Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:22:p22
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 22 (pt 22/70)
Character Range: 4120518–4123256

granted for the purposes of regulation 139.160 of the new Part 139 Regulations to operate the service:
 (i) subject to any conditions in force for the certification immediately before the commencement time; and
 (ii) for the period (if any) during which the certification would otherwise have remained in force, unless the approval taken to be held is sooner suspended or cancelled; and
 (iii) subject otherwise to the new Part 139 Regulations; and
 (b) the new Part 139 Regulations otherwise apply in relation to the approval.
 (4) If, before the commencement time, a person had made an application to CASA in accordance with regulation 139.430 of the old Part 139 Regulations for certification as the operator of an air/ground radio service for an aerodrome, but CASA had not made a decision on the application immediately before that time:
 (a) CASA must (subject to regulation 11.055) grant an approval to the applicant under regulation 139.010 of the new Part 139 Regulations for the purposes of regulation 139.160 of the new Part 139 Regulations, if CASA is satisfied that the person meets the requirements for operating a certified air/ground radio service prescribed by the new Part 139 Manual of Standards as in force immediately after the commencement time; and
 (b) subregulation 11.055(1B) applies to the granting of the approval.
 (5) At and after the commencement time, a person who holds, or who is, under this regulation, taken to hold, an approval granted for the purposes of regulation 139.160 of the new Part 139 Regulations to operate an air/ground radio service for an aerodrome is taken also to be approved for the purposes of paragraph 120(1)(b) of CAR (weather reports not to be used if not made with authority).

202.704  Transitional authorisations

Scope
 (1) This regulation applies if:
 (a) an instrument (the transitional instrument) was made under these Regulations for the purposes of Part 139 or the old Part 139 Manual of Standards, or under the old Part 139 Manual of Standards, before the commencement time; and
 (b) the transitional instrument was in force immediately before the commencement time, or is expressed to commence at a later time; and
 (c) the transitional instrument would (apart from the amendments made by Schedule 1 to the Civil Aviation Safety Amendment (Part 139) Regulations 2019, and the repeal of the old Part 139 Manual of Standards) have had the effect, on or after the commencement time, of authorising or allowing a person, in particular circumstances, to do a thing in relation to an aerodrome that the person would not otherwise have been authorised or allowed to do because of Part 139 of the old Part 139 Regulations or the old Part 139 Manual of Standards.
Example: CASA