicability of this Part

139.010 Definitions for this Part

139.015 Standards for aerodromes

139.025 Access to aerodromes

139.030 Restrictions on use of terminal instrument flight procedures

139.035 No effect on operation of Airports (Building Control) Regulations 1996 etc

Subpart 139.B—Certified aerodromes

Division 139.B.1—Aerodrome certificate

139.040 When an aerodrome certificate is required

139.045 Application for aerodrome certificate

139.050 Grant of aerodrome certificate

139.070 Suspension or cancellation by CASA

139.085 Temporary aerodrome certificate

Division 139.B.2—Aerodrome manual

139.090 Preparation and location of aerodrome manual

139.095 Information to be included in aerodrome manual

139.100 Form of aerodrome manual

139.105 Amendments of aerodrome manual

139.110 Notice of amendments

139.115 Aerodrome manual controller

Division 139.B.3—Operation and maintenance of a certified aerodrome

139.120 Care and diligence in operation and maintenance

139.125 Reporting officer

139.130 Works safety officer for aerodrome works other than time‑limited works

139.135 Works safety officer for time‑limited works

139.140 Training of aerodrome personnel

139.145 Aerodrome manual procedures

139.150 Notice of deviation

139.155 Notice of changes in physical condition etc of aerodrome

139.160 Notice of changes in information published in AIP‑ERSA

139.165 Physical characteristics of movement area

139.170 Aerodrome markings

139.175 Signal area

139.180 Wind direction indicators—general

139.185 Wind direction indicators—requirement for certain runways

139.190 Visual approach slope indicator system

139.195 Lighting of movement area

139.200 Checking of lighting systems

139.205 Aerodrome emergency committee

139.210 Aerodrome emergency plan

139.215 Testing of aerodrome emergency plan

139.220 Aerodrome serviceability inspections

139.225 When aerodrome serviceability inspections must be conducted

139.230 Aerodrome technical inspections

139.235 When aerodrome technical inspections must be conducted etc

139.240 Who may conduct aerodrome technical inspections

139.245 Planning and execution of aerodrome works

139.250 Safety management system

Division 139.B.4—Aerodromes to which A‑SMGCS applies

139.251 Definition for Division 139.B.4

139.252 Designation of aerodromes to which A‑SMGCS applies

139.254 Vehicles at aerodromes to which A‑SMGCS applies

Subpart 139.C—Registered aerodromes

139.255 Definition for this Subpart

139.260 Application for registration of aerodrome

139.265 Registration of aerodromes

139.270 Notice of refusal to register aerodrome

139.275 Register

139.280 Duration of registration

139.285 Cancellation of registration on request

139.290 Suspension or cancellation of registration by CASA

139.295 Applicable standards for registered aerodromes

139.300 Reporting officer

139.305 Notice of changes in physical condition etc of aerodrome

139.310 Notice of changes in information published in AIP‑ERSA

139.315 Safety inspections

139.320 Approval of persons to conduct aerodrome safety inspections

139.325 Duration of approval

139.330 Suspension or cancellation of approval by CASA

Subpart 139.D—Reporting officer and safety inspection requirements for certain other aerodromes

139.335 Aerodromes to which this Subpart applies

139.340 Reporting officer

139.345 Safety inspections

Subpart 139.E—Obstacles and hazards

139.350 Monitoring of airspace

139.355 Establishment of obstacle limitation surfaces

139.360 Notice of obstacles

139.365 Structures 110 metres or more AGL

139.370 Hazardous objects etc

Subpart 139.F—Aerodrome radio communication services

Division 139.F.1—General

139.375 Aerodrome operators to collect statistics if directed

Division 139.F.2—Frequency confirmation system

139.380 Definitions for Division 139.F.2

139.385 Aerodromes that must have a frequency confirmation system

Division 139.F.3—Air/ground radio service

139.390 Definitions for Division 139.F.3

139.395 Air/ground radio service must be certified

139.400 Direction by CASA to provide CA/GRS

139.405 Voluntary provision of CA/GRS

139.410 Certification of air/ground radio service

139.415 General obligations of aerodrome operator

139.420 When CA/GRS must be operating

139.425 Information about operating hours to be given to NOTAM Office

139.430 Certified air/ground radio operators

139.435 Offences

Subpart 139.H—Aerodrome rescue and firefighting services

Division 139.H.1—General

139.700 Applicability of this Subpart

139.705 Definitions for this Subpart

139.710 Functions of ARFFS

139.711 Person not to provide service without approval

139.712 Issue of Manual of Standards

139.715 Effect of Manual of Standards

Division 139.H.3—Requirements to be complied with by ARFFS provider

139.750 Requirements in this Division

139.755 Definition for Division—applicable standards and requirements

139.760 Inconsistency between Manual and chapter 9 of Annex 14

139.765 Knowledge, equipment and expertise to deal with aviation hazards

139.770 General obligation to maintain service

139.771 Response time of ARFFS

139.772 Buildings and emergency facilities

139.773 Officer in charge

139.775 Notice about times service is available etc

139.780 Agreements with other fire fighting bodies

139.785 Stock of fire extinguishing agents

139.795 Extinguishing equipment and vehicles

139.800 Other vehicles and equipment

139.805 Vehicles and equipment for firefighting and rescue in difficult environments

139.810 Commissioning of certain equipment

139.815 Protective clothing and equipment

139.820 Communications

139.825 Test and maintenance equipment

139.830 Commissioning of new vehicles and equipment

139.835 Number of operating personnel

139.840 Medical standard of firefighters

139.845 Qualifications and training of firefighters

139.850 Operations manual

139.855 Amendment of operations manual

139.860 Voice data recording

139.865 Record of accidents or incidents

139.870 Contingency plan

139.875 Records management

139.880 Organisation

139.885 System for rectification of service failures

139.890 Quality control

139.895 Change management

139.900 Safety management

139.905 Applicant’s organisation

139.910 Telling users and CASA about changes

Division 139.H.4—Conduct of ARFFS operations

139.915 Powers of officer in charge or firefighter

Division 139.H.5—Administration

139.920 Definition for Division

139.925 How to apply for approval as ARFFS provider

139.965 When CASA must grant approval

139.970 When decision must be made

139.995 Application for variation of approval

139.1005 Suspension or continued suspension of approval by show cause notice

139.1010 Grounds for cancellation of approval

139.1015 Notice to approved ARFFS provider to show cause

139.1020 Cancellation of approval after show cause notice

139.1022 Cancellation if holder ceases to provide ARFFS

Part 141—Recreational, private and commercial pilot flight training, other than certain integrated training courses

Subpart 141.A—General

141.005 What Part 141 is about

141.010 Aircraft and flight simulation training devices to which Part 141 applies

141.015 Definitions of Part 141 flight training, authorised Part 141 flight training, Part 141 operator and Part 141 certificate

141.020 Definition of key personnel for Part 141

141.025 Definition of significant change for Part 141

141.030 Definitions for Part 141

141.035 Approvals by CASA for Part 141

141.040 Legislative instruments—flight training

141.045 Regulations 11.070 to 11.075 do not apply in relation to certain matters

141.050 Part 141 flight training—requirement for Part 141 certificate or approval

Subpart 141.B—Part 141 certificates

141.055 Part 141 certificates—application

141.060 Part 141 certificate—issue

141.065 Part 141 certificate—approval of operations manual

141.070 Part 141 certificate—conditions

141.075 Part 141 certificate—compliance with conditions

Subpart 141.C—Part 141 operators—changes

141.080 Part 141 operators—changes of name etc

141.085 Part 141 operators—application for approval of significant changes

141.090 Part 141 operators—approval of significant changes

141.095 Part 141 operators—process for making changes

141.100 Part 141 operators—CASA directions relating to operations manual or key personnel

Subpart 141.D—Part 141 operators—organisation and personnel

141.105 Part 141 operators—organisation and personnel

141.110 Part 141 operators—key personnel cannot carry out responsibilities

141.115 Part 141 operators—familiarisation training for key personnel

141.120 Part 141 operators—chief executive officer: responsibilities and accountabilities

141.125 Part 141 operators—head of operations: qualifications and experience

141.130 Part 141 operators—head of operations: responsibilities

141.155 Part 141 operators—key personnel: additional qualification and experience requirements

141.160 Part 141 operators—reference library

Subpart 141.E—Part 141 operators—instructors

141.165 Part 141 operators—instructors must comply with Part 141 certificate

141.170 Part 141 operators—instructors must comply with operations manual

141.175 Part 141 operators—instructors must be authorised under Part 61

141.180 Part 141 operators—instructors must have access to records

141.185 Part 141 operators—instructors must hold valid standardisation and proficiency check for operator

141.190 Part 141 operators—holding valid standardisation and proficiency check for operator

141.195 Part 141 operators—standardisation and proficiency check requirements

141.200 Part 141 operators—instructors—training in human factors principles and non‑technical skills

141.205 Part 141 operators—instructors must be competent to conduct flight training in flight simulation training device

141.210 Part 141 operators—person recommended for flight test

Subpart 141.G—Part 141 operators—quality system

141.225 Part 141 operators—quality system for flight simulation training devices

Subpart 141.H—Part 141 operators—personnel fatigue management

Subpart 141.I—Part 141 operators—operations manuals

141.260 Part 141 operators—content of operations manual

141.265 Part 141 operators—compliance with operations manual by operator

141.270 Part 141 operators—providing personnel with operations manual

Subpart 141.J—Part 141 operators—logs and records

141.275 Part 141 operators—making and keeping flight training records

141.280 Part 141 operators—availability of flight training records

Subpart 141.K—Part 141 operators—miscellaneous offences

141.285 Part 141 operators—suitable facilities, records and resources for flight test

141.290 Part 141 operators—pilot in command to be authorised under Part 61

141.295 Part 141 operators—carriage of passengers prohibited during abnormal operations or low‑flying flight training

141.300 Part 141 operators—authorisation of carriage of passengers

141.305 Part 141 operators—completion of training and assessment of competency for certain solo flights

141.306 Part 141 operators—appropriate briefing and capability to conduct certain solo flights etc.

141.310 Part 141 operators—dealings in relation to suspended, cancelled, varied, pending or refused civil aviation authorisations: when approval required

141.315 Part 141 operators—maximum period for use of foreign registered aircraft in Australian territory

Part 142—Integrated and multi‑crew pilot flight training, contracted recurrent training and contracted checking

Subpart 142.A—General

142.005 What Part 142 is about

142.010 Part 142 applies only to aeroplanes, rotorcraft, airships and flight simulation training devices

142.015 Definitions of Part 142 activity, Part 142 flight training, Part 142 authorisation, Part 142 operator and authorised Part 142 activity for Part 142

142.020 Definitions of contracted checking, contracted recurrent training and contracting operator for Part 142

142.025 Definition of key personnel for Part 142

142.030 Definition of significant change for Part 142

142.035 Definitions for Part 142

142.040 Approvals by CASA for Part 142

142.045 Legislative instruments—Part 142 operators

142.050 Part 142 activities—requirement for Part 142 authorisation

142.055 Part 142 activities—compliance with Part 142 authorisations: offence for operators

142.060 Part 142 activities—compliance with conditions of Part 142 authorisations: offence for operators

Subpart 142.B—Part 142 authorisations

Division 142.B.1—AOCs for Part 142 activities that involve operation of aircraft

142.065 Prescribed purpose—Part 142 activities involving the operation of aircraft

142.070 Prescribed position—safety manager

142.075 Required material—reference library

142.080 AOC—application

142.085 AOC—conditions for issue

142.095 AOC—approval of exposition

142.100 AOC—conditions

Division 142.B.2—Certificates for Part 142 activities conducted in flight simulation training devices

142.105 Certificate—application

142.110 Certificate—issue

142.115 Certificate—approval of exposition

142.120 Certificate—conditions

142.125 Certificate holders—reference library

142.130 Certificate holders—regulations 11.070 to 11.075 do not apply in relation to certain matters

Subpart 142.C—Part 142 operators—changes

142.135 Part 142 operators—changes of name etc

142.140 Part 142 operators—application for approval of significant change

142.145 Part 142 operators—approval of significant changes

142.150 Part 142 operators—process for making changes

142.155 Part 142 operators—CASA directions relating to exposition or key personnel

Subpart 142.D—Part 142 operators—organisation and personnel

142.160 Part 142 operators—organisation and personnel

142.165 Part 142 operators—key personnel cannot carry out responsibilities

142.170 Part 142 operators—familiarisation training for key personnel

142.175 Part 142 operators—chief executive officer: experience

142.180 Part 142 operators—chief executive officer: responsibilities and accountabilities

142.185 Part 142 operators—head of operations: qualifications and experience

142.190 Part 142 operators—head of operations: responsibilities

142.195 Part 142 operators—safety manager: experience

142.200 Part 142 operators—safety manager: responsibilities

142.205 Part 142 operators—quality assurance manager: experience

142.210 Part 142 operators—quality assurance manager: responsibilities

142.215 Part 142 operators—key personnel: additional qualifications and experience requirements

Subpart 142.E—Part 142 operators—instructors and examiners

142.220 Part 142 activities—instructors and examiners must comply with Part 142 authorisation

142.225 Part 142 activities—instructors and examiners must comply with exposition

142.230 Part 142 operators—instructors and examiners must be authorised under Part 61

142.235 Part 142 operators—instructors and examiners must have access to records

142.240 Part 142 operators—instructors and examiners must be competent to conduct authorised Part 142 activities in flight simulation training devices

142.245 Part 142 operators—person recommended for flight test

Subpart 142.F—Part 142 operators—training management system

142.250 Part 142 operators—training management system

142.255 Part 142 operators—training management system requirements

Subpart 142.G—Part 142 operators—safety management system

142.260 Part 142 operators—safety management system

142.265 Part 142 operators—safety management system requirements

Subpart 142.H—Part 142 operators—quality assurance management system

142.270 Part 142 operators—quality assurance management system

142.275 Part 142 operators—quality assurance management system requirements

Subpart 142.I—Part 142 operators—personnel fatigue management

Subpart 142.J—Part 142 operators—internal training and checking

142.310 Part 142 operators—internal training and checking system

142.315 Part 142 operators—internal training and checking system requirements

142.320 Part 142 operators—proficiency of instructors

142.325 Part 142 operators—holding valid standardisation and proficiency check for operator

142.330 Part 142 operators—standardisation and proficiency check requirements

142.335 Part 142 operators—instructors and examiners—training in human factors principles and non‑technical skills

Subpart 142.K—Part 142 operators—expositions

142.340 Part 142 operators—content of exposition

142.345 Part 142 operators—compliance with exposition by operator

142.350 Part 142 operators—providing personnel with exposition

Subpart 142.L—Part 142 operators—logs and records

142.355 Part 142 operators—making and keeping records

142.360 Part 142 operators—availability of records

Subpart 142.M—Part 142 operators—miscellaneous offences

142.365 Part 142 operators—pilot in command for training to be authorised under Part 61

142.370 Part 142 operators—carriage of passengers prohibited during abnormal operations or low‑flying activity

142.375 Part 142 operators—authorisation of carriage of passengers

142.380 Part 142 operators—integrated training courses: transfer of student from another Part 142 operator

142.385 Part 142 operators—completion of training and assessment of competency for certain solo flights

142.386 Part 142 operators—appropriate briefing and capability to conduct certain solo flights etc.

142.390 Part 142 operators—dealings in relation to cancelled, suspended, varied, pending or refused civil aviation authorisations: when approval required

142.395 Part 142 operators—maximum period for use of foreign registered aircraft in Australian territory

Part 143—Air Traffic Services Training Providers

Subpart 143.A—General

143.005 Applicability of this Part

143.010 Definitions for this Part

143.015 What is an ATS training provider

143.016 Person not to provide service without approval

143.017 Issue of Manual of Standards

Subpart 143.B—Approval as an ATS training provider

143.020 What an application must be accompanied by

143.025 When applicant is eligible for approval

143.027 CASA may impose conditions on approvals

143.050 Variation of approvals

Subpart 143.C—Requirements to be complied with by ATS training providers

Division 143.C.1—Requirements for training

143.055 Standard for training

143.060 Training plan

Division 143.C.2—Personnel

143.065 Personnel

143.070 Qualifications for certain personnel

Division 143.C.3—Reference materials, documents and records

143.075 Reference materials

143.080 Material to be included in reference materials

143.085 Documents and records

143.090 Document and record control system

Subpart 143.D—Telling CASA about changes

143.095 Advice on organisational changes

143.100 Discontinuing training

143.105 Status as registered training organisation

Subpart 143.E—Miscellaneous

143.110 Unapproved training

Subpart 143.F—Administration

Division 143.F.1—Preliminary

143.115 Applicability of this Subpart

Division 143.F.2—Approvals

143.118 Applying for approval

143.120 Joint applications not permitted

143.130 Applications by corporations etc—what must be included

143.145 CASA may require demonstrations of procedures or equipment

143.175 Grant of approval

143.180 When decision must be made

Division 143.F.4—Suspension and cancellation of approvals

143.215 Definition for this Division

143.220 Suspension of approval by show cause notice

143.225 Grounds for cancellation of approval

143.230 Notice to show cause

143.235 Cancellation of approval after show cause notice

143.245 Cancellation if cooperation or arrangement ceases

Part 144—Distribution organisations

Part 145—Continuing airworthiness—Part 145 approved maintenance organisations

Subpart 145.A—General

145.005 Purpose of Part

145.010 Definitions for Part

145.015 Part 145 Manual of Standards

145.020 Regulations 11.070 to 11.075 do not apply in relation to certain matters

Subpart 145.B—Approval of Part 145 organisations

145.025 Applying for approval

145.030 Issuing approval

145.035 Approval certificate

145.040 Privileges for Part 145 organisations

145.045 Approval subject to conditions

Subpart 145.C—Changes to Part 145 organisations

145.050 Application for approval of significant changes to organisations

145.055 Approval of significant changes

145.060 Changes to Part 145 organisations that are not significant changes

145.065 CASA may direct Part 145 organisations to change exposition

Subpart 145.D—Requirements and offences for Part 145 organisations

145.070 Provision of maintenance services

145.075 Provision of permitted training

145.080 Providing employees with exposition

145.085 Complying with directions

Part 147—Continuing airworthiness—maintenance training organisations

Subpart 147.A—General

147.005 Purpose of Part

147.010 Definitions for Part

147.015 Part 147 Manual of Standards

147.020 Regulations 11.070 to 11.075 do not apply in relation to certain matters

Subpart 147.B—Approval of maintenance training organisations

147.025 Applying for approval

147.030 Issuing approval

147.035 Approval certificate

147.040 Privileges for maintenance training organisations

147.045 Approval subject to conditions

Subpart 147.C—Changes to maintenance training organisations

147.050 Application for approval of significant changes to organisations

147.055 Decision on application for approval of significant changes

147.060 Changes to maintenance training organisations that are not significant changes

147.065 CASA may direct maintenance training organisations to change exposition

Subpart 147.D—Requirements and offences for maintenance training organisations

147.070 Provision of maintenance training and assessment

147.075 Assessment of foreign licences

147.080 Providing employees with exposition

147.085 Complying with directions

Part 149—Approved self‑administering aviation organisations

Subpart 149.A—General

149.005 Approvals by CASA for Part 149

149.010 Manual of Standards for Part 149

149.015 Aviation administration functions—ASAO certificate required

149.020 Compliance with conditions of ASAO certificate

Subpart 149.B—ASAO certificates

149.060 CASA may limit number of ASAO certificates

149.070 Application for ASAO certificate

149.075 Issue of ASAO certificate

149.080 Approval of exposition

149.085 Conditions of ASAO certificate

149.090 Form of ASAO certificate

Subpart 149.C—Changes to exposition or personnel

149.110 Certain changes to exposition must be pre‑approved by CASA

149.115 Approval of changes to exposition

149.120 CASA directions relating to exposition or personnel

Subpart 149.D—Organisation and personnel

149.195 Organisation and personnel

149.200 Notifying CASA if key personnel cannot carry out responsibilities

149.205 Familiarisation training for key personnel

149.210 Experience etc. of key personnel

149.215 Reporting interference with decisions of key personnel

149.220 Register of key personnel and appointed persons

Subpart 149.E—Systems, facilities, reference materials and rules

149.270 Safety management system

149.275 Audit and surveillance system

149.280 Facilities and equipment

149.285 Reference materials

149.290 Aviation administration and enforcement rules

Subpart 149.F—Expositions

149.340 Content of exposition

149.345 Compliance with exposition

149.350 Access to exposition etc.

Subpart 149.G—Authorisations

149.400 Grounds for refusal of application for authorisation

149.405 Disclosure of information in application for authorisation

149.410 Authorisation holders must comply with ASAO’s exposition

149.415 Notice of suspension, variation or cancellation of authorisation

149.425 Reporting conduct of authorisation holders etc.

149.430 Reporting applications for authorisations in certain circumstances

149.435 ASAO to refuse to issue authorisation if suspended etc.

149.440 ASAO to refuse to issue authorisation if exclusion period is in force

Subpart 149.H—Authorisations and enforcement

149.490 Direction to ASAO to exercise ASAO enforcement powers

149.495 Variation, suspension and cancellation of authorisations issued by ASAOs

149.500 Effect of suspension or cancellation by CASA of authorisations issued by ASAOs

Subpart 149.J—Information and documents

149.540 Providing information or documents to CASA

149.550 Copies of documents to CASA

Subpart 149.K—Review of ASAO decisions

149.605 Application for internal review by ASAO

149.610 Application for review by CASA

149.615 Notifying the ASAO of application

149.620 ASAO to provide information and documents to CASA

149.625 CASA may request further information etc. from applicant for review

149.630 Review procedures and review decision

Part 171—Aeronautical telecommunication service and radionavigation service providers

Subpart 171.A—General

171.005 Applicability of this Part

171.010 Interpretation

171.012 Meaning of telecommunication service

171.015 Person not to provide service without approval

171.017 Issue of Manual of Standards

Subpart 171.B—Approval of service providers

171.020 Application

171.022 Joint applications not permitted

171.025 If applicant is a corporation

171.026 CASA may ask for demonstration of service

171.027 Grant of approval

171.028 When decision must be made

171.029 Conditions

Subpart 171.C—Obligations and privileges of service provider

171.030 Service by provider

171.035 Changes by service provider to service

171.040 Changes by service provider to operations manual

171.050 Technicians

171.055 Test transmissions

171.065 Interruption to service

171.070 Test equipment

171.075 Documents to be maintained

171.080 Records

171.085 Security program

171.086 Safety management system

Subpart 171.D—Contents of operations manual

171.090 Operations manual to contain or refer to information

171.095 Organisation and management of service provider

171.100 Way in which standards are met

171.105 Functional specification and performance values of services

171.110 Technical description

171.115 Safe operation

171.120 Facility operation and maintenance plan

171.125 Safety management system

171.140 Test equipment

171.145 Interruption to service

171.150 Document control

171.155 Security program

171.160 Changes to procedures

Subpart 171.E—Suspension and cancellation of approvals, and directions to vary manuals

171.220 Suspension and cancellation of approvals

171.225 Notice to approval holder to show cause

171.230 Grounds for cancellation of approval

171.235 Cancellation of approval after show cause notice

171.237 Cancellation if cooperation or arrangement ceases

171.245 CASA’s power to direct variation of manual

Part 172—Air Traffic Service Providers

Subpart 172.A—General

172.005 Applicability of this Part

172.010 Definitions for this Part

172.015 What is an ATS provider

172.020 Providing air traffic service without approval

172.022 Issue of Manual of Standards

Subpart 172.B—Approval as an ATS provider

172.024 Applicant for approval as ATS provider

172.030 When applicant is eligible for approval

172.055 Variation of approvals

Subpart 172.C—Requirements to be complied with by ATS providers

Division 172.C.1—Operations manual

172.060 Operations manual

Division 172.C.2—Air traffic service

172.065 Standards for air traffic service

172.070 Aeronautical telecommunications procedures

172.075 ICAO Doc. 4444 and ICAO Doc. 7030

172.080 Compliance with provider’s operations manual

172.085 Priority of standards

172.090 Priority of inconsistent procedures

Division 172.C.3—Standards for facilities and equipment

172.095 Facilities and equipment

Division 172.C.4—Organisation and personnel

172.100 Definition for this Division

172.105 Organisation

172.110 Personnel

172.115 Supervisory personnel

172.120 Qualifications for certain personnel

Division 172.C.5—Arrangements to maintain service

172.125 Agreements with service providers

172.130 Agreements with aerodrome operators

172.135 Arrangements for transfer of information

Division 172.C.6—Management

172.140 Training and checking program

172.145 Safety management system

172.150 Contingency plan

172.155 Security program

Division 172.C.7—Reference materials, documents, records and log books

172.160 Reference materials

172.165 Documents and records

172.170 Document and record control system

172.175 Logbooks

Division 172.C.8—Notice of air traffic service

172.180 Availability of air traffic service

Subpart 172.D—Telling CASA about changes

172.185 Advice on organisational changes

172.190 Discontinuing air traffic service

Subpart 172.E—Miscellaneous

172.195 ATS provider must not provide unauthorised air traffic service

Subpart 172.F—Administration

Division 172.F.1—Preliminary

172.200 Applicability of this Subpart

Division 172.F.2—Approvals

172.202 Applying for approval

172.205 Joint applications not permitted

172.215 Applications by corporations etc—what must be included

172.230 CASA may require demonstrations of procedures or equipment

172.260 When CASA must approve an applicant

172.265 When decision must be made

172.270 Conditions

Division 172.F.4—Directions to amend provider’s operations manual

172.300 CASA may direct amendments to provider’s operations manual

Division 172.F.5—Suspension and cancellation of approvals

172.305 Definition for this Division

172.310 Suspension of approval by show cause notice

172.315 Grounds for cancellation of approval

172.320 Notice to show cause

172.325 Cancellation of approval after show cause notice

172.327 Cancellation if cooperation or arrangement ceases

Part 173—Instrument flight procedure design

Subpart 173.A—General

173.005 Applicability

173.010 Definitions for this Part

173.015 What is a certified designer

173.020 What is a procedure design certificate

173.025 What is an authorised designer

173.030 What is a procedure design authorisation

173.035 Design, review or amendment of terminal instrument flight procedures—requirement for procedure design certificate etc

173.040 Designing instrument flight procedures other than terminal instrument flight procedures

Subpart 173.B—Certified designers

Division 173.B.1—Certification as certified designer

173.045 Applications for procedure design certificates

173.050 Criteria for grant of procedure design certificates

173.055 Procedure design certificate

173.065 How long procedure design certificates remain in force

173.070 Applications to vary procedure design certificates

Division 173.B.2—Requirements to be complied with by certified designers

173.075 Certified designer to maintain operations manual

173.080 Compliance with operations manual

173.085 Standards for design of terminal instrument flight procedures etc

173.090 Verification of terminal instrument flight procedures

173.095 Validation of terminal instrument flight procedures

173.100 Publication of terminal instrument flight procedures

173.105 Radio navigation aids

173.110 Maintenance of terminal instrument flight procedures

173.115 Certified designer to provide facilities etc

173.120 Certified designer to have appropriate organisation

173.125 Certified designer to have sufficient personnel

173.130 Supervisory personnel

173.135 Certified designer to appoint chief designer

173.140 Certified designer to provide training and checking program

173.145 Certified designer to have safety management system

173.150 Certified designer to maintain reference materials

173.155 Certified designer to keep documents and records

173.160 Certified designer to have document and record control system

Division 173.B.3—Chief designer

173.165 Approval for appointment of chief designer

173.170 Approval for appointment to act as chief designer

173.175 Appointment likely to have adverse effect on air safety

173.180 Chief designer’s functions and duties

173.185 Duration of approval

173.190 Withdrawal or suspension of approval of appointment

Division 173.B.4—Miscellaneous

173.195 Advice on organisational changes

173.200 Discontinuing design work on terminal instrument flight procedures of a particular type

173.205 Notifying the AIS of a variation to a procedure design certificate

173.210 Discontinuing maintenance of particular terminal instrument flight procedures

173.215 Transfer of maintenance responsibility

Subpart 173.C—Authorised designers

Division 173.C.1—Authorisation as authorised designer

173.220 Applications for procedure design authorisations

173.225 Criteria for grant of procedure design authorisations

173.240 How long procedure design authorisations remain in force

173.245 Applications to vary procedure design authorisations

Division 173.C.2—Requirements to be complied with by authorised designers

173.250 Operations manual

173.255 Compliance with operations manual

173.260 Standards for design of terminal instrument flight procedures etc

173.265 Off‑shore installations

173.270 Maintenance of terminal instrument flight procedures

173.275 Authorised designer to have sufficient personnel

173.280 Authorised designer to maintain reference materials

173.285 Authorised designer to keep documents and records

173.290 Authorised designer to have document and record control system

Division 173.C.3—Miscellaneous

173.295 Discontinuing design work on terminal instrument flight of a particular type

173.300 Discontinuing maintenance of terminal instrument flight procedures

173.305 Transfer of maintenance responsibility

Subpart 173.D—Performance of design work

173.310 Certified designer not to exceed the limitations of the designer’s procedure design certificate

173.315 Authorised designer not to exceed the limitations of authorisation

Subpart 173.E—Administration

Division 173.E.1—Grant of procedure design certificates and procedure design authorisations

173.330 CASA may require demonstrations of equipment etc

173.335 Grant of procedure design certificate or procedure design authorisation

173.345 CASA may grant certificate or authorisation subject to conditions

173.350 When decision must be made

Division 173.E.3—Directions to amend certified designer’s or authorised designer’s operations manual

173.375 CASA may direct amendments to designer’s operations manual

Division 173.E.4—Suspension and cancellation of procedure design certificates and procedure design authorisations

173.380 Suspension or cancellation of procedure design certificate or procedure design authorisation by CASA

Division 173.E.5—Authorised inspectors

173.390 CASA may appoint authorised inspectors

173.395 Identity card

173.400 Powers of authorised inspector

Part 175—Aeronautical information management

Subpart 175.A—Aeronautical information management—general

175.005 What Part 175 is about

175.010 Application of Part 175

175.015 Definitions for Part 175

175.020 References in Part 175 to Annexes 3, 4 and 15

175.025 Issue of Manual of Standards for Part 175

Subpart 175.B—Aeronautical information management—AIS providers

Division 175.B.1—AIS providers—general

175.030 Definitions for Subpart 175.B

175.035 Provision of AIS—requirement for certificate

Division 175.B.2—AIS provider certificates

175.040 AIS provider certificates—who may apply

175.045 AIS provider certificates—requirements for application

175.050 AIS provider certificates—CASA may ask for demonstration of service, facility or equipment

175.055 AIS provider certificates—issue of certificate

175.060 AIS provider certificates—approval of exposition

175.065 AIS provider certificates—conditions

175.067 AIS provider certificates—cancellation of certificate if cooperation or arrangement ceases

Division 175.B.3—AIS providers—changes

175.070 AIS providers—changes to services—matters included in certificate

175.075 AIS providers—other changes

175.080 AIS providers—CASA directions relating to exposition

175.085 AIS providers—notifying CASA of changes in circumstances

Division 175.B.4—AIS providers—requirements for provision of AIS

175.090 AIS providers—provision of AIS must comply with laws

175.095 AIS providers—compliance with exposition

175.100 AIS providers—provision of AIS must comply with standards

175.105 AIS providers—standards for development and publication of Integrated Aeronautical Information Package and aeronautical charts

175.110 AIS providers—standards for aeronautical data processing system

175.115 AIS providers—contravention of exposition or standards

175.120 AIS providers—NOTAM service

175.125 AIS providers—briefing service

175.130 AIS providers—post‑flight information service

175.135 AIS providers—CASA directions about NOTAMS for a location

175.140 AIS providers—aerodromes not covered by Part 139—removal of references in AIP

175.145 AIS providers—publication of aeronautical charts relating to areas etc. outside authority

Division 175.B.5—AIS providers—requirements about aeronautical data and aeronautical information

175.150 AIS providers—CASA directions relating to aeronautical data or aeronautical information

175.155 AIS providers—integrity of aeronautical data and aeronautical information

175.160 AIS providers—giving data product specifications to aeronautical data originators

175.165 AIS providers—revoking data product specifications

175.170 AIS providers—compliance with data product specification

175.175 AIS providers—correction and notification of errors and omissions in aeronautical data and aeronautical information

175.180 AIS providers—storage and security of aeronautical data and aeronautical information

175.185 AIS providers—timing of effective dates and distribution of certain documents and information

175.190 AIS providers—licence agreements with data service providers for supply of data sets

175.195 AIS providers—compliance with licence agreement

Division 175.B.6—AIS providers—organisational requirements

175.200 AIS providers—exposition

175.205 AIS providers—organisational structure

175.210 AIS providers—personnel—general

175.215 AIS providers—personnel—accountable manager

175.220 AIS providers—personnel—training and checking system for operational personnel

175.225 AIS providers—safety management system

175.230 AIS providers—quality management system

175.235 AIS providers—facilities, equipment, data and information

175.240 AIS providers—contingency plan

175.245 AIS providers—reference materials

175.250 AIS providers—annual review by accountable manager

175.255 AIS providers—records

175.260 AIS providers—retention period for aeronautical data, aeronautical information and records

Subpart 175.C—Aeronautical information management—data service providers

Division 175.C.1—Data service providers—general

175.265 Definitions for Subpart 175.C

175.270 Conduct of data service activity—requirement for certificate

175.275 CASA to publish list of data service providers

Division 175.C.2—Data service provider certificates

175.280 Data service provider certificates—who may apply

175.285 Data service provider certificates—requirements for application

175.290 Data service provider certificates—CASA may ask for demonstration of service, facility or equipment

175.295 Data service provider certificates—issue of certificate

175.300 Data service provider certificates—approval of exposition

175.305 Data service provider certificates—conditions

Division 175.C.3—Data service providers—changes

175.310 Data service providers—changes to authorised data service activities—matters included in certificate

175.315 Data service providers—other changes

175.320 Data service providers—CASA directions relating to exposition

175.325 Data service providers—notifying CASA of changes in circumstances

175.330 Data service providers—notifying CASA of intention to cease activities

Division 175.C.4—Data service providers—requirements for provision of data service

175.335 Data service providers—standards for data service provision

175.340 Data service providers—compliance with exposition

175.345 Data service providers—standards for aeronautical data processing system

Division 175.C.5—Data service providers—requirements about aeronautical data and aeronautical information

175.350 Data service providers—CASA directions to amend aeronautical data or aeronautical information

175.355 Data service providers—integrity of aeronautical data and aeronautical information

175.360 Data service providers—correction and notification of errors and omissions in aeronautical data and aeronautical information

175.365 Data service providers—storage and security of aeronautical data and aeronautical information

175.370 Data service providers—effective dates and validity of aeronautical data, information and charts

175.375 Data service providers—compliance with licence agreement with AIS providers

Division 175.C.6—Data service providers—organisational requirements

175.380 Data service providers—exposition

175.385 Data service providers—organisational structure

175.390 Data service providers—personnel—general

175.395 Data service providers—personnel—accountable manager

175.400 Data service providers—personnel—training and checking system for operational personnel

175.405 Data service providers—safety management system

175.410 Data service providers—quality management system

175.415 Data service providers—facilities, equipment, data and information

175.420 Data service providers—contingency plan

175.425 Data service providers—reference materials

175.430 Data service providers—annual review by accountable manager

175.435 Data service providers—records

175.440 Data service providers—retention period for aeronautical data, aeronautical information and records

Subpart 175.D—Aeronautical information management—aeronautical data originators

Division 175.D.1—Aeronautical data originators—general

175.445 Aeronautical data originators—AIP responsible person and NOTAM authorised persons

175.450 Aeronautical data originators—telling AIS provider of AIP responsible person and NOTAM authorised persons

175.455 Aeronautical data originators—requirement to provide updated aeronautical data or aeronautical information published other than in NOTAMS

175.460 Aeronautical data originators—requirements in relation to providing aeronautical data or aeronautical information published other than in NOTAMS

175.465 Aeronautical data originators—annual review of aeronautical data and aeronautical information

175.470 Aeronautical data originators—requirements in relation to requests for issue of NOTAMS

Division 175.D.2—Aeronautical data originators—Geoscience Australia

175.475 Aeronautical data originators—responsibilities of Geoscience Australia

Subpart 175.E—Aeronautical information management—objects and structures that affect aviation safety

175.480 Objects and structures that affect aviation safety—application of Subpart 175.E

175.485 Objects and structures that affect aviation safety—requests for data by AA

175.490 Objects and structures that affect aviation safety—requests for data from owners etc.

175.495 Objects and structures that affect aviation safety—requests for data from aerodrome operators

175.500 Objects and structures that affect aviation safety—requests for data from government authorities

Subpart 139.A—General

139.005 Applicability of this Part

This Part deals with the operation of aerodromes and includes rules about the following matters:

(a) certification of aerodromes and the requirements that apply to operators of certified aerodromes;

(b) registration of aerodromes and the requirements that apply to operators of registered aerodromes;

(c) reporting officer and safety inspection requirements that apply to operators of certain other aerodromes used for regular public transport operations or charter operations;

(d) obstacles and hazards at aerodromes;

(e) obligations of aerodrome operators in relation to radio communication services and rescue and fire fighting services.

139.010 Definitions for this Part

In this Part (other than Subpart 139.H):

Manual of Standards means the document called ‘Manual of Standards (MOS) – Part 139 Aerodromes’ published by CASA, as in force from time to time.

MBZ means mandatory broadcast zone.

time‑limited works has the same meaning as in the Manual of Standards.

139.015 Standards for aerodromes

The standards for aerodromes are those set out in the Manual of Standards.

139.025 Access to aerodromes

(1) The operator of a certified aerodrome or a registered aerodrome must allow CASA to conduct tests of aerodrome facilities, equipment or operating procedures at the aerodrome for the purpose of ensuring the safety of aircraft.

(2) The operator must allow CASA access to any part of the aerodrome or any aerodrome facilities, equipment or records for the purposes of subregulation (1).

(3) CASA:

(a) must give reasonable notice of any tests to be conducted to the operator; and

(b) must carry out the tests at a reasonable time.

(4) Subregulations (1) and (2) do not limit the operation of regulation 305 of CAR.

139.030 Restrictions on use of terminal instrument flight procedures

(1) The operator of an aerodrome commits an offence if:

(a) the aerodrome is not a certified aerodrome or registered aerodrome; and

(b) there is a terminal instrument flight procedure for the aerodrome; and

Penalty: 10 penalty units.

(2) The operator of an aerodrome commits an offence if:

(a) there is a terminal instrument flight procedure for the aerodrome; and

(b) the terminal instrument flight procedure is not only for use in a specialised helicopter operation; and

(i) ceases to be a certified aerodrome and does not become a registered aerodrome; or

(ii) ceases to be a registered aerodrome and does not become a certified aerodrome; and

(d) the operator does not, in writing and as soon as possible after the cessation, tell each of the following of the cessation:

(i) the AIS;

(ii) the certified designer of the procedure.

Penalty: 10 penalty units.

(3) An offence against subregulation (1) or (2) is an offence of strict liability.

(4) In this regulation:

certified designer has the meaning given by regulation 173.015.

139.035 No effect on operation of Airports (Building Control) Regulations 1996 etc

Nothing in this Part affects the operation of the Airports (Building Control) Regulations 1996, the Airports (Protection of Airspace) Regulations 1996 or the Airports (Control of On‑Airport Activities) Regulations 1997.

Subpart 139.B—Certified aerodromes

Division 139.B.1—Aerodrome certificate

139.040 When an aerodrome certificate is required

(1) A person must not operate an aerodrome to which subregulation (3) applies if the aerodrome is not a certified aerodrome.

Penalty: 50 penalty units.

(2) An offence against subregulation (1) is an offence of strict liability.

(3) This subregulation applies to an aerodrome that:

(a) has a runway that is suitable for use by aircraft having:

(i) a maximum passenger seating capacity of more than 30 seats; or

(ii) a maximum carrying capacity of more than 3 400 kilograms; and

(b) is available for use in regular public transport operations or charter operations by such aircraft.

Note: See also regulation 139.030 for restrictions on the use of terminal instrument flight procedures.

139.045 Application for aerodrome certificate

A person (the applicant) may apply to CASA for an aerodrome certificate authorising the person to operate an aerodrome at the place specified in the application.

139.050 Grant of aerodrome certificate

Subject to regulation 11.055, CASA must grant an aerodrome certificate to an applicant if CASA is satisfied that:

(a) the aerodrome’s facilities and equipment are in accordance with the standards specified in the Manual of Standards for a certified aerodrome; and

(b) the aerodrome’s operating procedures make satisfactory provision for the safety of aircraft; and

(d) the applicant would, if the certificate is granted, be able properly to operate and maintain the aerodrome.

139.070 Suspension or cancellation by CASA

(1) CASA may, by written notice given to the holder of an aerodrome certificate, suspend or cancel the certificate if there are reasonable grounds for believing that:

(a) a condition to which the certificate is subject has been breached; or

(b) the aerodrome facilities, operations or maintenance are not of the standard necessary in the interests of the safety of air navigation; or

(2) Before suspending or cancelling an aerodrome certificate, CASA must:

(a) give to the holder a show cause notice that:

(i) sets out the facts and circumstances that, in the opinion of CASA, would justify the suspension or cancellation; and

(ii) invites the holder to show cause, in writing, within 30 days after the date of the notice, why the certificate should not be suspended or cancelled; and

(b) take into account any written submissions that the holder makes to CASA within the time allowed under subparagraph (a)(ii).

