Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:5:p92
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 5 (pt 92/117)
Character Range: 3746760–3749679

an offence of strict liability.

175.325  Data service providers—notifying CASA of changes in circumstances
 (1) A data service provider commits an offence if:
 (a) a change of circumstance occurs which significantly affects the provider's ability to conduct its authorised data service activities; and
 (b) the provider does not give CASA written notice of the change of circumstance within 7 days after the change occurs.
Penalty: 50 penalty units.
 (2) An offence against this regulation is an offence of strict liability.

175.330  Data service providers—notifying CASA of intention to cease activities
 (1) A data service provider commits an offence if:
 (a) the provider ceases to conduct an authorised data service activity; and
 (b) the provider did not, at least 2 months before ceasing to conduct the activity, give CASA written notice of the following:
 (i) the provider's intention to cease conducting the activity;
 (ii) the date on which the provider intended to cease conducting the activity.
Penalty: 50 penalty units.
 (2) An offence against this regulation is an offence of strict liability.

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

175.335  Data service providers—standards for data service provision
 (1) A data service provider commits an offence if:
 (a) the provider publishes or supplies aeronautical data or aeronautical information in conducting a data service activity; and
 (b) the data or information does not meet the requirement mentioned in subregulation (2).
Penalty: 50 penalty units.
 (2) For paragraph (1)(b), the data or information must be the same as the data or information published in the following:
 (a) the AIP;
 (b) an AIP Amendment;
 (c) an AIP Supplement;
 (d) a permanent NOTAM;
 (e) an aeronautical chart published by an AIS provider;
 (f) an aeronautical chart mentioned in subregulation 175.270(3) published by an aerodrome operator.
 (3) A data service provider commits an offence if the provider contravenes a provision of the Part 175 Manual of Standards.
Penalty: 50 penalty units.
 (4) A data service provider commits an offence if:
 (a) the provider processes aeronautical data or aeronautical information; and
 (b) the provider does so other than in accordance with the aeronautical data processing standards.
Penalty: 50 penalty units.
 (5) Subregulation (4) does not apply in relation to a particular matter if:
 (a) 2 standards mentioned in the Part 175 Manual of Standards and the aeronautical data processing standards apply in relation to the matter; and
 (b) it is not possible for the provider to comply with both standards in relation to the matter.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (5): see subsection 13.3(3) of the Criminal Code.
 (6) A data service provider commits an offence if:
 (a) a circumstance mentioned in subregulation (5) arises; and
 (b)