Document ID: chunk:federal_register_of_legislation:F2024C01244:front:0:p12
Version: federal_register_of_legislation:F2024C01244
Segment Type: other
Provision Reference: 
Character Range: 58982–61728

reference to the operator's intention as reasonably deduced or inferred from the following:

(a) the operator's expressed intention (if any);

(b) the nature and factual circumstances of the matter, whether or not any intention is expressed.

       (2) In this instrument, unless the contrary intention appears, a reference to a matter or a thing that is nominated means nominated by an aerodrome operator, and the nomination of the matter or thing must be recorded in the aerodrome manual.

       (3) In this instrument, unless the contrary intention appears, a reference (however formulated) in a provision or a Table to a matter, thing or value that is preferred means that, as far as practicable, the use of the matter, thing or value is required in priority to another matter, thing or value expressed in the provision or Table, or in a related provision or Table, although the other matter, thing or value expressed must be used or observed if the preferred matter, thing or value is not used because it is impracticable to do so.

Note   The preferred outcome is mandated, but if it is impracticable, the prescribed lesser option must still be complied with.

       (4) For subsection (3), if the preferred matter, thing or value is not complied with, the aerodrome manual must contain:

(a) a statement to that effect; and

(b) the reasons for non-compliance; and

(c) the alternative matter, thing or value that is complied with.

Note   See also paragraph 11.01 (3) (d).

       (5) In this instrument, unless the contrary intention appears:

(a) where a maximum value is mentioned for something — that value must not be exceeded; and

(b) where a minimum value is mentioned for something — at least that value must be achieved.

       (6) Unless the contrary intention appears, if a Note at the end of a provision states that some matter "should" be the case, the Note is to be read as a CASA recommendation but without affecting the meaning of the relevant provision.

Note   CASA recommendations are usually expressly identified as such. Other uses of the word "should" in a Note are usually for the purpose of assisting readers to understand the meaning of the related provision.

1.09 Table of Contents

        The Table of Contents at the front of this MOS is not part of this instrument. It is for guidance only and may be modified or edited in any published version of this instrument.

CHAPTER 1  PRELIMINARY

Division 2 Empowerments

1.10 General power to make a Part 139 Manual of Standards

        This MOS and all of its provisions are made under the powers conferred on CASA by regulation 139.005 of CASR.

1.11 Specific regulations for which MOS provisions have been made

        Aerodrome manuals

       (1)