139.085 Temporary aerodrome certificate

(1) Subject to regulation 11.055, CASA must grant a temporary aerodrome certificate to an applicant under regulation 139.045 if:

(a) the applicant’s application is for a certificate to operate an aerodrome for which an existing aerodrome certificate is in force; and

(b) the holder of the existing aerodrome certificate has given CASA a request under regulation 11.130 for the certificate to be cancelled; and

(c) the cancellation of the existing aerodrome certificate will have effect before CASA can fully consider the applicant’s application; and

(d) CASA is satisfied that the applicant will be able to properly operate and maintain the aerodrome for the duration of the temporary certificate.

(2) A temporary aerodrome certificate must not be granted for a period of longer than 60 days.

Division 139.B.2—Aerodrome manual

139.090 Preparation and location of aerodrome manual

(1) The operator of a certified aerodrome must have an aerodrome manual, in accordance with regulation 139.095, for the aerodrome.

Penalty: 10 penalty units.

(2) The operator must give CASA a copy of the manual and must keep another copy at the operator’s principal place of business or at the aerodrome.

Penalty: 10 penalty units.

(3) The operator must make the copy of the manual kept at the operator’s principal place of business or at the aerodrome available to authorised persons during normal business hours.

Penalty: 10 penalty units.

(4) Strict liability applies to the physical element of an offence against subregulation (1) that the operator is required to have an aerodrome manual for the aerodrome.

(5) An offence against subregulation (2) or (3) is an offence of strict liability.

139.095 Information to be included in aerodrome manual

For subregulation 139.090(1), the aerodrome manual must include:

(a) the following information, to the extent that the information is applicable to the aerodrome:

(i) the particulars of the aerodrome site mentioned in Appendix 1 to this subparagraph;

(ii) the particulars of the aerodrome administration and operating procedures mentioned in Appendix 1 to this subparagraph;

(iii) the particulars of the aerodrome to be notified in AIP‑ERSA, mentioned in Appendix 1 to this subparagraph;

(iv) particulars of any condition to which the operator’s aerodrome certificate is subject;

(v) particulars of any direction given to the operator by CASA under regulation 139.105; and

(b) if particular information referred to in paragraph (a) is not included in the manual because it is not applicable to the aerodrome:

(i) a statement to the effect that the information is not applicable; and

(ii) the reasons why it is not applicable; and

(i) any identifying number given to the exemption by CASA; and

(ii) the date on which the exemption came into effect; and

(iii) any condition subject to which the exemption is granted.

Appendix 1 to subparagraph 139.095(a)(i) (Particulars of the aerodrome site)

Aerodrome site

For subparagraph 139.095(a)(i), the particulars are as follows:

(a) a plan of the aerodrome showing the main aerodrome facilities, including the wind direction indicators, for the operation of the aerodrome;

(b) a plan of the aerodrome showing the aerodrome boundaries;

(c) a plan showing the distance of the aerodrome from the nearest city, town or other populous area, and the location of any aerodrome facilities and equipment outside the boundaries of the aerodrome;

(d) either:

(i) particulars of title of the aerodrome site; or

(ii) if the boundaries of the aerodrome are not defined in the documents of title—the particulars of the title to, or interests in, the property on which the aerodrome is located and a plan showing the boundaries and position of the aerodrome.

Appendix 1 to subparagraph 139.095(a)(ii) (Particulars of the aerodrome administration and operating procedures)

For subparagraph 139.095(a)(ii), the particulars are as follows:

Aerodrome administration

(a) particulars of the aerodrome administration including the following:

(i) the organisational structure;

(ii) the management positions responsible for the operation and maintenance of the aerodrome;

(iii) contact details of the person who is the aerodrome manual controller;

(iv) contact details for the main persons responsible for aerodrome operations and safety functions;

Aerodrome emergency plan

(b) particulars of the aerodrome emergency plan, including details of the following:

(i) the composition of the aerodrome emergency committee and contact details for the emergency service organisations represented on the committee;

(ii) a description of the role of each emergency service organisation involved in the plan;

(iii) the activation, control and coordination of the emergency service organisations during an emergency;

(iv) the aerodrome’s emergency facilities and arrangements for keeping them in readiness;

(v) the operational response to an emergency, including arrangements for aerodrome access and assembly areas;

(vi) the response to a local stand‑by call out;

(vii) the response to a full emergency call out;

(viii) the arrangements to return the aerodrome to operational status after an emergency;

(ix) the arrangements for periodic review and testing of the aerodrome emergency plan;

Aerodrome lighting

(c) particulars of the procedures for the inspection and maintenance of the aerodrome lighting (including obstacle lighting) and the supply of stand‑by power (if any), including details of the following:

(i) the arrangements for carrying out inspections and the checklist for inspections;

(ii) the arrangements for recording the results of inspections and for taking follow‑up action to correct deficiencies;

(iii) the arrangements for switching lights on and off, including back‑up arrangements for pilot‑activated lighting;

(iv) the arrangements for carrying out routine maintenance and emergency maintenance;

(v) the arrangements for stand‑by power, if any, and, if applicable, particulars of any other method of dealing with partial or total system failure;

(vi) the names and roles of the persons who are responsible for the inspection and maintenance of the lighting and the telephone numbers for contacting them during and after working hours;

Aerodrome reporting

(d) particulars of the procedures for reporting any changes to the aerodrome information set out in AIP and procedures for requesting the issue of NOTAMS, including details of the following:

(i) the arrangements for reporting any changes that may affect aircraft operations to AIS and local air traffic services and recording the reporting of changes during and outside the normal hours of aerodrome operation;

(ii) the contact details for the persons and organisations to which changes are to be reported;

(iii) the name of the reporting officer responsible for reporting the changes and the telephone numbers for contacting him or her during and after working hours;

(iv) the arrangements for reporting changes of aerodrome information published in AIP to AIS and CASA;

(v) the arrangements for keeping records of reports made;

Unauthorised entry to aerodrome

(e) particulars of the procedures for preventing the unauthorised entry of persons, vehicles, equipment, plant or animals, or other things that may endanger aircraft safety, into the movement area, including details of the following:

(i) the arrangements for controlling airside access;

(ii) the names and roles of the persons who are responsible for controlling access to the movement area and the telephone numbers for contacting them during and after working hours;

Aerodrome serviceability inspections

(f) particulars of the procedures for carrying out aerodrome serviceability inspections, including details of the following:

(i) the arrangements for carrying out the inspections during and after working hours;

(ii) details of the intervals at which the inspections are carried out and the times of the inspections;

(iii) the arrangements for keeping an inspection logbook and the place where the logbook is kept;

(iv) details of the inspection checklist;

(v) the arrangements for communicating with air traffic control during the inspections;

(vi) the arrangements for reporting the results of the inspections and for taking prompt follow‑up action to ensure correction of unsafe conditions;

(vii) the names and roles of the persons who are responsible for carrying out the inspections and the telephone numbers for contacting them during and after working hours;

Aerodrome technical inspections

(g) particulars of the procedures for carrying out aerodrome technical inspections, including details of the following:

(i) the items that need to be technically inspected and when the inspections are to be carried out;

(ii) the arrangements for technically qualified people to carry out the technical inspections;

(iii) the arrangements for recording the results of the inspections and for taking prompt follow‑up action to ensure correction of defects;

Aerodrome works safety

(h) particulars of the procedures for planning and safely carrying out aerodrome works (including works that may have to be carried out at short notice), including details of the following:

(i) the preparation of a method‑of‑working plan identifying areas of the aerodrome affected during each stage of the work and steps taken to ensure safety standards are met;

(ii) the distribution list for the method‑of‑working plan;

(iii) the arrangements for telling aircraft operators and other aerodrome users of the method‑of‑working plan and the telephone numbers for contacting those operators and users during and after working hours;

(iv) the arrangements for communicating with air traffic control and aircraft during the carrying out of the works;

(v) the arrangements for carrying out time‑limited works;

(vi) the names, telephone numbers and roles of the persons and organisations responsible for planning and carrying out the works, and the arrangements for contacting those persons and organisations at all times;

Aircraft parking control

(i) particulars of the procedures for aircraft parking control, if established, including details of the following:

(i) the arrangements between air traffic control and apron management;

(ii) the arrangements for allocating aircraft parking positions;

(iii) the arrangements for initiating engine start and ensuring clearances for aircraft push‑back;

(iv) an inventory and description of the activation and deactivation of any visual docking guidance system used at the aerodrome;

(v) the marshalling service;

(vi) the leader (van) service or follow‑me service;

(vii) the names, telephone numbers and roles of the persons responsible for planning and implementing aircraft parking control;

Airside vehicle control

(j) if procedures have been established at the aerodrome for the control of surface vehicles operating on or near the movement area, particulars of those procedures, including details of the following:

(i) the applicable traffic rules (including speed limits) and the means of enforcement of the rules;

(ii) the method of instructing and testing drivers in relation to the applicable traffic rules;

(iii) the names, telephone numbers and roles of the persons who are responsible for airside vehicle control;

Bird and animal hazard management

(k) particulars of the procedures to deal with danger to aircraft operations caused by the presence of birds or animals on or near the aerodrome, including details of the following:

(i) the arrangements for assessing any bird or animal hazard;

(ii) the arrangements for the removal of any bird or animal hazard;

(iii) the names and roles of the persons responsible for dealing with bird or animal hazards, and the telephone numbers for contacting them during and after working hours;

Obstacle control

(l) particulars of the following:

(i) the procedures for monitoring the obstacle limitation surfaces and the Type A chart take‑off surface for obstacles;

(ii) the procedures for monitoring building developments (in relation to the height of buildings and other structures) within the horizontal limits of the obstacle limitation surfaces;

(iii) if the aerodrome has instrument approach procedures—the procedures for monitoring for new objects or building developments in any other areas nominated by the instrument procedure designers;

(iv) the arrangements between CASA, local planning authorities and other relevant organisations in relation to the approval of building developments that may infringe the obstacle limitation surfaces;

(v) the names, telephone numbers and roles of the persons responsible for planning and implementing obstacle control;

Disabled aircraft removal

(m) particulars of the procedures for removing an aircraft that is disabled on or near the movement area, including details of the following:

(i) the roles of the aerodrome operator and the holder of the aircraft’s certificate of registration;

(ii) the arrangements for telling the holder of the certificate of registration;

(iii) the arrangements for liaising with air traffic control and the Australian Transport Safety Bureau;

(iv) the arrangements for obtaining equipment and persons to remove the aircraft;

(v) the names and roles of the persons who are responsible for arranging for the removal of an aircraft which is disabled, and the telephone numbers for contacting them during and after working hours;

Handling of hazardous materials

(n) particulars of the procedures for the safe handling of hazardous materials on the aerodrome, including details of the following:

(i) the names, telephone numbers and roles of the persons who are to receive and handle hazardous materials;

(ii) the arrangements for special areas on the aerodrome to be set up for the storage of flammable liquids (including aviation fuels) and any other hazardous materials;

(iii) the methods to be followed for the delivery, storage, dispensing and handling of these materials;

Note 1: Hazardous materials include explosives, flammable liquids and solids, corrosive liquids, compressed gases, and magnetised or radioactive materials.

Note 2: The arrangements to deal with an accidental spillage of hazardous materials are to be set out in the aerodrome emergency plan.

Protection of radar and navigational aids

(o) particulars of the procedures for the protection of radar and navigational aids located on the aerodrome to ensure that their performance will not be degraded, including details of the following:

(i) the arrangements for the control of activities near radar and navigational aid installations;

(ii) the arrangements, made in consultation with the provider of the navigational aid installation, for the supply and installation of signs warning of hazardous microwave radiation;

(iii) the arrangements for ground maintenance near these installations;

Low visibility operations

(p) particulars of the procedures for the management of ground activities at an aerodrome where low visibility operations are conducted, including details of the following:

(i) the arrangements for measuring visibility along a runway and passing the information to air traffic control, if required;

(ii) the arrangements for minimising vehicular traffic within the movement area during periods of low visibility operations;

(iii) the arrangements for runway inspections during periods of low visibility operations;

(iv) the names and roles of the persons who are responsible for managing low visibility operations, and the telephone numbers for contacting them during and after work hours.

Appendix 1 to subparagraph 139.095(a)(iii) (Particulars of the aerodrome to be notified in AIP‑ERSA)

For subparagraph 139.095(a)(iii), the particulars are:

General information

(a) the following general information about the aerodrome:

(i) the name of the aerodrome;

(ii) the State or Territory where the aerodrome is located;

(iii) the geographic coordinates of the aerodrome reference point;

(iv) the elevation of the aerodrome, based on the Australian Height Datum;

(v) details of the aerodrome beacon;

(vi) the name of the aerodrome operator and the address and telephone numbers at which the aerodrome operator may be contacted at all times; and

Information for runways

(b) the following information for each runway at the aerodrome:

(i) the magnetic bearing of the runway and the runway number;

(ii) the runway reference code number for the approach and take‑off areas that have been surveyed;

(iii) the length, width and slopes of the runway;

(iv) the length and width of the graded and overall runway strip;

(v) the pavement surface type and its strength rating;

(vi) the runway declared distances and take‑off gradient;

(vii) the supplementary take‑off distances;

(viii) the Aerodrome Obstacle Chart Type A, if applicable; and

Information about visual aid systems

(i) the type of runway lighting and the stand‑by power, if any, for that lighting;

(ii) the type of approach lighting;

(iii) the visual approach slope indicator system, if any;

(iv) a description of the visual docking guidance systems at any aprons used by aircraft conducting international operations, and the aircraft parking positions where the systems are installed; and

Local information

(d) the following local information about the aerodrome:

(i) the hours of operation, if applicable;

(ii) the available ground services;

(iii) any special procedures;

(iv) any local precautions.

139.100 Form of aerodrome manual

(1) The operator of a certified aerodrome must keep the copies of the aerodrome manual for the aerodrome in a printed form.

Penalty: 10 penalty units.

(2) Other copies of the manual may be kept in an electronic form.

(3) If CASA approves, the manual may consist of more than 1 document.

(4) The operator must keep the manual in a way that tells a person reading the manual:

(a) when changes have been made to the information in the manual; and

(b) whether the manual is up‑to‑date.

Penalty: 10 penalty units.

(5) An offence against subregulation (1) or (4) is an offence of strict liability.

139.105 Amendments of aerodrome manual

(1) The operator of a certified aerodrome must amend the aerodrome manual for the aerodrome, whenever it is necessary to do so, to maintain the accuracy of the manual.

Penalty: 10 penalty units.

(2) To maintain the accuracy of the aerodrome manual, CASA may give written directions to the operator requiring the operator to amend the manual in accordance with the direction.

(3) An operator must comply with a direction given to the operator under subregulation (2).

Penalty: 10 penalty units.

139.110 Notice of amendments

(1) The operator of a certified aerodrome must tell CASA, in writing, of any amendment that the operator makes to the aerodrome manual for the aerodrome within 30 days after the amendment is made.

Penalty: 5 penalty units.

(2) An offence against subregulation (1) is an offence of strict liability.

139.115 Aerodrome manual controller

(1) The operator of a certified aerodrome must appoint a person to be the aerodrome manual controller for the aerodrome’s aerodrome manual.

Penalty: 10 penalty units.

(2) An offence against subregulation (1) is an offence of strict liability.

(3) The functions of the aerodrome manual controller are to ensure that:

(a) a record is kept of the persons who hold copies of the whole or a part of the aerodrome manual; and

(b) updates of information for the manual are distributed to those persons.

Division 139.B.3—Operation and maintenance of a certified aerodrome

139.120 Care and diligence in operation and maintenance

The operator of a certified aerodrome must ensure that the aerodrome is operated and maintained with a reasonable degree of care and diligence.

Penalty: 20 penalty units.

139.125 Reporting officer

(1) The operator of a certified aerodrome must appoint 1 or more reporting officers for the aerodrome.

Penalty: 10 penalty units.

(2) An offence against subregulation (1) is an offence of strict liability.

(3) The functions of a reporting officer are:

(a) to monitor the serviceability of the aerodrome; and

(b) to report to the NOTAM Office and air traffic control any changes in conditions, or any other occurrences, at the aerodrome that must be reported under subregulation 139.155(1).

(4) The operator must not appoint a person as a reporting officer if the person has not been trained, in accordance with the Manual of Standards, to perform the reporting officer’s functions.

Penalty: 10 penalty units.

139.130 Works safety officer for aerodrome works other than time‑limited works

(1) If aerodrome works (other than time‑limited works) are being carried out at a certified aerodrome, the operator of the aerodrome must appoint 1 or more persons as works safety officers for the aerodrome works.

Penalty: 10 penalty units.

(2) An offence against subregulation (1) is an offence of strict liability.

(3) The function of a works safety officer is to ensure aerodrome safety while the aerodrome works are being carried out.

(4) The operator must not appoint a person as a works safety officer for the aerodrome works if the person has not been trained, in accordance with the Manual of Standards, to perform the works safety officer’s function.

Penalty: 10 penalty units.

139.135 Works safety officer for time‑limited works

If time‑limited works are being carried out at a certified aerodrome, the operator of the aerodrome must ensure that a person who has been trained, in accordance with the Manual of Standards, to perform the function of a works safety officer performs that function for those works.

Penalty: 10 penalty units.

139.140 Training of aerodrome personnel

The operator of a certified aerodrome must ensure that all personnel of the operator are trained in accordance with the standards for training aerodrome personnel set out in the Manual of Standards.

Penalty: 20 penalty units.

139.145 Aerodrome manual procedures

(1) Subject to any directions issued under subregulation (2), the operator of a certified aerodrome must operate and maintain the aerodrome in accordance with the procedures set out in the aerodrome manual for the aerodrome.

Penalty: 25 penalty units.

(2) CASA may direct the operator of a certified aerodrome to change the procedures set out in the aerodrome manual, if CASA considers it necessary in the interests of the safety of aircraft.

(3) An operator must comply with a direction given to the operator under subregulation (2).

Penalty: 25 penalty units.

139.150 Notice of deviation

(1) This regulation applies if a deviation from a procedure set out in the aerodrome manual for a certified aerodrome is made to ensure the safety of aircraft.

(2) The operator of the aerodrome must tell CASA, in writing, of the deviation within 30 days after the deviation was made.

Penalty: 5 penalty units.

(3) An offence against subregulation (2) is an offence of strict liability.

139.155 Notice of changes in physical condition etc of aerodrome

(1) The operator of a certified aerodrome must, in accordance with the Manual of Standards, give notice to the NOTAM Office of:

(a) any temporary or permanent change in the physical condition of the aerodrome that may affect the safety of aircraft; and

(b) any other occurrence relating to the operation or maintenance of the aerodrome that may affect the safety of aircraft.

Penalty: 10 penalty units.

(2) If the aerodrome is a controlled aerodrome, the notice must also be given to air traffic control.

Penalty: 10 penalty units.

139.160 Notice of changes in information published in AIP‑ERSA

(1) To maintain the accuracy of the information published in AIP‑ERSA in relation to a certified aerodrome, the operator of the aerodrome must tell AIS, in writing, as soon as practicable of any change required to that information (other than a change that is published in NOTAMS).

Penalty: 5 penalty units.

(2) An offence against subregulation (1) is an offence of strict liability.

139.165 Physical characteristics of movement area

The operator of a certified aerodrome must ensure that the physical characteristics of the movement area comply with the standards set out in the Manual of Standards.

Penalty: 10 penalty units.

139.170 Aerodrome markings

(1) The operator of a certified aerodrome must mark the following areas of the aerodrome in accordance with the standards set out in the Manual of Standards:

(a) the movement area;

(b) any unserviceable area;

Penalty: 10 penalty units.

(2) The operator must ensure that all aerodrome markings are maintained in accordance with the standards set out in the Manual of Standards.

Penalty: 10 penalty units.

(3) In this regulation:

unserviceable area means a part of the movement area that is unavailable for use by aircraft.

works area means a part of the aerodrome in which maintenance or construction works are in progress that may endanger the safety of aircraft.

139.175 Signal area

(1) The operator of a certified aerodrome that does not have a continuous air traffic service provided by air traffic control during the day must provide a signal area in accordance with the standards set out in the Manual of Standards.

Penalty: 10 penalty units.

(2) The operator must display an appropriate signal in the signal area in any circumstances set out in the Manual of Standards that require such a signal to be displayed.

Penalty: 10 penalty units.

(3) The operator must ensure that the signal area and any signal displayed in it are clearly visible to any aircraft intending to use the aerodrome.

Penalty: 10 penalty units.

139.180 Wind direction indicators—general

The operator of a certified aerodrome must, in accordance with the standards for wind direction indicators set out in the Manual of Standards, install and maintain at least 1 wind direction indicator at the aerodrome.

Penalty: 10 penalty units.

139.185 Wind direction indicators—requirement for certain runways

(1) If a runway at a certified aerodrome is used in non‑precision approach operations, the operator of the aerodrome must ensure that there is a wind direction indicator near the end or ends of the runway at which instrument non‑precision approach operations can be conducted.

Penalty: 10 penalty units.

(2) An offence against subregulation (1) is an offence of strict liability.

(3) CASA may grant an exemption to the operator under regulation 11.160 from compliance with subregulation (1) only if CASA is satisfied that surface wind information is passed to the pilots of aircraft approaching the runway by:

(a) an automatic weather observing system that:

(i) is compatible with the Bureau of Meteorology’s weather observing system; and

(ii) provides surface wind information through an aerodrome weather information broadcast; or

(b) an approved observer having a communication link with pilots through which timely information about surface wind can be clearly passed to pilots; or

139.190 Visual approach slope indicator system

(1) The operator of a certified aerodrome must, in accordance with the standards for visual approach slope indicator systems set out in the Manual of Standards, provide an approved visual approach slope indicator system for the end of a runway at the aerodrome if that end is regularly used as the approach end for jet‑propelled aircraft conducting regular public transport operations or charter operations.

Penalty: 10 penalty units.

Note: On 2 May 2003, the visual approach slope indicator systems approved by CASA are the systems known as T‑VASIS, AT‑VASIS and PAPI.

(2) CASA may direct the operator to provide an approved visual approach slope indicator system for the approach end or ends of a runway to which subregulation (1) does not apply, if CASA considers it necessary in the interests of the safety of aircraft.

(3) The operator must comply with a direction given to the operator under subregulation (2).

Penalty: 10 penalty units.

139.195 Lighting of movement area

(1) If a certified aerodrome is available for an aircraft to land or take‑off at night, or in less than VMC during the day, the operator of the aerodrome must provide and maintain a lighting system for the movement area of the aerodrome that is in accordance with subregulations (2) and (3).

Penalty: 20 penalty units.

(2) The lighting system must include:

(a) lighting of runways, taxiways and aprons intended for use at night or in less than VMC during the day; and

(b) lighting of at least 1 wind direction indicator; and

(d) if the aerodrome has a runway intended to serve Category I, II or III precision approach operations—approach, runway and taxiway lighting for the runway and taxiway.

(3) The lighting system must:

(a) if the lighting system is of a kind for which standards are specified in the Manual of Standards—meet those standards; or

(b) in any other case—be, or be of a kind, approved by CASA.

139.200 Checking of lighting systems

(1) The operator of a certified aerodrome must not put a new lighting system of a kind mentioned in subregulation (3) into service at the aerodrome if both of the following requirements are not met:

(a) an approved pilot has conducted a flight check of the system;

(b) an electrical engineer or a licensed electrician has checked the system for compliance with any applicable electrical specifications and technical standards set out in the Manual of Standards.

Penalty: 10 penalty units.

(2) If checking compliance with a specification requires the use of survey instruments, the operator must ensure that the checking is done by:

(a) a person with a degree, diploma or certificate in surveying or civil engineering; or

(b) a person with experience and competence in surveying that is acceptable to CASA.

Penalty: 10 penalty units.

(3) For subregulation (1), the kinds of lighting systems are as follows:

(a) an approach lighting system;

(b) a runway lighting system for instrument approach runways;

(c) a visual approach slope indicator system for jet‑propelled aircraft (other than a system intended for use on a temporary basis for a period not longer than 30 days);

(d) a pilot‑activated lighting system.

139.205 Aerodrome emergency committee

(1) The operator of a certified aerodrome must establish an aerodrome emergency committee.

Penalty: 10 penalty units.

(2) An offence against subregulation (1) is an offence of strict liability.

(3) The committee must include a representative from any fire, police or other emergency service that, having regard to the location of the aerodrome, would be likely to be asked to assist if there were an emergency at the aerodrome.

139.210 Aerodrome emergency plan

(1) The aerodrome emergency committee for a certified aerodrome must prepare an aerodrome emergency plan.

(2) The plan must include:

(a) procedures for coordinating the responses of all emergency service organisations referred to in the plan; and

(b) any other matters that are required to be included in the emergency plan by the Manual of Standards.

(3) The committee must review the emergency plan at least once a year and make any changes to the plan that are necessary to ensure that it operates properly.

(4) The review must be carried out in consultation with the emergency service organisations referred to in the emergency plan.

(5) As soon as practicable after an emergency exercise has been carried out at the aerodrome, or if an emergency has occurred at the aerodrome, as soon as practicable after the emergency, the operator of the aerodrome must arrange for the committee to:

(a) review the effectiveness of the responses to the exercise or the emergency; and

(b) assess the adequacy of the emergency plan to deal with emergencies at the aerodrome; and

(6) The operator must ensure that:

(a) records of each review of the emergency plan carried out under this regulation are kept; and

(b) each record is retained for at least 3 years after the review to which the record relates was carried out.

Penalty: 10 penalty units.

(7) An offence against subregulation (6) is an offence of strict liability.

139.215 Testing of aerodrome emergency plan

(1) Subject to this regulation, the operator of a certified aerodrome must conduct an emergency exercise at least once every 2 years to test:

(a) the coordination of the emergency service organisations referred to in the aerodrome’s emergency plan; and

(b) the adequacy of the procedures and facilities provided for in the plan.

Penalty: 10 penalty units.

(2) If a real emergency occurs at the aerodrome within 6 months before an emergency exercise is due, the operator may ask CASA to extend the period within which the next emergency exercise must be conducted.

(3) CASA must grant the request if it is satisfied that:

(a) all emergency service organisations referred to in the plan responded to the real emergency; and

(b) the real emergency adequately tested the plan.

(4) In granting the request, CASA may extend the period until the end of 2 years after the real emergency occurred.

139.220 Aerodrome serviceability inspections

(1) An aerodrome serviceability inspection is an inspection of the aerodrome to ensure that it is safe for aircraft operations.

(2) The inspection must include the following:

(a) an inspection of the movement area to check its surface condition (including for the presence of foreign objects);

(b) an inspection of aerodrome markings, lighting, wind direction indicators and ground signals;

(d) an inspection for any birds or animals on or near the movement area;

(e) an inspection of any measures to control the inadvertent entry of persons or animals into the movement area (including aerodrome fencing);

(f) an empirical assessment of the bearing strength of unrated runway pavements;

(g) an empirical assessment of the runway strip or each runway strip where the runway concerned is not marked and the whole runway strip may be used for aircraft operations;

(h) an inspection of the aerodrome’s frequency confirmation system (if any);

(i) a check of whether any NOTAMS for the aerodrome are current and accurate.

(3) The inspection must comply with all applicable standards for aerodrome serviceability inspections set out in the Manual of Standards.

139.225 When aerodrome serviceability inspections must be conducted

(1) The operator of a certified aerodrome must conduct an aerodrome serviceability inspection:

(a) on each day on which an airline service operates at the aerodrome; or

(b) in any other case—at least twice a week.

Penalty: 10 penalty units.

(2) An offence against subregulation (1) is an offence of strict liability.

(3) The operator of a certified aerodrome must also conduct an aerodrome serviceability inspection:

(a) after a gale, storm or other severe weather; and

(b) at any time that air traffic control or CASA requires the inspection.

Penalty: 10 penalty units.

139.230 Aerodrome technical inspections

(1) An aerodrome technical inspection is an inspection of aerodrome facilities for an aerodrome to ensure that any deterioration that could make a facility unsafe for aircraft operations is detected.

(2) The inspection must include the following:

(a) an instrument survey of the approach, take‑off and transitional surfaces;

(b) an inspection and testing of the aerodrome lighting and electrical reticulation systems, including the visual approach slope indicator;

(d) an inspection and assessment of the movement area pavements and drainage;

(e) an inspection of signs on the movement area;

(f) an inspection of facilities at the aerodrome used for any of the following:

(i) aerodrome emergencies;

(ii) the handling of hazardous materials;

(iii) bird and animal hazard management;

(iv) stand‑by and emergency aerodrome lighting;

(g) an inspection of airside vehicle control arrangements (if any);

(h) a check of the currency and accuracy of:

(i) aerodrome information published in AIP; and

(ii) aerodrome operating procedures specified in the aerodrome manual for the aerodrome.

(3) The inspection must comply with all applicable standards for aerodrome technical inspections set out in the Manual of Standards.

139.235 When aerodrome technical inspections must be conducted etc

(1) The operator of a certified aerodrome must ensure that:

(a) an aerodrome technical inspection is conducted at intervals of not more than 12 months; or

(b) if the operator has elected to have a part or parts of the inspection conducted at different times under subregulation (2), each facility for the aerodrome to be inspected is inspected at intervals of not more than 12 months.

Penalty: 10 penalty units.

(2) The operator may elect to have a part or parts of an aerodrome technical inspection conducted at different times from the other parts.

(3) If it appears from an aerodrome serviceability inspection that a particular facility at the aerodrome requires an aerodrome technical inspection, the operator must ensure that the necessary technical inspection of the facility is conducted as soon as practicable.

Penalty: 10 penalty units.

(4) The operator:

(a) must, if the operator has elected to have a part or parts of an aerodrome technical inspection conducted at different times under subregulation (2):

(i) keep records of each part of each inspection; and

(ii) retain each record for at least 3 years after the part of the inspection to which the record relates was conducted; or

(b) must, in any other case:

(i) keep records of each inspection; and

(ii) retain each record for at least 3 years after the inspection to which the record relates was conducted.

Penalty: 10 penalty units.

(5) An offence against subregulation (1) or (4) is an offence of strict liability.

139.240 Who may conduct aerodrome technical inspections

(1) The operator of a certified aerodrome must ensure that an aerodrome technical inspection is conducted by a person or persons with appropriate technical qualifications and experience.

Penalty: 10 penalty units.

(2) In particular:

(a) the movement area, other pavements and drainage must be inspected by a person who has a recognised degree, diploma or certificate in civil engineering or appropriate technical experience; and

(b) the lighting and electrical facilities must be inspected by an electrical engineer or a licensed electrician; and

(i) is technically qualified or experienced in surveying; and

(ii) has a sound knowledge and understanding of the standards and survey procedures for obstacle limitation surfaces.

139.245 Planning and execution of aerodrome works

(1) The operator of a certified aerodrome must ensure that any aerodrome works at the aerodrome are carried out in a way that does not create a hazard to aircraft, or confusion to pilots.

Penalty: 10 penalty units.

(2) The operator must comply with the standards set out in the Manual of Standards in relation to planning and notice requirements that must be satisfied before aerodrome works may be carried out.

Penalty: 10 penalty units.

139.250 Safety management system

(1) This regulation applies:

(a) to an aerodrome used by aircraft engaged in international operations—on and after 1 November 2005; and

(b) to any other certified aerodrome—on and after 1 January 2007.

(2) The operator of a certified aerodrome to which this regulation applies must ensure that the aerodrome has a safety management system that complies with the standards set out in the Manual of Standards.

Penalty: 10 penalty units.

Note: This regulation is based on an ICAO requirement that is to come into effect in November 2005.

Division 139.B.4—Aerodromes to which A‑SMGCS applies

139.251 Definition for Division 139.B.4

In this Division:

A‑SMGCS means Advanced Surface Movement Guidance and Control System, as defined in ICAO Document 9830 (Advanced Surface Movement Guidance and Control Systems (A‑SMGCS) Manual) approved and published by decision of the Council of the International Civil Aviation Organization, as in force from time to time.

139.252 Designation of aerodromes to which A‑SMGCS applies

(1) CASA may designate a certified aerodrome as an aerodrome to which A‑SMGCS applies.

(2) However, CASA may designate the aerodrome as an aerodrome to which A‑SMGCS applies only if:

(a) an ATS provider for the aerodrome:

(i) asks CASA to designate the aerodrome as an aerodrome to which A‑SMGCS applies; and

(ii) gives CASA a safety assessment demonstrating that the use of A‑SMGCS is necessary to ensure the safe control of aircraft and vehicles operating on the aerodrome’s manoeuvring area; and

(b) CASA is satisfied, on the basis of the safety assessment, that the use of A‑SMGCS is necessary to ensure the safe control of aircraft and vehicles operating on the aerodrome’s manoeuvring area.

(3) The designation must:

(a) be in writing; and

(b) set out the date it takes effect, which must be not less than 6 months after the day it is made.

(4) CASA must give a copy of the designation to:

(a) the operator of the aerodrome; and

(b) the ATS provider who made the request under paragraph (2)(a).

(5) If CASA:

(a) receives a request and safety assessment under paragraph (2)(a) for a certified aerodrome from an ATS provider for the aerodrome; and

(b) decides not to designate the aerodrome as an aerodrome to which A‑SMGCS applies;

CASA must tell the ATS provider, in writing, as soon as practicable, of the decision and the reasons for it.

139.254 Vehicles at aerodromes to which A‑SMGCS applies

(1) This regulation applies to an aerodrome that is designated as an aerodrome to which A‑SMGCS applies.

(2) The operator of the aerodrome commits an offence if the operator does not, before the designation takes effect:

(a) establish the procedures mentioned in subregulations (3) and (4); and

(b) publish the procedures in its aerodrome manual.

Penalty: 25 penalty units.

(3) The procedures must require any vehicle that enters, or moves on, the aerodrome’s manoeuvring area:

(a) to be fitted with:

(i) serviceable electronic surveillance equipment that meets the technical standards for the equipment published in the Manual of Standards; and

(ii) serviceable radiocommunications equipment capable of maintaining two‑way radio communication with air traffic control; or

(b) to be accompanied by another vehicle that meets the requirements mentioned in paragraph (a).

(4) The procedures must require the driver of a vehicle that is fitted with the equipment mentioned in paragraph (3)(a):

(a) to monitor the air traffic control radio frequency for surface traffic at all times that the vehicle is on the aerodrome’s manoeuvring area; and

(b) to communicate with air traffic control as necessary to ensure the safety of persons, vehicles and aircraft on the manoeuvring area.

(5) The operator commits an offence if, after the designation takes effect:

(a) the operator does not comply with the procedures mentioned in subregulations (3) and (4); or

(b) the operator does not ensure that a person who operates a vehicle on the aerodrome’s manoeuvring area complies with the procedures; or

(c) the operator does not ensure that a driver of a vehicle on the aerodrome’s manoeuvring area complies with the procedures.

Penalty: 25 penalty units.

(6) An offence against subregulation (2) or (5) is an offence of strict liability.

Subpart 139.C—Registered aerodromes

139.255 Definition for this Subpart

In this Subpart:

aerodrome register means the register established and maintained under regulation 139.275.

139.260 Application for registration of aerodrome

(1) The operator of an aerodrome (other than a aerodrome to which regulation 139.040 applies) may apply to CASA for registration of the aerodrome.

Note: See also regulation 139.030 for restrictions on the use of terminal instrument flight procedures.

(2) An application must be in the approved form and must be accompanied by:

(a) the information about the aerodrome required by Appendix 1 to this paragraph, including a diagram of the aerodrome in accordance with that Appendix; and

(b) a written statement, signed by a person approved under regulation 139.320, to the effect that:

(i) the person has conducted a safety inspection of the aerodrome; and

(ii) the aerodrome meets the applicable standards referred to in regulation 139.295 for registered aerodromes and is safe for operation; and

(3) Despite paragraph (2)(b), until the end of 1 May 2006, the statement mentioned in that paragraph may be given by a person who is not approved by CASA under regulation 139.320 but is a person CASA is satisfied meets the requirements of subregulation 139.320(2).

Appendix 1 to paragraph 139.260(2)(a) (Diagram and information for application for registration of aerodrome)

(1) The diagram of the aerodrome must show the following:

(a) the layout of runways, their designations (runway numbers) and length in metres;

(b) the layout of taxiways and aprons;

(d) the location of all wind direction indicators;

(e) the elevation of the aerodrome at the highest point of the landing surface;

(f) the magnetic bearing and distance to the nearest population centre, and what that centre is.

(2) The information about the aerodrome must include:

Aerodrome administration

(a) the following information about the aerodrome and its administration:

(i) the name of the aerodrome;

(ii) the name of the aerodrome operator and the address and telephone numbers at which the aerodrome operator may be contacted at all times;

(iii) the State or Territory in which the aerodrome is located and the latitude and longitude for the location;

(iv) whether the aerodrome is a public or private aerodrome;

(v) the charges for use of the aerodrome;

(vi) the name and contact details for the persons who are to be the reporting officers for the aerodrome; and

Runways

(b) the following information for each runway at the aerodrome:

(i) the runway reference code number for the approach and take‑off areas that have been surveyed;

(ii) runway width and slope;

(iii) runway strip width (grade and overall);

(iv) declared distances and supplementary take‑off distances;

(v) pavement strength rating; and

Aerodrome lighting

(i) whether the runway edge lights are low, medium or high intensity lights;

(ii) whether approach lighting is provided;

(iii) whether pilot‑activated lighting is provided and, if pilot‑activated lighting is provided, its frequency;

(iv) whether T‑VASIS or PAPI lighting systems are provided;

(v) whether there is an aerodrome beacon;

(vi) whether there is stand‑by power or portable lighting;

(vii) information about any other lighting provided; and

Ground services

(d) the following information about ground services available to visiting pilots:

(i) the types of aviation fuel available and contact details for fuel suppliers;

(ii) contact details for local weather information;

(iii) details of the universal communication system; and

Special procedures

(e) information about any special procedures that pilots need to observe or follow; and

Notices

(f) the following local safety information:

(i) the presence of obstacles or other hazards (including animals or birds);

(ii) restrictions on the use of taxiways or aprons;

(iii) other activities at the aerodrome (for example, sport aviation activities).

139.265 Registration of aerodromes

CASA must, if the operator of an aerodrome has applied for registration of the aerodrome in accordance with regulation 139.260:

(a) register the aerodrome by entering the following information about the aerodrome in the aerodrome register:

(i) the name of the aerodrome;

(ii) the details of the location of the aerodrome;

(iii) the name and address of the operator; and

(b) tell the operator, in writing, that the aerodrome is registered; and

(c) direct AIS to publish in AIP‑ERSA details of the registration and the information about the aerodrome required by Appendix 1 to paragraph 139.260(2)(a).

139.270 Notice of refusal to register aerodrome

If CASA refuses to register an aerodrome, CASA must, no later than 14 days after it refuses to register the aerodrome, give the operator of the aerodrome written notice of the refusal and the reasons for it.

139.275 Register

(1) CASA must establish and keep, in the approved form, a register of aerodromes registered under this Subpart.

(2) CASA must make the aerodrome register available for inspection by members of the public at reasonable times and places, and subject to reasonable conditions.

(3) CASA may comply with subregulation (2) by making the information recorded in the aerodrome register accessible on the Internet.

(4) CASA must alter the information recorded in the aerodrome register if that information is not up to date.

(5) CASA must correct the information in the aerodrome register if there is an error in that information.

139.280 Duration of registration

(1) The registration of an aerodrome remains in force unless it is cancelled.

(2) However, the registration is not in force during any period in which it is suspended.

139.285 Cancellation of registration on request

(1) If the operator of a registered aerodrome wishes the registration of the aerodrome to be cancelled, the operator must give CASA not less than 30 days’ written notice of the date on which the operator wishes the registration to be cancelled.

(2) CASA must cancel the registration on the date specified in the notice and arrange for:

(a) the cancellation to be notified in NOTAMS; and

(b) details of the registration and any other information about the aerodrome to be removed from AIP‑ERSA.

139.290 Suspension or cancellation of registration by CASA

(1) CASA may, by written notice given to the operator of a registered aerodrome, suspend or cancel the registration of the aerodrome if there are reasonable grounds for believing that:

(a) the aerodrome fails to meet any of the standards applicable to the aerodrome under regulation 139.295; or

(b) the operator of the aerodrome has failed to comply with regulation 139.025, 139.300, 139.305, 139.310 or 139.315.

(2) Before suspending or cancelling the registration of an aerodrome, CASA must:

(a) give to the operator a show cause notice that:

(i) sets out the facts and circumstances that, in the opinion of CASA, would justify the suspension or cancellation; and

(ii) invites the operator to show cause, in writing, within 30 days after the date of the notice, why the registration should not be suspended or cancelled; and

(b) take into account any written submissions that the operator makes to CASA within the time allowed under subparagraph (a)(ii).

