Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p54
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 54/70)
Character Range: 3256659–3259434

is a condition of the aerodrome certificate that an aerodrome ground surveillance system operate in relation to the aerodrome; and
 (b) a requirement mentioned in subregulation (1) applies in relation to the aerodrome ground surveillance system; and
 (c) the requirement is not met.
 (4) A person commits an offence of strict liability if the person contravenes subregulation (3).
Penalty: 25 penalty units.

Division 139.C.7—Other matters

139.135  Access to aerodromes to conduct tests
 (1) The operator of a certified aerodrome must allow CASA to conduct tests of aerodrome facilities and equipment for the aerodrome, 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, any aerodrome facilities and equipment for the aerodrome or any of the operator's records relating to the aerodrome 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) The operation of regulation 305 of CAR is not limited by subregulation (1) or (2) of this regulation.

139.140  Requests for data from aerodrome operator
 (1) CASA may, by written notice given to the operator of a certified aerodrome, request the operator to provide aircraft movement data of a kind prescribed by the Part 139 Manual of Standards for the purposes of this subregulation.
 (2) Without limiting subregulation (1), the Part 139 Manual of Standards may prescribe data relating to the following:
 (a) the number of aircraft using the aerodrome;
 (b) the type of aircraft using the aerodrome.
 (3) A person contravenes this subregulation if:
 (a) CASA gives the person a request under subregulation (1); and
 (b) the person does not comply with the request within the period mentioned in subregulation (4).
 (4) The person must comply with the request within:
 (a) if paragraph (b) does not apply—28 days after the request is given; or
 (b) if CASA specifies a longer period in the request—that period.
 (5) Subregulation (3) does not apply if:
 (a) the person does not possess the data requested; and
 (b) the person has taken all reasonable steps available to the person to obtain the data requested and has been unable to obtain the data.
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 person commits an offence of strict liability if the person contravenes subregulation (3).
Penalty: 10 penalty units.

139.145  Requests for data from ATS providers
 (1) CASA may, by written notice given to an ATS provider, request the ATS provider to provide aircraft movement data of