Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:5:p89
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 5 (pt 89/117)
Character Range: 3738769–3741685

the person conducts a data service activity; and
 (b) the person does not hold a certificate under regulation 175.295 that authorises the person to conduct the activity.
Penalty: 50 penalty units.
 (2) Subregulation (1) does not apply to an AIS provider publishing aeronautical data, aeronautical information or an aeronautical chart in the course of providing an AIS.
 (3) Subregulation (1) does not apply to an aerodrome operator publishing one of the following charts, as mentioned in Annex 4 to the Chicago Convention:
 (a) an Aerodrome Obstacle Chart—ICAO Type A;
 (b) an Aerodrome Obstacle Chart—ICAO Type B;
 (c) an Aerodrome Terrain and Obstacle Chart—ICAO (Electronic);
 (d) a Precision Approach Terrain Chart—ICAO.
 (4) Subregulation (1) does not apply to a person who supplies navigation equipment or a navigation system containing aeronautical data in a database, if the database has been supplied to the person by a third party for use in the equipment or system.
Note: A defendant bears an evidential burden in relation to the matters in subregulations (2), (3) and (4): see subsection 13.3(3) of the Criminal Code.
 (5) An offence against this regulation is an offence of strict liability.

175.275  CASA to publish list of data service providers
 (1) CASA must publish a list of:
 (a) data service providers; and
 (b) the matters mentioned in subregulation 175.295(2) for each of the data service providers.
 (2) CASA must keep the list up‑to‑date.

Division 175.C.2—Data service provider certificates

175.280  Data service provider certificates—who may apply
 (1) A person may apply to CASA, in writing, for a certificate authorising the person to conduct a data service activity.
 (2) However, an application cannot be made:
 (a) by 2 or more persons jointly; or
 (b) on behalf of a partnership.

175.285  Data service provider certificates—requirements for application
 (1) An application under regulation 175.280 must include the following:
 (a) the applicant's name (including any operating or trading name), contact details and ABN (if any);
 (b) if the address of the applicant's operational headquarters is different from its mailing address—the address of its operational headquarters;
 (c) if the applicant is a corporation—the name of each of the officers of the corporation;
 (d) if the applicant is a corporation registered in Australia that has an ACN—its ACN and the address of its registered office;
 (e) if the applicant is a corporation not registered in Australia—the place it was incorporated or formed;
 (f) a description of the data service activities the applicant proposes to conduct;
 (g) the area of coverage of the aeronautical data, aeronautical information or aeronautical charts covered by the activities;
 (h) a written undertaking from the person appointed, or proposed to be appointed, as the applicant's accountable manager that, if CASA issues the certificate, the