139.295 Applicable standards for registered aerodromes

The standards applicable to registered aerodromes are:

(a) the standards applicable to certified aerodromes in relation to the following matters:

(i) physical characteristics of the movement area;

(ii) obstacle limitation surfaces;

(iii) aerodrome markings;

(iv) lighting;

(v) wind direction indicators;

(vi) signal circle and ground signals; and

(b) any other standards set out in the Manual of Standards that are applicable to registered aerodromes.

139.300 Reporting officer

(1) The operator of a registered aerodrome must appoint 1 or more reporting officers for the aerodrome.

(2) The functions of a reporting officer are:

(a) to monitor the serviceability of the aerodrome in accordance with the Manual of Standards; and

(b) to report to the NOTAM Office and air traffic control any changes in conditions, or any other occurrences, at the aerodrome that must be reported under regulation 139.305.

(3) The operator must not appoint a person as a reporting officer if the person has not been trained, in accordance with the Manual of Standards, to perform the reporting officer’s functions.

139.305 Notice of changes in physical condition etc of aerodrome

(1) The operator of a registered aerodrome must, in accordance with the Manual of Standards, give notice to the NOTAM Office of:

(a) any temporary or permanent change in the physical condition of the aerodrome that may affect the safety of aircraft; or

(b) any other occurrence relating to the operation or maintenance of the aerodrome that may affect the safety of aircraft.

(2) If the aerodrome is a controlled aerodrome, the notice must also be given to air traffic control.

139.310 Notice of changes in information published in AIP‑ERSA

To maintain the accuracy of the information published in AIP‑ERSA in relation to a registered aerodrome, the operator of the aerodrome must tell AIS, in writing, as soon as practicable of any change required to that information (other than a change that is published in NOTAMS).

139.315 Safety inspections

(1) This regulation applies to a registered aerodrome that is used by an aircraft that:

(a) is engaged in regular public transport operations or charter operations; and

(b) has a maximum passenger seating capacity of more than 9 seats.

(2) The operator of the aerodrome must arrange for a safety inspection of the aerodrome to be conducted at least once each year.

(3) The safety inspection must be conducted by a person approved under regulation 139.320.

(4) The approved person must give the operator a written report that:

(a) deals with the matters set out in Appendix 1 to this paragraph; and

(b) specifies any remedial work that is necessary for the aerodrome to comply with the applicable standards.

(5) Within 30 days after receiving the report, the operator must give to CASA:

(a) a copy of the report; and

(b) if the report specifies any remedial work as being necessary—a statement as to when and how the operator intends to do the remedial work.

(6) Despite subregulation (3), until the end of 1 May 2006, the safety inspection may be conducted by a person who is not approved by CASA under regulation 139.320 but met the requirements of Part 1 of Schedule 11 of CAR as in force immediately before that commencement.

Appendix 1 to paragraph 139.315(4)(a) (Matters to be dealt with in safety inspections)

Details of aerodrome

(1) Check that the following details relating to the aerodrome, published in AIP‑ERSA or given to air transport operators, are correct:

(a) details of the location of the aerodrome;

(b) the name and address of the aerodrome operator;

(d) details of runway distances available;

(e) details of the aerodrome lighting;

(f) details of ground services;

(g) notice of special conditions and procedures, if any.

Aerodrome operating procedures

(2) Check aerodrome operating procedures to ensure that the following matters are dealt with:

(a) recording of aerodrome inspections;

(b) recording of notices given to the NOTAM Office and AIS or to air transport operators;

Reporting officer

(3) Check that each person appointed as a reporting officer is competent to carry out the reporting officer’s functions.

Details relating to movement area etc

(4) Check the following:

(a) dimensions and surface conditions of runways, taxiways and aprons;

(b) aerodrome lighting, including back‑up lighting and obstacle lighting;

(d) aerodrome markings and signs;

(e) obstacle limitation surfaces applicable to the aerodrome;

(f) two‑way radios (whether hand‑held or installed in vehicles) used by the aerodrome operator on the movement area;

(g) equipment used for dispersing birds;

(h) aerodrome fencing.

139.320 Approval of persons to conduct aerodrome safety inspections

(1) A person may apply to CASA for approval to conduct aerodrome safety inspections for this Subpart.

Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030.

Note 2: Part 11 deals with applications and decision making.

(2) Subject to regulation 11.055, CASA must approve the person if CASA is satisfied that the person:

(a) has:

(i) a recognised degree, diploma or certificate in civil engineering, surveying or a related field and a sound knowledge of the parts of these Regulations and the standards, practices and procedures that are applicable to the operation and maintenance of aerodromes; or

(ii) other qualifications, knowledge and experience that CASA considers suitable for conducting an aerodrome safety inspection; and

(b) would, if the approval is given, be able to perform properly the aerodrome safety inspection function.

Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:

(a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or

(b) a decision imposing a condition on an approval.

139.325 Duration of approval

(1) Unless sooner cancelled, an approval under regulation 139.320 remains in force until the end of 5 years after it is given.

(2) An approval is not in force during any period in which it is suspended, but the period of suspension counts as part of the 5 year approval period.

139.330 Suspension or cancellation of approval by CASA

(1) CASA may suspend or cancel an approval of a person under regulation 139.320, by written notice given to the person, if the person has not properly carried out, or is no longer properly carrying out, the aerodrome safety inspection function.

(2) Before cancelling or suspending the approval, CASA must:

(a) give the person written notice:

(i) stating the reasons that, in the opinion of CASA, would justify the cancellation or suspension; and

(ii) advising the person that he or she may, within 30 days after the date of the notice, give CASA written reasons why the approval should not be suspended or cancelled; and

(b) take into account any written reasons given to it by the person within the time allowed under subparagraph (a)(ii).

Subpart 139.D—Reporting officer and safety inspection requirements for certain other aerodromes

139.335 Aerodromes to which this Subpart applies

(1) This Subpart applies to an aerodrome that:

(a) is not a certified aerodrome or a registered aerodrome; and

(b) is used at least once a week by an aircraft that:

(i) is engaged in regular public transport operations or charter operations; and

(ii) has a maximum passenger seating capacity of more than 9 seats but not more than 30 seats.

(2) To establish the applicability of this Subpart to an aerodrome, CASA may direct the operator of the aerodrome to give to CASA statistics about the number of movements at the aerodrome, in a specified period, of aircraft to which subparagraphs (1)(b)(i) and (ii) apply.

(3) An aerodrome operator must comply with a direction given to the operator under subregulation (2).

Penalty: 10 penalty units.

139.340 Reporting officer

(1) The operator of an aerodrome to which this Subpart applies must appoint 1 or more reporting officers for the aerodrome.

Penalty: 10 penalty units.

(2) An offence against subregulation (1) is an offence of strict liability.

(3) The functions of a reporting officer are:

(a) to monitor the serviceability of the aerodrome in accordance with the Manual of Standards; and

(b) to report to the operators that use the aerodrome any changes in conditions, or any other occurrences, at the aerodrome that may affect the safety of aircraft operations.

(4) The operator must not appoint a person as a reporting officer if the person has not been trained, in accordance with the Manual of Standards, to perform the reporting officer’s functions.

Penalty: 10 penalty units.

139.345 Safety inspections

(1) The operator of an aerodrome to which this Subpart applies must arrange for a safety inspection of the aerodrome to be conducted at least once each year.

Penalty: 10 penalty units.

(2) An offence against subregulation (1) is an offence of strict liability.

(3) The safety inspection must be conducted by a person approved, under regulation 139.320, to conduct safety inspections for Subpart 139.C.

Penalty: 10 penalty units.

(4) The approved person must give the operator a written report that:

(a) deals with the matters set out in Appendix 1 to this paragraph; and

(b) specifies any remedial work that is necessary for the aerodrome to comply with the applicable standards.

(5) Within 30 days after receiving the report, the operator must give to CASA:

(a) a copy of the report; and

(b) if the report specifies any remedial work as being necessary—a statement as to when and how the operator intends to do the remedial work.

Penalty: 10 penalty units.

(6) Despite subregulation (3), until the end of 1 May 2006, the safety inspection may be conducted by a person who is not approved by CASA under regulation 139.320 but is a person CASA is satisfied meets the requirements of subregulation 139.320(2).

Appendix 1 to paragraph 139.345(4)(a) (Matters to be dealt with in safety inspections)

Details of aerodrome

(1) Check that the following details relating to the aerodrome, published in AIP‑ERSA or given to air transport operators, are correct:

(a) details of the location of the aerodrome;

(b) the name and address of the aerodrome operator;

(d) details of runway distances available;

(e) details of the aerodrome lighting;

(f) details of ground services;

(g) notice of special conditions and procedures, if any.

Aerodrome operating procedures

(2) Check aerodrome operating procedures to ensure that the following matters are dealt with:

(a) recording of aerodrome inspections;

(b) recording of notices given to the NOTAM Office and AIS or to air transport operators;

Reporting officer

(3) Check that each person appointed as a reporting officer is competent to carry out the reporting officer’s functions.

Details relating to movement area etc

(4) Check the following:

(a) dimensions and surface conditions of runways, taxiways and aprons;

(b) aerodrome lighting, including back‑up lighting and obstacle lighting;

(d) aerodrome markings and signs;

(e) obstacle limitation surfaces applicable to the aerodrome;

(f) two‑way radios whether hand‑held or installed in vehicles used by the aerodrome operator on the movement area;

(g) equipment used for dispersing birds;

(h) aerodrome fencing.

Subpart 139.E—Obstacles and hazards

139.350 Monitoring of airspace

(1) The operator of a certified aerodrome or a registered aerodrome must monitor the airspace around the aerodrome for infringement of the obstacle limitation surfaces by:

(a) any object, building or structure; or

(b) any gaseous efflux having a velocity exceeding 4.3 metres per second.

(2) The monitoring must be in accordance with the standards set out in the Manual of Standards.

139.355 Establishment of obstacle limitation surfaces

An aerodrome operator must ensure that obstacle limitation surfaces are established for the aerodrome in accordance with the standards set out in the Manual of Standards.

139.360 Notice of obstacles

(1) An aerodrome operator must take all reasonable measures to ensure that obstacles at, or within the vicinity of, the aerodrome are detected as quickly as possible.

(2) If the operator becomes aware of the presence of an obstacle, the operator must:

(a) tell the NOTAM Office immediately; and

(b) give the NOTAM Office details of:

(i) the height and location of the obstacle; and

(ii) amended declared distances and gradients, if applicable.

Penalty: 10 penalty units.

(3) If the operator becomes aware of any development or proposed construction near the aerodrome that is likely to create an obstacle, the operator must:

(a) tell CASA as soon as practicable; and

(b) give to CASA details of the likely obstacle.

Penalty: 10 penalty units.

139.365 Structures 110 metres or more AGL

A person who proposes to construct a building or structure the top of which will be 110 metres or more AGL must inform CASA of that intention and the proposed height and location of the building or structure.

Penalty: 10 penalty units.

139.370 Hazardous objects etc

(1) CASA may determine, in writing, that:

(a) an obstacle, or any proposed development or other proposed construction that is likely to create an obstacle; or

(b) a building or structure the top of which is 110 metres or more AGL; or

is, or will be, a hazardous object because of its location, height or lack of marking or lighting.

(2) CASA may determine, in writing, that a gaseous efflux having a velocity exceeding 4.3 metres per second is, or will be, a hazard to aircraft operations because of the velocity or location of the efflux.

(3) If CASA makes a determination under subregulation (1) or (2), it must:

(a) publish in AIP or NOTAMS particulars of the hazardous object or gaseous efflux to which the determination relates; and

(b) give written notice of the determination in accordance with subregulation (4).

(4) CASA must give a copy of the notice:

(a) in the case of a hazardous object that is a proposed building or structure:

(i) to the person proposing to construct the building or structure; and

(ii) to the authority or, if applicable, one or more of the authorities whose approval is required for the construction; and

(b) in any other case, if a person who owns or is in occupation or control of the hazardous object, or owns or is in control of the installation that produces the gaseous efflux, can reasonably be identified—to that person.

Subpart 139.F—Aerodrome radio communication services

Division 139.F.1—General

139.375 Aerodrome operators to collect statistics if directed

(1) If CASA considers it necessary in the interests of the safety of air navigation, CASA may, in writing, give directions to an aerodrome operator about collecting:

(a) statistics about:

(i) the types of aircraft using the aerodrome; and

(ii) the times of aircraft movements at the aerodrome; and

(b) other information, specified by CASA in the direction, that is relevant to deciding what radio communication services or air traffic services should be provided at the aerodrome.

(2) An aerodrome operator must comply with a direction given to the operator under subregulation (1).

Penalty: 10 penalty units.

Division 139.F.2—Frequency confirmation system

139.380 Definitions for Division 139.F.2

In this Division:

frequency confirmation system means a ground radio system at an aerodrome that, if it receives a transmission from an aircraft on the radio frequency for the aerodrome, sends a signal or message to the aircraft confirming that the transmission has been received.

non‑controlled aerodrome means an aerodrome at which an air traffic control service is not operating.

139.385 Aerodromes that must have a frequency confirmation system

(1) The operator of a non‑controlled aerodrome must ensure that there is a frequency confirmation system for the aerodrome in accordance with subregulation (2) if:

(a) the aerodrome is located in an MBZ; or

(b) the aerodrome is used at least 5 times a week by aircraft that:

(i) are engaged in regular public transport operations or charter operations; and

(ii) have a maximum passenger seating capacity of more than 9 seats.

Penalty: 10 penalty units.

(2) The frequency confirmation system must comply with the standards for frequency confirmation systems set out in the Manual of Standards.

Division 139.F.3—Air/ground radio service

139.390 Definitions for Division 139.F.3

In this Division:

AAIS (automatic aerodrome information service) means the service that provides current, routine information for aircraft arriving at or departing from an aerodrome by means of repetitive broadcasts on a discrete frequency.

air/ground radio service means an aerodrome radio information service that provides aircraft operating in the MBZ of an aerodrome with the services and information specified in section 14.2 of the Manual of Standards.

certified air/ground radio operator, or CA/GRO, means a person who is certified as a CA/GRO under regulation 139.430.

certified air/ground radio service, or CA/GRS, in relation to an aerodrome, means an air/ground radio service for the aerodrome certified in accordance with regulation 139.410.

139.395 Air/ground radio service must be certified

(1) The operator of an aerodrome must not operate, or permit to be operated, at the aerodrome an air/ground radio service that is not a CA/GRS.

Penalty: 10 penalty units.

(2) An offence against subregulation (1) is an offence of strict liability.

(3) Subregulation (1) does not apply if the operator has CASA’s written approval to operate the service for the purpose of conducting tests necessary to determine whether the service meets the standards for a CA/GRS set out in the Manual of Standards.

139.400 Direction by CASA to provide CA/GRS

(1) CASA may direct the operator of an aerodrome to provide a CA/GRS at the aerodrome.

(2) CASA must not give a direction under subregulation (1) unless an aeronautical study for the aerodrome has found that a CA/GRS is required at the aerodrome for the safety of air navigation.

(3) An operator must comply with a direction given to the operator under subregulation (1).

Penalty: 10 penalty units.

139.405 Voluntary provision of CA/GRS

An aerodrome operator who has not been given a direction under regulation 139.400 may provide a CA/GRS at the aerodrome.

139.410 Certification of air/ground radio service

(1) The operator of an aerodrome may ask CASA to certify an air/ground radio service for the aerodrome as meeting the standards for a CA/GRS set out in the Manual of Standards.

(2) A request must be made to CASA in accordance with the Manual of Standards.

(3) If the operator asks CASA to certify an air/ground radio service under this regulation, or because of a direction under regulation 139.400, CASA must certify the service if it meets the standards for a CA/GRS set out in the Manual of Standards.

139.415 General obligations of aerodrome operator

The operator of an aerodrome that has a CA/GRS must ensure that:

(a) the CA/GRS is provided with the facilities required for a CA/GRS by the Manual of Standards; and

(b) only a CA/GRO operates the CA/GRS; and

(c) if the aerodrome is a certified aerodrome—the aerodrome manual for the aerodrome includes the operational procedures for the CA/GRS; and

(d) the CA/GRS is operated in accordance with regulation 139.420.

Penalty: 10 penalty units.

139.420 When CA/GRS must be operating

(1) The CA/GRS must be operating for the arrival and departure of an aircraft that:

(a) is engaged in regular public transport operations or charter operations; and

(b) has a maximum passenger seating capacity of more than 30 seats.

(2) Subregulation (1) does not apply if:

(a) an air traffic control service is operating at the aerodrome; or

(b) an exemption from the requirement is in effect under regulation 11.160.

(3) Also, subregulation (1) does not apply for the limited period mentioned in subregulation (4) if:

(a) the CA/GRO is absent from duty because of sickness or injury; or

(b) the CA/GRS is unserviceable.

(4) The limited period is the lesser of:

(a) 7 days; and

(b) the period of the absence from duty or the unserviceability.

139.425 Information about operating hours to be given to NOTAM Office

(1) The operator of an aerodrome that has a CA/GRS must give the NOTAM Office the following information, in writing:

(a) the hours of operation of the CA/GRS;

(b) the radio frequency and the call‑sign of the CA/GRS;

Penalty: 10 penalty units.

(2) An offence against subregulation (1) is an offence of strict liability.

(3) If the CA/GRS becomes unavailable at the hours of operation notified under paragraph (1)(a), the operator must tell the NOTAM Office as soon as practicable.

Penalty: 10 penalty units.

139.430 Certified air/ground radio operators

(1) A person may apply to CASA for certification as a CA/GRO.

(2) The application must be made to CASA in accordance with the Manual of Standards.

(3) Subject to regulation 11.055, on receiving an application under this regulation, CASA must grant the application if the applicant meets the standards for a CA/GRO set out in the Manual of Standards.

139.435 Offences

(1) When a CA/GRO is providing a CA/GRS, he or she must not perform any other duties that are unrelated to the provision of the CA/GRS.

Penalty: 5 penalty units.

(2) The operator of an aerodrome must not allow a CA/GRO to provide a CA/GRS at the aerodrome if:

(a) the CA/GRO:

(i) has consumed any alcohol in the 8 hours before the service is to be provided; or

(ii) is suffering from an incapacity that is likely to impair his or her efficiency in providing the service; and

(b) the operator knows of that fact.

Penalty: 5 penalty units.

Subpart 139.H—Aerodrome rescue and firefighting services

Note: As a signatory to the Chicago Convention, Australia is obliged to require, as part of its domestic law, that certain classes of airport provide rescue and firefighting services of an adequate standard. (See generally section 9.2 of chapter 9 of Annex 14 to the Chicago Convention.) To satisfy that obligation, this Subpart requires operators of aerodromes that have scheduled international traffic, or specified levels of domestic passenger traffic, to provide those services, and sets out the standards that apply to such services. Aerodromes that are not obliged to provide an ARFFS may choose to do so, and this Subpart will apply to a service so provided until the operator gives reasonable notice that it will no longer provide such a service.

Division 139.H.1—General

139.700 Applicability of this Subpart

(1) This Subpart applies to aerodrome rescue and firefighting services.

(2) This Subpart sets out:

(a) how a person receives approval as a provider of an aerodrome rescue and firefighting service; and

(b) the operating and technical standards applicable to such a service.

Note: In addition to the provisions of this Subpart, Part 11 contains provisions relating to an application for approval as a provider of an aerodrome rescue and firefighting service.

(3) This Subpart does not apply to:

(a) a person who is providing an aerodrome rescue and firefighting service in the course of his or her duties for the Defence Force; or

(b) any aerodrome rescue and firefighting service provided by the Defence Force.

139.705 Definitions for this Subpart

(1) In this Subpart:

airside of an aerodrome has the same meaning as airside of an airport in the Airports Act 1996.

ARFFS means aerodrome rescue and fire‑fighting service.

ARFFS operation means an operation undertaken in carrying out a function mentioned in paragraph 139.710(1)(a) or (b).

ARFFS provider for an aerodrome means the person or organisation that provides ARFFS for the aerodrome.

category of an aerodrome means its category worked out by the method set out in section 9.2 of chapter 9 of Annex 14 to the Chicago Convention.

ERSA means the part of AIP known as En Route Supplement Australia.

Manual of Standards means the document called ‘Manual of Standards (MOS) – Subpart 139.H’ issued by CASA under regulation 139.712, as in force from time to time.

(2) A reference in this Subpart to an AFC certificate of a particular level is a reference to:

(a) a certificate of that level issued under the Australian Fire Competencies Scheme (that is, the training scheme administered by the Australian Fire Authorities Council); or

(b) a certificate accepted by CASA as indicating that the certificate holder has successfully completed a training program of a standard equivalent to that required for the issue of an AFC certificate of that level.

139.710 Functions of ARFFS

(1) The functions of an ARFFS for an aerodrome are:

(a) to rescue persons and property from an aircraft that has crashed or caught fire during landing or take‑off; and

(b) to control and extinguish, and to protect persons and property threatened by, a fire on the aerodrome, whether or not in an aircraft.

(2) Nothing in subregulation (1) prevents the ARFFS provider for an aerodrome from performing fire control services or rescue services elsewhere than on an aerodrome, but the provider must give priority to operations mentioned in subregulation (1).

139.711 Person not to provide service without approval

(1) A person must not provide an ARFFS at an aerodrome unless the person is approved, under Division 139.H.5, to provide the ARFFS.

Penalty: 50 penalty units.

(2) An offence against subregulation (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

139.712 Issue of Manual of Standards

(1) CASA may issue a Manual of Standards for this Subpart that provides for the following matters:

(a) standards and criteria for the establishment and disestablishment of an ARFFS;

(b) standards relating to the procedures, systems and documents required for the provision of an ARFFS;

(d) standards, including competency standards, minimum qualifications and training standards, for persons engaged in an ARFFS;

(e) any matter required or permitted by these Regulations to be provided for by the Manual of Standards;

(f) any matter necessary or convenient to be provided for the effective operation of this Subpart.

Note: A Manual of Standards is a legislative instrument—see subsections 98(5A) and (5B) of the Act. It must be registered in accordance with the Legislation Act 2003 and must be tabled in both Houses of the Parliament within 6 sitting days after its making.

(2) CASA must give a copy of a notice about a Manual of Standards for this Subpart (being a notice referred to in subregulation 11.275(3) or regulation 11.280) to each ARFFS provider.

Note: Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS.

139.715 Effect of Manual of Standards

(1) If CASA sets out, in the Manual of Standards, a way of complying with a requirement of this Subpart, an ARFFS provider who uses that way is taken to have complied with the requirement unless the contrary is shown.

(2) CASA may take the extent to which an ARFFS provider complies with the Manual into account in deciding whether the service provided by the provider is adequate.

Division 139.H.3—Requirements to be complied with by ARFFS provider

139.750 Requirements in this Division

A requirement in this Division for there to be a system or procedure to do something is a requirement that the system or procedure:

(a) must exist; and

(b) must be in use.

139.755 Definition for Division—applicable standards and requirements

(1) In this Division:

applicable standards and requirements, for an aerodrome of a particular category, means:

(a) for an aerodrome to which subregulation (2) applies—the standards and requirements for an aerodrome of its category set out in:

(i) Chapter 9 of Annex 14 to the Chicago Convention; and

(ii) the Manual of Standards; or

(b) for any other aerodrome—the standards and requirements for an aerodrome of its category set out in the Manual of Standards.

(2) This subregulation applies to:

(a) an aerodrome from or to which an international passenger air service operates; and

(b) any other aerodrome through which more than 350 000 passengers passed on air transport flights during the previous financial year.

(3) In paragraph (2)(a):

international passenger air service means:

(a) an international air service (within the meaning given by subsection 3(1) of the Air Navigation Act 1920) that carries passengers, other than a non‑scheduled service (within the meaning given by that subsection); or

(b) a non‑scheduled passenger‑carrying flight, or program of non‑scheduled passenger‑carrying flights, carried out under a permission granted under section 15D of the Air Navigation Act 1920; or

(c) a non‑scheduled passenger‑carrying flight, or program of non‑scheduled passenger‑carrying flights, in a category in respect of which the Secretary to the Department has determined, under subsection 15A(3) of that Act, that such a permission is not required.

(4) For paragraph (2)(b), the number of passengers that pass through an aerodrome is to be determined according to statistics published by the Department.

Note: Department means the Department administered by the Minister who administers these Regulations (see section 19A of the Acts Interpretation Act 1901 as it applies because of section 13 of the Legislation Act 2003).

139.760 Inconsistency between Manual and chapter 9 of Annex 14

If a requirement of the Manual of Standards, as it applies to a particular aerodrome, is inconsistent with a requirement of chapter 9 of Annex 14 to the Chicago Convention, as it applies to that aerodrome, the requirement of the Manual prevails to the extent of the inconsistency.

139.765 Knowledge, equipment and expertise to deal with aviation hazards

An ARFFS provider must have the knowledge, equipment and expertise to deal with any hazard likely to arise during an aviation accident or incident, including any hazard mentioned in the Manual of Standards.

139.770 General obligation to maintain service

(1) An ARFFS provider must ensure that the service is available during the period or periods published in ERSA as the period or periods of its availability.

(2) Subregulation (1) does not prevent the level of protection provided during predictable periods of reduced activity at the aerodrome from being reduced, within the limit allowed by Chapter 9 of Annex 14 to the Chicago Convention.

139.771 Response time of ARFFS

(1) An ARFFS must be able to meet the criteria for response time set out in Chapter 9 of Annex 14 to the Chicago Convention.

(2) Subregulation (1) applies to an ARFFS whether or not Annex 14 to the Chicago Convention applies to the ARFFS.

139.772 Buildings and emergency facilities

(1) An ARFFS provider for an aerodrome to which subregulation 139.755(2) applies must ensure that the necessary buildings and facilities for the service, including the following, are at the aerodrome:

(a) a fire station;

(b) communications facilities;

(d) training facilities;

(e) storage facilities;

(f) if there is a body of water within 1 000 metres of a runway threshold—a boat ramp and boat launching facilities.

(2) The ARFFS provider must ensure that those buildings and facilities comply with any applicable requirements (including requirements as to location) in the Manual of Standards.

(3) The ARFFS provider must ensure that there is a facility, in accordance with the requirements of the Manual of Standards, for replenishing the water supply of a fire fighting vehicle.

(4) The ARFFS provider must ensure that there are the appropriate emergency roads on the aerodrome in accordance with the requirements of the Manual of Standards.

(5) An ARFFS provider must ensure that there are, at an aerodrome other than one to which subregulation 139.755(2) applies, the following facilities:

(a) a standby point for an emergency vehicle that will allow the vehicle to achieve the response time required by the Manual of Standards;

(b) storage for a reserve stock of extinguishing agents.

139.773 Officer in charge

(1) An ARFFS provider must appoint, as officer in charge of ARFFS operations for an aerodrome, a person who is based at the aerodrome and who holds:

(a) for an aerodrome categorised as Category 6 or above—an AFC Advanced Diploma that meets the standards in the Manual of Standards; or

(b) for an aerodrome categorised as Category 5 or below—an AFC Diploma that meets the standards in the Manual of Standards.

(2) In paragraphs (1)(a) and (b):

AFC means Australian Fire Competencies.

139.775 Notice about times service is available etc

(1) An ARFFS provider must ensure that notice is published in ERSA of the hours during which the service is available.

(2) If for some reason (such as an emergency on the aerodrome) it becomes temporarily impossible to provide an ARFFS to the standard required by this Subpart, the provider must tell the Australian NOTAM Office:

(a) of the reduction in the service; and

(b) how long it is likely to be before the full service is restored.

(3) The provider must tell CASA in writing of any proposed reduction in the standard of service that:

(a) will last longer than 24 hours; or

(b) reduces the standard of ARFFS provided at the airport concerned to a greater extent than is permissible under Chapter 9 of Annex 14 to the Chicago Convention.

139.780 Agreements with other fire fighting bodies

(1) An ARFFS provider may make an arrangement:

(a) for an aerodrome that is a joint user airport (within the meaning of the Airports Act 1996)—with the Defence Force for the provision of the ARFFS provider’s services to the Defence Force for the part of the aerodrome under the control of the Force; or

(b) with a State or Territory, or another person or body, for the services of the provider for firefighting or rescue in the State or Territory beyond the airside of the aerodrome concerned.

(2) If a provider makes such an arrangement, the provider must ensure that it is recorded in writing.

139.785 Stock of fire extinguishing agents

(1) There must be, on the aerodrome, a stock of fire‑extinguishing agents of the kind or kinds, and meeting the performance standards, required by the applicable standards and requirements.

(2) The fire‑extinguishing agents must be held in at least the quantities required by those standards and requirements.

139.795 Extinguishing equipment and vehicles

(1) There must be, on the aerodrome, vehicles and equipment for delivering extinguishing agent onto a fire.

(2) There must be at least as many vehicles, and at least as much equipment, as required by the applicable standards and requirements.

(3) Each vehicle or piece of equipment:

(a) must be capable of delivering extinguishing agent onto a fire at at least the rate required by the applicable standards and requirements; and

(b) must have at least the performance (in other respects) required by those standards and requirements.

(4) The vehicles must carry ancillary equipment in accordance with the applicable standards and requirements.

(5) Each vehicle and piece of equipment must be in good working order.

(6) The vehicles must be of a colour permitted by the applicable standards and requirements.

(7) The provider must keep maintenance instructions for each vehicle and each piece of the equipment, including all the information necessary to permit an appropriately qualified and technically competent person to carry out maintenance, performance monitoring, defect reporting, fault reporting and record‑keeping on or for the vehicle or equipment.

139.800 Other vehicles and equipment

(1) There must be, at the aerodrome, enough vehicles and equipment (other than vehicles and equipment for delivering extinguishing agent onto a fire) to provide the service, in accordance with the applicable standards and requirements.

(2) The performance of the vehicles and equipment must be in accordance with the applicable standards and requirements.

(3) The vehicles must carry ancillary equipment in accordance with the applicable standards and requirements.

(4) The provider must keep maintenance instructions for each piece of the provider’s equipment, including all the information necessary to permit a technically competent person to carry out maintenance, performance monitoring, defect reporting, fault reporting and record‑keeping on or for the equipment.

139.805 Vehicles and equipment for firefighting and rescue in difficult environments

(1) If a significant proportion of aircraft movements at the aerodrome take place over water, swamp or another difficult environment, there must be appropriate vehicles, boats and equipment for firefighting and rescue in that environment within 1 000 metres of the threshold of each runway.

(2) The vehicles, boats and equipment must be in at least the numbers and quantity required by the applicable standards and requirements.

(3) The vehicles and boats must be of a colour required or permitted by the applicable standards and requirements.

139.810 Commissioning of certain equipment

An ARFFS provider must not begin to use a piece of operational equipment for the purpose of an ARFFS unless the equipment has been approved by CASA as conforming to specifications and any applicable standards, in accordance with the operator’s aerodrome manual, and any applicable standards or requirements in the Manual of Standards.

139.815 Protective clothing and equipment

At the aerodrome there must be, for the firefighters and rescue personnel:

(a) protective clothing that complies with:

(i) if there is a relevant Australian Standard (as in force immediately before this regulation commences)—that Standard; or

(ii) if there is no such Australian Standard—any relevant internationally recognised standard;

in at least the quantity required by the applicable standards and requirements; and

(b) other protective equipment in the quantity required by, and of a kind in accordance with, those standards and requirements.

139.820 Communications

(1) There must be, on the aerodrome, sufficient communications equipment available to provide communication during an ARFFS operation.

(2) The vehicles used for the service must carry suitable communications equipment.

(3) A person who is required to operate the equipment must hold an aeronautical radio operator certificate.

(4) The equipment must not interfere, when in use, with communications equipment used by the air traffic service at the aerodrome.

139.825 Test and maintenance equipment

(1) The provider must have the necessary equipment and tools, in accordance with the applicable standards and requirements, to test and maintain the equipment used to provide the service.

(2) If the applicable standards and requirements require particular test or maintenance equipment, particular kinds of test or maintenance equipment, or particular numbers or quantities of a particular type of test or maintenance equipment, the provider must have that equipment or that number or quantity of that type of equipment.

139.830 Commissioning of new vehicles and equipment

The provider must not put a new vehicle, or a new item of equipment that affects the quality or rate of discharge of extinguishing agent, into service unless:

(a) the vehicle or equipment has been approved by CASA, for conformity to specification and the applicable standards and requirements, in accordance with the provider’s operations manual; and

(b) CASA has acknowledged that the vehicle or equipment meets the applicable standards and requirements; and

139.835 Number of operating personnel

(1) During any period announced in ERSA as a period during which ARFFS is available at an aerodrome, there must be enough trained personnel available at the aerodrome to operate the equipment and vehicles required to provide the service at full capacity.

(2) Those personnel must be stationed at places that allow the ARFFS to respond to an emergency at least as quickly as required by the applicable standards and requirements.

139.840 Medical standard of firefighters

(1) The people employed as firefighters must meet the medical standard for firefighters set out in the Manual of Standards.

(2) There must be a system of continuing medical checks for the people employed as firefighters that ensures that the ARFFS provider knows whether or not those people continue to meet that standard.

139.845 Qualifications and training of firefighters

(1) The people employed as firefighters must already be trained to at least AFC Certificate 2 standard, or, if for a particular position the Manual of Standards specifies a higher standard, that higher standard.

(2) Before being used in any operational capacity, those people must also receive, or have received, appropriate training in dealing with hazards specific to aviation accidents and incidents, to the extent that such training is not part of the training required for an AFC Certificate 2.

(3) The people employed as firefighters must receive appropriate training to familiarise them with local conditions.

(4) There must be ongoing training for the people employed as firefighters to ensure that they continue to meet that standard.

(5) If a significant proportion of aircraft movements at the aerodrome take place over water, swamp or another difficult environment, the firefighters must be appropriately trained to carry out their functions in that environment.

139.850 Operations manual

(1) There must be an operations manual for the service that complies with the standards set out in the Manual of Standards.

(2) The operations manual must include a chart showing the organisations that provide services to the provider, setting out the roles and responsibilities of those organisations and how those roles and responsibilities affect the Aerodrome Emergency Procedures for the aerodrome concerned.

(3) The operations manual must be kept up to date.

(4) Each of the provider’s employees must have ready access to an up‑to‑date copy of the operations manual.

(5) The provider must give CASA a copy of the operations manual, and of any changes to it.

(6) There must be an up‑to‑date copy of the operations manual at each operational station.

(7) The provider must comply with the requirements of the operations manual.

139.855 Amendment of operations manual

(1) An ARFFS provider may amend its operations manual, but an amendment is of no effect until approved in writing by CASA.

(2) CASA may direct an ARFFS provider to amend its operations manual is a way specified in the direction.

(3) The provider must comply with the direction.

139.860 Voice data recording

There must be a system to record electronically, in accordance with the standards or requirements set out in the Manual of Standards, any voice communication by radio or telephone in the course of an ARFFS operation.

139.865 Record of accidents or incidents

There must be a system, in accordance with the standards or requirements set out in the Manual of Standards, to record the details of any aircraft accident or incident, or building fire, in relation to which the service is required to take any action.

139.870 Contingency plan

(1) There must be a plan, in accordance with the standards or requirements set out in the Manual of Standards, of the procedures to be used in the event of an emergency that results, or may result, in the service being interrupted.

(2) The plan must include at least the following:

(a) actions to be taken by firefighters and rescue personnel;

(b) possible alternative arrangements for providing the service (including arrangements for procuring any necessary replacement vehicles or spare parts, or supplies of extinguishing materials);

(d) procedures for re‑establishing normal services.

139.875 Records management

(1) There must be a system, in accordance with the standards or requirements set out in the Manual of Standards, to collect, index, store and maintain the records relating to the service.

(2) The records must include:

(a) voice records made under regulation 139.860; and

(b) records of accidents or incidents made under regulation 139.865.

(3) A record must be kept for 5 years (or a shorter period specified for the particular kind of record in the Manual) after the date to which it relates.

139.880 Organisation

The provider must, at all times, maintain an appropriate organisation with a sound and effective management structure, having regard to the nature of the service it provides.

139.885 System for rectification of service failures

There must be a system, in accordance with the standards or requirements in the Manual of Standards, to rectify any failure that results or may result in an interruption in the service or a reduction in the standard of the service.

139.890 Quality control

There must be a system, in accordance with the standards or requirements set out in the Manual of Standards, to ensure that the service complies with the requirements of this Subpart.

139.895 Change management

There must be a system, in accordance with the Manual of Standards, to manage changes in:

(a) equipment and procedures; and

(b) what the service does; and

(d) the way the service is provided.

139.900 Safety management

There must be a safety management system for the service, in accordance with the standards or requirements in the Manual of Standards, including the policies, procedures and practices necessary to provide the service safely.

139.905 Applicant’s organisation

(1) The provider must tell CASA in writing:

(a) who its managers are; and

(b) its organisational structure; and

(2) The provider must tell CASA in writing about any change in a matter mentioned in paragraph (1)(a), (b) or (c) within 14 days after the change.

139.910 Telling users and CASA about changes

(1) There must be a procedure, in accordance with the standards and requirements in the Manual of Standards, for an ARFFS provider to give, to aerodrome users, safety‑related information about changes, faults or interruptions to the service.

(2) The procedure must comply with CASA’s requirements for reporting information to the Aeronautical Information and Data Service and the Australian NOTAM Office.

(3) If the provider fails, for a period of 24 hours or longer, to provide the service at the standard required by Division 139.H.3, the ARFFS provider for the aerodrome must tell CASA in writing as soon as practicable:

(a) why the service is not being provided at that standard; and

(b) how long it is likely to be before the service can be resumed; and

Division 139.H.4—Conduct of ARFFS operations

139.915 Powers of officer in charge or firefighter

(1) In this regulation:

firefighter, in relation to an ARFFS operation for an aerodrome, means:

(a) somebody employed as a firefighter by the ARFFS provider for the aerodrome; or

(b) a member of a fire brigade, or of a rescue or fire fighting service, who is taking part in the operation in accordance with an arrangement made with such a brigade or service.

officer in charge, in relation to an ARFFS operation for an aerodrome, means:

(a) the person appointed under regulation 139.773 as officer in charge of ARFFS operations at the aerodrome; or

(b) if, in accordance with an arrangement made with a fire brigade, or a rescue or fire fighting service, the person in control of the operation is a member of such a brigade or service—that person.

volunteer, in relation to an ARFFS operation, means somebody who has volunteered to help in the operation under the direction of the officer in charge.

(2) For an ARFFS operation for an aerodrome under this Subpart, the officer in charge may:

(a) give directions that he or she thinks proper to firefighters and volunteers under his or her control; and

(b) take measures that he or she thinks proper.

(3) Without limiting paragraph (2)(b), the officer in charge may do the following things for the purpose of the ARFFS operation:

(a) enter (by force, if necessary), take possession of and deal with in any appropriate way, premises, an aircraft or other property;

(b) close a road or other thoroughfare to traffic;

(c) use a convenient water supply (including shutting off water supply from a main or pipe to obtain greater pressure or supply);

(d) disconnect electricity supply to premises;

(e) remove flammable, explosive or other dangerous material from premises, an aircraft or other property;

(f) order a person to leave premises, an aircraft or other property;

(g) remove from the vicinity of the operation a person or thing the presence of whom or which is interfering, or is likely to interfere, significantly with the operation;

(h) take a fire engine or other fire appliance onto land or premises;

(i) shore up or destroy a wall or building that is insecure or may be dangerous to persons or property;

(j) direct or authorise a firefighter or a volunteer to do something that, under this regulation, the officer may do.

(4) For an ARFFS operation, a firefighter may do something mentioned in paragraph (3)(a), (b), (c), (d), (e), (f) or (h) without authorisation under paragraph (3)(j) if there are reasonable grounds for believing that, for the operation:

(a) it is necessary or desirable to do the thing; and

(b) it is not practicable for him or her to get authorisation to do so.

(5) A person is guilty of an offence punishable by a fine of 10 penalty units if he or she fails to comply with:

(a) a direction of the officer in charge under paragraph (3)(f); or

(b) a direction of the kind mentioned in that paragraph, given by a firefighter or volunteer, if:

(i) the firefighter or volunteer has been authorised under paragraph (3)(j) by the officer in charge to give it; or

(ii) the conditions in paragraphs (4)(a) and (b) are satisfied in relation to the direction.

Division 139.H.5—Administration

139.920 Definition for Division

In this Division:

show cause notice means a notice under regulation 139.1015.

139.925 How to apply for approval as ARFFS provider

(1A) An eligible person may apply to CASA for approval as an ARFFS provider.

(1) A person is eligible to apply for approval as an ARFFS provider if:

(a) the person is mentioned in column 2 of an item in table 139.925; and

(b) the application relates to an aerodrome mentioned in column 3 of that item.

(2) The application must be in writing.

(3) The application:

(a) must set out the applicant’s name and address; and

(b) if the applicant is a corporation (within the meaning given by the Corporations Act 2001)—must set out the applicant’s registered address and ACN and the names and addresses of its officers.

(4) In paragraph (3)(b):

officer has the meaning given by section 9 of the Corporations Act 2001.

