Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:5:p37
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 5 (pt 37/117)
Character Range: 3598343–3601236

may require demonstrations of procedures or equipment
172.260 When CASA must approve an applicant
172.265 When decision must be made
172.270 Conditions

Division 172.F.4—Directions to amend provider's operations manual
172.300 CASA may direct amendments to provider's operations manual

Division 172.F.5—Suspension and cancellation of approvals
172.305 Definition for this Division
172.310 Suspension of approval by show cause notice
172.315 Grounds for cancellation of approval
172.320 Notice to show cause
172.325 Cancellation of approval after show cause notice
172.327 Cancellation if cooperation or arrangement ceases
Subpart 172.A—General

172.005  Applicability of this Part
 (1) This Part:
 (a) applies to a person that wants to become, or is, an ATS provider; and
 (b) sets out certain administrative rules applying to CASA in its administration of this Part.
 (2) However, this Part does not apply to:
 (a) a person who is providing an air traffic service in the course of his or her duties for the Defence Force; or
 (b) any air traffic service provided by the Defence Force.

172.010  Definitions for this Part
  In this Part:
airspace authority means:
 (a) the body having the responsibility for making determinations under regulation 5, declarations under regulation 6 and designations under regulation 8 of the Airspace Regulations 2007; or
 (b) if another body is given that responsibility under other regulations having the same or similar effect—that body.
air traffic service means an air traffic service of a kind mentioned in Annex 11, other than a certified air/ground radio service at an aerodrome.
Annex 10 means Annex 10 to the Chicago Convention.
Annex 11 means Annex 11 to the Chicago Convention.
ICAO Doc. 4444 means Doc. 4444‑RAC/501 (Procedures for Air Navigation Services – Rules of the Air and Air Traffic Services) approved and published by decision of the Council of the International Civil Aviation Organisation, as in force from time to time.
ICAO Doc. 7030 means Doc. 7030 (Regional Supplementary Procedures) approved and published by decision of the Council of the International Civil Aviation Organisation, as in force from time to time.
Manual of Standards means the document called 'Manual of Standards (MOS) – Part 172' issued by CASA under regulation 172.022, as in force from time to time.
provider's operations manual, in relation to an ATS provider, means the manual maintained by the provider under regulation 172.060.

172.015  What is an ATS provider
  An ATS provider is a person approved, under Subpart 172.F, to provide the air traffic services that are covered by the approval.

172.020  Providing air traffic service without approval
 (1) A person that is not an ATS provider must not provide an air traffic service.
Penalty: 50 penalty units.
 (2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict