Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:5:p93
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 5 (pt 93/117)
Character Range: 3749427–3752404

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) the provider does not, as soon as practicable after the circumstance arises, give CASA written notice of the circumstance.
Penalty: 50 penalty units.

175.340  Data service providers—compliance with exposition
 (1) A data service provider commits an offence if the provider contravenes a provision of its exposition.
Penalty: 50 penalty units.
 (2) An offence against this regulation is an offence of strict liability.

175.345  Data service providers—standards for aeronautical data processing system
 (1) A data service provider commits an offence if the provider does not meet a requirement mentioned in subregulation (2).
Penalty: 50 penalty units.
 (2) For subregulation (1), the requirements are the following:
 (a) the provider must have an automated system for the processing of aeronautical data and aeronautical information as part of conducting its authorised data service activities;
 (b) the provider must update the data in the system as necessary.
 (3) A data service provider commits an offence if:
 (a) the provider has a system mentioned in paragraph (2)(a); but
 (b) the system does not:
 (i) allow the digital exchange and supply of aeronautical data and aeronautical information; or
 (ii) provide the data and information in a format suitable for its intended use.
Penalty: 50 penalty units.

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
 (1) If satisfied that it is necessary in the interests of aviation safety, CASA may, by written notice given to a data service provider, direct the provider to add to, amend, or remove any aeronautical data or aeronautical information that the provider publishes or supplies in conducting a data service activity.
 (2) A direction under this regulation must state the time within which the direction must be complied with.
 (3) The provider commits an offence if the provider does not comply with the direction within the time stated in the direction.
Penalty: 50 penalty units.
 (4) An offence against this regulation is an offence of strict liability.

175.355  Data service providers—integrity of aeronautical data and aeronautical information
 (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 provider has not verified the matters mentioned in subregulation (2).
Penalty: 50 penalty units.
 (2) For paragraph (1)(b), the matters are the following:
 (a) that the data or information was not altered from the source data while in storage or transit or while