(5) The applicant must include with the application:

(a) a copy of the applicant’s operations manual, prepared as if the applicant were an approved provider; and

(b) information that will enable CASA to decide whether or not the applicant is of sound financial standing; and

Note: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030.

Table 139.925
Item	Applicant	Aerodrome
1	the Commonwealth	any aerodrome
2	AA	any aerodrome
2A	Delta Fire Service Pty. Ltd.	Townsville Airport
3	Broome Airport Services Pty Ltd	Broome International Airport
4	Administration of Norfolk Island	Norfolk Island International Airport
5	a person who is to provide an ARFFS at a particular aerodrome: (a) in cooperation with AA, in accordance with paragraph 11(3)(b) of the Air Services Act 1995; or (b) by arrangement with AA, in accordance with paragraph 11(3)(c) of the Air Services Act 1995	the aerodrome mentioned in column 2
6	a person who is to provide an ARFFS in accordance with an arrangement mentioned in paragraph 216(1)(e) of the Airports Act 1996	the aerodrome specified in the arrangement mentioned in column 2

139.965 When CASA must grant approval

(1) Subject to regulation 11.055 and subregulation (3), if a person has applied for approval as an ARFFS provider under this Subpart, CASA must grant the approval.

Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:

(a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or

(b) a decision imposing a condition on an approval.

(3) CASA may approve an application only if CASA approves the applicant’s draft operations manual.

(4) CASA must not approve the draft operations manual unless the draft manual complies with the relevant requirements in the Manual of Standards.

(6) Without limiting regulations 11.056 and 11.067, if the application is made by a person mentioned in column 2 of item 1, 2, 5 or 6 of Table 139.925 in relation to an ARFFS at the corresponding aerodrome, CASA may impose any condition necessary to give effect to an arrangement mentioned in subsection 11(3) of the Air Services Act 1995.

139.970 When decision must be made

(1) If CASA does not make a decision about an application within 21 days after receiving it, CASA is taken to have refused the application.

(2) However, if CASA makes a request under regulation 11.035 or 11.040, the time between when CASA makes the request, and when the applicant’s officer or officers participates or participate in the interview, or gives CASA the information or copy requested, does not count towards the period.

(3) Also, if CASA asks an applicant to make a statutory declaration under regulation 11.047 or subregulation 11.050(3A), the time between when CASA asks the applicant to do so and when the applicant gives CASA the statutory declaration does not count towards the period.

(4) Also, if CASA invites an applicant to make a written submission under subregulation 11.050(2), the time between when CASA gives the invitation and when the applicant makes the written submission does not count towards the period.

139.995 Application for variation of approval

(1) An approved ARFFS provider may apply to vary its approval.

(2) Regulations 139.965 and 139.970 apply to the application.

Note: Part 11 also contains provisions relating to an application for variation of approval.

139.1005 Suspension or continued suspension of approval by show cause notice

(1) CASA may state, in a show cause notice, that the approval as an approved ARFFS provider of the ARFFS provider concerned is suspended if CASA reasonably considers that not suspending the approval would be likely to have an adverse effect on the safety of air navigation.

Note: Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.

(2) If a show cause notice states that the approval is suspended:

(a) if the approval is already suspended when the show cause notice is given to the holder—the approval continues to be suspended until CASA revokes the suspension, or the suspension lapses under subregulation (4); or

(b) the approval is suspended from when the notice is given to the approved ARFFS provider concerned.

(3) CASA may revoke the suspension at any time.

(4) If CASA has not cancelled the approval within 90 days after the day the show cause notice is given to the provider, the suspension lapses at the end of that period.

139.1010 Grounds for cancellation of approval

It is grounds for the cancellation of the approval of an approved ARFFS provider if the provider:

(a) has breached a condition of the approval; or

(b) has contravened the Act or these Regulations; or

(c) has otherwise been guilty of conduct that renders the holder’s continued holding of the approval likely to have an adverse effect on the safety of air navigation.

Note: Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.

139.1015 Notice to approved ARFFS provider to show cause

(1) CASA may give an approved ARFFS provider a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that amount to grounds for the cancellation of the approval.

(2) A show cause notice must:

(a) tell the provider of the facts and circumstances that justify the cancellation of the approval; and

(b) invite the holder to show in writing, within a reasonable period stated in the notice, why the approval should not be cancelled.

(3) For paragraph (2)(b), the period must not be less than 7 days.

139.1020 Cancellation of approval after show cause notice

(1) CASA may cancel an approval only if:

(a) there exist facts or circumstances that amount to grounds for the cancellation of the approval; and

(b) CASA has given the holder a show cause notice in relation to the grounds for the proposed cancellation; and

(c) CASA has taken into account any written representations made, within the period stated in the notice, by or on behalf of the holder; and

(d) not cancelling the approval would be likely to have an adverse effect on the safety of air navigation.

(2) If CASA has given a show cause notice to an approved ARFFS provider, and it decides not to cancel the approval, it:

(a) must tell the provider in writing of the decision; and

(b) must, if the approval is suspended, revoke the suspension.

139.1022 Cancellation if holder ceases to provide ARFFS

(1) CASA must cancel the approval of a person mentioned in column 2 of item 3 or 4 of Table 139.925 if the person ceases to be an ARFFS provider for the aerodrome mentioned in column 3 of the item.

(2) CASA must cancel the approval of a person mentioned in column 2 of item 5 of Table 139.925 if the cooperation or arrangement mentioned in that item ceases.

(3) CASA must cancel the approval of a person mentioned in column 2 of item 6 of Table 139.925 if the arrangement mentioned in that item ceases.

Subpart 141.A—General

141.005 What Part 141 is about

This Part:

(a) deals with the conduct of recreational, private and commercial pilot flight training, other than certain integrated training courses; and

(b) makes provision for applicants for, and holders of, Part 141 certificates.

141.010 Aircraft and flight simulation training devices to which Part 141 applies

(1) This Part applies only to the following:

(a) an aeroplane, rotorcraft or airship that is permitted by its flight manual to be flown by one pilot;

(b) an aeroplane, rotorcraft or airship covered by a type rating mentioned in a legislative instrument under regulation 142.045;

(2) Accordingly, a reference in this Part to an aircraft is a reference to an aeroplane, rotorcraft or airship mentioned in paragraph (1)(a) or (b).

141.015 Definitions of Part 141 flight training, authorised Part 141 flight training, Part 141 operator and Part 141 certificate

(1) Part 141 flight training is any of the following that is conducted in an aircraft or flight simulation training device:

(a) training for the grant under Part 61 of a private pilot licence or commercial pilot licence that is not an integrated training course;

(b) training for the grant under Part 61 of a recreational pilot licence;

(c) training, other than training conducted as a multi‑crew operation, for the grant under Part 61 of a flight crew rating other than a type rating;

(d) training for the grant under Part 61 of a type rating mentioned in a legislative instrument under regulation 142.045;

(e) training, other than training conducted as a multi‑crew operation, for the grant under Part 61 of a flight crew endorsement other than:

(i) a design feature endorsement; or

(ii) a flight activity endorsement;

(f) training, other than training conducted as a multi‑crew operation, that is given as part of a flight review;

(g) differences training:

(i) that is required as mentioned in regulation 61.780 or 61.835 for a variant covered by a type rating mentioned in a legislative instrument under regulation 142.045; and

(ii) that is not conducted by a training and checking organisation approved under regulation 217 of CAR.

(2) Authorised Part 141 flight training, for a Part 141 operator, is Part 141 flight training mentioned in the operator’s Part 141 certificate.

(3) A Part 141 operator is the holder of a Part 141 certificate.

(4) A Part 141 certificate is a certificate issued under regulation 141.060.

141.020 Definition of key personnel for Part 141

In this Part:

key personnel, for a Part 141 operator, means the people (however described) that hold, or carry out the responsibilities of, the following positions in the operator’s organisation:

(a) chief executive officer;

(b) head of operations.

141.025 Definition of significant change for Part 141

In this Part:

significant change, for a Part 141 operator, means:

(a) a change in relation to any of the following:

(i) the location and operation of any of the operator’s training bases, including the opening or closing of training bases;

(ii) the operator’s key personnel;

(iii) a person authorised to carry out the responsibilities of any of the key personnel;

(iv) the formal reporting line for a managerial or operational position reporting directly to any of the key personnel;

(v) the qualifications, experience and responsibilities required by the operator for any of the key personnel;

(vi) the familiarisation training mentioned in regulation 141.115 for any of the key personnel;

(vii) the operator’s process for making changes:

(A) that are significant changes; and

(B) that are not significant changes;

(viii) the authorised Part 141 flight training conducted by the operator;

(ix) if the operator conducts the training in aircraft—the kinds of aircraft used to conduct the training;

(x) if the operator conducts the training in flight simulation training devices:

(A) the ownership arrangements for a device; or

(B) the types of devices; or

(b) if the operator conducts the training in foreign registered aircraft:

(i) a change in the foreign registered aircraft used in the training; or

(ii) a change in relation to a foreign registered aircraft used in the training, including a change to its nationality or registration mark; or

(c) a change in relation to any of the following that does not maintain or improve, or is not likely to maintain or improve, aviation safety:

(i) the procedures by which the operator conducts and manages the training;

(ii) training and checking conducted by the operator;

(iii) the operator’s dangerous goods manual (if any);

(iv) the way the operator manages the risk of fatigue in its personnel;

(v) the operator’s safety policy;

(vi) the operator’s quality system; or

(d) a change required to be approved by CASA under these Regulations, other than a change that results in the reissue or replacement of an instrument previously issued by CASA in which the conditions or other substantive content of the instrument are unchanged.

141.030 Definitions for Part 141

In this Part:

aircraft: see regulation 141.010.

authorised Part 141 flight training, for a Part 141 operator: see subregulation 141.015(2).

conducts: a Part 141 operator conducts Part 141 flight training if an instructor for the operator conducts the training on behalf of the operator.

instructor, for a Part 141 operator, means a person engaged by the operator to conduct authorised Part 141 flight training on behalf of the operator.

key personnel, for a Part 141 operator: see regulation 141.020.

low‑flying flight training means flight training that is conducted below 500 feet AGL.

operations manual, for a Part 141 operator, means:

(a) the set of documents approved by CASA under regulation 141.065 in relation to the operator; or

(b) if the set of documents is changed under regulation 141.080, 141.090 or 141.100 or the process mentioned in regulation 141.095—the set of documents as changed.

Part 141 certificate: see subregulation 141.015(4).

Part 141 flight training: see subregulation 141.015(1).

personnel, for a Part 141 operator, includes any of the following persons who have duties or responsibilities that relate to the safe conduct of the operator’s authorised Part 141 flight training:

(a) an employee of the operator;

(b) a person engaged by the operator (whether by contract or other arrangement) to provide services to the operator;

significant change, for a Part 141 operator: see regulation 141.025.

training and checking, for a Part 141 operator, means the training and assessment of proficiency that the operator conducts to ensure that its personnel are competent to perform their duties.

training base, for a Part 141 operator, means a facility from which the operator conducts flight training.

141.035 Approvals by CASA for Part 141

(1) If a provision of this Part refers to a person holding an approval under this regulation, the person may apply to CASA, in writing, for the approval.

(2) Subject to regulation 11.055, CASA must grant the approval.

(3) Subregulation 11.055(1B) applies to the granting of an approval under this regulation.

141.040 Legislative instruments—flight training

For paragraph 98(5A)(a) of the Act, CASA may issue a legislative instrument to prescribe matters for paragraph 141.260(1)(u).

141.045 Regulations 11.070 to 11.075 do not apply in relation to certain matters

Regulations 11.070 to 11.075 do not apply to the following for a Part 141 operator:

(a) a change of which CASA is notified under regulation 141.080;

(b) a significant change that is approved by CASA under regulation 141.090;

(d) a change that is made as a consequence of a change made to the operator’s operations manual in accordance with a direction given by CASA under regulation 141.100.

141.050 Part 141 flight training—requirement for Part 141 certificate or approval

(1) A person commits an offence if:

(a) the person conducts Part 141 flight training; and

(b) the person does not meet the requirement mentioned in subregulation (2).

Penalty: 50 penalty units.

(2) For paragraph (1)(b), the requirement is that the person must hold:

(a) a Part 141 certificate that authorises the person to conduct the training; or

(b) an approval under regulation 141.035 to conduct the training.

(3) An offence against this regulation is an offence of strict liability.

Subpart 141.B—Part 141 certificates

141.055 Part 141 certificates—application

(1) A person may apply to CASA, in writing, for a Part 141 certificate.

(2) The application must include the following:

(a) the applicant’s name (including any operating or trading name), contact details and ABN (if any);

(aa) if the address of the applicant’s operational headquarters is different from its mailing address—the address of its operational headquarters;

(b) if the applicant is an individual—a statement that the individual is, or proposes to be, the applicant’s chief executive officer;

(c) if the applicant is a corporation registered in Australia that has an ACN—its ACN and the address of its registered office;

(d) if the applicant is a corporation not registered in Australia—the place it was incorporated or formed;

(e) the Part 141 flight training that the applicant proposes to conduct;

(f) a written undertaking from the person appointed, or proposed to be appointed, as the applicant’s chief executive officer that, if CASA issues the certificate, the applicant will:

(i) be capable of operating in accordance with its operations manual and civil aviation legislation; and

(ii) operate in accordance with its operations manual and civil aviation legislation.

(3) The application must be:

(a) accompanied by a copy of the applicant’s proposed operations manual; and

(b) signed by the person appointed, or proposed to be appointed, as the applicant’s chief executive officer.

141.060 Part 141 certificate—issue

(1) Subject to regulation 11.055, CASA must issue the certificate if satisfied of each of the following:

(a) the applicant’s proposed operations manual complies with regulation 141.260;

(b) the applicant can conduct the proposed Part 141 flight training safely and in accordance with its operations manual and civil aviation legislation;

(c) the applicant’s organisation is suitable to ensure that the training can be conducted safely, having regard to the nature of the training;

(d) the chain of command of the applicant’s organisation is appropriate to ensure that the training can be conducted safely;

(e) the applicant’s organisation has a sufficient number of suitably qualified and competent personnel to conduct the training safely;

(f) the facilities of the applicant’s organisation are sufficient to enable the training to be conducted safely;

(g) the applicant’s organisation has suitable procedures and practices to control the organisation and ensure the training can be conducted safely;

(h) if the applicant is an individual—the applicant is, or proposes to be, the applicant’s chief executive officer;

(i) each of the applicant’s proposed key personnel:

(i) is a fit and proper person to be appointed to the position; and

(ii) has the qualifications and experience required by Subpart 141.D for the position; and

(iii) has the qualifications and experience required by the applicant under subparagraph 141.260(1)(e)(i) for the position (if any); and

(iv) has the additional qualifications and experience required by CASA under regulation 141.155 for the position (if any).

(2) For paragraph (1)(b), without limiting the matters that CASA may consider, CASA must consider the following:

(a) the applicant’s proposed operations manual;

(b) whether the applicant can comply with the proposed operations manual;

(d) details of, and reasons for, any suspension or cancellation of:

(i) a civil aviation authorisation issued to the applicant; or

(ii) an equivalent authorisation issued to the applicant:

(A) under the law of a foreign country; or

(B) by a multinational aviation authority;

(e) the suitability of the applicant’s corporate and organisational structures for the training;

(f) any other information:

(i) accompanying the application; or

(ii) in any other document given to CASA by the applicant for the application, including any document requested by CASA in relation to the application.

(3) For subparagraph (1)(i)(i), the matters CASA may consider in deciding whether a person is a fit and proper person include the matters mentioned in subregulation 11.055(4).

(4) If CASA decides to issue the certificate, CASA must determine the Part 141 flight training the applicant is authorised to conduct, including any limitations or conditions in relation to the flight training.

(5) The certificate must include:

(a) the matters mentioned in subregulation (4); and

(b) a certificate reference number determined by CASA.

(6) If CASA approves a significant change to a Part 141 operator under regulation 141.090, CASA may issue a new Part 141 certificate to the operator.

141.065 Part 141 certificate—approval of operations manual

If CASA issues the certificate to the applicant, CASA is taken to have also approved the applicant’s proposed operations manual.

141.070 Part 141 certificate—conditions

Each of the following is a condition of a Part 141 certificate issued to an operator:

(a) the operator must comply with:

(i) each provision of this Part that applies to the operator; and

(ii) each direction given to the operator, or obligation imposed on the operator, by CASA under a provision of these Regulations; and

(iii) each other provision of civil aviation legislation that applies to the operator’s authorised Part 141 flight training;

(b) each of the operator’s key personnel must comply with:

(i) each provision of this Part that applies to the person; and

(ii) each direction given to the person, or obligation imposed on the person, by CASA under a provision of these Regulations; and

(iii) each other provision of civil aviation legislation that applies to the operator’s authorised Part 141 flight training;

(d) each of the operator’s personnel must comply with each provision of civil aviation legislation that applies to the operator’s authorised Part 141 flight training;

(e) if the operator is an individual—the individual must be the operator’s chief executive officer.

141.075 Part 141 certificate—compliance with conditions

(1) A Part 141 operator commits an offence if the operator contravenes a condition of its Part 141 certificate.

Penalty: 50 penalty units.

(2) An offence against this regulation is an offence of strict liability.

Subpart 141.C—Part 141 operators—changes

141.080 Part 141 operators—changes of name etc

(1) A Part 141 operator commits an offence if the operator:

(a) makes a change mentioned in subregulation (2); and

(b) does not, before making the change:

(i) amend its operations manual to reflect the change; and

(ii) give CASA written notice of the change and a copy of the amended part of the operations manual clearly identifying the change.

Penalty: 50 penalty units.

(2) For paragraph (1)(a), the changes are the following:

(a) a change to its name (including any operating or trading name) or contact details;

(b) if the address of its operational headquarters is different from its mailing address—a change to the address of its operational headquarters.

(3) An offence against this regulation is an offence of strict liability.

141.085 Part 141 operators—application for approval of significant changes

(1) A Part 141 operator commits an offence if:

(a) the operator makes a significant change other than a significant change mentioned in subregulation (2) or (3); and

(b) CASA has not approved the significant change.

Penalty: 50 penalty units.

(2) A Part 141 operator commits an offence if:

(a) the operator makes a significant change that is the permanent appointment as any of the operator’s key personnel of a person previously authorised to carry out the responsibilities of the position in a circumstance mentioned in subparagraph 141.260(1)(e)(iv); and

(b) the operator does not apply to CASA for approval of the change, in accordance with subregulation (4), within 7 days after the change is made.

Penalty: 50 penalty units.

(3) A Part 141 operator commits an offence if:

(a) the operator makes a significant change that is the permanent appointment as any of the operator’s key personnel of a person not previously authorised to carry out the responsibilities of the position in a circumstance mentioned in subparagraph 141.260(1)(e)(iv); and

(b) the operator does not apply to CASA for approval of the change, in accordance with subregulation (4), within 3 days after the change is made.

Penalty: 50 penalty units.

(4) An application for approval of a significant change must:

(a) be in writing; and

(b) set out the change; and

(c) be accompanied by a copy of the part of the operator’s operations manual affected by the change, clearly identifying the change.

(5) An offence against this regulation is an offence of strict liability.

141.090 Part 141 operators—approval of significant changes

(1) Subject to regulation 11.055, CASA must approve a significant change for a Part 141 operator if satisfied that the requirements mentioned in subregulation 141.060(1) will continue to be met.

(2) If CASA approves the significant change, CASA is taken to have also approved the changes to the operator’s operations manual covered by the application.

141.095 Part 141 operators—process for making changes

(1) A Part 141 operator commits an offence if:

(a) the operator makes a change; and

(b) the change is not made in accordance with the process described in the operator’s operations manual for making changes.

Penalty: 50 penalty units.

(2) An offence against this regulation is an offence of strict liability.

141.100 Part 141 operators—CASA directions relating to operations manual or key personnel

(1) If satisfied that it is necessary in the interests of aviation safety, CASA may direct a Part 141 operator to change its operations manual:

(a) to remove particular information, procedures or instructions from the operations manual; or

(b) to include particular information, procedures or instructions in the operations manual; or

(2) CASA may direct a Part 141 operator to remove any of the operator’s key personnel from the person’s position if satisfied that the person is not:

(a) carrying out the responsibilities of the position; or

(b) if the person is the chief executive officer—properly managing matters for which the person is accountable.

(3) A direction under this regulation must:

(a) be in writing; and

(b) state the time within which the direction must be complied with.

(4) A Part 141 operator commits an offence if:

(a) CASA gives the operator a direction under this regulation; and

(b) the operator does not comply with the direction within the time stated in the direction.

Penalty: 50 penalty units.

(5) An offence against this regulation is an offence of strict liability.

Subpart 141.D—Part 141 operators—organisation and personnel

141.105 Part 141 operators—organisation and personnel

(1) A Part 141 operator must maintain an organisational structure that effectively manages its authorised Part 141 flight training, taking into account the following:

(a) the nature and complexity of the training;

(b) the number and kinds of aircraft or flight simulation training devices used to conduct the training;

(d) the number of the operator’s personnel;

(e) the number of course participants undertaking the training.

(2) A Part 141 operator commits an offence if any of the operator’s key personnel carries out a responsibility of the person’s position otherwise than in accordance with the operator’s operations manual or this Subpart.

Penalty: 50 penalty units.

141.110 Part 141 operators—key personnel cannot carry out responsibilities

(1) A Part 141 operator commits an offence if:

(a) the operator becomes aware that any of its key personnel cannot carry out, or is likely to be unable to carry out, the person’s responsibilities for a period of longer than 30 days; and

(b) the operator does not tell CASA of the matter mentioned in paragraph (a) within the time mentioned in subregulation (2).

Penalty: 50 penalty units.

(2) For paragraph (1)(b), the time is:

(a) if there is not another person authorised to carry out the responsibilities for all or part of the period—24 hours after the operator becomes aware of the matter; or

(b) if there is another person authorised to carry out the responsibilities for all or part of the period—3 days after the operator becomes aware of the matter.

141.115 Part 141 operators—familiarisation training for key personnel

A Part 141 operator must ensure that before a person appointed as any of the operator’s key personnel begins to carry out the responsibilities of the position, the person has completed any training that is necessary to familiarise the person with the responsibilities.

141.120 Part 141 operators—chief executive officer: responsibilities and accountabilities

(1) The chief executive officer of a Part 141 operator is responsible for the following:

(a) ensuring that, for the safe conduct of the operator’s authorised Part 141 flight training in accordance with the operator’s Part 141 certificate, operations manual and civil aviation legislation, the operator:

(i) has sufficient suitably experienced, qualified and competent personnel; and

(ii) has a suitable management structure; and

(iii) is adequately financed and resourced;

(b) ensuring that the operator:

(i) sets and maintains standards for the training in accordance with the operator’s operations manual; and

(ii) complies with civil aviation legislation;

(i) tells CASA if the operator enters into a leasing, financing or other arrangement for the supply of a turbine‑engined aircraft for use in the training; and

(ii) tells CASA if the operator becomes aware that any arrangement mentioned in subparagraph (i) may:

(A) affect the operator’s safe conduct of the training; or

(B) contravene a provision of civil aviation legislation or the law of the country in which the aircraft is registered; and

(iii) complies with the aviation safety laws of each foreign country (if any) where the operator conducts the training; and

(iv) for each foreign registered aircraft (if any) used in the training—maintains the aircraft in accordance with the law of the country in which the aircraft is registered;

(ca) ensuring that the operator has procedures that ensure that all of the operator’s personnel understand the operator’s safety policy;

(cb) ensuring that the operator has processes for identifying and addressing deficiencies in the operator’s authorised Part 141 training;

(d) if the operator conducts the training in a flight simulation training device—ensuring that the operator implements and manages the operator’s quality system;

(f) ensuring that the operator’s operations manual is monitored and managed for continuous improvement;

(g) ensuring that key personnel satisfactorily carry out the responsibilities of their positions in accordance with:

(i) the operator’s operations manual; and

(ii) civil aviation legislation.

(2) The chief executive officer of a Part 141 operator is accountable to the operator and CASA for ensuring the responsibilities mentioned in subregulation (1) are carried out effectively.

141.125 Part 141 operators—head of operations: qualifications and experience

(1) The head of operations of a Part 141 operator must hold:

(a) an instructor rating and either:

(i) a grade 1 training endorsement under Part 61; or

(ii) the required training endorsements for all the Part 141 flight training the operator proposes to conduct; or

(b) an approval under regulation 141.035 to be the head of operations of the operator.

(2) For paragraph (1)(b), the matters CASA may consider in deciding whether to approve a person as the head of operations of a Part 141 operator include the following:

(a) the operator’s current and proposed authorised Part 141 flight training;

(b) the person’s:

(i) management experience; and

(ii) formal educational qualifications; and

(iii) experience as a trainer or educator; and

(iv) operational experience; and

(v) flight crew qualifications.

(3) CASA may, by written notice given to a head of operations, or proposed head of operations, of a Part 141 operator, direct the person to undertake an assessment mentioned in subregulation (4).

(4) For subregulation (3), the assessment:

(a) is an assessment conducted by CASA or a person nominated by CASA to demonstrate suitability as head of operations for the operator; and

(b) may include assessment in an aeroplane, rotorcraft, airship or flight simulation training device.

141.130 Part 141 operators—head of operations: responsibilities

(1) The head of operations of a Part 141 operator must safely manage the operator’s authorised Part 141 flight training.

(2) Without limiting subregulation (1), the responsibilities of the head of operations include the following:

(a) ensuring that the operator conducts the training in accordance with principles of competency‑based training in a consistent and systematic manner;

(b) monitoring and maintaining, and reporting to the chief executive officer on, the operator’s compliance with the provisions of civil aviation legislation and the operator’s operations manual that apply to the training;

(c) setting and maintaining the operator’s standards for the training in accordance with the operator’s operations manual;

(d) developing, managing and maintaining the operator’s dangerous goods manual (if any);

(e) ensuring the proper allocation and deployment of aircraft and personnel for use in the training;

(f) ensuring that the operator’s personnel are provided with the information and documentation necessary to properly carry out their responsibilities;

(g) ensuring that the operator has procedures that include the information mentioned in subregulation (3);

(h) ensuring that the requirements mentioned in subregulation (4) are complied with for the training;

(i) if the operator conducts the training in a flight simulation training device:

(i) ensuring the correct operation and maintenance of the device; and

(ii) ensuring that the device is used only in accordance with the operator’s operations manual;

(j) if the operator conducts the training in a flight simulator or flight training device—ensuring that the simulator or device is qualified under Part 60;

(k) if the operator conducts the training in a synthetic trainer—ensuring that the trainer is approved under Civil Aviation Order 45.0;

(l) if the operator conducts the training in any other device—ensuring that the device:

(i) meets the qualification standards prescribed by a legislative instrument under regulation 61.045; or

(ii) is qualified (however described) by the national aviation authority of a recognised foreign State (within the meaning of regulation 61.010);

(m) managing the maintenance and continuous improvement of the operator’s fatigue risk management system (if any);

(n) ensuring the operator’s personnel understand the operator’s safety policy;

(o) implementing and managing the operator’s processes for identifying and addressing deficiencies in training outcomes for the operator’s authorised Part 141 training, including the processes mentioned in subregulation (5).

Note: For the definition of civil aviation legislation, see section 3 of the Act.

(3) For paragraph (2)(g), the information is the following:

(a) a training plan and syllabus for each kind of training;

(b) a description of the operator’s process to determine the competency of course participants;

(d) a description of how the operator ensures supervision of course participants when they are receiving training;

(e) information about how the operator:

(i) plans, delivers and reviews the training; and

(ii) monitors the progress of course participants to clearly defined knowledge and flight standards; and

(iii) maintains records of the results achieved by course participants in training activities and assessments; and

(iv) ensures that it has the training facilities and resources to provide the training; and

(v) maintains its training facilities and resources.

(4) For paragraph (2)(h), the requirements are the following:

(a) the conduct of the training must be monitored effectively;

(b) each instructor who conducts the training must:

(i) be authorised under Part 61 to conduct the training; and

(ii) meet the requirements in the operator’s operations manual about training in human factors principles and non‑technical skills; and

(iii) have an understanding of the operator’s training syllabus for the training; and

(iv) hold a valid standardisation and proficiency check for the operator under regulation 141.190; and

(v) be supervised effectively; and

(vi) comply with the operator’s operations manual.

(5) For paragraph (2)(o), the processes are the following:

(a) a process for auditing the training;

(b) a process for promoting the continual improvement of the training;

(c) a process for evaluating the training outcomes from pre‑flight test assessments and post‑flight test feedback from flight examiners;

(d) a process for regularly assessing the suitability of the operator’s facilities and resources for conducting the training;

(e) a process for recommending changes to a process mentioned in paragraphs (a), (b), (c) or (d).

141.155 Part 141 operators—key personnel: additional qualification and experience requirements

(1) This regulation applies to:

(a) an applicant for a Part 141 certificate; or

(b) a Part 141 operator.

(2) CASA may, by written notice given to the applicant or operator, direct that any of the key personnel of the applicant or operator must have stated additional qualifications or experience to those otherwise required under this Subpart.

(3) If satisfied that it is necessary in the interests of aviation safety, CASA may, by written notice given to a person who is, or is proposed to be, any of the key personnel of the applicant or operator, direct the person:

(a) to undertake a stated examination; or

(b) to be interviewed by CASA; or

(4) In deciding whether to give a direction under this regulation, CASA must have regard to, but is not limited to considering, the following:

(a) the need to ensure that the applicant or operator can conduct safe authorised Part 141 flight training in accordance with its operations manual and civil aviation legislation;

(b) the nature and complexity of the training;

(d) how recently the person has used his or her aviation skills;

(e) whether the person is able to exercise the privileges of each civil aviation authorisation held by the person.

141.160 Part 141 operators—reference library

(1) A Part 141 operator commits an offence if the operator does not maintain a reference library that complies with subregulation (2).

Penalty: 50 penalty units.

(2) For subregulation (1), the reference library must:

(a) include the following documents:

(i) all operational documents and material;

(ii) the civil aviation legislation that is relevant to the operator’s authorised Part 141 flight training;

(iii) the parts of the AIP that are relevant to the training;

(iv) documents that include information about the flight operations of each kind of aircraft operated by the operator to conduct the training that is necessary to ensure the safe conduct of the training;

(v) documents that include information about the operation or maintenance of each kind of flight simulation training device operated by the operator to conduct the training;

(vi) any other publications, information or data required for the reference library by the operator’s operations manual; and

(b) be readily available to all members of the operator’s personnel; and

(3) A Part 141 operator commits an offence if the operator does not keep up‑to‑date records of the distribution of operational documents to members of the operator’s personnel.

Penalty: 50 penalty units.

(4) An offence against this regulation is an offence of strict liability.

Subpart 141.E—Part 141 operators—instructors

141.165 Part 141 operators—instructors must comply with Part 141 certificate

(1) An instructor for a Part 141 operator commits an offence if the instructor conducts Part 141 flight training otherwise than in accordance with the operator’s Part 141 certificate.

Penalty: 50 penalty units.

(2) An offence against this regulation is an offence of strict liability.

141.170 Part 141 operators—instructors must comply with operations manual

(1) An instructor for a Part 141 operator commits an offence if the instructor conducts authorised Part 141 flight training for the operator otherwise than in accordance with the operator’s operations manual.

Penalty: 50 penalty units.

(2) An offence against this regulation is an offence of strict liability.

141.175 Part 141 operators—instructors must be authorised under Part 61

(1) A Part 141 operator commits an offence if:

(a) an instructor for the operator conducts authorised Part 141 flight training for the operator; and

(b) the instructor is not authorised under Part 61 to conduct the training.

Penalty: 50 penalty units.

(2) An offence against this regulation is an offence of strict liability.

141.180 Part 141 operators—instructors must have access to records

(1) A Part 141 operator commits an offence if:

(a) an instructor for the operator conducts authorised Part 141 flight training for the operator; and

(b) the instructor does not have access to the operator’s training records for course participants.

Penalty: 50 penalty units.

(2) An offence against this regulation is an offence of strict liability.

141.185 Part 141 operators—instructors must hold valid standardisation and proficiency check for operator

(1) A Part 141 operator commits an offence if:

(a) an instructor for the operator conducts authorised Part 141 flight training for the operator; and

(b) the instructor does not hold a valid standardisation and proficiency check for the operator under regulation 141.190.

Penalty: 50 penalty units.

(2) An offence against this regulation is an offence of strict liability.

141.190 Part 141 operators—holding valid standardisation and proficiency check for operator

(1) An instructor for a Part 141 operator holds a valid standardisation and proficiency check for the operator if:

(a) the instructor has successfully completed the operator’s standardisation and proficiency check; and

(b) the check complies with regulation 141.195; and

(2) A standardisation and proficiency check is valid for the period comprising:

(a) the period beginning on the day on which the check is completed, and ending at the end of the month in which the check is completed; and

(b) the period of 12 months immediately following the month in which the check was completed.

(3) If:

(a) an instructor holds a standardisation and proficiency check that is valid under subregulation (2) (the existing check); and

(b) the instructor successfully completes a new standardisation and proficiency check on a day that is less than 3 months before the day on which the existing check is due to expire;

the new check is valid for 12 months beginning at the end of the day on which the existing check expires.

141.195 Part 141 operators—standardisation and proficiency check requirements

(1) A Part 141 operator’s standardisation and proficiency check for an instructor must, for the flight training that the operator has engaged the instructor to conduct, check the competency of the instructor to:

(a) deliver ground briefings in accordance with the operator’s training syllabus; and

(b) deliver flight training in an aircraft or flight simulation training device in accordance with the operator’s training syllabus.

(2) The check must be carried out by:

(a) the operator’s head of operations; or

(b) a person authorised to conduct the check by the operator’s head of operations.

141.200 Part 141 operators—instructors—training in human factors principles and non‑technical skills

(1) A Part 141 operator commits an offence if:

(a) an instructor for the operator conducts authorised Part 141 flight training for the operator; and

(b) the instructor does not meet the requirements in the operator’s operations manual about training in human factors principles and non‑technical skills.

Penalty: 50 penalty units.

(2) An offence against this regulation is an offence of strict liability.

141.205 Part 141 operators—instructors must be competent to conduct flight training in flight simulation training device

(1) A Part 141 operator commits an offence if:

(a) an instructor for the operator conducts authorised Part 141 flight training for the operator in a flight simulation training device; and

(b) the instructor has not been assessed by the operator as competent to conduct the training in the device.

Penalty: 50 penalty units.

(2) An offence against this regulation is an offence of strict liability.

141.210 Part 141 operators—person recommended for flight test

(1) A Part 141 operator and the operator’s head of operations each commit an offence if:

(a) a person is recommended for a flight test by:

(i) the head of operations; or

(ii) a person named in the operator’s operations manual as responsible for the authorised Part 141 flight training to which the flight test relates; and

(b) the person is not eligible under regulation 61.235 to undertake the test.

Penalty: 50 penalty units.

(2) An offence against this regulation is an offence of strict liability.

Subpart 141.G—Part 141 operators—quality system

141.225 Part 141 operators—quality system for flight simulation training devices

(1) A Part 141 operator that conducts authorised Part 141 flight training in a flight simulation training device must have a quality system that ensures the correct operation and maintenance of the device.

(2) The quality system must cover at least the following matters:

(a) quality policy;

(b) management responsibility;

(d) resource allocation;

(e) quality procedures;

(f) internal audit.

Subpart 142.A—General

142.005 What Part 142 is about

This Part:

(a) deals with the conduct of integrated and multi‑crew pilot flight training, contracted recurrent training and contracted checking; and

(b) makes provision for applicants for, and holders of, Part 142 authorisations (which are AOCs or other certificates that deal with the training and checking mentioned in paragraph (a)).

Note: See also Division 2 of Part III of the Act in relation to AOCs generally.

142.010 Part 142 applies only to aeroplanes, rotorcraft, airships and flight simulation training devices

(1) This Part applies only to:

(a) an aeroplane, rotorcraft or airship; or

(b) a flight simulation training device for an aircraft mentioned in paragraph (a).

(2) Accordingly, a reference in this Part to an aircraft is a reference to an aeroplane, rotorcraft or airship.

142.015 Definitions of Part 142 activity, Part 142 flight training, Part 142 authorisation, Part 142 operator and authorised Part 142 activity for Part 142

(1) A Part 142 activity is any of the following conducted in an aircraft or a flight simulation training device:

(a) Part 142 flight training;

(b) contracted recurrent training;

(2) Part 142 flight training is any of the following:

(a) an integrated training course for the grant under Part 61 of a private pilot licence or commercial pilot licence;

(b) training for the grant under Part 61 of a multi‑crew pilot licence, air transport pilot licence or flight engineer licence;

(d) training for the grant under Part 61 of a type rating other than a type rating mentioned in an instrument under regulation 142.045;

(da) training, conducted as a multi‑crew operation, for the grant under Part 61 of a flight crew rating other than a type rating;

(e) training, conducted as a multi‑crew operation, for the grant under Part 61 of a flight crew endorsement other than:

(i) a design feature endorsement; or

(ii) a flight activity endorsement;

(f) training that is given as part of a flight review that is conducted as a multi‑crew operation;

(g) differences training:

(i) that is required as mentioned in regulation 61.780, 61.835 or 61.1370 for a variant covered by a type rating that is not a type rating mentioned in a legislative instrument under regulation 142.045; and

(ii) that is not conducted by a training and checking organisation approved under regulation 217 of CAR.

(3) An authorised Part 142 activity, for a Part 142 operator, is a Part 142 activity mentioned in the operator’s Part 142 authorisation.

(4) A Part 142 operator is the holder of a Part 142 authorisation.

(5) A Part 142 authorisation is:

(a) an AOC that authorises the conduct of a Part 142 activity in an aircraft; or

(b) a certificate under Division 142.B.2 that authorises the conduct of a Part 142 activity in a flight simulation training device.

142.020 Definitions of contracted checking, contracted recurrent training and contracting operator for Part 142

In this Part:

contracted checking means checking conducted by a Part 142 operator for a contracting operator.

contracted recurrent training means recurrent training conducted by a Part 142 operator for a contracting operator.

contracting operator means an aircraft operator who enters into a contract with a Part 142 operator for the Part 142 operator to conduct:

(a) recurrent training for the aircraft operator; or

(b) checking for the aircraft operator.

142.025 Definition of key personnel for Part 142

In this Part:

key personnel, for a Part 142 operator, means the people (however described) that hold, or carry out the responsibilities of, the following positions in the operator’s organisation:

(a) chief executive officer;

(b) head of operations;

(c) if the operator conducts authorised Part 142 activities only in aircraft, or aircraft and flight simulation training devices—safety manager;

(d) if the operator conducts authorised Part 142 activities only in flight simulation training devices—quality assurance manager.

142.030 Definition of significant change for Part 142

In this Part:

significant change, for a Part 142 operator, means:

(a) a change in relation to any of the following:

(i) the location and operation of any of the operator’s training bases, including the opening or closing of training bases;

(ii) the operator’s corporate structure;

(iii) the operator’s organisational structure;

(iv) the operator’s key personnel;

(v) a person authorised to carry out the responsibilities of any of the key personnel;

(vi) the formal reporting line for a managerial or operational position reporting directly to any of the key personnel;

(vii) the qualifications, experience and responsibilities required by the operator for any of the key personnel;

(viii) the familiarisation training mentioned in regulation 142.170 for any of the key personnel;

(ix) the operator’s process for making changes:

(A) that are significant changes; and

(B) that are not significant changes;

(x) the authorised Part 142 activities conducted by the operator;

(xi) if the operator conducts the activities in aircraft—the kinds of aircraft used to conduct the activities;

(xii) if the operator conducts the activities in turbine‑engined aircraft—any leasing or other arrangements for the supply of a turbine‑engined aircraft;

(xiii) if the operator conducts the activities in flight simulation training devices:

(A) the ownership arrangements for a device; or

(B) the types of devices; or

(b) if the operator conducts the activities in foreign registered aircraft:

(i) a change in the foreign registered aircraft used in the activities; or

(ii) a change in relation to a foreign registered aircraft used in the activities, including a change to its nationality or registration mark; or

(c) a change in relation to any of the following that does not maintain or improve, or is not likely to maintain or improve, aviation safety:

(i) the procedures by which the operator conducts and manages the activities;

(ii) the operator’s operations manual;

(iii) the operator’s dangerous goods manual (if any);

(iv) the operator’s training management system manual;

(v) the way that the operator manages the risk of fatigue in its personnel;

(vi) the operator’s internal training and checking system manual;

(vii) if the operator conducts the activities only in aircraft, or in aircraft and flight simulation training devices—the operator’s safety management system manual;

(viii) if the operator conducts the activities only in flight simulation training devices—the operator’s quality assurance management system manual;

(ix) if the operator conducts the activities in aircraft:

(A) the way the aircraft are managed or maintained; or

(B) the way the continuing airworthiness of the aircraft is assured; or

142.035 Definitions for Part 142

In this Part:

aircraft: see regulation 142.010.

authorised Part 142 activity, for a Part 142 operator: see subregulation 142.015(3).

checking means the assessment of proficiency of the personnel of an aircraft operator or the operator of a flight simulation training device that is conducted to ensure that the personnel are competent to carry out their responsibilities.

conducts: a Part 142 operator conducts a Part 142 activity if an instructor or examiner for the operator conducts the activity on behalf of the operator.

contracted checking: see regulation 142.020.

contracted recurrent training: see regulation 142.020.

contracting operator: see regulation 142.020.

corporation: see regulation 11.015.

examiner, for a Part 142 operator, means a flight examiner or flight engineer examiner engaged by the operator:

(a) to conduct flight tests for the grant of a licence, rating or endorsement under Part 61 on behalf of the operator; or

(b) to conduct contracted checking on behalf of the operator.

exposition, for a Part 142 operator, means:

(a) the set of documents approved by CASA under regulation 142.095 or 142.115 in relation to the operator; and

(b) if the set of documents is changed under regulation 142.135, 142.145 or 142.155, or the process mentioned in regulation 142.150—the set of documents as changed.

instructor, for a Part 142 operator, means a person engaged by the operator to conduct Part 142 flight training or contracted recurrent training on behalf of the operator.

key personnel, for a Part 142 operator: see regulation 142.025.

low‑flying activity means a flight that is conducted below 500 feet AGL, other than:

(a) climbing from take‑off; and

(b) descending for the purpose of landing.

officer, of a corporation, means:

(a) for a corporation that is a company (within the meaning of the Corporations Act 2001)—a director, secretary or executive officer of the corporation; or

(b) for a corporation of any other kind—a person exercising responsibility, in relation to the corporation, as nearly as possible the same as that of a director, secretary or executive officer of a company (within the meaning of the Corporations Act 2001).

