Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:5:p95
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 5 (pt 95/117)
Character Range: 3754705–3757837

omission as soon as practicable after identifying the error or omission.
Penalty: 50 penalty units.

175.365  Data service providers—storage and security of aeronautical data and aeronautical information
 (1) A data service provider commits an offence if aeronautical data or aeronautical information necessary for its authorised data service activities:
 (a) is not stored digitally; or
 (b) is not kept secure to prevent unauthorised access or alteration.
Penalty: 50 penalty units.
 (2) An offence against this regulation is an offence of strict liability.

175.370  Data service providers—effective dates and validity of aeronautical data, information and charts
 (1) A data service provider commits an offence if:
 (a) the provider publishes or supplies aeronautical data, aeronautical information or an aeronautical chart in conducting a data service activity; and
 (b) the data, information or chart does not become effective on the same date, or remain valid for the same period, as the corresponding data, information or chart contained in the following:
 (i) the AIP;
 (ii) an AIP Amendment;
 (iii) an AIP Supplement;
 (iv) a permanent NOTAM;
 (v) an aeronautical chart published by an AIS provider;
 (vi) an aeronautical chart mentioned in subregulation 175.270(3) published by an aerodrome operator.
Penalty: 50 penalty units.
 (2) Subregulation (1) does not apply if:
 (a) the corresponding data, information or chart was:
 (i) published by an AIS provider in contravention of subregulation 175.185(1); or
 (ii) distributed by an AIS provider in contravention of subregulation 175.185(2) or (3); and
 (b) the data service provider publishes or supplies the data, information or chart by the next effective AIRAC date following the publication or distribution of the corresponding data, information or chart.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (2): see subsection 13.3(3) of the Criminal Code.
 (3) An offence against this regulation is an offence of strict liability.

175.375  Data service providers—compliance with licence agreement with AIS providers
  A data service provider commits an offence if the provider contravenes a provision of a licence agreement, mentioned in regulation 175.190, entered into by the provider.
Penalty: 50 penalty units.

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

175.380  Data service providers—exposition
 (1) The exposition of a data service provider must contain the following:
 (a) the provider's name (including any operating or trading name), address, contact details and ABN (if any);
 (b) the location and address of:
 (i) the provider's operational headquarters; and
 (ii) each of the provider's operational facilities;
 (c) the name of the provider's accountable manager;
 (d) a description and diagram of the provider's organisational structure showing formal reporting lines;
 (e) if the provider is a corporation—a description of the provider's corporate structure;
 (f) for each operational position, including each operational supervisory position, within the organisational structure:
 (i)