Part 142 activity: see subregulation 142.015(1).

Part 142 authorisation: see subregulation 142.015(5).

Part 142 flight training: see subregulation 142.015(2).

personnel, for a Part 142 operator, includes any of the following persons who have duties or responsibilities that relate to the safe conduct of the operator’s authorised Part 142 activities:

(a) an employee of the operator;

(b) a person engaged by the operator (whether by contract or other arrangement) to provide services to the operator;

recurrent training means the training of the personnel of an aircraft operator or the operator of a flight simulation training device that is conducted to ensure that the personnel are competent to carry out their responsibilities.

significant change, for a Part 142 operator: see regulation 142.030.

training base, for a Part 142 operator, means a facility from which the operator conducts flight training, recurrent training or checking.

142.040 Approvals by CASA for Part 142

(1) If a provision of this Part refers to a person holding an approval under this regulation, the person may apply to CASA, in writing, for the approval.

(2) Subject to regulation 11.055, CASA must grant the approval.

(3) Subregulation 11.055(1B) applies to the granting of an approval under this regulation for the following provisions:

(a) paragraph 142.050(3)(b);

(b) paragraph 142.185(1)(b);

142.045 Legislative instruments—Part 142 operators

For paragraph 98(5A)(a) of the Act, CASA may issue a legislative instrument to prescribe the following:

(a) type ratings for paragraph (d) and subparagraph (g)(i) of the definition of Part 142 flight training in subregulation 142.015(2);

(b) matters for paragraph 142.340(1)(v).

142.050 Part 142 activities—requirement for Part 142 authorisation

(1) A person commits an offence if:

(a) the person conducts a Part 142 activity in an aircraft; and

(b) the person does not hold an AOC that authorises the person to conduct the activity.

Penalty: 50 penalty units.

(2) A person commits an offence if:

(a) the person conducts a Part 142 activity in a flight simulation training device; and

(b) the person does not meet the requirement mentioned in subregulation (3).

Penalty: 50 penalty units.

(3) For paragraph (2)(b), the requirement is that the person must hold:

(a) a certificate under Division 142.B.2 that authorises the person to conduct the activity; or

(b) an approval under regulation 142.040 to conduct the activity.

(4) An offence against this regulation is an offence of strict liability.

142.055 Part 142 activities—compliance with Part 142 authorisations: offence for operators

(1) A Part 142 operator commits an offence if the operator conducts an authorised Part 142 activity for the operator otherwise than in accordance with its Part 142 authorisation.

Penalty: 50 penalty units.

(2) An offence against this regulation is an offence of strict liability.

142.060 Part 142 activities—compliance with conditions of Part 142 authorisations: offence for operators

(1) A Part 142 operator commits an offence if the operator contravenes a condition of its Part 142 authorisation.

Penalty: 50 penalty units.

(2) An offence against this regulation is an offence of strict liability.

Subpart 142.B—Part 142 authorisations

Division 142.B.1—AOCs for Part 142 activities that involve operation of aircraft

142.065 Prescribed purpose—Part 142 activities involving the operation of aircraft

For subsection 27(9) of the Act, conducting a Part 142 activity that involves the operation of an aircraft is a prescribed purpose.

142.070 Prescribed position—safety manager

For paragraph (e) of the definition of key personnel in subsection 28(3) of the Act, the position of safety manager is prescribed for this Part.

142.075 Required material—reference library

For paragraph 28BH(2)(b) of the Act, the following material is required for a Part 142 operator that holds an AOC that authorises the conduct of Part 142 activities that involve the operation of aircraft:

(a) the civil aviation legislation that is relevant to the activities;

(b) the parts of the AIP that are relevant to the activities;

(c) all information about the flight operations of each kind of aircraft that is necessary to ensure the safe conduct of the activities;

(d) any other publications, information or data required for the reference library by the operator’s exposition.

142.080 AOC—application

(1) A person may apply to CASA for the issue of an AOC that authorises the person to conduct a Part 142 activity that involves the operation of an aircraft.

(2) The application must include the following:

(a) the applicant’s name (including any operating or trading name), contact details and ABN (if any);

(aa) if the address of the applicant’s operational headquarters is different from its mailing address—the address of its operational headquarters;

(b) if the applicant is an individual—a statement that the individual is, or proposes to be, the applicant’s chief executive officer;

(d) if the applicant is a corporation registered in Australia that has an ACN—its ACN and the address of its registered office;

(e) if the applicant is a corporation not registered in Australia—the place at which it was incorporated or formed;

(f) the Part 142 activities that the applicant proposes to conduct;

(g) a written undertaking from the person appointed, or proposed to be appointed, as the applicant’s chief executive officer that, if CASA issues the AOC, the applicant will:

(i) be capable of operating in accordance with its exposition and civil aviation legislation; and

(ii) operate in accordance with its exposition and civil aviation legislation.

Note: See also sections 27AB and 27AC of the Act.

(3) The application must be:

(a) accompanied by a copy of the applicant’s proposed exposition; and

(b) signed by the person appointed, or proposed to be appointed, as the applicant’s chief executive officer.

142.085 AOC—conditions for issue

(1) It is a condition for the issue to the applicant of an AOC that authorises the applicant to conduct Part 142 activities that CASA is satisfied of each of the following:

(a) the applicant’s proposed exposition complies with regulation 142.340;

(b) the applicant can conduct the activities safely and in accordance with its exposition and civil aviation legislation;

(i) is a fit and proper person to be issued an AOC that authorises the conduct of the activities; and

(ii) is, or proposes to be, the applicant’s chief executive officer;

(d) if the applicant is a corporation—each officer of the corporation is a fit and proper person to be an officer of a corporation that is issued an AOC that authorises the conduct of the activities;

(e) each of the applicant’s proposed key personnel;

(i) is a fit and proper person to be appointed to the position; and

(ii) has the qualifications and experience required by Subpart 142.D for the position; and

(iii) has the qualifications and experience required by the applicant under subparagraph 142.340(1)(e)(i) for the position (if any); and

(iv) has the additional qualifications and experience required by CASA under regulation 142.215 for the position (if any).

Note: These matters are in addition to the matters specified in section 28 of the Act.

(2) For paragraph (1)(b), without limiting the matters that CASA may consider, CASA must consider the following:

(a) the applicant’s proposed exposition;

(b) whether the applicant can comply with the proposed exposition;

(d) details of, and the reasons for, any suspension or cancellation of:

(i) a civil aviation authorisation issued to the applicant; or

(ii) an equivalent authorisation issued to the applicant:

(A) under the law of a foreign country; or

(B) by a multinational aviation authority;

(e) the suitability of the applicant’s corporate and organisational structures for the activities;

(f) any other information:

(i) accompanying the application; or

(ii) in any other document submitted to CASA by the applicant for the application, including any document requested by CASA in relation to the application.

(3) For paragraphs (1)(c) to (e), the matters CASA may consider in deciding whether a person is a fit and proper person include the following:

(a) the person’s criminal record (if any), whether in Australia or a foreign country;

(b) the person’s bankruptcy (if any), whether in Australia or a foreign country;

(d) any evidence held by CASA that the person has contravened:

(i) civil aviation legislation; or

(ii) another law relating to transport (including aviation) safety, whether in Australia or a foreign country;

(e) the person’s demonstrated attitude towards compliance with regulatory requirements, in Australia or a foreign country, relating to transport (including aviation) safety;

(f) the record of compliance with regulatory requirements relating to transport (including aviation) safety of any corporation in Australia or a foreign country in which the person:

(i) is or was an officer or partner (however described); or

(ii) holds or held a position equivalent to any of the applicant’s key personnel;

(g) for any corporation in which the person is or was an officer, or holds or held a position equivalent to any of the applicant’s key personnel, in Australia or a foreign country, the following records:

(i) the corporation’s criminal record (if any);

(ii) the corporation’s record of insolvency, bankruptcy, receivership or winding up (if any);

(iii) the corporation’s record (if any) as a body subject to investigation or comment by any statutory authority established to regulate the share dealings or financial affairs of corporations;

(h) any other matter relating to the fitness of the person to:

(i) for an applicant—hold an AOC that authorises the conduct of the activities; or

(ii) for an officer or proposed officer—be an officer of a corporation that holds an AOC that authorises the conduct of the activities.

142.095 AOC—approval of exposition

If CASA issues an AOC to the applicant that authorises the conduct of the proposed Part 142 activities, CASA is taken to have also approved the applicant’s proposed exposition.

142.100 AOC—conditions

(1) For paragraph 28BA(1)(b) of the Act, each of the following is a condition of an AOC issued to an operator that authorises the conduct of Part 142 activities:

(a) the operator must comply with each direction given to the operator, or obligation imposed on the operator, by CASA under a provision of these Regulations;

(b) each of the operator’s key personnel must comply with:

(i) each provision of this Part that applies to the person; and

(ii) each direction given to the person, or obligation imposed on the person, by CASA under a provision of these Regulations; and

(iii) each other provision of civil aviation legislation that applies to the activities;

(d) each of the operator’s personnel must comply with each provision of civil aviation legislation that applies to the activities;

(e) if the operator is an individual—the individual must be the operator’s chief executive officer;

(f) the positions of chief executive officer and safety manager may be occupied by the same person only:

(i) in an unforeseen circumstance; and

(ii) for the period mentioned in subregulation (2);

(g) the positions of head of operations and safety manager may be occupied by the same person only:

(i) in an unforeseen circumstance; and

(ii) for the period mentioned in subregulation (2).

(2) For subparagraphs (1)(f)(ii) and (g)(ii), the period is:

(a) no more than 7 consecutive days for each unforeseen circumstance; or

(b) if the operator holds an approval under regulation 142.040 for this paragraph in relation to an unforeseen circumstance—the period mentioned in the approval for the unforeseen circumstance.

Division 142.B.2—Certificates for Part 142 activities conducted in flight simulation training devices

142.105 Certificate—application

(1) A person may apply to CASA, in writing, for a certificate authorising the person to conduct Part 142 activities in flight simulation training devices.

(2) The application must include the following:

(a) the information and documents mentioned in paragraphs 142.080(2)(a) to (f);

(b) a written undertaking from the person appointed, or proposed to be appointed, as the applicant’s chief executive officer that, if CASA issues the certificate, the applicant will:

(i) be capable of operating in accordance with its exposition and civil aviation legislation; and

(ii) operate in accordance with its exposition and civil aviation legislation.

(3) The application must be:

(a) accompanied by a copy of the applicant’s proposed exposition; and

(b) signed by the person appointed, or proposed to be appointed, as the applicant’s chief executive officer.

142.110 Certificate—issue

(1) Subject to regulation 11.055, CASA must issue the certificate if satisfied of each of the following:

(a) the matters mentioned in subregulation 142.085(1);

(b) the applicant’s organisation is suitable to ensure that the activities can be conducted safely, having regard to the nature of the activities;

(c) the chain of command of the applicant’s organisation is appropriate to ensure that the activities can be conducted safely;

(d) the applicant’s organisation has a sufficient number of suitably qualified and competent personnel to conduct the activities safely;

(e) the facilities of the applicant’s organisation are sufficient to enable the activities to be conducted safely;

(f) the applicant’s organisation has suitable procedures and practices to control the organisation and ensure the activities can be conducted safely.

(2) For subregulation (1), in deciding whether an applicant is capable of conducting the activities safely and in accordance with its exposition and civil aviation legislation, CASA must consider:

(a) the matters set out in paragraphs 142.085(2)(a), (b) and (d) to (f); and

(b) the content of the undertaking mentioned in paragraph 142.105(2)(b).

(3) For subregulation (1), the matters CASA may consider in deciding whether a person is a fit and proper person include the matters mentioned in subregulation 142.085(3).

(4) For this regulation, regulation 142.085 applies to an application for a certificate as if:

(a) a reference to an AOC were a reference to a certificate; and

(b) any other necessary changes had been made.

(5) If CASA decides to issue the certificate, CASA must determine the Part 142 activities the applicant is authorised to conduct in flight simulation training devices, including any limitations or conditions in relation to the activities.

(6) The certificate must include:

(a) the matters mentioned in subregulation (5); and

(b) a certificate reference number determined by CASA.

(7) If, under regulation 142.145, CASA approves a significant change to a Part 142 operator that holds a certificate under this Division, CASA may issue a new certificate to the operator.

142.115 Certificate—approval of exposition

If CASA issues the certificate to the applicant, CASA is taken to have also approved the applicant’s proposed exposition.

142.120 Certificate—conditions

(1) Each of the following is a condition of a certificate issued to an operator under this Division:

(a) the operator must comply with:

(i) each provision of this Part that applies to the operator; and

(ii) each direction given to the operator, or obligation imposed on the operator, by CASA under a provision of these Regulations; and

(iii) each other provision of civil aviation legislation that applies to the operator’s authorised Part 142 activities covered by the certificate;

(b) each of the operator’s key personnel must comply with:

(i) each provision of this Part that applies to the person; and

(ii) each direction given to the person, or obligation imposed on the person, by CASA under a provision of these Regulations; and

(iii) each other provision of civil aviation legislation that applies to the activities covered by the certificate;

(d) each of the operator’s personnel must comply with each provision of civil aviation legislation that applies to the activities;

(e) if the operator is an individual—the individual must be the operator’s chief executive officer;

(f) the positions of chief executive officer and quality assurance manager may be occupied by the same person only:

(i) in an unforeseen circumstance; and

(ii) for the period mentioned in subregulation (2);

(g) the positions of head of operations and quality assurance manager may be occupied by the same person only:

(i) in an unforeseen circumstance; and

(ii) for the period mentioned in subregulation (2).

(2) For subparagraphs (1)(f)(ii) and (g)(ii), the period is:

(a) no more than 7 consecutive days for each unforeseen circumstance; or

(b) if the operator holds an approval under regulation 142.040 for this paragraph in relation to an unforeseen circumstance—the period mentioned in the approval for the unforeseen circumstance.

142.125 Certificate holders—reference library

(1) A Part 142 operator that holds a certificate under this Division commits an offence if the operator does not maintain a reference library that complies with subregulation (2).

Penalty: 50 penalty units.

(2) For subregulation (1), the reference library must:

(a) include the following documents:

(i) all operational documents and material;

(ii) the civil aviation legislation that is relevant to the operator’s authorised Part 142 activities covered by the certificate;

(iii) the parts of the AIP that are relevant to the activities;

(iv) documents that include information about the operation or maintenance of each kind of flight simulation training device operated by the operator to conduct the activities;

(v) any other publications, information or data required for the reference library by the operator’s exposition; and

(b) be readily available to all members of the operator’s personnel; and

(3) A Part 142 operator commits an offence if the operator does not keep up‑to‑date records of the distribution of operational documents to members of the operator’s personnel.

Penalty: 50 penalty units.

(4) An offence against this regulation is an offence of strict liability.

142.130 Certificate holders—regulations 11.070 to 11.075 do not apply in relation to certain matters

Regulations 11.070 to 11.075 do not apply to the following for a Part 142 operator that holds a certificate under this Division:

(a) a change of which CASA is notified under regulation 142.135;

(b) a significant change that is approved by CASA under regulation 142.145;

(d) a change that is made as a consequence of a change made to the organisation’s exposition in accordance with a direction given by CASA under regulation 142.155.

Subpart 142.C—Part 142 operators—changes

142.135 Part 142 operators—changes of name etc

(1) A Part 142 operator commits an offence if the operator:

(a) makes a change mentioned in subregulation (2); and

(b) does not, before making the change:

(i) amend its exposition to reflect the change; and

(ii) give CASA written notice of the change and a copy of the amended part of the exposition clearly identifying the change.

Penalty: 50 penalty units.

(2) For paragraph (1)(a), the changes are the following:

(a) a change to its name (including any operating or trading name) or contact details;

(b) if the address of the applicant’s operational headquarters is different from its mailing address—a change to the address of its operational headquarters.

(3) An offence against this regulation is an offence of strict liability.

142.140 Part 142 operators—application for approval of significant change

(1) A Part 142 operator commits an offence if:

(a) the operator makes a significant change other than a significant change mentioned in subregulation (2) or (3); and

(b) CASA has not approved the significant change.

Penalty: 50 penalty units.

(2) A Part 142 operator commits an offence if:

(b) the operator does not apply to CASA for approval of the change, in accordance with subregulation (4), within 7 days after the change is made.

Penalty: 50 penalty units.

(3) A Part 142 operator commits an offence if:

(b) the operator does not apply to CASA for approval of the change, in accordance with subregulation (4), within 3 days after the change is made.

Penalty: 50 penalty units.

(4) An application for approval of a significant change must:

(a) be in writing; and

(b) set out the change; and

(c) be accompanied by a copy of the part of the operator’s exposition affected by the change, clearly identifying the change.

(5) An offence against this regulation is an offence of strict liability.

142.145 Part 142 operators—approval of significant changes

(1) CASA may approve a significant change for a Part 142 operator that holds an AOC that authorises the operator to conduct Part 142 activities only if satisfied that the requirements mentioned in section 28 of the Act and subregulation 142.085(1) will continue to be met.

(2) Subject to regulation 11.055, CASA must approve a significant change for a Part 142 operator that holds a certificate under Division 142.B.2 if satisfied that the requirements mentioned in subregulation 142.110(1) will continue to be met.

(3) If CASA approves the significant change, CASA is taken to have also approved the changes to the operator’s exposition covered by the application.

142.150 Part 142 operators—process for making changes

(1) A Part 142 operator commits an offence if:

(a) the operator makes a change; and

(b) the change is not made in accordance with the process described in the operator’s exposition for making changes.

Penalty: 50 penalty units.

(2) An offence against this regulation is an offence of strict liability.

142.155 Part 142 operators—CASA directions relating to exposition or key personnel

(1) If satisfied that it is necessary in the interests of aviation safety, CASA may direct a Part 142 operator to change its exposition:

(a) to remove particular information, procedures or instructions from the exposition; or

(b) to include particular information, procedures or instructions in the exposition; or

(2) CASA may direct a Part 142 operator to remove any of the operator’s key personnel from the person’s position if satisfied that the person is not:

(a) carrying out the responsibilities of the position; or

(b) if the person is the chief executive officer—properly managing matters for which the person is accountable.

(3) A direction under this regulation must:

(a) be in writing; and

(b) state the time within which the direction must be complied with.

(4) A Part 142 operator commits an offence if:

(a) CASA gives the operator a direction under this regulation; and

(b) the operator does not comply with the direction within the time stated in the direction.

Penalty: 50 penalty units.

(5) An offence against this regulation is an offence of strict liability.

Subpart 142.D—Part 142 operators—organisation and personnel

Note: For the qualifications for the position of head of aircraft airworthiness and maintenance control, see the qualifications specified in the Part 42 Manual of Standards for the position of continuing airworthiness manager.

142.160 Part 142 operators—organisation and personnel

(1) A Part 142 operator must maintain an organisational structure that effectively manages its authorised Part 142 activities, taking into account the following:

(a) the nature and complexity of the activities;

(b) the number and kinds of aircraft or flight simulation training devices used to conduct the activities;

(d) the number of the operator’s personnel;

(e) for Part 142 flight training—the number of course participants undertaking the training;

(f) for contracted recurrent training—the number of contracting operators and the number of their personnel for which the Part 142 operator is conducting contracted recurrent training;

(g) for contracted checking—the number of contracting operators and the number of their personnel for which the Part 142 operator is conducting contracted checking.

(2) A Part 142 operator commits an offence if any of the operator’s key personnel carries out a responsibility of the person’s position otherwise than in accordance with the operator’s exposition or this Subpart.

Penalty: 50 penalty units.

142.165 Part 142 operators—key personnel cannot carry out responsibilities

(1) A Part 142 operator commits an offence if:

(a) the operator becomes aware that any of its key personnel cannot carry out, or is likely to be unable to carry out, the person’s responsibilities for a period of longer than 35 days; and

(b) the operator does not tell CASA of the matter mentioned in paragraph (a) within the time mentioned in subregulation (2).

Penalty: 50 penalty units.

(2) For paragraph (1)(b), the time is:

(a) if there is not another person authorised to carry out the responsibilities for all or part of the period—24 hours after the operator becomes aware of the matter; or

(b) if there is another person authorised to carry out the responsibilities for all or part of the period—3 days after the operator becomes aware of the matter.

142.170 Part 142 operators—familiarisation training for key personnel

A Part 142 operator must ensure that before a person appointed as any of the operator’s key personnel begins to carry out the responsibilities of the position, the person has completed any training that is necessary to familiarise the person with the responsibilities.

142.175 Part 142 operators—chief executive officer: experience

The chief executive officer of a Part 142 operator must have sufficient relevant experience in organisational, operational, financial and people management of air operations to enable the operator to conduct safe operations in accordance with its exposition and civil aviation legislation.

142.180 Part 142 operators—chief executive officer: responsibilities and accountabilities

(1) The chief executive officer of a Part 142 operator is responsible for the following:

(a) ensuring that, for the safe conduct of the operator’s authorised Part 142 activities in accordance with the operator’s Part 142 authorisation, exposition and civil aviation legislation, the operator:

(i) has sufficient suitably experienced, qualified and competent personnel; and

(ii) has a suitable management structure; and

(iii) is adequately financed and resourced;

(b) ensuring that the operator:

(i) sets and maintains standards for the activities in accordance with the operator’s exposition; and

(ii) complies with civil aviation legislation;

(i) implements and manages the operator’s safety management system; and

(ii) has procedures that ensure that all of the operator’s personnel understand the operator’s safety policy; and

(iii) has an organisational structure that ensures that the safety manager is independent and not subject to undue influence; and

(iv) tells CASA if the operator enters into a leasing, financing or other arrangement for the supply of a turbine‑engined aircraft for use in the activities; and

(v) tells CASA if the operator becomes aware that any arrangement mentioned in subparagraph (iv) may:

(A) affect the operator’s safe conduct of the activities; or

(B) contravene a provision of civil aviation legislation or the law of the country in which the aircraft is registered; and

(vi) complies with the aviation safety laws of each foreign country (if any) where the operator conducts the activities; and

(vii) for each foreign registered aircraft (if any) used in the activities—maintains the aircraft in accordance with the law of the country in which the aircraft is registered;

(d) if the operator conducts the activities only in flight simulation training devices—ensuring that the operator implements and manages the operator’s quality assurance management system;

(e) establishing and regularly reviewing the operator’s safety performance indicators and targets;

(f) ensuring that the operator’s exposition is monitored and managed for continuous improvement;

(g) ensuring that key personnel satisfactorily carry out the responsibilities of their positions in accordance with:

(i) the operator’s exposition; and

(ii) civil aviation legislation.

(2) The chief executive officer of a Part 142 operator is accountable to the operator and CASA for ensuring the responsibilities mentioned in subregulation (1) are carried out effectively.

142.185 Part 142 operators—head of operations: qualifications and experience

(1) The head of operations of a Part 142 operator must:

(a) meet the requirements mentioned in subregulation (2); or

(b) hold an approval under regulation 142.040 to be the head of operations for the operator.

(2) For paragraph (1)(a), the requirements are that the person must:

(a) hold, and be able to exercise the privileges of, a flight examiner rating; and

(b) hold the pilot licence required by subregulation (3); and

(c) be authorised under Part 61 to pilot a kind of aircraft that is used to conduct a significant proportion of the operator’s authorised Part 142 activities; and

(d) have the experience required by subregulation (4); and

(e) have a satisfactory record in the conduct or management of air operations; and

(f) have sufficient safety and regulatory knowledge to enable the operator to conduct the activities safely and in accordance with its exposition and civil aviation legislation.

(3) For paragraph (2)(b), the licence required is:

(a) if any of the activities relate to the operation of an aircraft for a multi‑crew operation—an air transport pilot licence; or

(b) in any other case—a commercial pilot licence or an air transport pilot licence.

(4) For paragraph (2)(d), the experience required is:

(a) if the operator holds an approval under regulation 142.040 for this paragraph—the experience mentioned in paragraph (5)(a) or (b); or

(b) if paragraph (a) does not apply—the experience mentioned in paragraphs (5)(a) and (b).

(5) For subregulation (4), the experience is the following:

(a) at least 500 hours flight time on a kind of aircraft used to conduct a significant proportion of the activities;

(b) at least 6 months experience in the conduct or management of air operations conducted under an AOC or equivalent foreign authorisation.

(6) CASA may, by written notice given to a head of operations, or proposed head of operations, of a Part 142 operator, direct the person to undertake an assessment mentioned in subregulation (7).

(7) For subregulation (6), the assessment:

(a) is an assessment conducted by CASA or a person nominated by CASA to demonstrate suitability as head of operations for the operator; and

(b) may include assessment in an aeroplane, rotorcraft, airship or flight simulation training device.

142.190 Part 142 operators—head of operations: responsibilities

(1) The head of operations of a Part 142 operator must safely manage the authorised Part 142 activities of the operator.

(2) Without limiting subregulation (1), the responsibilities of the head of operations include the following:

(a) monitoring and maintaining, and reporting to the chief executive officer on, the operator’s compliance with the provisions of civil aviation legislation and the operator’s exposition that apply to the activities;

(b) setting and maintaining the operator’s standards for the activities in accordance with the operator’s exposition;

(c) if the activities include flight training or contracted recurrent training—ensuring that the training is conducted in accordance with the operator’s training management system;

(d) ensuring that the activities are monitored effectively;

(e) managing the maintenance and continuous improvement of the operator’s fatigue risk management system (if any);

(f) ensuring the proper allocation and deployment of aircraft, flight simulation training devices and personnel for use in the activities;

(g) ensuring that the operator’s personnel are provided with the information and documentation necessary to properly carry out their responsibilities;

(h) if the operator conducts an activity in a flight simulation training device—ensuring that the device is used only in accordance with the operator’s exposition;

(i) if the operator conducts an activity in a flight simulator or flight training device—ensuring that the simulator or device is qualified under Part 60;

(j) if the operator conducts an activity in a synthetic trainer—ensuring that the trainer is approved under Civil Aviation Order 45.0;

(k) if the operator conducts an activity in any other device—ensuring that the device:

(i) meets the qualification standards prescribed by a legislative instrument under regulation 61.045; or

(ii) is qualified (however described) by the national aviation authority of a recognised foreign State (within the meaning of regulation 61.010);

(l) ensuring that each instructor who conducts an activity for the operator:

(i) has access to the parts of the operator’s exposition that relate to the instructor’s duties; and

(ii) holds a valid standardisation and proficiency check for the operator under regulation 142.325;

(m) ensuring that each examiner who conducts an activity for the operator has access to the parts of the operator’s exposition that relate to the examiner’s duties;

(n) ensuring that each instructor or examiner who conducts an activity for the operator:

(i) is authorised to conduct the activity under Part 61; and

(ii) has successfully completed the training set out in the operator’s internal training and checking system manual; and

(iii) meets the requirements in the operator’s exposition about training in human factors principles and non‑technical skills;

(o) reporting to the chief executive officer on the operator’s compliance with the matters mentioned in paragraph (n);

(p) ensuring that each instructor or examiner who conducts contracted recurrent training or contracted checking for the operator has access to the contracting operator’s training and checking manual;

(q) if an instructor attempts but does not successfully complete a standardisation and proficiency check mentioned in the operator’s internal training and checking system manual—telling CASA, in writing, within 14 days after the date of the attempt, of the person’s name, position and ARN;

(r) ensuring that the operator establishes and maintains effective communication, in relation to the activities, with CASA and each contracting operator for which the operator conducts contracted recurrent training or contracted checking;

(s) ensuring that written reports are provided to the head of training and checking of each contracting operator in relation to the performance of each person for whom the operator conducts contracted recurrent training or contracted checking;

(t) if the operator conducts the activities in aircraft—ensuring that the operator complies with section 28BH of the Act in relation to flight crew.

142.195 Part 142 operators—safety manager: experience

The safety manager of a Part 142 operator must have:

(a) sufficient relevant safety management experience to capably lead, manage and set standards to enable the operator to safely implement its safety management system in accordance with its exposition; and

(b) a satisfactory record in the conduct or management of air operations; and

(c) sufficient safety and regulatory knowledge to enable the operator to conduct safe authorised Part 142 activities in accordance with its exposition and civil aviation legislation.

Note: A Part 142 operator must have a safety manager if the operator conducts authorised Part 142 activities only in aircraft, or in aircraft and flight simulation training devices: see regulation 142.025, definition of key personnel.

142.200 Part 142 operators—safety manager: responsibilities

(1) The safety manager of a Part 142 operator must manage the safety management system of the operator.

(2) Without limiting subregulation (1), the responsibilities of the safety manager include:

(a) managing the operation of the safety management system including managing corrective, remedial and preventative action in relation to the system; and

(b) regularly reporting to the chief executive officer on the effectiveness of the safety management system; and

(i) safety management system;

(ii) fatigue risk management system (if any).

142.205 Part 142 operators—quality assurance manager: experience

The quality assurance manager of a Part 142 operator must have:

(a) sufficient relevant quality assurance management experience to capably lead, manage and set standards to enable the operator to safely implement its quality assurance management system in accordance with its exposition; and

(b) sufficient safety and regulatory knowledge to enable the operator to conduct authorised Part 142 activities safely and in accordance with its exposition and civil aviation legislation.

Note: A Part 142 operator must have a quality assurance manager if the operator conducts authorised Part 142 activities only in flight simulation training devices: see regulation 142.025, definition of key personnel.

142.210 Part 142 operators—quality assurance manager: responsibilities

(1) The quality assurance manager of a Part 142 operator must manage the quality assurance management system of the operator.

(2) Without limiting subregulation (1), the responsibilities of the quality assurance manager include:

(a) managing the operation of the quality assurance management system including managing corrective, remedial and preventative action in relation to the system; and

(b) regularly reporting to the chief executive officer on the effectiveness of the quality assurance management system; and

142.215 Part 142 operators—key personnel: additional qualifications and experience requirements

(1) This regulation applies to:

(a) an applicant for a Part 142 authorisation; and

(b) a Part 142 operator.

(a) to undertake a stated examination; or

(b) to be interviewed by CASA; or

(4) In deciding whether to give a direction under this regulation, CASA must have regard to, but is not limited to considering, the following:

(a) the need to ensure that the applicant or operator can conduct safe authorised Part 142 activities in accordance with its exposition and civil aviation legislation;

(b) the nature and complexity of the activities;

(d) how recently the person has used his or her aviation skills;

(e) whether the person is able to exercise the privileges of each civil aviation authorisation held by the person.

Subpart 142.E—Part 142 operators—instructors and examiners

142.220 Part 142 activities—instructors and examiners must comply with Part 142 authorisation

(1) An instructor or examiner for a Part 142 operator commits an offence if the instructor or examiner conducts a Part 142 activity otherwise than in accordance with the operator’s Part 142 authorisation.

Penalty: 50 penalty units.

(2) An offence against this regulation is an offence of strict liability.

142.225 Part 142 activities—instructors and examiners must comply with exposition

(1) An instructor or examiner for a Part 142 operator commits an offence if the instructor or examiner conducts an authorised Part 142 activity for the operator otherwise than in accordance with the operator’s exposition.

Penalty: 50 penalty units.

(2) An offence against this regulation is an offence of strict liability.

142.230 Part 142 operators—instructors and examiners must be authorised under Part 61

(1) A Part 142 operator commits an offence if:

(a) an instructor or examiner for the operator conducts an authorised Part 142 activity for the operator; and

(b) the instructor or examiner is not authorised under Part 61 to conduct the activity.

Penalty: 50 penalty units.

(2) An offence against this regulation is an offence of strict liability.

142.235 Part 142 operators—instructors and examiners must have access to records

(1) A Part 142 operator commits an offence if:

(a) an instructor or examiner for the operator conducts an authorised Part 142 activity for the operator; and

(b) the instructor or examiner does not have access to the operator’s records for the persons participating in the activity.

Penalty: 50 penalty units.

(2) An offence against this regulation is an offence of strict liability.

142.240 Part 142 operators—instructors and examiners must be competent to conduct authorised Part 142 activities in flight simulation training devices

(1) A Part 142 operator commits an offence if:

(a) an instructor or examiner for the operator conducts an authorised Part 142 activity for the operator in a flight simulation training device; and

(b) the instructor or examiner has not been assessed by the operator as competent to conduct the activity in the device.

Penalty: 50 penalty units.

(2) An offence against this regulation is an offence of strict liability.

142.245 Part 142 operators—person recommended for flight test

(1) A Part 142 operator and the operator’s head of operations each commit an offence if:

(a) a person is recommended for a flight test by:

(i) the head of operations; or

(ii) a person named in the operator’s exposition as responsible for the Part 142 activity to which the flight test relates; and

(b) the person is not eligible under regulation 61.235 to undertake the test.

Penalty: 50 penalty units.

(2) An offence against this regulation is an offence of strict liability.

Subpart 142.F—Part 142 operators—training management system

142.250 Part 142 operators—training management system

A Part 142 operator must have a training management system that meets the requirements of regulation 142.255.

142.255 Part 142 operators—training management system requirements

The training management system must include the following:

(a) for each kind of Part 142 flight training or contracted recurrent training that is an authorised Part 142 activity for the operator—a course outline, detailed syllabus, standards to be met and record forms;

(b) the procedures to be followed when a standard is not met;

(c) an auditable system for maintaining records of the results of the operator’s flight training or contracted recurrent training.

Subpart 142.G—Part 142 operators—safety management system

142.260 Part 142 operators—safety management system

A Part 142 operator that conducts authorised Part 142 activities only in aircraft, or in aircraft and flight simulation training devices, must have a safety management system that meets the requirements of regulation 142.265.

142.265 Part 142 operators—safety management system requirements

(1) The safety management system must be a systemic approach to managing safety that:

(a) includes the matters mentioned in subregulation (2); and

(b) ensures that the operator’s authorised Part 142 activities are conducted in a planned and systematic manner and identifies and addresses deficiencies in training outcomes; and

(i) ensures the correct operation and maintenance of the devices; and

(ii) without limiting subparagraph (i), includes the matters mentioned in subregulation 142.275(2); and

(d) integrates human factors principles.

(2) For paragraph (1)(a), the matters are the following:

(a) organisational structures, accountabilities, policies and procedures necessary to manage safety in a systemic way;

(b) a statement of the operator’s safety policy, objectives and planning, including details of the following:

(i) the management commitment to, and responsibility for, safety;

(ii) the safety accountabilities of managers (including key personnel);

(iii) the appointment of safety management personnel;

(iv) how human factors principles are integrated into the safety management system;

(v) a safety management system implementation plan;

(vi) relevant third party relationships and interactions;

(vii) coordination of an emergency response plan;

(viii) safety management system documentation;

(i) hazard identification processes; and

(ii) risk assessment and mitigation processes;

(d) a safety assurance system, including:

(i) details of processes for:

(A) safety performance monitoring and measurement; and

(B) internal safety investigation; and

(D) continuous improvement of the safety management system; and

(ii) if the operator operates an aircraft mentioned in subregulation (3) for the activities—a flight data analysis program that meets the requirements mentioned in subregulation (4);

(e) a safety training and promotion system, including details of the following:

(i) safety management system training and education;

(ii) safety management system safety communication.

(3) For subparagraph (2)(d)(ii), the aircraft are the following:

(a) an aeroplane with a maximum certificated take‑off weight of more than 27 000 kg;

(b) a rotorcraft with a maximum certificated take‑off weight of more than 7 000 kg.

(4) For subparagraph (2)(d)(ii), the requirements are that the flight data analysis program must:

(a) regularly record and analyse the operational flight data of individual and aggregated operations for the purpose of improving the safety of flight operations; and

(b) be provided by:

(i) the operator; or

(ii) another appropriate person; and

(i) the identity of a person who is the source of data is protected from disclosure to anyone other than the following:

(A) a person whose duties require the person to analyse operational flight data;

(B) a person who has access to the person’s identity solely for the purpose of analysing operational flight data;

(C) a pilot appointed by the operator to liaise with flight crew in relation to matters arising from the flight data analysis program; and

(ii) no punitive action in relation to the data may be taken by the operator against the person.

(5) For subparagraph (4)(b)(ii), the provision of the flight data analysis program by an appropriate person does not in any way compromise the operator’s responsibility to provide, and ensure the effectiveness of, the program.

(6) For paragraph (4)(c), the identity of a person who is the source of data may be disclosed:

(a) with the written consent of the person; or

(b) under a court order.

(7) For paragraph (4)(c), the identity of a person who is the source of data may be disclosed, and the operator may take punitive action against the person, if the operator has evidence that the person:

(a) deliberately contravened a provision of civil aviation legislation or the operator’s exposition; or

(b) persistently engaged in unsafe actions without appropriate safety reasons.

(8) Without limiting paragraph (1)(b), the system must include the following:

(a) a process for auditing the activities;

(b) a process for promoting the continual improvement of the activities;

(c) a process for evaluating the training outcomes from pre‑flight test assessments and post‑flight test feedback from examiners;

(d) a process for regularly assessing the suitability of the operator’s facilities and resources used for conducting the activities;

(e) a process for recommending changes to the following:

(i) the safety management system;

(ii) the training management system;

(iii) the internal training and checking system.

Subpart 142.H—Part 142 operators—quality assurance management system

142.270 Part 142 operators—quality assurance management system

A Part 142 operator that conducts authorised Part 142 activities only in flight simulation training devices must have a quality assurance management system that meets the requirements of regulation 142.275.

142.275 Part 142 operators—quality assurance management system requirements

(1) The quality assurance system must:

(a) ensure the correct operation and maintenance of the flight simulation training devices; and

(b) ensure that the operator’s authorised Part 142 activities are conducted in a planned and systematic manner and identifies and addresses deficiencies in training outcomes.

(2) Without limiting paragraph (1)(a), the system must include the following:

(a) quality policy;

(b) management responsibility;

(d) resource allocation;

(e) quality procedures;

(f) internal audit.

(3) Without limiting paragraph (1)(b), the system must include the following:

(a) a process for auditing the activities;

(b) a process for promoting the continual improvement of the activities;

(c) a process for evaluating the training outcomes from pre‑flight test assessments and post‑flight test feedback from examiners;

(d) a process for regularly assessing the suitability of the operator’s facilities and resources used for conducting the activities;

(e) a process for recommending changes to the following:

(i) the quality assurance management system;

(ii) the training management system;

(iii) the internal training and checking system.

Subpart 142.J—Part 142 operators—internal training and checking

142.310 Part 142 operators—internal training and checking system

A Part 142 operator must have an internal training and checking system for its personnel that meets the requirements of regulation 142.315.

142.315 Part 142 operators—internal training and checking system requirements

The internal training and checking system must include the following:

(a) a description of the operator’s internal training and checking, including details of how the training and checking is conducted;

(b) a description of the duties and responsibilities assigned to personnel conducting internal training and checking;

(d) procedures that ensure that each of the operator’s personnel:

(i) has an understanding of the operator’s training management system; and

(ii) completes internal training and checking as described under paragraph (a); and

(iii) is supervised effectively;

(e) command responsibility during flights for internal training and checking;

(f) for each kind of internal training and checking conducted by or for the operator—the minimum number of check pilots and the minimum crew qualifications required by the operator for the training (if any);

(g) any general restrictions, specifications or safety precautions for internal training and checking (including in relation to fuel load, ballast and minimum weather conditions);

(h) methods of conducting internal training and checking including the following:

(i) the standards to be achieved;

(ii) training sequences for common faults;

(iii) the method of simulating emergencies or malfunctions;

(i) procedures that ensure that an instructor who conducts an authorised Part 142 activity for the operator holds a valid standardisation and proficiency check for the operator under regulation 142.325;

(j) procedures that ensure that an instructor who uses a flight simulation training device to conduct an authorised Part 142 activity for the operator is competent to use the device to conduct the activity.

142.320 Part 142 operators—proficiency of instructors

(1) A Part 142 operator commits an offence if:

(a) an instructor for the operator conducts an authorised Part 142 activity for the operator; and

(b) the instructor does not meet the requirement mentioned in subregulation (2).

Penalty: 50 penalty units.

(2) For paragraph (1)(b), the requirement is that the instructor must:

(a) hold a valid standardisation and proficiency check for the operator under regulation 142.325; or

(b) be successfully participating in the operator’s internal training and checking system.

(3) An offence against this regulation is an offence of strict liability.

142.325 Part 142 operators—holding valid standardisation and proficiency check for operator

(1) An instructor for a Part 142 operator holds a valid standardisation and proficiency check for the operator if:

(a) the instructor has successfully completed the operator’s standardisation and proficiency check; and

(b) the check complies with regulation 142.330; and

(2) A standardisation and proficiency check is valid for the period comprising:

(a) the period beginning on the day on which the check is completed, and ending at the end of the month in which the check is completed; and

(b) the period of 12 months immediately following the month in which the check was completed.

(3) If:

(a) an instructor holds a standardisation and proficiency check that is valid under subregulation (2) (the existing check); and

(b) the instructor successfully completes a new standardisation and proficiency check on a day that is less than 3 months before the day on which the existing check is due to expire;

the new check is valid for 12 months beginning at the end of the day on which the existing check expires.

142.330 Part 142 operators—standardisation and proficiency check requirements

(1) A Part 142 operator’s standardisation and proficiency check for an instructor must check the competency of the instructor to conduct the Part 142 activity that the operator has engaged the instructor to conduct.

(2) The check must be carried out by:

(a) the operator’s head of operations; or

(b) a person authorised to conduct the check by the operator’s head of operations.

142.335 Part 142 operators—instructors and examiners—training in human factors principles and non‑technical skills

(1) A Part 142 operator commits an offence if:

(a) an instructor or examiner for the operator conducts an authorised Part 142 activity for the operator; and

(b) the instructor or examiner does not meet the requirements in the operator’s exposition about training in human factors principles and non‑technical skills.

Penalty: 50 penalty units.

(2) An offence against this regulation is an offence of strict liability.

Subpart 142.K—Part 142 operators—expositions

142.340 Part 142 operators—content of exposition

(1) An exposition for a Part 142 operator must include the following:

(a) the operator’s name (including any operating or trading name), contact details and ABN (if any);

(b) the address of:

(i) the operator’s operational headquarters; and

(ii) each of the operator’s training bases;

(c) a description and diagram of the operator’s organisational structure showing formal reporting lines including the formal reporting lines for each of the key personnel;

(d) if the operator is a corporation—a description of the operator’s corporate structure;

(e) for each of the key personnel, the following information:

(i) the qualifications and experience (if any) required by the operator for the position in addition to the qualifications and experience required under Subpart 142.D for the position;

(ii) each matter (if any) for which the holder of the position is responsible in addition to the responsibilities mentioned in Subpart 142.D for the position;

(iii) the name of the person appointed to the position;

(iv) the name of each person authorised to carry out the responsibilities of the position when the position holder:

(A) is absent from the position; or

(B) cannot carry out the responsibilities;

(v) a description of how the operator will manage the responsibilities of the position during a circumstance mentioned in subparagraph (iv);

(f) each matter (if any) for which the chief executive officer is responsible and accountable in addition to the matters mentioned in regulation 142.180;

(g) if the operator’s authorised Part 142 activities include Part 142 flight training—the name of each instructor appointed by the operator’s head of operations to have responsibility for particular flight training;

(h) a description of the operator’s program for training and assessing personnel in human factors principles and non‑technical skills;

(i) details of the responsibilities of the operator’s personnel (other than key personnel) under these Regulations;

(j) a description of the authorised Part 142 activities conducted by the operator including:

(i) for Part 142 flight training or contracted recurrent training:

(A) the training plans and syllabuses for the training; and

(B) the areas of operation for the training; and

(ii) minimum qualifications and experience for personnel conducting the activities; and

(iii) command responsibility during flights for the activities; and

(iv) for contracted recurrent training or contracted checking—procedures to ensure that the operator conducts the training or checking in accordance with the contracting operator’s training and checking manual and standard operating procedures (if any);

(k) a description of the procedures by which the operator conducts and manages the activities, including the supervision of instructors and persons participating in activities;

(l) if the operator conducts the activities in aircraft:

(i) for each registered aircraft that is flown into, out of or outside Australian territory in the course of conducting the activities—the kind of aircraft and its registration mark; and

(ii) for each foreign registered aircraft—the kind of aircraft and its nationality and registration marks; and

(iii) a description of any leasing or other arrangements for the supply of any turbine‑engined aircraft; and

(iv) a description of the way any turbine‑engined aircraft are managed and maintained, and the way continuing airworthiness of the aircraft is assured; and

(v) a description of each flight training area;

(m) if the operator conducts the activities in relation to a flight crew licence or rating of a kind for which a low‑flying activity is required—a description of how the operator will determine a suitable flight training area for the activity;

(n) if the operator conducts the activities in flight simulation training devices:

(i) a description of the devices used by the operator in conducting the activities; and

(ii) for each device—each purpose mentioned in Part 61 that the device may be used for; and

(iii) for flight simulators and flight training devices—a description of the procedures by which the operator ensures the qualification of the simulators and devices under Part 60; and

(iv) for synthetic trainers—a description of the procedures by which the operator ensures the approval of the trainers under Civil Aviation Order 45.0; and

(v) for any other device—a description of the procedures by which the operator ensures that the device:

(A) meets the qualification standards prescribed by a legislative instrument under regulation 61.045; or

(B) is qualified (however described) by the national aviation authority of a recognised foreign State (within the meaning of regulation 61.010);

(o) a description of the way the operator manages the risk of fatigue in its personnel, including the operator’s fatigue risk management system manual (if any);

(p) the facilities used by the operator for the activities;

(q) a description of any operations, other than authorised Part 142 activities, conducted, or proposed to be conducted, by the operator;

(r) a description of any aeronautical or aviation‑related services provided, or to be provided, by third parties to the operator;

(s) the following manuals:

(i) an operations manual;

(ii) a dangerous goods manual (if any);

(iii) a training management system manual that describes the operator’s training management system;

(iv) if the operator conducts the activities only in aircraft, or in aircraft and flight simulation training devices—a safety management system manual that describes the operator’s safety management system;

(v) if the operator conducts the activities only in flight simulation training devices—a quality assurance management system manual that describes the operator’s quality assurance management system;

(vi) an internal training and checking system manual that describes the operator’s internal training and checking system;

(t) a description of the operator’s process for making changes including:

(i) identifying changes that are significant changes; and

(ii) identifying changes that are not significant changes; and

(iii) telling CASA of the changes;

(u) a description of any other matter required to be approved by CASA under these Regulations in relation to Part 142 activities;

(v) a matter prescribed by a legislative instrument under regulation 142.045 for this paragraph.

(2) A manual mentioned in paragraph (o) or any of subparagraphs (1)(s)(ii) to (vi) may be included as part of the operator’s operations manual.

(3) An exposition for a Part 142 operator may include a list of material required for the operator’s reference library.

142.345 Part 142 operators—compliance with exposition by operator

(1) A Part 142 operator commits an offence if the operator contravenes a provision of its exposition.

Penalty: 50 penalty units.

(2) An offence against this regulation is an offence of strict liability.

142.350 Part 142 operators—providing personnel with exposition

(1) A Part 142 operator commits an offence if:

(a) the operator’s exposition relates to a duty or responsibility of a person who is a member of the operator’s personnel; and

(b) the operator does not make the part of the exposition that relates to the duty or responsibility available to the person before the person first begins carrying out the duty or responsibility.

Penalty: 50 penalty units.

(2) An offence against this regulation is an offence of strict liability.

Subpart 142.L—Part 142 operators—logs and records

142.355 Part 142 operators—making and keeping records

(1) A Part 142 operator commits an offence if:

(a) a person participates in an authorised Part 142 activity conducted by the operator; and

(b) a record of the person’s participation, including a description and assessment of the person’s performance, is not made within 21 days after the activity is conducted.

Penalty: 50 penalty units.

(2) A Part 142 operator commits an offence if the operator does not retain a record made under subregulation (1) for at least 7 years after the record is made.

Penalty: 50 penalty units.

(3) An offence against this regulation is an offence of strict liability.

142.360 Part 142 operators—availability of records

(1) A Part 142 operator commits an offence if the operator does not make a record made under regulation 142.355 available, on request, to the person to whom the record relates.

Penalty: 50 penalty units.

(2) A Part 142 operator commits an offence if:

(a) a record is made under regulation 142.355; and

(b) the operator receives a request from another Part 142 operator for a copy of the record; and

(c) the operator holds a written authority from the person to whom the record relates to provide a copy of the person’s records to another Part 142 operator if requested; and

(d) the operator does not give a copy of the record to the other Part 142 operator within 7 days after receiving the request.

Penalty: 50 penalty units.

(3) An offence against this regulation is an offence of strict liability.

Subpart 142.M—Part 142 operators—miscellaneous offences

142.365 Part 142 operators—pilot in command for training to be authorised under Part 61

(1) A Part 142 operator commits an offence if:

(a) a person flies an aircraft as pilot in command in the conduct of an authorised Part 142 activity for the operator; and

(b) the person is not authorised under Part 61 to fly the aircraft as pilot in command.

Penalty: 50 penalty units.

(2) An offence against this regulation is an offence of strict liability.

Note: See also subsection 20AB(1) of the Act.

142.370 Part 142 operators—carriage of passengers prohibited during abnormal operations or low‑flying activity

(1) A Part 142 operator commits an offence if:

(a) during a flight of an aircraft for an authorised Part 142 activity for the operator:

(i) a simulated engine or system failure that affects the aircraft’s performance or handling characteristics is conducted; or

(ii) a low‑flying activity is conducted; and

(b) a passenger is carried on the flight.

Penalty: 50 penalty units.

(2) An offence against this regulation is an offence of strict liability.

142.375 Part 142 operators—authorisation of carriage of passengers

(1) A Part 142 operator commits an offence if:

(a) a person flies an aircraft used in an authorised Part 142 activity for the operator as pilot in command; and

(b) the operator authorises the carriage of a passenger on the flight; and

Penalty: 50 penalty units.

(2) An offence against this regulation is an offence of strict liability.

142.380 Part 142 operators—integrated training courses: transfer of student from another Part 142 operator

(1) This regulation applies if:

(a) a person seeks to undertake part of an integrated training course with a Part 142 operator (the current operator); and

(b) the person has previously undertaken part of the course with one or more other Part 142 operators (the previous operators).

(2) The current operator commits an offence if:

(a) the operator provides part of the course to the person; and

(b) the operator does not meet the requirement mentioned in subregulation (3).

Penalty: 50 penalty units.

(3) For paragraph (2)(b), the requirement is that the current operator must have determined:

(a) what part of the course the person has completed with the previous operators; and

(b) what part of the course the person needs to complete with the current operator to ensure that, taken together, the parts of the course provided by the previous and current operators will meet the standards specified in the Part 61 Manual of Standards for the course.

(4) An offence against this regulation is an offence of strict liability.

142.385 Part 142 operators—completion of training and assessment of competency for certain solo flights

Student pilots

(1) A Part 142 operator commits an offence if:

(a) a student pilot who is undertaking authorised Part 142 flight training with the operator conducts a solo flight of a kind mentioned in subregulation (2) for the first time; and

(b) the student pilot does not meet the requirements mentioned in subregulation (3).

Penalty: 50 penalty units.

(2) For paragraph (1)(a), the kinds of solo flight are the following:

(a) a circuit training flight;

(b) a flight between an aerodrome and the flight training area for the aerodrome;

(d) a flight at night.

(3) For paragraph (1)(b), the requirements are the following:

(a) the student pilot must have completed the training mentioned in the operator’s exposition that relates to the conduct of a solo flight of that kind by a student pilot;

(b) the student pilot must have been assessed by the operator as competent to conduct the solo flight;

(c) if the flight is a flight of a kind mentioned in paragraph (2)(c) or (d)—the student pilot must have completed at least 2 hours of dual instrument time, 1 hour of which is conducted during dual instrument flight time.

Holders of pilot licences

(4) A Part 142 operator commits an offence if:

(a) the holder of a pilot licence who is receiving flight training from the operator for a rating or endorsement on the pilot’s licence conducts a solo flight at night for the first time; and

(b) the flight training is authorised Part 142 training for the operator; and

Penalty: 50 penalty units.

(5) For paragraph (4)(c), the requirements are the following:

(a) the holder must have completed the training mentioned in the operator’s exposition that relates to the conduct of a solo flight for flight training for the rating or endorsement;

(b) the holder must have been assessed by the operator as competent to conduct the solo flight.

Penalty: 50 penalty units.

(6) An offence against this regulation is an offence of strict liability.

Note: See also Subdivision 61.A.3.1 and regulation 61.1225.

142.386 Part 142 operators—appropriate briefing and capability to conduct certain solo flights etc.

(1) A Part 142 operator commits an offence if:

(a) a person who is undertaking authorised Part 142 flight training with the operator conducts a solo flight for the first time; and

(b) the person does not meet the requirements mentioned in subregulation (2).

Penalty: 50 penalty units.

(2) For paragraph (1)(b), the requirements are the following:

(a) the person must have been briefed appropriately for the flight;

(b) the person must be capable of conducting the flight safely;

(i) have been assessed by CASA or an examiner as meeting the general English language proficiency standard mentioned in the Part 61 Manual of Standards; or

(ii) have completed an approved course of training in English language proficiency;

(d) the person must have an ARN.

(3) Strict liability applies to paragraph (1)(a).

Note: See also Subdivision 61.A.3.1 and regulation 61.1225.

142.390 Part 142 operators—dealings in relation to cancelled, suspended, varied, pending or refused civil aviation authorisations: when approval required

Requirement for approval

(1) A Part 142 operator commits an offence if:

(a) the operator does an act mentioned in subregulation (2), (4), (6) or (8); and

(b) the operator does not hold an approval under regulation 142.040 to do the act.

Penalty: 50 penalty units.

Acts in relation to cancelled authorisations

(2) For paragraph (1)(a), the acts are the following:

(a) to use, in any of the operator’s authorised Part 142 activities, an aircraft the operation of which was authorised by a cancelled authorisation;

(b) to employ, in connection with any of the operator’s authorised Part 142 activities, a person who was, at the time of the cancellation, employed in connection with an operation the conduct of which was authorised by a cancelled authorisation;

Acts in relation to suspended or varied authorisations

(3) Subregulation (4) applies in relation to a suspended or varied authorisation.

(4) For paragraph (1)(a), the acts are the following:

(a) to use, in any of the operator’s authorised Part 142 activities, an aircraft the operation of which:

(i) was, immediately before the suspension or variation, authorised by the authorisation; but

(ii) is no longer authorised by the authorisation as suspended or varied;

(b) to employ, in connection with any of the operator’s authorised Part 142 activities, a person who was, at the time of the suspension or variation, employed in connection with an operation the conduct of which:

(i) was, immediately before the suspension or variation, authorised by the authorisation; but

(ii) is no longer authorised by the authorisation as suspended or varied;

(i) was, immediately before the suspension or variation, authorised by the authorisation; but

(ii) is no longer authorised by the authorisation as suspended or varied.

Note: See section 28BB of the Act in relation to varying AOC conditions.

Pending applications for authorisations

(5) Subregulation (6) applies in relation to an application for a civil aviation authorisation that has not been finally determined by CASA.

(6) For paragraph (1)(a), the acts are the following:

(a) to use, in any of the operator’s authorised Part 142 activities, an aircraft the operation of which would be authorised by the authorisation;

(b) to employ, in connection with any of the operator’s authorised Part 142 activities, a person employed, or proposed to be employed, in connection with an operation the conduct of which would be authorised by the authorisation;

Application for authorisation refused

(7) Subregulation (8) applies in relation to an application for a civil aviation authorisation that has been refused by CASA.

(8) For paragraph (1)(a), the acts are the following:

(a) to use, in any of the operator’s authorised Part 142 activities, an aircraft the use of which would have been authorised by the authorisation;

(c) to conduct an operation, or part of an operation, the conduct of which would have been authorised by the authorisation.

(9) An offence against this regulation is an offence of strict liability.

(10) In this regulation:

cancelled authorisation means a civil aviation authorisation that has been cancelled otherwise than on application by the holder of the authorisation.

employ includes engage, whether by contract or other arrangement.

suspended authorisation means a civil aviation authorisation that has been suspended otherwise than on application by the holder of the authorisation.

varied authorisation means a civil aviation authorisation that has been varied otherwise than on application by the holder of the authorisation.

142.395 Part 142 operators—maximum period for use of foreign registered aircraft in Australian territory

(1) A Part 142 operator commits an offence if, in any 12 month period, the operator uses a foreign registered aircraft to conduct authorised activities in Australian territory for a total of more than the number of days mentioned in subregulation (2).

Penalty: 50 penalty units.

(2) For subregulation (1), the number of days is:

(a) 90; or

(b) if the operator holds an approval under regulation 142.040 for this regulation in relation to the aircraft—the number mentioned in the approval for the aircraft.

(3) An offence against this regulation is an offence of strict liability.

(4) In this regulation:

authorised activity, for a Part 142 operator, means an activity authorised by a civil aviation authorisation held by the operator.

Subpart 149.A—General

149.005 Approvals by CASA for Part 149

(1) If a provision of this Part refers to a person holding an approval under this regulation, the person may apply to CASA, in writing, for the approval.

(2) Subject to regulation 11.055, CASA must grant the approval.

149.010 Manual of Standards for Part 149

For the purposes of subsection 98(5A) of the Act, CASA may issue a Manual of Standards for this Part prescribing matters:

(a) required or permitted by these Regulations to be prescribed by the Part 149 Manual of Standards; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Part.

149.015 Aviation administration functions—ASAO certificate required

(1) A person must not perform an aviation administration function if the person does not hold an ASAO certificate authorising the person to perform the function.

Note: This regulation does not apply to certain sport aviation bodies for a limited period: see regulation 202.861.

(2) Subregulation (1) does not apply if the person is otherwise permitted, under these Regulations, to perform the function.

Note: A defendant bears an evidential burden in relation to the matter in this subregulation: see subsection 13.3(3) of the Criminal Code.

(3) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

149.020 Compliance with conditions of ASAO certificate

(1) An ASAO must not contravene a condition of its ASAO certificate.

(2) An ASAO commits an offence of strict liability if the ASAO contravenes subregulation (1).

Penalty: 50 penalty units.

Subpart 149.B—ASAO certificates

149.060 CASA may limit number of ASAO certificates

(1) For the purposes of subsection 98(5A) of the Act, CASA may issue a legislative instrument imposing limits on the number of ASAO certificates that may be issued if CASA is satisfied that exceeding the limit is likely to have an adverse effect on the safety of air navigation.

(2) A limit may be imposed:

(a) indefinitely or for a specified period; or

(b) generally or in relation to a specified class of aviation administration functions.

(3) CASA may, by legislative instrument, vary or revoke an instrument made under subregulation (1).

149.070 Application for ASAO certificate

(1) A person may apply to CASA, in writing, for the issue of an ASAO certificate to the person.

(2) However, a body corporate may make an application only if it is incorporated in Australia.

(3) An application for an ASAO certificate must include the following:

(a) the applicant’s name and contact details;

(b) any operating or business name of the organisation (the applicant’s organisation) established, or proposed to be established, by the applicant to perform the aviation administration functions covered by the application on behalf of the ASAO, including its ABN (if any);

(c) the principal physical address at which the person proposed to be appointed as the accountable manager of the applicant’s organisation will perform their duties and responsibilities;

(d) if the applicant is a corporation—the name of each of the officers of the corporation, its ACN and the address of its registered office;

(e) details of the aviation administration functions covered by the application, including:

(i) the kinds of aircraft (if any) that the applicant proposes to administer; and

(ii) the activities that the applicant proposes to administer; and

(iii) any ASAO enforcement powers that the ASAO proposes to exercise;

(f) a written undertaking from the person proposed to be appointed as the accountable manager of the applicant’s organisation that, if CASA issues the certificate, the applicant and the applicant’s organisation will:

(i) be capable of operating in accordance with the applicant’s exposition and the civil aviation legislation; and

(ii) operate in accordance with the applicant’s exposition and the civil aviation legislation.

(4) The application must be:

(a) accompanied by a copy of the applicant’s proposed exposition; and

(b) signed by the person proposed to be appointed as the accountable manager of the applicant’s organisation.

149.075 Issue of ASAO certificate

(1) Subject to regulations 11.055 and 149.060, CASA must issue an ASAO certificate to an applicant if CASA is satisfied:

(a) that the applicant’s proposed exposition complies with regulation 149.340; and

(b) about the following matters in relation to the organisation (the applicant’s organisation) established, or proposed to be established, by the applicant to perform, on behalf of the applicant, the aviation administration functions covered by the application:

(i) the applicant’s organisation can perform the functions safely and in accordance with the applicant’s exposition and the civil aviation legislation;

(ii) the applicant’s organisation has the facilities and equipment required by regulation 149.280;

(iii) the applicant’s organisation has the reference materials required by regulation 149.285; and

(c) that the applicant has nominated an individual for each of the key personnel positions of the applicant’s organisation; and

(d) that the individuals nominated to hold the positions of accountable manager and safety manager of the applicant’s organisation have the qualifications and experience required by the applicant’s proposed exposition; and

(e) that each individual nominated to hold any other key personnel position of the applicant’s organisation is appropriately qualified to hold the position.

(2) If CASA decides to issue the ASAO certificate, CASA must:

(a) determine the aviation administration functions that the applicant is authorised to perform, including:

(i) the kinds of aircraft (if any) that the applicant is authorised to administer; and

(ii) the activities that the applicant is authorised to administer; and

(iii) the ASAO enforcement powers (if any) that the ASAO may exercise; and

(b) determine the period (not exceeding 5 years) for which the certificate is in force.

149.080 Approval of exposition

If CASA issues an ASAO certificate to the applicant, CASA is taken to have also approved the applicant’s proposed exposition.

149.085 Conditions of ASAO certificate

Each of the following is a condition of an ASAO certificate issued to an ASAO:

(a) the ASAO must comply with the ASAO’s exposition and the civil aviation legislation;

(b) the ASAO must comply with any direction given to the ASAO, or obligation imposed on the ASAO, by CASA under these Regulations;

(i) each provision of this Part that applies to the person; and

(ii) each direction given to the person, or obligation imposed on the person, by CASA under a provision of these Regulations; and

(iii) each other provision of the civil aviation legislation that applies to the ASAO’s approved functions;

(d) each vacancy in the key personnel of the ASAO must be:

(i) notified to CASA within the period specified in the ASAO’s exposition; and

(ii) filled within the period specified in the ASAO’s exposition;

(e) each of the personnel of the ASAO must comply with each provision of the civil aviation legislation that applies to the ASAO’s approved functions;

(f) the position of safety manager and any other key personnel position in the ASAO’s organisation may be occupied by the same person simultaneously only:

(i) in an unforeseen circumstance, and for the period specified in the ASAO’s exposition; or

(ii) in the circumstances, and for the period, for which the ASAO holds an approval under regulation 149.005.

149.090 Form of ASAO certificate

An ASAO certificate must include the following:

(a) the name of the ASAO;

(b) the date of issue of the certificate;

(d) the period determined under paragraph 149.075(2)(b) for which the certificate is in force;

(e) a certificate reference number determined by CASA.

Subpart 149.C—Changes to exposition or personnel

149.110 Certain changes to exposition must be pre‑approved by CASA

(1) A change to an ASAO’s exposition must be approved by CASA under regulation 149.115 before the change is made.

(2) Subregulation (1) does not apply if the change is of a kind specified in the ASAO’s exposition in accordance with paragraph 149.340(h).

Note: Such a change may need to be notified to CASA within a specified period after the change is made: see paragraph 149.340(i).

149.115 Approval of changes to exposition

Application for approval

(1) An ASAO may apply to CASA for the approval of a change to the ASAO’s exposition.

(2) The application must:

(a) be in the approved form; and

(b) be accompanied by a copy of the part of the ASAO’s exposition affected by the change, clearly identifying the change; and

Decision on application

(3) CASA must, by written notice given to the applicant, do one of the following within 21 days after receiving the application:

(a) if subregulation (4) applies—grant the approval;

(b) refuse to grant the approval.

(4) For the purposes of paragraph (3)(a), this subregulation applies if CASA is satisfied that:

(a) the requirements mentioned in subregulation 149.075(1) will continue to be met in relation to the ASAO; and

(b) approving the change would not be likely to have an adverse effect on the safety of air navigation.

Request for further information

(5) CASA may, by written notice, request further information from the applicant about the application.

(6) If a notice is given under subregulation (5):

(a) the 21‑day period stops on the day the notice is given; and

(b) that period begins again on the day after the information is received by CASA.

(7) More than one notice may be given under subregulation (5) in relation to an application.

149.120 CASA directions relating to exposition or personnel

(1) If CASA is satisfied that it is necessary in the interests of aviation safety, CASA may, by written notice given to an ASAO, direct the ASAO to change the ASAO’s exposition:

(a) to remove particular information, procedures or instructions from the exposition; or

(b) to include particular information, procedures or instructions in the exposition; or

(2) CASA may, by written notice given to an ASAO, direct the ASAO to remove any of the key personnel of the ASAO from the person’s position if CASA is satisfied that the person is not:

(a) carrying out the responsibilities of the position; or

(b) if the person is the accountable manager of the ASAO’s organisation—properly managing matters for which the person is accountable.

(3) A notice under this regulation must state the time within which the direction must be complied with.

(4) If CASA gives an ASAO a direction under this regulation, the ASAO must comply with the direction within the time specified in the notice.

(5) An ASAO commits an offence of strict liability if the ASAO contravenes subregulation (4).

Penalty: 50 penalty units.

Subpart 149.D—Organisation and personnel

149.195 Organisation and personnel

(1) An ASAO’s organisation must maintain a structure that effectively manages the ASAO’s approved functions, taking into account the nature and complexity of the functions.

(2) An ASAO’s organisation must have enough suitably competent, qualified and trained personnel to enable the ASAO to perform the ASAO’s approved functions in accordance with the ASAO’s exposition and the civil aviation legislation.

(3) An ASAO contravenes this subregulation if any of the ASAO’s key personnel carries out a responsibility of the person’s position in a way that contravenes the ASAO’s exposition or this Subpart.

(4) An ASAO commits an offence if the ASAO contravenes subregulation (3).

Penalty: 50 penalty units.

149.200 Notifying CASA if key personnel cannot carry out responsibilities

(1) If an ASAO becomes aware that any of the ASAO’s key personnel cannot carry out, or is likely to be unable to carry out, the person’s responsibilities for a period of longer than 35 days, the ASAO must tell CASA of that fact within:

(a) if there is not another person authorised to carry out the responsibilities for all or part of the period—5 days after the ASAO becomes aware of that fact; or

(b) if there is another person authorised to carry out the responsibilities for all or part of the period—10 days after the ASAO becomes aware of that fact.

(2) An ASAO commits an offence if the ASAO contravenes subregulation (1).

Penalty: 50 penalty units.

149.205 Familiarisation training for key personnel

An ASAO must ensure that, before a person appointed as any of the ASAO’s key personnel begins to carry out the responsibilities of the position, the person has completed any training that is necessary to familiarise the person with the responsibilities.

149.210 Experience etc. of key personnel

(1) The accountable manager of an ASAO:

(a) must have the experience and qualifications required by the ASAO’s exposition; and

(b) is responsible for managing, and is accountable for, the matters set out in the ASAO’s exposition.

(2) The safety manager of an ASAO:

(a) must have the experience and qualifications required by the ASAO’s exposition; and

(b) is responsible for the matters set out in the ASAO’s exposition.

(3) The key personnel of an ASAO, other than the accountable manager and the safety manager of the ASAO:

(a) are responsible for the matters set out in the ASAO’s exposition; and

(b) must have experience and qualifications that are commensurate with the risk associated with the ASAO’s approved functions.

149.215 Reporting interference with decisions of key personnel

(1) If the accountable manager of an ASAO becomes aware that a person has overridden an aviation safety‑related decision of a member of the key personnel of the ASAO, the accountable manager must report the matter to CASA, in writing, as soon as practicable, and in any case not later than 7 days, after becoming aware of the matter.

Note: CASA may direct an ASAO to remove the accountable manager of the ASAO if he or she does not comply with this subregulation: see subregulation 149.120(2).

(2) If the safety manager of an ASAO becomes aware that a person has overridden an aviation safety‑related decision of a member of the key personnel of the ASAO, the safety manager must report the matter to CASA, in writing, as soon as practicable, and in any case not later than 7 days, after becoming aware of the matter.

Note: CASA may direct an ASAO to remove the safety manager of the ASAO if he or she does not comply with this subregulation: see subregulation 149.120(2).

149.220 Register of key personnel and appointed persons

(1) An ASAO must maintain a register containing the following information for each of the ASAO’s key personnel:

(a) the title of the position;

(b) the name of the person occupying the position;

(d) if applicable—the date the person ceased to occupy the position.

(2) An ASAO must maintain a register containing the following information for each person appointed by the ASAO to perform an approved function on behalf of the ASAO:

(a) the name of the person;

(b) each approved function of the ASAO that the person performs on behalf of the ASAO;

(d) if applicable—the date the person ceased performing each function.

Subpart 149.E—Systems, facilities, reference materials and rules

149.270 Safety management system

An ASAO must have a safety management system that:

(a) is appropriate for the ASAO’s approved functions, taking into account the nature and complexity of the functions, and the size of the ASAO; and

(b) complies with the requirements prescribed by the Part 149 Manual of Standards.

149.275 Audit and surveillance system

An ASAO must have an audit and surveillance system that complies with the requirements prescribed by the Part 149 Manual of Standards.

149.280 Facilities and equipment

An ASAO’s organisation must have the facilities and equipment that are necessary for performing the ASAO’s approved functions, including appropriate equipment to allow the ASAO’s personnel to perform their duties.

149.285 Reference materials

(1) An ASAO must provide access to up‑to‑date copies of the following reference materials that are relevant to the performance of the ASAO’s approved functions:

(a) the civil aviation legislation;

(b) technical standards and practices;

(d) manuals for equipment used by the ASAO’s personnel;

(e) any other materials prescribed by the Part 149 Manual of Standards.

(2) An ASAO must ensure that the following persons have ready access to the reference materials:

(a) the ASAO’s personnel;

(b) the holders of authorisations from the ASAO.

149.290 Aviation administration and enforcement rules

(1) An ASAO must prepare rules (the aviation administration and enforcement rules) that provide for the following:

(a) the process for applying for an authorisation from the ASAO to undertake an activity administered by the ASAO, including the information that must be included in the application;

(b) the eligibility criteria for the issuing of an authorisation by the ASAO to undertake an activity administered by the ASAO;

(d) procedures relating to the variation, suspension and cancellation of authorisations at the authorisation holder’s request;

(e) procedures relating to the internal review of decisions made by the ASAO;

(f) if the ASAO is authorised to exercise ASAO enforcement powers:

(i) the circumstances in which those powers may be exercised; and

(ii) procedures relating to the exercise of those powers;

(g) procedures that require safe conduct by authorisation holders at all times;

(h) measures for providing an authorisation holder with preventative, corrective or remedial solutions to identified training or skills deficiencies;

(i) any disciplinary action that may be undertaken by the ASAO in relation to authorisation holders;

(j) an effective and appropriate review process in relation to any preventative, corrective, remedial or disciplinary action undertaken by the ASAO;

(k) any other matter prescribed by the Part 149 Manual of Standards.

(2) The aviation administration and enforcement rules of an ASAO must have due regard to procedural fairness.

Subpart 149.F—Expositions

149.340 Content of exposition

An exposition for an ASAO must include the following:

(a) for each of the ASAO’s key personnel, the following information:

(i) the qualifications and experience (if any) required by the ASAO for the position in addition to the qualifications and experience required under the Part 149 Manual of Standards for the position;

(ii) each matter (if any) for which the holder of the position is responsible in addition to the responsibilities mentioned in the Part 149 Manual of Standards for the position;

(iii) the name of the person appointed to the position;

(iv) the name of each person authorised to carry out the responsibilities of the position when the position holder is absent from the position or cannot carry out the responsibilities;

(v) a description of how the ASAO will manage the responsibilities of the position during a circumstance mentioned in subparagraph (iv);

(b) for each position occupied by a person appointed by the ASAO to perform an approved function on behalf of the ASAO, the following information:

(i) the duties and responsibilities of the position;

(ii) how a person will be selected, trained and authorised to perform the duties and responsibilities of the position;

(iii) the qualifications, knowledge and experience required for the position;

(d) a description of the procedures by which the ASAO ensures that the performance of the ASAO’s approved functions comply with:

(i) the ASAO’s exposition; and

(ii) the civil aviation legislation;

(e) a description of the ASAO’s safety management system required by regulation 149.270;

(f) a description of the ASAO’s audit and surveillance system required by regulation 149.275;

(g) the ASAO’s aviation administration and enforcement rules;

(h) the kinds of changes to the ASAO’s exposition that do not require approval by CASA;

(i) the ASAO’s process for managing changes to the ASAO’s exposition that do not require approval by CASA, including:

(i) procedures for notifying the ASAO’s personnel and CASA of such changes; and

(ii) the period within which such changes are to be so notified;

(j) a description of the procedures by which the ASAO will ensure compliance with regulation 149.550, should any of the circumstances specified in that regulation arise;

(k) any other matter required to be included in the exposition by the Part 149 Manual of Standards or these Regulations.

149.345 Compliance with exposition

(1) An ASAO must not contravene a provision of the ASAO’s exposition.

(2) An ASAO commits an offence of strict liability if the ASAO contravenes subregulation (1).

Penalty: 50 penalty units.

149.350 Access to exposition etc.

(1) An ASAO contravenes this subregulation if:

(a) the ASAO does not keep its exposition in a readily accessible form; or

(b) a member of the ASAO’s personnel does not have ready access to the exposition; or

(d) CASA does not have ready access to the exposition; or

(e) the ASAO does not keep the exposition up‑to‑date.

(2) An ASAO commits an offence of strict liability if the ASAO contravenes subregulation (1).

Penalty: 50 penalty units.

Subpart 149.G—Authorisations

149.400 Grounds for refusal of application for authorisation

(1) An ASAO must not reject an application by a person for an authorisation to undertake an activity administered by the ASAO on grounds other than the eligibility criteria set out in the ASAO’s aviation administration and enforcement rules.

Note: For review by CASA of decisions by ASAOs, see Subpart 149.K.

(2) Subregulation (1) does not apply if the ASAO reasonably believes that acceptance of the application would constitute an offence against the civil aviation legislation.

149.405 Disclosure of information in application for authorisation

(1) A person contravenes this subregulation if:

(a) the person applies to an ASAO for an authorisation to undertake an activity; and

(b) the person does not disclose, in the application, details of each cancellation, variation or suspension (other than at the person’s request) of authorisations:

(i) held by the person that are the same in substance as the authorisation applied for; and

(ii) issued by the ASAO, another sport aviation body, CASA or the national aviation authority of a foreign country;

in the period starting 10 years before the making of the application.

(2) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

149.410 Authorisation holders must comply with ASAO’s exposition

(1) The holder of an authorisation issued by an ASAO contravenes this subregulation if:

(a) a provision of the ASAO’s exposition applies to the holder; and

(b) the holder contravenes the provision.

(2) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

149.415 Notice of suspension, variation or cancellation of authorisation

CASA‑issued authorisation—cancellation etc. by CASA

(1) Subregulation (2) applies if:

(a) a person holds an authorisation (the first authorisation) issued by CASA; and

(b) CASA suspends, varies or cancels the first authorisation other than at the person’s request; and

(2) The person must, within 7 days after the suspension, variation or cancellation takes effect, give written notice of the suspension, variation or cancellation to the ASAO.

ASAO‑issued authorisation—cancellation etc. by ASAO or CASA

(3) Subregulation (4) applies if:

(a) a person holds an authorisation (the first authorisation) issued by an ASAO to undertake an activity; and

(b) CASA or the ASAO suspends, varies or cancels the first authorisation other than at the person’s request; and

(4) The person must, within 7 days after the suspension, variation or cancellation takes effect, give written notice of the suspension, variation or cancellation to the other sport aviation body.

ASAO‑issued authorisation—cancellation etc. by national aviation authority of a foreign country

(5) Subregulation (6) applies if:

(a) a person holds an authorisation (the first authorisation) issued by an ASAO; and

(b) the person holds an authorisation (the other authorisation) issued by a national aviation authority of a foreign country; and

(6) The person must, within 7 days after the suspension, variation or cancellation takes effect, give written notice of the suspension, variation or cancellation to the sport aviation body and CASA.

Offence

(7) A person commits an offence of strict liability if the person contravenes subregulation (2), (4) or (6).

Penalty: 50 penalty units.

149.425 Reporting conduct of authorisation holders etc.

(1) An ASAO must give a report to CASA, in writing, if the ASAO reasonably believes that:

(a) both of the following apply:

(i) the holder of an authorisation issued by the ASAO has contravened the ASAO’s exposition;

(ii) despite remedial or disciplinary action taken by the ASAO, the conduct of the holder of the authorisation jeopardises the safety of civil aviation; or

(b) both of the following apply:

(i) a person is undertaking an activity for which the person is required, under these Regulations, to hold an authorisation issued by an ASAO;

(ii) the person does not hold an authorisation issued by the ASAO to undertake the activity; or

(c) a person is undertaking an activity for which the person holds an authorisation issued by an ASAO in a way that contravenes the authorisation; or

(d) an aircraft that has ceased to be registered under Part 47 or administered by the ASAO is being flown.

(2) An ASAO must give the report to CASA within the time specified in the ASAO’s exposition.

(3) An ASAO commits an offence of strict liability if the ASAO contravenes subregulation (2).

Penalty: 50 penalty units.

149.430 Reporting applications for authorisations in certain circumstances

Reporting of all variations and cancellations

(1) An ASAO contravenes this subregulation if:

(a) a person applies to the ASAO for an authorisation to undertake an activity; and

(b) the ASAO knows that the person holds, or has held, an authorisation (the other authorisation):

(i) that is the same in substance as the authorisation applied for; and

(ii) that was issued by the ASAO, another sport aviation body, CASA or the national aviation authority of a foreign country; and

(d) the ASAO does not report details of the application to CASA, in writing, within 7 days after the person makes the application.

Reporting of current suspensions

(2) An ASAO contravenes this subregulation if:

(a) a person applies to the ASAO for an authorisation to undertake an activity; and

(b) the ASAO knows that the person holds an authorisation (the other authorisation):

(i) that is the same in substance as the authorisation applied for; and

(ii) that was issued by the ASAO, another sport aviation body, CASA or the national aviation authority of a foreign country; and

(c) the ASAO knows that, at the time of the application, the other authorisation is suspended other than at the person’s request; and

(d) the ASAO does not report details of the application to CASA, in writing, within 7 days after the person makes the application.

(3) An ASAO commits an offence if the ASAO contravenes subregulation (1) or (2).

Penalty: 50 penalty units.

149.435 ASAO to refuse to issue authorisation if suspended etc.

Other authorisation currently suspended

(1) An ASAO contravenes this subregulation if:

(a) a person applies to the ASAO for an authorisation (the new authorisation) to undertake an activity; and

(b) the ASAO knows that the person holds an authorisation (the other authorisation):

(i) that is the same in substance as the new authorisation; and

(ii) that was issued by the ASAO, another sport aviation body, CASA or the national aviation authority of a foreign country; and

(c) the ASAO knows that, at the time of the application, the other authorisation is suspended other than at the person’s request; and

(d) the ASAO issues the new authorisation to the person.

Other authorisation is or has been varied

(2) An ASAO contravenes this subregulation if:

(a) a person applies to the ASAO for an authorisation (the new authorisation) to undertake an activity; and

(b) the ASAO knows that the person holds, or has held, an authorisation (the other authorisation):

(i) that is the same in substance as the new authorisation; and

(ii) that was issued by the ASAO, another sport aviation body, CASA or the national aviation authority of a foreign country; and

(d) the ASAO issues the new authorisation to the person.

Other authorisation has been cancelled

(3) An ASAO contravenes this subregulation if:

(a) a person applies to the ASAO for an authorisation (the new authorisation) to undertake an activity; and

(b) the ASAO knows that the person has held an authorisation (the other authorisation):

(i) that is the same in substance as the new authorisation; and

(ii) that was issued by the ASAO, another sport aviation body, CASA or the national aviation authority of a foreign country; and

(d) the ASAO issues the new authorisation to the person.

Exception—CASA approval

(4) Subregulation (1), (2) or (3) does not apply if, before the new authorisation is issued, CASA has given approval under this subregulation to the ASAO to issue the new authorisation to the person.

Note: A defendant bears an evidential burden in relation to the matter in this subregulation: see subsection 13.3(3) of the Criminal Code.

Offence

(5) An ASAO commits an offence if the ASAO contravenes subregulation (1), (2) or (3).

Penalty: 50 penalty units.

(6) Strict liability applies to paragraphs (1)(a) and (d), (2)(a) and (d) and (3)(a) and (d).

149.440 ASAO to refuse to issue authorisation if exclusion period is in force

(1) An ASAO contravenes this subregulation if:

(a) a person applies to the ASAO for an authorisation authorising the person to undertake an activity; and

(b) the ASAO knows that an exclusion period is in force under an order under section 30A of the Act in relation to the person and an authorisation that is the same in substance as the authorisation applied for; and

(2) Subregulation (1) does not apply if, before the authorisation is issued, CASA has given approval under this subregulation to the ASAO to issue the authorisation to the person.

Note: A defendant bears an evidential burden in relation to the matter in this subregulation: see subsection 13.3(3) of the Criminal Code.

(3) An ASAO commits an offence if the ASAO contravenes subregulation (1).

Penalty: 50 penalty units.

Subpart 149.H—Authorisations and enforcement

149.490 Direction to ASAO to exercise ASAO enforcement powers

(1) CASA may, if satisfied that it is necessary in the interests of the safety of air navigation, direct an ASAO to exercise an ASAO enforcement power in relation to the holder of an authorisation issued by the ASAO.

(2) The ASAO must comply with the direction within 20 days.

(3) An ASAO commits an offence of strict liability if the ASAO contravenes subregulation (2).

Penalty: 50 penalty units.

149.495 Variation, suspension and cancellation of authorisations issued by ASAOs

(1) CASA may exercise the powers in subregulation (2):

(a) if an ASAO does not comply with a direction under regulation 149.490 within 20 days; or

(b) on written request of an ASAO; or

if CASA is satisfied that it is necessary in the interests of the safety of air navigation to do so.

(2) CASA may, by written notice given to the holder of an authorisation issued by an ASAO, vary, suspend or cancel the authorisation.

(3) Before making a decision under subregulation (2), CASA must:

(a) give the holder of the authorisation a notice setting out the reasons why CASA is considering making the decision; and

(b) allow the holder of the authorisation to show cause, within such reasonable time as CASA specifies in the notice, why CASA should not make the decision.

(4) A variation or suspension has effect for the period specified in the notice, unless earlier revoked by CASA.

(5) A cancellation takes effect on the day specified in the notice.

(6) If CASA varies, suspends or cancels an authorisation issued by an ASAO, CASA must notify the ASAO in writing of the variation, suspension or cancellation as soon as practicable.

(7) The suspension of an authorisation issued by an ASAO under this regulation does not prevent the revocation of the authorisation by the ASAO or by CASA.

149.500 Effect of suspension or cancellation by CASA of authorisations issued by ASAOs

(1) If CASA suspends an authorisation issued by an ASAO under regulation 149.495, the authorisation is taken not to be in force during the period of suspension.

(2) If:

(a) CASA suspends an authorisation issued by an ASAO under regulation 149.495; and

(b) under the civil aviation legislation, a person is required to hold the authorisation to undertake an activity;

the person to whom the authorisation was issued is taken not to be the holder of the authorisation for the period of the suspension.

(3) If an authorisation is cancelled by CASA under regulation 149.495, the person to whom the authorisation was issued is not eligible to apply for the grant of, and must not be granted, another authorisation that is the same in substance as the cancelled authorisation until 3 years after the day the cancellation takes effect.

Subpart 149.J—Information and documents

149.540 Providing information or documents to CASA

(1) CASA may, by notice given to an ASAO, require the ASAO to:

(a) give to CASA information of the kind specified in the notice; or

(b) produce to CASA documents of the kind specified in the notice.

(2) The information or documents must relate to the ASAO’s approved functions.

(3) The notice must:

(a) be in writing; and

(b) specify the manner and form in which the information or documents must be given.

(4) If an ASAO is given a notice under this regulation, the ASAO must comply with the notice within the period specified in the notice (which must end at least 7 days after the notice is given).

(5) An ASAO commits an offence of strict liability if the ASAO contravenes subregulation (4).

Penalty: 50 penalty units.

149.550 Copies of documents to CASA

(1) An ASAO must provide to CASA copies of all documents used by the ASAO in the performance of its approved functions if any of the following events occur:

(a) the ASAO becomes incapable of complying with the ASAO’s obligations under the civil aviation legislation;

(b) if the ASAO is an individual—the ASAO becomes insolvent under administration;

(c) if the ASAO is a body corporate—the ASAO becomes a Chapter 5 body corporate (within the meaning of the Corporations Act 2001);

(d) CASA cancels the ASAO certificate issued to the ASAO.

(2) The copies of documents required by subregulation (1) must be provided to CASA within 30 days after the event occurs.

Subpart 149.K—Review of ASAO decisions

149.605 Application for internal review by ASAO

(1) This regulation applies if a person is dissatisfied with one of the following decisions:

(a) a decision of an ASAO to refuse to issue an authorisation to the person;

(b) a decision of an ASAO to issue an authorisation to the person in terms different from those applied for;

(c) a decision of an ASAO to vary, suspend or cancel an authorisation issued to the person other than at the person’s request;

(d) a decision to attach conditions to an authorisation issued to the person, other than at the person’s request;

(e) a decision to vary conditions attached to an authorisation issued to the person, other than at the person’s request.

(2) The person may apply to the ASAO for internal review of the decision, in accordance with the procedures specified in the ASAO’s aviation administration and enforcement rules.

(3) The ASAO may:

(a) affirm, vary or set aside the decision; and

(b) if the ASAO sets aside the decision—make such other decision as the ASAO considers appropriate.

(4) If the ASAO has not made a decision on the application within 21 days after receiving the application, the ASAO is taken to have affirmed the decision on that day.

(5) A decision made under subregulation (3), or taken to have been made because of the operation of subregulation (4), by an ASAO is an internal review decision.

149.610 Application for review by CASA

(1) If a person who made an application under subregulation 149.605(2) is dissatisfied with the internal review decision of the ASAO, the person may apply to CASA for a review of the internal review decision.

(2) The application must be made:

(a) in the approved form; and

(b) within 21 days after the internal review decision, or such longer period as CASA allows.

(3) An application under this regulation is not taken to have been made unless:

(a) it is made in the manner approved by CASA for that purpose; and

(b) it is made in the approved form; and

(d) the applicant has notified the ASAO of the application in accordance with regulation 149.615; and

(e) if a fee is payable for the application—that fee has been paid.

(4) The making of an application to CASA for review of an internal review decision of an ASAO does not affect the operation of the decision or prevent the taking of action to implement the decision.

149.615 Notifying the ASAO of application

If a person makes an application under regulation 149.610 for review of an internal review decision made by an ASAO, the person must notify the ASAO, in writing, of that fact.

149.620 ASAO to provide information and documents to CASA

(1) If an ASAO receives a notice under regulation 149.615, the ASAO must, within 28 days after receiving the notice, give the following to CASA:

(a) a statement setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the internal review decision of the ASAO;

(b) copies of every document that is in the ASAO’s possession or under the ASAO’s control and is relevant to the review by CASA of the internal review decision.

(2) An ASAO commits an offence of strict liability if:

(a) the ASAO is subject to a requirement under subregulation (1); and

(b) the ASAO fails to comply with the requirement.

Penalty: 50 penalty units.

149.625 CASA may request further information etc. from applicant for review

(1) If CASA reasonably believes that it is necessary to do so for the purposes of conducting the review, CASA may request that the applicant for review of an internal review decision of an ASAO do one or more of the following:

(a) provide further information or documents to CASA:

(b) submit to an examination or test conducted by CASA;

(2) CASA may refuse to make a decision on the application for review until a request under subregulation (1) is complied with.

149.630 Review procedures and review decision

(1) In conducting a review of an internal review decision of an ASAO:

(a) the procedures for conducting the review are within the discretion of CASA; and

(b) CASA is not bound by the rules of evidence; and

(d) the review is to be conducted with as little technicality and formality, and as quickly and economically, as a proper consideration of the matters permit.

(2) On review of an internal review decision of an ASAO, CASA must make a decision:

(a) affirming the internal review decision; or

(b) varying the internal review decision; or

(d) setting the internal review decision aside and remitting the matter to the ASAO for reconsideration in accordance with any directions or recommendations of CASA.

(3) A decision under subregulation (2) comes into effect on the day specified by CASA.

(4) CASA must, as soon as practicable after making a decision under subregulation (2), give written notice to the applicant and the ASAO of:

(a) the decision; and

(b) the reasons for the decision.

Subpart 171.A—General

171.005 Applicability of this Part

(1) This Part sets out:

(a) the requirements for a person to be approved as a provider of a ground‑based aeronautical telecommunication or radionavigation service; and

(b) the requirements for the operation and maintenance of those services; and

(2) However, this Part does not apply to:

(a) a person who is providing an aeronautical telecommunication or radionavigation service in the course of his or her duties for the Defence Force; or

(b) any aeronautical telecommunication or radionavigation service provided by the Defence Force.

171.010 Interpretation

(1) In this Part:

accuracy, in relation to a radionavigation service or facility, means the degree to which the value measured or displayed by the service or facility conforms to the true value.

approval means an approval, given by CASA, to provide a telecommunication or radionavigation service.

availability, for a telecommunication service, radionavigation service or support service, means the percentage of its operating hours that the service is not interrupted.

certified air/ground radio service, or CA/GRS, in relation to an aerodrome, means an air/ground radio service for the aerodrome certified in accordance with regulation 139.410.

configuration, in relation to:

(a) a telecommunication or radionavigation service—means the configuration of each facility and any interconnection between facilities that make up the service; and

(b) a facility—means the configuration of equipment, hardware, software and data, and the interconnections between equipment.

coverage, in relation to a telecommunication or radionavigation service, means the volume of airspace in which, or the locations between which, the service is nominally provided.

Example 1: The volume of airspace in which an aeronautical broadcasting service can be received and used.

Example 2: The places served by an aeronautical fixed line telecommunication service.

functional specification, for a telecommunication service, a radionavigation service or a support service, is a general description of the service, its operating principles and its functions.

Example: The functional specification of an aeronautical radionavigation service may describe the kind of service, each standard to which it operates, the accuracy of its signal and the aircraft for which the service is provided.

hazard means a source of potential harm to aviation safety.

integrity, of a telecommunication service, a radionavigation service or a support service:

(a) means the likelihood that the information supplied by the service at a particular moment is correct; and

(b) includes the ability of the service to warn users promptly when the service should not be used.

key personnel, in relation to a service provider, means the person or persons who manage 1 or more of the following:

(a) operations;

(b) maintenance;

Manual of Standards means the document called ‘Manual of Standards (MOS) – Part 171’ issued by CASA under regulation 171.017, as in force from time to time.

operating hours, for a telecommunication or radionavigation service, means the times during which the service provider must, under its approval, operate the service.

operations manual means a manual of the kind described in Subpart 171.D, prepared by a service provider or a person applying for approval.

radionavigation service means an aeronautical radio navigation service within the meaning given in Volume II of Annex 10 to the Chicago Convention.

recovery time means the period during which a service is interrupted.

reliability, of a telecommunication service, a radionavigation service or a support service, means the probability that the service will perform its function or functions without failure for a specified period.

risk means risk to aviation safety.

safety means aviation safety.

service provider means a person approved to operate and maintain a telecommunication or radionavigation service, and whose approval is not suspended or revoked.

technical specification, for a telecommunication service or facility, or a radionavigation service or facility, is a detailed description, that may use technical terms and concepts, of:

(a) the way in which the service or facility operates and performs its functions; and

(b) the technical standards to which the service or facility has been designed and manufactured.

Example: The technical specification of a particular kind of radionavigation service may include its frequency band, channel spacing, frequency tolerance, effective radiated transmitter power, antenna type and gain, effective radiated power and radial phase modulation.

technician means a person who is engaged by a service provider to do 1 or more of the following:

(a) operate a facility;

(b) maintain a facility;

(2) For this Part:

(a) a telecommunication or radionavigation service is provided using 1 or more facilities at 1 or more locations, each facility consisting of:

(i) 1 item of equipment; or

(ii) items of interconnected equipment;

at a particular location; and

(b) a service is interrupted if, during its operating hours:

(i) it is not operating because it has failed or has been suspended; or

(ii) it is operating outside its technical specification.

171.012 Meaning of telecommunication service

(1) In this Part, telecommunication service means any of the following:

(a) 1 or both of the following, within the meaning given for each in Volume II of Annex 10 to the Chicago Convention:

(i) an aeronautical broadcasting service;

(ii) an aeronautical fixed service;

(b) an aeronautical mobile service, within the meaning given in Volume II of Annex 10 to the Chicago Convention, that is used to support an air traffic service of a kind mentioned in Annex 11 to the Chicago Convention;

(2) However, none of the following is a telecommunication service:

(a) an aerodrome weather information broadcast service (within the meaning in AIP);

(b) a certified air/ground radio service at an aerodrome;

(d) pilot activated lighting (within the meaning in AIP) at an aerodrome;

(e) a UNICOM service (within the meaning in AIP).

171.015 Person not to provide service without approval

(1) A person that is not a service provider must not provide a telecommunication or radionavigation service.

Penalty: 50 penalty units.

(2) An offence against subregulation (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

171.017 Issue of Manual of Standards

(1) CASA may issue a Manual of Standards for this Part that provides for the following matters:

(a) standards relating to the procedures, systems and documents required for the provision of a radionavigation service or a telecommunication service;

(b) standards for facilities and equipment used to provide a radionavigation service or a telecommunication service;

(c) standards, including competency standards and minimum qualifications, for a technician or, if a service provider is an individual, a service provider;

(d) any matter required or permitted by these Regulations to be provided for by the Manual of Standards;

(e) any matter necessary or convenient to be provided for the effective operation of this Part.

(2) CASA must give a copy of a notice about a Manual of Standards for this Part (being a notice referred to in subregulation 11.275(3) or regulation 11.280) to each service provider.

Note: Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS.

Subpart 171.B—Approval of service providers

Note: In addition to the provisions of this Subpart, Part 11 contains provisions relating to an application for approval as a telecommunication or radionavigation service provider.

171.020 Application

(1A) Subject to regulation 171.022, an eligible person may apply to CASA for approval as a provider of a telecommunication service or a radionavigation service, or both.

(1) For subregulation (1A), a person is an eligible person if the person is any of the following:

(a) the Commonwealth;

(b) AA;

(i) in cooperation with AA, in accordance with paragraph 11(3)(b) of the Air Services Act 1995; or

(ii) by arrangement with AA, in accordance with paragraph 11(3)(c) of the Air Services Act 1995.

(2) An application must be in writing, and must include:

(a) the applicant’s name and address; and

(b) a copy of the applicant’s operations manual, prepared as if the applicant were a service provider; and

(c) a statement, prepared by referring to the list of services in the Manual of Standards, showing each kind of telecommunication or radionavigation service for which the application is being made; and

(d) a statement of the intended location and coverage of each service.

(3) If an application is made to provide a telecommunication or radionavigation service that would not comply with 1 or more of the standards set out in:

(a) Annexes 10, 11 and 14 to the Chicago Convention; and

(b) the Manual of Standards;

the application must also describe the reasons for, and consequences of, the non‑compliance.

171.022 Joint applications not permitted

(1) An application purportedly made by 2 or more persons jointly is not a valid application for any purpose.

(2) An application purportedly made by a partnership is not a valid application for any purpose.

171.025 If applicant is a corporation

(1) For regulation 171.020, if the applicant is a corporation, the application must include:

(a) the applicant’s registered address and ACN; and

(b) the names and addresses of its officers.

(2) In paragraph (1)(b):

officer has the meaning given by section 9 of the Corporations Act 2001.

Note: See Subpart 171.E for provisions about administration of applications.

171.026 CASA may ask for demonstration of service

Regulation 11.045 applies in relation to an approval as a provider of a telecommunication service or a radionavigation service.

171.027 Grant of approval

(1) Subject to regulation 11.055 and subregulation (2), if a person (the applicant) has applied for approval as a provider of a telecommunication service or a radionavigation service under this Part, CASA must grant the approval.

(2) CASA may approve the applicant only if CASA approves the applicant’s draft operations manual.

Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:

(a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or

(b) a decision imposing a condition on an approval.

171.028 When decision must be made

(1) If CASA does not make a decision about an application within 90 days after receiving it, CASA is taken to have refused the application.

(2) However, if CASA makes a request under regulation 11.035, 11.040 or 11.045, the time between when CASA makes the request, and when the applicant conducts the demonstration, comes in for interview, or gives CASA the information or copy requested, does not count towards the period.

(5) In this regulation:

application includes an application to vary an approval under this Division.

171.029 Conditions

(1) Without limiting regulations 11.056 and 11.067, CASA may impose, on an approval, a condition that restricts:

(a) the kind of telecommunication or radionavigation service to be provided; or

(b) the way in which a service is provided; or

(d) the time during which a service is provided.

(2) In particular, CASA may impose, on an approval, any condition necessary to give effect to an arrangement mentioned in subsection 11(3) of the Air Services Act 1995.

Subpart 171.C—Obligations and privileges of service provider

171.030 Service by provider

(1) A telecommunication or radionavigation service must be provided in accordance with:

(a) the approval; and

(b) the service provider’s operations manual.

(2) Subregulation (1) does not apply to:

(a) a test transmission made in accordance with regulation 171.055; or

(b) a telecommunication or radionavigation service provided in an emergency.

171.035 Changes by service provider to service

(1) This regulation applies if a service provider wants to make a change to its telecommunication or radionavigation service (including by providing an additional service):

(a) the effect of which would be that the provider’s telecommunication or radionavigation service would no longer be in accordance with the certificate issued to the provider under regulation 171.250 (as in force before 27 June 2011) or regulation 11.060; or

(b) that requires prior notification to CASA because of a requirement to do so in the safety management system prepared in accordance with regulation 171.086.

(2) Before making the change the service provider must:

(a) prepare a draft amendment of the operations manual that reflects the proposed change; and

(b) send a copy of the draft amendment to CASA.

(2A) A service provider that complies with subregulation (2) in relation to making a change is taken to have applied for the approval of the proposed change under Subpart 171.E.

(3) If CASA approves the draft amendment of the manual, the provider may:

(a) incorporate the amendment into the manual; and

(b) after approval of the change comes into effect in accordance with regulation 11.065, make the change.

171.040 Changes by service provider to operations manual

A provider may change its operations manual without changing its service if it sends CASA a copy of the amendment to the manual.

171.050 Technicians

(1) A service provider must ensure that each technician is competent and holds the qualifications specified in the Manual of Standards for a technician of that kind.

(2) In particular, the provider must ensure that each technician has been:

(a) appropriately trained; and

(b) assessed as competent by a person who is qualified in accordance with the standard set out in the Manual of Standards.

(3) A service provider must give each technician a certificate that:

(a) names the technician; and

(b) describes the operation and maintenance functions that the technician may perform; and

(d) states the period during which the certificate is effective.

171.055 Test transmissions

A service provider may make a test transmission if:

(a) the transmission is necessary to test a service, facility or equipment; and

(b) the provider takes any one or more of the following precautions:

(i) a reasonable time before commencing the transmission, the provider tells AIS about the transmission;

(ii) at the commencement of the transmission, the service provider identifies the transmission as a test transmission;

(iii) the transmission contains information identifying it as a test transmission.

171.065 Interruption to service

(1) This regulation applies if a telecommunication or radionavigation service is interrupted or if the service provider knows that the service is to be interrupted.

(2) If the service is published in an AIP the service provider must tell AIS about the interruption.

(3) If it is practicable to do so the service provider must tell users of the service about the interruption.

171.070 Test equipment

A service provider’s facility or facilities must be tested and maintained using test equipment that is maintained and calibrated in accordance with the standards in the Manual of Standards.

171.075 Documents to be maintained

(1) The following documents must be maintained by a service provider:

(a) the operations manual;

(b) any technical manual used by the service provider at the facility;

(2) For subregulation (1), a document is maintained, if it:

(a) includes all amendments (other than draft amendments prepared for regulation 171.035); and

(b) bears the date of:

(i) the creation of the document; or

(ii) for a revised document—the most recent revision of the document; and

(d) identifies the person who authorised the creation and any revision of the document.

(3) For paragraph (1)(b), a technical manual means a document, other than the operations manual, that contains technical information about the operation and maintenance of a facility.

Example: An equipment manufacturer’s instruction book.

(4) A service provider must ensure that:

(a) a master copy of each document mentioned in this regulation is kept safely; and

(b) copies of documents are kept in a form that enables amendments to be made; and

171.080 Records

(1) A service provider must retain each document that:

(a) is given to or is created by or for the service provider; and

(b) could relate to aviation safety; and

(c) helps provide a history of events that relate to the design, installation, testing, operation, maintenance, modification or repair of, or changes to, each facility.

(2) A document for subregulation (1) includes any record of a kind mentioned in the Manual of Standards that is given to, or created by or for, the provider.

Examples: Records of the operational performance of a service, changes to the configuration of a facility, records showing software upgrades, or records of commissioning procedures.

(3) A document retained for this regulation must be:

(a) stored so it can be retrieved if needed for an aviation safety investigation; and

(b) retained for at least 5 years.

171.085 Security program

(1) A service provider must have, and put into effect, the security program set out in the operations manual.

(2) The security program must be in accordance with the standards set out in the Manual of Standards.

171.086 Safety management system

(1) A service provider must have, and put into effect, a safety management system that includes the policies, procedures, and practices necessary to safely provide the telecommunication and radionavigation services permitted under its approval.

(2) The safety management system must be in accordance with the standards set out in the Manual of Standards.

(3) The service provider must keep its safety management system under review and must take such corrective action as is necessary to ensure that it operates properly.

Subpart 171.D—Contents of operations manual

171.090 Operations manual to contain or refer to information

(1) An operations manual must contain the information mentioned in this Subpart that applies to each telecommunication or radionavigation service and kind of facility of the service provider.

(2) A requirement under this Subpart to include particular information in an operations manual may be satisfied by referring, in the manual, to that information in another document held by the service provider.

Example: An equipment manufacturer’s technical manual.

171.095 Organisation and management of service provider

An operations manual must include an organisation chart of the service provider that shows:

(a) the names, relevant qualifications, relevant experience and positions of the key personnel; and

(b) the number of technicians who will provide each service; and

171.100 Way in which standards are met

(1) An operations manual must:

(a) contain each standard that relates to the design, installation, testing, operation or maintenance of the service provider’s services and facilities; and

(b) explain how each standard is met.

(2) For subregulation (1):

standards means any of the following standards that apply to the service or facility:

(a) an ICAO standard;

(b) a standard set out in Annex 10 to the Chicago Convention;

(d) any other standard included in the operations manual.

171.105 Functional specification and performance values of services

(1) An operations manual must include:

(a) the functional specification of each of the service provider’s telecommunication or radionavigation services; and

(b) the values or characteristics for each of the following that apply to the service:

(i) availability;

(ii) reliability;

(iii) accuracy;

(iv) integrity.

(2) The values mentioned in paragraph (1)(b) must be derived or measured from either or both of:

(a) the configuration of each service; and

(b) the known performance of each service.

(3) An operations manual must also describe the method used to calculate each of the values.

(4) For a radionavigation service, the integrity values or characteristics must be given for each kind of navigation aid facility that forms part of the service.

171.110 Technical description

An operations manual must describe, for each telecommunication or radionavigation service provided:

(a) the kind and location of each facility; and

(b) the technical specification of each kind of facility; and

(d) the way in which the service provider monitors each facility to ensure that it is operating in accordance with its technical specification.

171.115 Safe operation

(1) An operations manual must describe the following:

(a) the procedure that records the way in which each telecommunication or radionavigation service and each related facility is configured at any time;

(b) the procedure used to design each facility and each item of equipment so that it provides a safe service;

(c) the procedure that ensures that the design of, or changes to, a service or facility are authorised by a person who is qualified and competent to do so;

(d) the method to be used to specify any changes to a service or facility, and to design, test and implement those changes;

(e) the procedure to be used to commission a new service or facility;

(f) the system to be used to maintain a record of the operational performance of a service;

(g) the procedure to be used to monitor the performance of each service and facility, and to compare the results with the appropriate technical specification;

(h) the procedure to be used if a service fails or a facility fault occurs, including the way in which the failure or fault is to be reported and rectified;

(i) the procedure to be used to report and rectify any defects found during operation and maintenance of the facility;

(j) the procedure to be used to:

(i) detect and correct any latent defects in equipment; and

(ii) change software to adapt to any changes to the configuration of hardware; and

(iii) change the design of equipment or facilities to adapt to any change to the functional or technical specification.

(2) For subparagraph (1)(j)(ii), software includes any form of data or instructions for an electronic device.

171.120 Facility operation and maintenance plan

(1) For this regulation:

flight inspection means a test of the accuracy, coverage or any other aspect of the performance of a service or facility conducted by using test equipment on board an aircraft in flight.

(2) An operations manual must contain, for each kind of facility, an operation and maintenance plan that includes the following:

(a) the procedures used for maintenance, including the procedures used for repair;

(b) a description of the system used to schedule maintenance;

(d) a copy of the operating and maintenance instructions for the facility;

(e) an analysis of the workload of technicians and key personnel that takes into account the numbers of these people and their qualifications;

(f) if 1 or more flight inspections are necessary:

(i) the standards and procedures used for flight inspections; and

(ii) the interval between flight inspections; and

(iii) the identity of the person or persons who will conduct flight inspections.

171.125 Safety management system

An operations manual must include information about the safety management system set out in regulation 171.086.

171.140 Test equipment

An operations manual must describe the procedures to maintain and calibrate test equipment.

171.145 Interruption to service

(1) An operations manual must:

(a) describe the procedure to be used if a telecommunication or radionavigation service is interrupted; and

(b) specify an acceptable recovery time for each service; and

(d) if there is a method to provide an alternative service if a service is interrupted—describe the method.

(2) Paragraph (1)(d) does not apply if, under an ATS agreement, an ATS provider is to arrange the alternative service.

171.150 Document control

An operations manual must describe the system by which documents mentioned in regulation 171.080 are stored and retrieved.

171.155 Security program

An operations manual must describe the security program mentioned in regulation 171.085.

171.160 Changes to procedures

An operations manual must describe the method by which changes are made to the operation and maintenance procedures.

Subpart 171.E—Suspension and cancellation of approvals, and directions to vary manuals

171.220 Suspension and cancellation of approvals

(1) CASA may state, in a show cause notice, that an approval is suspended if CASA reasonably considers that not suspending the approval would be likely to have an adverse effect on the safety of air navigation.

Note: Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.

(2) If a show cause notice states that the approval is suspended:

(b) the approval is suspended from when the notice is given to the holder.

(3) CASA may revoke the suspension at any time.

(4) If CASA has not cancelled the approval within 3 months after the day the show cause notice is given to the service provider, the suspension lapses at the end of that period.

171.225 Notice to approval holder to show cause

(1) CASA may give an approval holder a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that amount to grounds for the cancellation of the approval.

(2) A show cause notice must:

(a) tell the approval holder of the facts and circumstances that justify the cancellation of the approval; and

(b) invite the holder to show in writing, within a reasonable period stated in the notice, why the approval should not be cancelled.

(3) For paragraph (2)(b), the period must not be less than 7 days.

171.230 Grounds for cancellation of approval

It is grounds for the cancellation of an approval if the holder:

(a) has breached a condition of the approval; or

(b) has contravened the Act or these Regulations; or

(c) has otherwise been guilty of conduct that renders the holder’s continued holding of the approval likely to have an adverse effect on the safety of air navigation.

Note: Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.

171.235 Cancellation of approval after show cause notice

(1) CASA may cancel an approval only if:

(a) there exist facts or circumstances that amount to grounds for the cancellation of the approval; and

(b) CASA has given the holder a show cause notice in relation to the grounds for the proposed cancellation; and

(c) CASA has taken into account any written representations made, within the period stated in the notice, by or on behalf of the holder; and

(d) not cancelling the approval would be likely to have an adverse effect on the safety of air navigation.

(2) Subregulation (1) does not apply in relation to an approval in circumstances in which CASA must cancel the approval.

(3) If CASA has given a show cause notice to an approval holder, and it decides not to cancel the approval, it:

(a) must tell the holder in writing of the decision; and

(b) must, if the approval is suspended, revoke the suspension.

171.237 Cancellation if cooperation or arrangement ceases

(1) CASA must cancel the approval of a person mentioned in subparagraph 171.020(1)(c)(i) if the cooperation mentioned in that subparagraph ceases.

(2) CASA must cancel the approval of a person mentioned in subparagraph 171.020(1)(c)(ii) if the arrangement mentioned in that subparagraph ceases.

171.245 CASA’s power to direct variation of manual

(1) If necessary in the interests of the safety of air navigation, CASA may direct a service provider in writing to vary its operations manual, within a reasonable period specified in the direction, in a way specified in the direction.

(2) CASA may extend the period by written notice, before or after the end of the period mentioned in subregulation (1).

(3) If the service provider does not comply with the direction within the period (including any extension of it), the manual is taken to cease to be approved at the end of the period.

(4) After complying with the direction, the holder must give CASA a copy of the manual as so varied.

Subpart 172.A—General

172.005 Applicability of this Part

(1) This Part:

(a) applies to a person that wants to become, or is, an ATS provider; and

(b) sets out certain administrative rules applying to CASA in its administration of this Part.

(2) However, this Part does not apply to:

(a) a person who is providing an air traffic service in the course of his or her duties for the Defence Force; or

(b) any air traffic service provided by the Defence Force.

172.010 Definitions for this Part

In this Part:

airspace authority means:

(a) the body having the responsibility for making determinations under regulation 5, declarations under regulation 6 and designations under regulation 8 of the Airspace Regulations 2007; or

(b) if another body is given that responsibility under other regulations having the same or similar effect—that body.

air traffic service means an air traffic service of a kind mentioned in Annex 11, other than a certified air/ground radio service at an aerodrome.

Annex 10 means Annex 10 to the Chicago Convention.

Annex 11 means Annex 11 to the Chicago Convention.

certified air/ground radio service, or CA/GRS, in relation to an aerodrome, means an air/ground radio service for the aerodrome certified in accordance with regulation 139.410.

ICAO Doc. 4444 means Doc. 4444‑RAC/501 (Procedures for Air Navigation Services – Rules of the Air and Air Traffic Services) approved and published by decision of the Council of the International Civil Aviation Organisation, as in force from time to time.

ICAO Doc. 7030 means Doc. 7030 (Regional Supplementary Procedures) approved and published by decision of the Council of the International Civil Aviation Organisation, as in force from time to time.

Manual of Standards means the document called ‘Manual of Standards (MOS) – Part 172’ issued by CASA under regulation 172.022, as in force from time to time.

provider’s operations manual, in relation to an ATS provider, means the manual maintained by the provider under regulation 172.060.

172.015 What is an ATS provider

An ATS provider is a person approved, under Subpart 172.F, to provide the air traffic services that are covered by the approval.

172.020 Providing air traffic service without approval

(1) A person that is not an ATS provider must not provide an air traffic service.

Penalty: 50 penalty units.

(2) An offence against subregulation (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

172.022 Issue of Manual of Standards

(1) CASA may issue a Manual of Standards for this Part that provides for the following matters:

(a) standards, including procedures, systems and documents used to provide an air traffic service;

(b) standards for facilities and equipment used to provide an air traffic service;

(d) any matter required or permitted by these Regulations to be provided for by the Manual of Standards;

(e) any matter necessary or convenient to be provided for the effective operation of this Part.

(2) CASA must give a copy of a notice about a Manual of Standards for this Part (being a notice referred to in subregulation 11.275(3) or regulation 11.280) to each ATS provider.

Note: Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS.

Subpart 172.B—Approval as an ATS provider

172.024 Applicant for approval as ATS provider

A person is eligible to apply for approval as an ATS provider if the person is any of the following:

(a) the Commonwealth;

(b) AA;

(i) in cooperation with AA, in accordance with paragraph 11(3)(b) of the Air Services Act 1995; or

(ii) by arrangement with AA, in accordance with paragraph 11(3)(c) of the Air Services Act 1995.

172.030 When applicant is eligible for approval

For Subpart 172.F, an applicant is eligible to become an ATS provider if the applicant is able to comply with the requirements of Subparts 172.C and 172.D or will be able to do so if the applicant is approved.

172.055 Variation of approvals

(1) If an ATS provider wants to vary its approval, it must apply to CASA, under Subpart 172.F, for that purpose.

(2) The application must contain, or have with it, a copy of the proposed variation.

Subpart 172.C—Requirements to be complied with by ATS providers

Division 172.C.1—Operations manual

172.060 Operations manual

(1) An ATS provider must, at all times, maintain an operations manual that complies with the standards set out in the Manual of Standards.

. (2) The provider:

(a) must keep the manual in a readily accessible form; and

(b) must ensure that each member of its personnel who performs functions in connection with any air traffic service that it provides has ready access to the manual.

(3) The provider must amend the manual whenever it is necessary to do so to keep it in an up to date form.

(4) If the provider is given a direction, under regulation 172.300, to amend the manual, the provider must comply with the direction.

(5) The provider must ensure:

(a) that all the amendments are incorporated in all copies of the manual kept by the operator; and

(b) that copies of the amendments are given to CASA.

Division 172.C.2—Air traffic service

172.065 Standards for air traffic service

(1) An ATS provider must ensure that any air traffic service that it provides is provided in accordance with:

(a) the standards set out in the Manual of Standards; and

(b) the standards set out or referred to in Annex 11, as varied by Gen 1.7 of Part 1 of the AIP.

(2) However, the provider may deviate from the standards if an emergency, or other circumstance, arises that makes the deviation necessary in the interests of aviation safety.

(3) As soon as practicable, the provider must tell CASA of the deviation and how long it is likely to last.

172.070 Aeronautical telecommunications procedures

An ATS provider must ensure that any air traffic service that it provides is provided in accordance with:

(a) the radiotelephony procedures set out in Parts 1 and 2 of the AIP; and

(b) the procedures for aeronautical telecommunications set out in Volume II of Annex 10, as varied by Gen 1.7 of Part 1 of the AIP.

172.075 ICAO Doc. 4444 and ICAO Doc. 7030

(1) An ATS provider must ensure that any air traffic service that it provides is provided in accordance with the procedures and rules set out in ICAO Doc. 4444, as varied by Gen 1.7 of Part 1 of the AIP.

(2) If a regional supplementary procedure set out in ICAO Doc. 7030 relates to an air traffic service that the provider provides, the provider must also ensure that the service is provided in accordance with that procedure.

(3) However, the provider may deviate from a procedure or rule mentioned subregulation (1), or a regional supplementary procedure mentioned in subregulation (2), if an emergency, or other circumstance, arises that makes the deviation necessary in the interests of aviation safety.

(4) As soon as practicable, the provider must tell CASA of the deviation and how long it is likely to last.

172.080 Compliance with provider’s operations manual

An ATS provider must ensure that any air traffic service that it provides is provided in accordance with its provider’s operations manual.

172.085 Priority of standards

If, apart from this regulation, an ATS provider would be required by this Division to ensure that any air traffic service that it provides is provided in accordance with a standard in the Manual of Standards and a standard in Annex 11, as varied by Gen 1.7 of Part 1 of the AIP, and it is not possible to comply with both standards, the provider is only required to ensure that the service is provided in accordance with the standard in the Manual.

172.090 Priority of inconsistent procedures

(1) In this regulation:

procedure includes rules.

(2) If, apart from this regulation, an ATS provider would be required by this Division to ensure that any air traffic service that it provides is provided in accordance with 2 or more procedures that are inconsistent, the provider is only required to ensure that the service is provided in accordance with whichever of the procedures has the highest priority.

(3) For this regulation, 2 or more procedures are inconsistent if:

(a) it is not possible to comply with both or all of the procedures; or

(b) they require the same, or substantially similar, action to be taken at different times or in a different way.

(4) The order of priority of a procedure is as follows (starting with those of highest priority):

(a) procedures in Parts 1 and 2 of the AIP;

(b) procedures for aeronautical telecommunications in Volume II of Annex 10, as varied by Gen 1.7 of Part 1 of the AIP;

(d) procedures in ICAO Doc. 4444, as varied by Gen 1.7 of Part 1 of the AIP;

(e) any procedures in the provider’s operations manual.

Division 172.C.3—Standards for facilities and equipment

172.095 Facilities and equipment

(1) An ATS provider must, at all times, make available for use by its personnel the equipment and facilities necessary for providing, in accordance with the standards set out in the Manual of Standards, the air traffic services covered by its approval.

(2) The equipment must include equipment of the kinds specified in the Manual of Standards.

(3) Any equipment and facilities mentioned in chapter 6 of Annex 11 that the provider uses in providing an air traffic service must comply with the standards of that chapter.

(4) If the provider uses a control tower in providing an air traffic service, the provider must ensure the control tower is designed, sited, constructed, equipped and maintained in accordance with the standards set out in the Manual of Standards.

Division 172.C.4—Organisation and personnel

172.100 Definition for this Division

In this Division:

trained, in relation to a member of an ATS provider’s personnel, means trained in accordance with any relevant requirements set out in the provider’s training and checking program mentioned in regulation 172.140.

172.105 Organisation

An ATS provider must, at all times, maintain an appropriate organisation with a sound and effective management structure to enable it to provide, in accordance with the standards set out in the Manual of Standards and the standards set out or referred to in Annex 11, the air traffic services covered by its approval.

172.110 Personnel

An ATS provider must have, at all times, enough suitably qualified and trained personnel to enable it to provide, in accordance with the standards set out in the Manual of Standards and the standards set out or referred to in Annex 11, the air traffic services covered by its approval.

172.115 Supervisory personnel

An ATS provider must have, at all times, enough suitably qualified and trained personnel who are able to supervise the provision of any air traffic service that it provides.

172.120 Qualifications for certain personnel

(1) An ATS provider must not give to a person responsibility for an air traffic control function to be performed in connection with any air traffic service that it provides unless:

(a) CASA has authorised the person to perform the function under regulation 65.035; or

(b) the person holds an ATC licence with a rating for the function and an endorsement for the controlled aerodrome for which, or the airspace in relation to which, the person performs the function; or

(c) the person performs the function under the supervision of another person who holds an ATC licence with a rating for the function and an endorsement for the controlled aerodrome for which, or the airspace in relation to which, the person performs the function.

(2) The provider must not give to a person responsibility for a flight service function to be performed in connection with any air traffic service that it provides unless:

(a) CASA has authorised the person to perform the function under regulation 65.050; or

(b) the person holds a flight service licence with a rating for the function and an endorsement for the aerodrome for which, or the airspace in relation to which, the person performs the function; or

(c) the person performs the function under the supervision of another person who holds a flight service licence with a rating for the function and an endorsement for the aerodrome for which, or the airspace in relation to which, the person performs the function.

(3) The provider must not give to a person responsibility for an air traffic control function to be performed in connection with any air traffic service that it provides if the person is subject to a direction under regulation 65.255.

(4) The provider must not give to a person responsibility for a flight service function to be performed in connection with any air traffic service that it provides if the person is subject to a direction under regulation 65.255.

Division 172.C.5—Arrangements to maintain service

172.125 Agreements with service providers

(1) In this regulation:

service provider means a person:

(a) that is approved, under Part 171, to provide a telecommunication service, radionavigation service, or both; and

(b) whose approval is in force.

(2) An ATS provider (other than an ATS provider that is also a service provider) must have an agreement with a service provider for any telecommunication service or radionavigation service that the service provider provides to the ATS provider.

(3) An agreement, under subregulation (2), must be in accordance with the standards set out in the Manual of Standards.

172.130 Agreements with aerodrome operators

(1) In this regulation:

vehicle includes boat.

(2) If an ATS provider (other than an ATS provider that is also an aerodrome operator) provides an air traffic service for a controlled aerodrome, the provider must have an agreement with the aerodrome operator covering the arrangements for controlling aircraft, vehicles and people on the manoeuvring area of the aerodrome.

(3) An agreement, under subregulation (2), must be in accordance with the standards set out in the Manual of Standards.

172.135 Arrangements for transfer of information

(1) An ATS provider must have, at all times, adequate arrangements to ensure that it gets, and will continue to get, the services and information necessary to provide the air traffic services covered by its approval.

(2) The provider must have, at all times, adequate arrangements to ensure that it is able, and will continue to be able, to provide information in connection with any of those air traffic services to another person whose duties or functions reasonably require that information.

Division 172.C.6—Management

172.140 Training and checking program

An ATS provider must, at all times, provide a training and checking program, in accordance with the Manual of Standards, to ensure that each member of its personnel who performs functions in connection with any air traffic service that it provides is competent to perform those functions.

172.145 Safety management system

(1) An ATS provider must have, and put into effect, a safety management system that includes the policies, procedures, and practices necessary to provide the air traffic services covered by its approval safely.

(2) The safety management system must be in accordance with the standards set out in the Manual of Standards.

(3) The provider must keep under review its safety management system and take such corrective action as is necessary to ensure that it operates properly.

172.150 Contingency plan

(1) An ATS provider must have a contingency plan, in accordance with the standards set out in the Manual of Standards, of the procedures to be followed if, for any reason, an air traffic service being provided by it is interrupted.

(2) The plan must include:

(a) the actions to be taken by the members of the provider’s personnel responsible for providing the service; and

(b) possible alternative arrangements for providing the service; and

172.155 Security program

(1) An ATS provider must have, and put into effect, a security program that sets out the procedures designed to protect its personnel, and any facility and equipment that it uses, in providing any of its air traffic services.

(2) The security program must be in accordance with the standards set out in the Manual of Standards.

Division 172.C.7—Reference materials, documents, records and log books

172.160 Reference materials

(1) An ATS provider must maintain the following reference materials:

(a) copies of the Act and these Regulations;

(b) copies of Annex 11 and Volume II of Annex 10;

(d) if a regional supplementary procedure set out in ICAO Doc. 7030 relates to an air traffic service that the provider provides—a copy of ICAO Doc. 7030;

(e) a copy of the parts of the AIP that are relevant to any air traffic services that it provides;

(f) the Manual of Standards;

(g) all manuals and documents specified in the Manual of Standards;

(h) a copy of any instruction issued by it to its personnel in relation to the provision of its air traffic services.

(2) The provider must keep the reference materials up to date and in a readily accessible form.

(3) The provider’s personnel who perform functions in connection with any air traffic service that the provider provides must have ready access to the reference materials.

172.165 Documents and records

(1) An ATS provider must keep documents and records of the kinds specified in the Manual of Standards.

(2) A document or record must be retained for as long as the Manual specifies for the particular kind of document or record.

(3) The provider must, at CASA’s request, make the documents and records, or copies of them or extracts from them, available for inspection by CASA.

172.170 Document and record control system

(1) An ATS provider must establish, and put into effect, a system for controlling documents and records relating to the air traffic services that it provides, including the policies and procedures for making, amending, preserving and disposing those documents and records.

(2) The system must be in accordance with the standards set out in the Manual of Standards.

(3) The documents and records must include the documents and records required to be kept under regulation 172.165.

172.175 Logbooks

(1) An ATS provider must keep, for each air traffic service that it provides from a particular location, a logbook in accordance with the standards set out in the Manual of Standards.

(2) The provider must ensure that information of the kinds mentioned in the Manual is recorded in each logbook.

(3) The provider must, at CASA’s request, make each logbook, or a copy of it or an extract from it, available for inspection by CASA.

Division 172.C.8—Notice of air traffic service

172.180 Availability of air traffic service

(1) An ATS provider must give to the AIS details of each air traffic service that it provides in particular airspace, or for a particular aerodrome, including the hours during which the service is available.

(2) An ATS provider must tell the AIS about changes, interruptions or the unavailability of any of its air traffic services, if it is practicable to do so.

Subpart 172.D—Telling CASA about changes

172.185 Advice on organisational changes

An ATS provider must tell CASA, in writing, of a change of circumstances that materially affects its capacity to provide any of its air traffic services within 7 days after the change occurs.

172.190 Discontinuing air traffic service

(1) An ATS provider must not discontinue an air traffic service that it provides, unless it has given CASA at least 7 days written notice that the service is to be discontinued.

(2) Subregulation (1) does not apply if, having regard to the provider’s circumstances:

(a) it was not reasonably practicable for the provider to give to CASA at least 7 days notice; and

(b) the provider gives the notice as soon as reasonably practicable before, on or after the day when the service is discontinued.

Subpart 172.E—Miscellaneous

172.195 ATS provider must not provide unauthorised air traffic service

An ATS provider must not provide an air traffic service unless its approval:

(a) is in force; and

(b) covers that service.

Subpart 172.F—Administration

Note: In addition to the provisions of this Subpart, Part 11 contains provisions relating to an application for approval as an ATS provider.

Division 172.F.1—Preliminary

172.200 Applicability of this Subpart

This Subpart:

(a) sets out certain administrative rules applying to CASA in its administration of this Part; and

(b) includes certain generic provisions applying to anyone who wants to become, or is, an ATS provider.

Division 172.F.2—Approvals

172.202 Applying for approval

Subject to regulation 172.205, a person may apply to CASA, in writing, for approval as an ATS provider.

172.205 Joint applications not permitted

(1) An application purportedly made by 2 or more persons jointly is not a valid application for any purpose.

(2) An application purportedly made by a partnership is not a valid application for any purpose.

172.215 Applications by corporations etc—what must be included

(1) An application from a person other than an individual must set out:

(a) the applicant’s registered address and ACN; and

(b) the names and addresses of its officers.

(2) In paragraph (1)(b):

officer has the meaning given by section 9 of the Corporations Act 2001.

172.230 CASA may require demonstrations of procedures or equipment

Regulation 11.045 applies in relation to an approval as an ATS provider.

172.260 When CASA must approve an applicant

(1) Subject to regulation 11.055 and subregulation (2), if an applicant has applied for approval as an ATS provider under this Part, CASA must grant the approval.

(2) CASA must refuse an application for an approval for an air traffic service to be provided in particular airspace, or for a particular aerodrome, if anyone else who is an ATS provider already provides that service in that airspace or for that aerodrome.

Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:

(a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or

(b) a decision imposing a condition on an approval.

172.265 When decision must be made

(1) If CASA does not make a decision about an application within the period mentioned in subregulation (2) after receiving it, CASA is taken to have refused the application.

(2) The period is 6 months.

(3) However, if CASA makes a request under regulation 11.035, 11.040 or 11.045, the time between when CASA makes the request, and when the applicant conducts the demonstration, comes in for interview, or gives CASA the information or copy requested, does not count towards the period.

(4) Also, if CASA asks an applicant to make a statutory declaration under regulation 11.047 or subregulation 11.050(3A), the time between when CASA asks the applicant to do so and when the applicant gives CASA the statutory declaration does not count towards the period.

(5) Also, if CASA invites an applicant to make a written submission under subregulation 11.050(2), the time between when CASA gives the invitation and when the applicant makes the written submission does not count towards the period.

(6) In this regulation:

application includes an application to vary an approval under this Division.

172.270 Conditions

Without limiting regulations 11.056 and 11.067, CASA may impose, on an approval, any condition necessary to give effect to an arrangement mentioned in subsection 11(3) of the Air Services Act 1995.

Division 172.F.4—Directions to amend provider’s operations manual

172.300 CASA may direct amendments to provider’s operations manual

(1) If necessary in the interests of the safety of air navigation, CASA may direct an ATS provider, in writing, within a reasonable period specified in the direction, to amend its provider’s operations manual in a way specified in the direction.

(2) CASA may extend the period by written notice, before or after the end of the period referred to in subregulation (1).

Division 172.F.5—Suspension and cancellation of approvals

172.305 Definition for this Division

In this Division:

show cause notice means a notice under regulation 172.320.

172.310 Suspension of approval by show cause notice

(1) CASA may state, in a show cause notice, that an ATS provider’s approval is suspended if CASA reasonably considers that not suspending the approval would be likely to have an adverse effect on the safety of air navigation.

Note: Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.

(2) If a show cause notice states that the approval is suspended, the approval is suspended from when the notice is given to the provider.

(3) CASA may revoke the suspension at any time.

(4) If CASA has not cancelled the approval under regulation 172.325, within 90 days after the day the show cause notice is given to the provider, the suspension lapses at the end of that period.

172.315 Grounds for cancellation of approval

It is grounds for the cancellation of an ATS provider’s approval if the provider:

(a) has breached a condition of the approval; or

(b) has contravened the Act or these Regulations; or

(d) has otherwise been guilty of conduct that renders the provider’s continued holding of the approval likely to have an adverse effect on the safety of air navigation.

Note: Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.

172.320 Notice to show cause

(1) CASA may give an ATS provider a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that amount to grounds for the cancellation of the provider’s approval.

(2) A show cause notice must:

(a) tell the provider of the facts and circumstances that justify the cancellation of the approval; and

(b) invite the provider to show in writing, within a reasonable period stated in the notice, why the approval should not be cancelled.

(3) For paragraph (2)(b), the period must not be less than 7 days.

172.325 Cancellation of approval after show cause notice

(1) CASA may cancel an ATS provider’s approval only if:

(a) there exist facts or circumstances that amount to grounds for the cancellation of the approval; and

(b) CASA has given the provider a show cause notice in relation to the grounds for the proposed cancellation; and

(c) CASA has taken into account any written representations made, within the period stated in the notice, by or on behalf of the provider; and

(d) not cancelling the approval would be likely to have an adverse effect on the safety of air navigation.

(2) If CASA has given a show cause notice to an ATS provider, and it decides not to cancel the provider’s approval, it:

(a) must tell the provider, in writing, of the decision; and

(b) must, if the approval is suspended, revoke the suspension.

172.327 Cancellation if cooperation or arrangement ceases

(1) CASA must cancel the approval of a person mentioned in subparagraph 172.024(c)(i) if the cooperation mentioned in that subparagraph ceases.

(2) CASA must cancel the approval of a person mentioned in subparagraph 172.024(c)(ii) if the arrangement mentioned in that subparagraph ceases.

Subpart 173.A—General

173.005 Applicability

(1) This Part:

(a) provides for the standards that apply to the design of instrument flight procedures; and

(b) applies to the following persons:

(i) persons who want to become, or are, certified designers or authorised designers of terminal instrument flight procedures and certain employees of those persons;

(ii) persons who design instrument flight procedures other than terminal instrument flight procedures.

(2) This Part also sets out certain rules that apply to CASA in administering procedure design certificates and procedure design authorisations.

(3) Nothing in this Part applies:

(a) in relation to the design of terminal instrument flight procedures for use by an aircraft in circumstances where one or more engines of the aircraft become inoperative while it is on an IFR flight; or

(b) to a person who carries on design work on such procedures.

173.010 Definitions for this Part

In this Part, unless the contrary intention appears:

authorised designer has the meaning given by regulation 173.025.

certified designer has the meaning given by regulation 173.015.

chief designer, for a certified designer, means a person appointed as chief designer for the certified designer under Division 173.B.3.

continental shelf means the continental shelf of Australia, within the meaning of the Seas and Submerged Lands Act 1973.

design work, in relation to a terminal instrument flight procedure, means any of the following work:

(a) designing the procedure or a part of the procedure;

(b) verifying, maintaining, reviewing or amending the procedure;

employee, of a certified designer or an authorised designer, includes a person who carries on design work on a terminal instrument flight procedure for the designer in the course of performing services for the designer.

ICAO Doc. 8168 (PANS‑OPS) means Doc.8168‑OPS/611 Volume II (Procedures for Air Navigation Services – Construction of Visual and Instrument Flight Procedures) approved and published by decision of the Council of the International Civil Aviation Organisation, as in force from time to time.

Manual of Standards means the document called ‘Manual of Standards (MOS) Part 173 – Standards Applicable to the Provision of Instrument Flight Procedure Design’, published by CASA, as in force from time to time.

Note: The Manual of Standards is available from CASA’s website at:

www.casa.gov.au.

operations manual:

(a) in relation to a certified designer, means the manual maintained by the designer under regulation 173.075; and

(b) in relation to an authorised designer, means the manual maintained by the designer under regulation 173.250.

procedure design authorisation has the meaning given by regulation 173.030.

procedure design certificate has the meaning given by regulation 173.020.

type of terminal instrument flight procedure means a type of terminal instrument flight procedure mentioned in the Manual of Standards.

validate has the same meaning as in the Manual of Standards.

verify has the same meaning as in regulation 173.090.

Note: The following terms are defined in the Dictionary:

 AIS

 instrument approach procedure

 instrument departure procedure

 instrument flight procedures

lowest safe altitude
off‑shore installation
specialised helicopter operation
terminal instrument flight procedure.

173.015 What is a certified designer

A certified designer is a person who is the holder of a procedure design certificate that is in force.

173.020 What is a procedure design certificate

A procedure design certificate is a certificate that:

(a) is granted by CASA to a person under this Part; and

(b) certifies that the person is authorised to carry on design work on a terminal instrument flight procedure of a type covered by the certificate subject to any conditions set out in the certificate.

173.025 What is an authorised designer

An authorised designer is a person who is the holder of a procedure design authorisation that is in force.

173.030 What is a procedure design authorisation

A procedure design authorisation is an authorisation that:

(a) is granted by CASA to a person under this Part; and

(b) authorises the person to carry on either of the following activities:

(i) review or amend a terminal instrument flight procedure that is of a type covered by the authorisation and is for use by Australian aircraft operating under the IFR at, or in the vicinity of, an aerodrome in a foreign country;

(ii) carry on design work on a terminal instrument flight procedure that is of a type covered by the authorisation and is for use by Australian aircraft operating under the IFR at, or in the vicinity of, an off‑shore installation located no closer than the distance specified in the Manual of Standards from the nearest land.

173.035 Design, review or amendment of terminal instrument flight procedures—requirement for procedure design certificate etc

(1) A person commits an offence if:

(a) the person carries on design work (other than work mentioned in subregulation (2) or (3)) on a terminal instrument flight procedure for use by Australian aircraft operating under the IFR, or by foreign aircraft operating under the IFR in Australian territory; and

(b) the person is not permitted to do so under subregulation (2).

Penalty: 50 penalty units.

(2) For paragraph (1)(b), the following persons may carry on the work:

(a) CASA;

(b) a certified designer whose procedure design certificate authorises the designer to carry on design work on the procedure;

(c) an employee of a certified designer mentioned in paragraph (b) who carries on the design work in the course of the employee’s duties.

(3) A person commits an offence if:

(a) the person reviews or amends a terminal instrument flight procedure for use by Australian aircraft operating under the IFR at, or in the vicinity of, an aerodrome in a foreign country; and

(b) the person is not permitted to do so under subregulation (4).

Penalty: 50 penalty units.

(4) For paragraph (3)(b), the following persons may review or amend the procedure:

(a) CASA;

(b) a certified designer whose procedure design certificate authorises the designer to carry on design work on the procedure;

(c) an employee of a certified designer mentioned in paragraph (b) who reviews or amends the procedure in the course of the employee’s duties;

(d) an authorised designer whose procedure design authorisation authorises the designer to review or amend the procedure;

(e) an employee of an authorised designer mentioned in paragraph (d) who reviews or amends the procedure in the course of the employee’s duties.

(5) A person commits an offence if:

(a) the person carries on design work on a terminal instrument flight procedure for use by Australian aircraft operating under the IFR at, or in the vicinity of, an off‑shore installation; and

(b) the person is not permitted to do so under subregulation (6).

Penalty: 50 penalty units.

(6) For paragraph (5)(b), the following persons may carry on the work:

(a) CASA;

(b) a certified designer whose procedure design certificate authorises the designer to carry on design work on the procedure;

(c) an employee of a certified designer mentioned in paragraph (b) who carries on the design work in the course of the employee’s duties;

(d) an authorised designer whose procedure design authorisation authorises the designer to carry on design work on the procedure;

(e) an employee of an authorised designer mentioned in paragraph (d) who carries on the design work in the course of the employee’s duties.

(7) An offence against subregulation (1), (3) or (5) is an offence of strict liability.

173.040 Designing instrument flight procedures other than terminal instrument flight procedures

(1) A person who designs an instrument flight procedure that is not a terminal instrument flight procedure must, in designing the procedure, meet any standards for the design of such a procedure set out in the Manual of Standards.

Penalty: 10 penalty units.

(2) An offence against subregulation (1) is an offence of strict liability.

Subpart 173.B—Certified designers

Division 173.B.1—Certification as certified designer

Note: In addition to the provisions of this Division, Part 11 contains provisions relating to an application for certification as a certified designer.

173.045 Applications for procedure design certificates

(1) A person may apply to CASA, in writing, for a procedure design certificate.

(2) The application:

(b) must state:

(i) the applicant’s name and address; or

(ii) if the applicant is incorporated by or under a law of the Commonwealth or of a State or Territory, the applicant’s name, registered address and ACN and the names and addresses of the people responsible for its management and control; and

(i) a written statement specifying the type or each type of terminal instrument flight procedure proposed to be covered by the procedure design certificate; and

(ii) a written statement setting out the name, qualifications and relevant experience of the individual who is proposed to be the chief designer for the applicant’s organisation; and

(iii) a written statement setting out the qualifications and relevant experience of any other member of the applicant’s personnel whose duties would, if the certificate were granted to the applicant, include carrying on design work under the certificate; and

(d) must be accompanied by a copy of the operations manual under which the applicant proposes to design, or engage in design work on, terminal instrument flight procedures of the type or types concerned.

Note: Part 11 also contains provisions relating to an application for a procedure design certificate.

173.050 Criteria for grant of procedure design certificates

For regulation 173.335, a person who has applied for the grant of a procedure design certificate must, if the certificate is granted, be able to comply with the requirements of Division 173.B.2.

173.055 Procedure design certificate

(1) If CASA grants a procedure design certificate to a person under Subpart 173.E, CASA must state on the certificate:

(a) the person’s name and principal place of business; and

(b) the type or each type of terminal instrument flight procedure covered by the certificate; and

(d) the date when it comes into force; and

(e) any other information that CASA thinks should be included.

173.065 How long procedure design certificates remain in force

A procedure design certificate remains in force unless it is cancelled.

173.070 Applications to vary procedure design certificates

An application to vary a procedure design certificate must contain, or have with it, a copy of the proposed variation.

Division 173.B.2—Requirements to be complied with by certified designers

173.075 Certified designer to maintain operations manual

(1) A certified designer must, at all times, maintain an operations manual that meets the standards for operations manuals set out in the Manual of Standards.

(2) A certified designer:

(a) must keep the manual in a readily accessible form; and

(b) must ensure that each employee of the designer whose duties include carrying on design work under the designer’s procedure design certificate has ready access to the manual; and

(3) A certified designer must ensure:

(a) that all amendments of the manual are incorporated in all copies of the manual kept by the certified designer; and

(b) that copies of the amendments are given to CASA.

173.080 Compliance with operations manual

A certified designer must, in carrying on design work authorised under the designer’s procedure design certificate, comply with the designer’s operations manual.

173.085 Standards for design of terminal instrument flight procedures etc

(1) A certified designer designing a terminal instrument flight procedure under the certified designer’s procedure design certificate must ensure that the procedure is designed in accordance with:

(a) any applicable standards set out or referred to in ICAO Doc. 8168 (PANS‑OPS); and

(b) any applicable standards set out in the Manual of Standards.

(2) If, apart from this subregulation, a certified designer would be required to ensure that a terminal instrument flight procedure is designed in accordance with a standard set out or referred to in the ICAO Doc. 8168 (PANS‑OPS) and a standard set out in the Manual of Standards, and it is not possible to comply with both standards, the designer is only required to ensure that the procedure is designed in accordance with the Manual of Standards.

173.090 Verification of terminal instrument flight procedures

(1) A certified designer must establish procedures for verifying terminal instrument procedures that it is authorised to design under the designer’s procedure design certificate or on which the designer is authorised to carry on design work.

(2) The verification procedures:

(a) must provide for 2 qualified designers to check independently the design of each terminal instrument flight procedure designed, or on which design work is carried on, under the certified designer’s procedure design certificate; and

(b) must provide for one of those checks to be made by a qualified designer who did not carry on the design work concerned.

(3) In this regulation, a reference to verifying a terminal instrument flight procedure is a reference to the process of checking the procedure (including all data, computations and drawings for the procedure) in accordance with any applicable standards set out in the Manual of Standards.

(4) In this regulation:

qualified designer, in relation to a terminal instrument flight procedure, means an individual who:

(a) is the holder, or an employee of the holder, of a procedure design certificate that authorises the holder to design terminal instrument flight procedures of the same type as the terminal instrument flight procedure concerned; and

(b) has successfully completed:

(i) an approved course of training in the methods and practices contained in ICAO Doc. 8168 (PANS‑OPS); and

(ii) any training for persons carrying on design work on terminal instrument flight procedures that is specified in the operations manual under which the qualified designer performs the designer’s duties; and

(c) meets the experience requirements for performing the functions of a qualified designer set out in the Manual of Standards.

173.095 Validation of terminal instrument flight procedures

(1) A certified designer must ensure that each terminal instrument flight procedure designed under the designer’s procedure design certificate is validated by a CASA pilot in accordance with any applicable standards set out in the Manual of Standards.

(2) In this regulation:

CASA pilot means a pilot:

(a) who is an officer of CASA; and

(b) who meets the standards set out in the Manual of Standards for carrying out a validation flight check of a terminal instrument flight procedure.

validation flight check has the same meaning as in the Manual of Standards.

173.100 Publication of terminal instrument flight procedures

(1) A certified designer must ensure that each terminal instrument flight procedure designed under the designer’s procedure design certificate is given to the AIS for publication in the AIP together with a certificate by the certified designer’s chief designer to the effect that the procedure is designed and validated in accordance with any applicable standards set out or referred to in ICAO Doc. 8168 (PANS‑OPS) and the Manual of Standards.

(2) However, the designer need not give a terminal instrument flight procedure to the AIS if the procedure is for use only by an aircraft in a specialised helicopter operation.

(3) A certified designer must ensure that all procedures designed under its procedure design certificate that are not given to the AIS for publication in the AIP are given to CASA.

173.105 Radio navigation aids

A certified designer must ensure that a terminal instrument flight procedure designed under the designer’s procedure design certificate does not require the use of a ground‑based radio‑navigation aid other than one that is operated and maintained by a person certificated to do so under Part 171.

173.110 Maintenance of terminal instrument flight procedures

(1) Subject to subregulation (2), a certified designer is responsible for maintaining, in accordance with the standards for the maintenance of terminal instrument flight procedures set out in the Manual of Standards, a terminal instrument flight procedure designed under the designer’s procedure design certificate or for which that responsibility is transferred to the certified designer under regulation 173.215.

(2) The certified designer ceases to be responsible for the maintenance of the procedure:

(a) if the certified designer has notified CASA and, if the procedure is published in the AIP, the AIS, under regulation 173.210, that the designer has ceased to have that responsibility:

(i) on the day when the notice is given; or

(ii) if a later day is specified in the notice—on the later day; or

(b) if the certified designer’s responsibility for the maintenance of the procedure is transferred to another certified designer in accordance with regulation 173.215—on the day when the responsibility is transferred; or

(c) if the certified designer has notified CASA and, if the procedure is published in the AIP, the AIS, under regulation 173.200, that the designer has ceased to design the type of terminal instrument flight procedure concerned:

(i) on the day when the notice is given; or

(ii) if a later day is specified in the notice—on the later day; or

(d) if the certified designer’s procedure design certificate is varied under Subpart 173.E to exclude that type of procedure—on the day when the variation takes effect; or

(e) if the certified designer ceases to be a certified designer—on the day when the designer ceases to be a certified designer.

173.115 Certified designer to provide facilities etc

(1) A certified designer must provide and maintain adequate facilities for carrying on design work on terminal instrument flight procedures under the designer’s procedure design certificate, including:

(a) providing premises and equipment appropriate for the certified designer’s employees to carry on the design work; and

(b) ensuring that those employees have access to all necessary data for designing the procedures including:

(i) accurate and current databases or charts detailing terrain and obstacle information; and

(ii) accurate and current navigation aid coordinate data; and

(iii) accurate and current aerodrome reference point and threshold data.

(2) A certified designer must, if an aeronautical database and aeronautical data is required for designing a terminal instrument flight procedure under the designer’s procedure design certificate, have, and put into effect, procedures to ensure the integrity of the database and the data.

173.120 Certified designer to have appropriate organisation

A certified designer must, at all times, maintain an appropriate organisation with a sound and effective management structure to enable the designer to carry on design work on terminal instrument flight procedures under the designer’s procedure design certificate in accordance with these Regulations.

173.125 Certified designer to have sufficient personnel

A certified designer:

(a) must employ a sufficient number of personnel to enable the designer to carry on design work on terminal instrument flight procedures under the designer’s procedure design certificate in accordance with these Regulations; and

(b) must ensure that those personnel:

(i) are suitably qualified and competent to perform their duties; and

(ii) are trained in accordance with the Manual of Standards and the designer’s operations manual.

173.130 Supervisory personnel

A certified designer must ensure that each employee who is occupying or acting in a supervisory position in the designer’s organisation in relation to design work on terminal instrument flight procedures carried on under the designer’s procedure design certificate meets the standards for supervisory positions set out in the Manual of Standards.

173.135 Certified designer to appoint chief designer

A certified designer must not carry on design work on a terminal instrument flight procedure under the designer’s procedure design certificate unless:

(a) the certified designer has appointed a person to be the chief designer for the designer’s organisation; and

(b) the appointment is approved by CASA and is in force; and

(c) the functions of the chief designer are being carried out by the person or, if the chief designer is temporarily absent from duty, another person:

(i) who is appointed by the certified designer to act as chief designer; and

(ii) whose appointment is approved by CASA and is in force.

173.140 Certified designer to provide training and checking program

A certified designer must provide a training and checking program that is of an adequate standard to ensure that the employees of the designer maintain their competence and are provided with ongoing training appropriate to their duties.

173.145 Certified designer to have safety management system

(1) A certified designer must have, and put into effect, a safety management system that includes the policies, procedures, and practices necessary for managing design work on terminal instrument flight procedures carried on under the designer’s procedure design certificate.

(2) The safety management system must be in accordance with the standards set out in the Manual of Standards.

(3) The designer must keep its safety management system under review and take any necessary corrective action to ensure that it operates properly.

173.150 Certified designer to maintain reference materials

(1) A certified designer must maintain reference materials of the kinds specified in the Manual of Standards.

(2) A certified designer must keep the reference materials up‑to‑date and in a readily accessible form.

(3) Each employee of the certified designer who carries on design work on a terminal instrument flight procedure under the certified designer’s procedure design certificate must have ready access to the reference materials.

173.155 Certified designer to keep documents and records

(1) A certified designer must keep documents and records of the kinds specified in the Manual of Standards.

(2) A document or record must be retained for as long as the Manual of Standards specifies for the particular kind of document or record.

(3) The designer must, at CASA’s request, make the documents and records, or copies of them or extracts from them, available for inspection by CASA.

173.160 Certified designer to have document and record control system

(1) A certified designer must establish, and put into effect, a system for controlling documents and records relating to the terminal instrument flight procedures on which the designer carries on design work under the certified designer’s procedure design certificate, including the policies and procedures for making, amending, preserving and disposing of those documents and records.

(2) The system must be in accordance with the standards set out in the Manual of Standards.

(3) The documents and records must include the documents and records required to be kept under this Division.

Division 173.B.3—Chief designer

173.165 Approval for appointment of chief designer

(1) A certified designer must not appoint a person as chief designer unless the appointment is approved by CASA.

(2) To be appointed as chief designer, a person must, at the time of appointment, meet the standards for the chief designer for a certified designer’s organisation set out in the Manual of Standards.

173.170 Approval for appointment to act as chief designer

(1) A certified designer must not appoint a person to act as chief designer for the certified designer unless the appointment is approved by CASA.

(2) To be appointed to act as chief designer, a person must, at the time of appointment, have sufficient qualifications and experience to enable the individual to carry out the functions of the appointment properly, having regard to the nature and scope of the design work carried on by the chief designer.

173.175 Appointment likely to have adverse effect on air safety

(1) Without limiting the matters that CASA may take into account in deciding whether to approve an appointment of a person as chief designer or an appointment of a person to act as chief designer, CASA is not required to approve the appointment if the approval would be likely to have an adverse effect on the safety of air navigation.

(2) In deciding whether approval of the appointment of a person would be likely to have an adverse effect on the safety of air navigation, CASA may take into account the following:

(a) the person’s record of compliance with regulatory requirements (in Australia or elsewhere) relating to aviation safety and other transport safety;

(b) the experience of the person in aviation;

(d) any evidence held by CASA that the person has contravened:

(i) the Act or these Regulations; or

(ii) a law of another country relating to aviation safety; or

(iii) another law (of Australia or of another country) relating to transport safety.

Note: Section 30A of the Act allows the Court to make an order excluding a person from a particular aviation activity. Such an order may have the effect of precluding the approval or acceptance of an appointment while the order is in force.

173.180 Chief designer’s functions and duties

The chief designer for a certified designer’s organisation is responsible to the certified designer for the following:

(a) ensuring that any design work on the terminal instrument flight procedures that is carried on under the designer’s procedure design certificate is carried on in accordance with these Regulations;

(b) appointing persons as employees of the certified designer to carry on design work on terminal instrument flight procedures under the designer’s procedure design certificate;

(d) issuing certificates as required by regulation 173.100.

173.185 Duration of approval

(1) An approval under regulation 173.165 or 173.170 stops being in force if:

(a) the appointment to which it relates ends; or

(b) it is withdrawn.

(2) An approval is not in force during any period in which it is suspended.

173.190 Withdrawal or suspension of approval of appointment

(1) CASA may, by notice in writing to a person appointed as the chief designer, or to act as the chief designer, for a certified designer’s organisation, withdraw or suspend approval of the person’s appointment if continuing approval of the appointment would be likely to have an adverse effect on the safety of air navigation.

(2) In deciding whether continuing approval of a person’s appointment would be likely to have an adverse effect on the safety of air navigation, CASA may take into account the matters mentioned in subregulation 173.175(2).

(3) The notice:

(a) must set out the reasons for the withdrawal or suspension; and

(b) in the case of a suspension, must specify the period of suspension or state when, or in what circumstances, it will end.

(4) CASA must give a copy of the notice to the certified designer.

(5) If CASA suspends approval of a person’s appointment, the person must not carry out the functions of the appointment during the period of the suspension.

(6) If CASA withdraws approval of a person’s appointment:

(a) for the purposes of these Regulations, the appointment is taken to end; and

(b) the person must not continue to carry out the functions of the position to which the appointment relates.

Division 173.B.4—Miscellaneous

173.195 Advice on organisational changes

A certified designer must tell CASA, in writing, of a change of circumstances that materially affects its capacity to design a terminal instrument flight procedure under the designer’s procedure design certificate, or engage in any design work on that procedure, within 7 days after the change occurs.

173.200 Discontinuing design work on terminal instrument flight procedures of a particular type

(1) If a certified designer ceases to carry on design work on terminal instrument flight procedures of a particular type, the certified designer must give written notice to that effect to CASA, and, if any of the procedures are published in the AIP, the AIS, within 7 days after ceasing to carry on the design work concerned.

(2) Subregulation (1) does not apply if, having regard to the certified designer’s circumstances, it is not reasonably practicable for the designer to give CASA or, if applicable, the AIS, at least 7 days notice and the notice is given as soon as is reasonably practicable.

173.205 Notifying the AIS of a variation to a procedure design certificate

If a certified designer’s procedure design certificate is varied under Subpart 173.E to exclude a particular type of terminal instrument flight procedure and the designer has given any procedures of that type to the AIS for publication in the AIP, the designer must give written notice to the AIS of the variation within 7 days after the day when the variation takes effect.

173.210 Discontinuing maintenance of particular terminal instrument flight procedures

(1) If a certified designer ceases to be responsible for the maintenance of a terminal instrument flight procedure, the certified designer must give written notice to that effect to CASA and, if the procedure is published in the AIP, to the AIS, within 7 days after ceasing to have that responsibility.

(2) Subregulation (1) does not apply if, having regard to the certified designer’s circumstances, it is not reasonably practicable for the designer to give CASA at least 7 days notice and the notice is given as soon as is reasonably practicable.

173.215 Transfer of maintenance responsibility

(1) A certified designer may transfer the designer’s responsibility for maintaining a terminal instrument flight procedure under regulation 173.110 to another certified designer whose procedure design certificate authorises that designer to design terminal instrument flight procedures of the same type as the procedure concerned.

(2) If a certified designer accepts responsibility for the maintenance of a terminal instrument flight procedure under this regulation, the designer:

(a) must give written notice to the transferor to that effect; and

(b) must give written notice of the transfer to CASA and, if the procedure is published in the AIP, to the AIS, within 14 days after the transfer.

(3) A transfer takes effect on the day when the certified designer accepting responsibility for maintaining the procedure gives notice to the transferor under paragraph (2)(a) or, if a later day is specified in the notice, on the later day.

(4) If a certified designer transfers the designer’s responsibility for maintaining a terminal instrument flight procedure, the designer must give written notice of the transfer to CASA and, if the procedure is published in the AIP, to the AIS, within 14 days after the transfer.

Subpart 173.C—Authorised designers

Division 173.C.1—Authorisation as authorised designer

Note: In addition to the provisions of this Division, Part 11 contains provisions relating to an application for the grant of a procedure design authorisation.

173.220 Applications for procedure design authorisations

(1) A person may apply to CASA, in writing, for a procedure design authorisation.

(2) The application:

(b) must state:

(i) the applicant’s name and address; or

(i) a written statement specifying the activity mentioned in subparagraph 173.030(b)(i) or (ii) that is proposed to be authorised under the authorisation, including specifying the type or each type of terminal instrument flight procedure proposed to be covered by the authorisation; and

(ii) a written statement setting out the qualifications and relevant experience of each member of the applicant’s personnel whose duties would, if the authorisation were granted to the applicant, include carrying on the design work concerned; and

(d) must be accompanied by a copy of the operations manual under which the applicant proposes to carry on that activity.

Note: Part 11 also contains provisions relating to an application for a procedure design authorisation.

173.225 Criteria for grant of procedure design authorisations

For regulation 173.335, a person who has applied for the grant of a procedure design authorisation must, if the authorisation is granted, be able to comply with the requirements of Division 173.C.2.

173.240 How long procedure design authorisations remain in force

A procedure design authorisation remains in force unless it is cancelled.

173.245 Applications to vary procedure design authorisations

An application to vary a procedure design authorisation must contain, or have with it, a copy of the proposed variation.

Division 173.C.2—Requirements to be complied with by authorised designers

173.250 Operations manual

(1) An authorised designer must, at all times, maintain an operations manual that meets the standards set out in the Manual of Standards.

(2) An authorised designer:

(a) must keep the manual in a readily accessible form; and

(b) must ensure that each employee of the designer whose duties include carrying on design work authorised by the designer’s procedure design authorisation has ready access to the manual; and

(3) An authorised designer must ensure:

(a) that all amendments of the manual are incorporated in all copies of the manual kept by the designer; and

(b) that copies of the amendments are given to CASA.

173.255 Compliance with operations manual

An authorised designer must, in carrying on the activity authorised by the designer’s procedure design authorisation, comply with the designer’s operations manual.

173.260 Standards for design of terminal instrument flight procedures etc

(1) An authorised designer designing a terminal instrument flight procedure under the authorised designer’s procedure design authorisation must ensure that the procedure is designed in accordance with:

(a) any applicable standards set out or referred to in ICAO Doc. 8168 (PANS‑OPS); and

(b) any applicable standards set out in the Manual of Standards.

(2) If, apart from this subregulation, an authorised designer would be required to ensure that a terminal instrument flight procedure is designed in accordance with a standard set out or referred to in the ICAO Doc. 8168 (PANS‑OPS) and a standard set out in the Manual of Standards, and it is not possible to comply with both standards, the designer is only required to ensure that the procedure is designed in accordance with the Manual of Standards.

173.265 Off‑shore installations

(1) This regulation applies to an authorised designer who is authorised to carry on the activity mentioned in subparagraph 173.030(b)(ii).

(2) The authorised designer must ensure that a copy of each terminal instrument flight procedure designed under the designer’s procedure design authorisation is given to CASA.

(3) The authorised designer must ensure that a terminal instrument flight procedure designed under the designer’s procedure design authorisation does not require the use of a ground‑based radio‑navigation aid other than one that is operated and maintained by a person certificated to do so under Part 171.

173.270 Maintenance of terminal instrument flight procedures

(1) Subject to subregulation (2), an authorised designer is responsible for maintaining, in accordance with the standards for the maintenance of terminal instrument flight procedures set out in the Manual of Standards, a terminal instrument flight procedure designed under the designer’s procedure design authorisation or a terminal instrument flight procedure for which that responsibility is transferred to the authorised designer under regulation 173.305.

(2) The authorised designer ceases to be responsible for the maintenance of the procedure:

(a) if the authorised designer has notified CASA, under regulation 173.300, that the designer has ceased to have that responsibility:

(i) on the day when the notice is given; or

(ii) if a later day is specified in the notice—on the later day; or

(b) if the authorised designer’s responsibility for the maintenance of the procedure is transferred to a certified designer or another authorised designer under regulation 173.305—on the day when the responsibility is transferred; or

(c) if the authorised designer has notified CASA, under regulation 173.295, that the designer has ceased to design the type of terminal instrument flight procedure concerned:

(i) on the day when the notice is given; or

(ii) if a later day is specified in the notice—on the later day; or

(d) if the authorised designer’s procedure design authorisation is varied under Subpart 173.E to exclude that type of procedure—on the day when the authorisation is varied; or

(e) if the authorised designer ceases to be an authorised designer—on the day when the designer ceases to be an authorised designer.

173.275 Authorised designer to have sufficient personnel

An authorised designer:

(a) must employ a sufficient number of personnel to enable the designer to carry on the activity authorised by the designer’s procedure design authorisation in accordance with these Regulations; and

(b) must ensure that those personnel:

(i) are suitably qualified and competent to perform their duties; and

(ii) are trained in accordance with the Manual of Standards and the designer’s operations manual.

173.280 Authorised designer to maintain reference materials

(1) An authorised designer must maintain reference materials of the kinds specified in the Manual of Standards.

(2) An authorised designer must keep the reference materials up‑to‑date and in a readily accessible form.

(3) Each employee of the authorised designer whose duties include carrying on design work that is authorised under the designer’s procedure design authorisation must have ready access to the reference materials.

173.285 Authorised designer to keep documents and records

(1) An authorised designer must keep documents and records of the kinds specified in the Manual of Standards.

(2) A document or record must be retained for as long as the Manual of Standards specifies for the particular kind of document or record.

(3) The designer must, at CASA’s request, make the documents and records, or copies of them or extracts from them, available for inspection by CASA.

173.290 Authorised designer to have document and record control system

(1) An authorised designer must establish, and put into effect, a system for controlling documents and records relating to the activity authorised under the authorised designer’s procedure design authorisation, including the policies and procedures for making, amending, preserving and disposing of those documents and records.

(2) The system must be in accordance with the standards set out in the Manual of Standards.

(3) The documents and records must include the documents and records required to be kept under this Division.

Division 173.C.3—Miscellaneous

173.295 Discontinuing design work on terminal instrument flight of a particular type

(1) If an authorised designer ceases to carry on design work on terminal instrument flight procedures of a particular type, the authorised designer must give written notice to CASA to that effect within 7 days after ceasing to carry on the design work concerned.

(2) Subregulation (1) does not apply if, having regard to the authorised designer’s circumstances, it is not reasonably practicable for the designer to give CASA at least 7 days notice and the notice is given as soon as is reasonably practicable.

173.300 Discontinuing maintenance of terminal instrument flight procedures

(1) If an authorised designer ceases to be responsible for the maintenance of a terminal instrument flight procedure, the authorised designer must give written notice to CASA to that effect within 7 days after ceasing to have that responsibility.

173.305 Transfer of maintenance responsibility

(1) An authorised designer may transfer the designer’s responsibility for maintaining a terminal instrument flight procedure under regulation 173.270:

(a) to a certified designer whose procedure design certificate authorises that designer to design terminal instrument flight procedures of the same type as the procedure concerned; or

(b) to another authorised designer whose procedure design authorisation authorises that designer to design such a terminal instrument flight procedure.

(2) If a certified designer or an authorised designer accepts responsibility for the maintenance of a terminal instrument flight procedure under this regulation, the designer:

(a) must give written notice to the transferor to that effect; and

(b) must give written notice of the transfer to CASA within 14 days after the transfer.

(3) A transfer takes effect on the day when the certified designer or authorised designer accepting responsibility for maintaining the procedure gives notice to the transferor under subregulation (2) or, if a later day is specified in the notice, on the later day.

(4) If an authorised designer transfers the designer’s responsibility for maintaining a terminal instrument flight procedure, the designer must give written notice of the transfer to CASA within 14 days after the transfer.

Subpart 173.D—Performance of design work

173.310 Certified designer not to exceed the limitations of the designer’s procedure design certificate

A certified designer must not carry on design work on a terminal instrument flight procedure that is not of a type covered by the designer’s procedure design certificate.

173.315 Authorised designer not to exceed the limitations of authorisation

A authorised designer must not carry on an activity mentioned in paragraph 173.030(b)(i) or (ii) unless that activity is authorised by the designer’s procedure design authorisation.

Subpart 173.E—Administration

Division 173.E.1—Grant of procedure design certificates and procedure design authorisations

Note: In addition to the provisions of this Division, Part 11 contains provisions relating to the grant of a procedure design certificate or procedure design authorisation.

173.330 CASA may require demonstrations of equipment etc

Regulation 11.045 applies in relation to a procedure design certificate or procedure design authorisation.

173.335 Grant of procedure design certificate or procedure design authorisation

Subject to regulation 11.055, if an applicant has applied for the grant of a procedure design certificate or procedure design authorisation under this Part, CASA must grant the certificate or authorisation.

Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:

(a) a decision refusing to issue or grant, or cancelling, suspending or varying, a certificate or authorisation; or

(b) a decision imposing a condition on a certificate or authorisation.