Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:5:p38
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 5 (pt 38/117)
Character Range: 3600996–3603709

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 liability, see section 6.1 of the Criminal Code.

172.022  Issue of Manual of Standards
 (1) CASA may issue a Manual of Standards for this Part that provides for the following matters:
 (a) standards, including procedures, systems and documents used to provide an air traffic service;
 (b) standards for facilities and equipment used to provide an air traffic service;
 (c) standards for the training and checking of an ATS provider's personnel;
 (d) any matter required or permitted by these Regulations to be provided for by the Manual of Standards;
 (e) any matter necessary or convenient to be provided for the effective operation of this Part.
Note: A Manual of Standards is a legislative instrument—see subsections 98(5A) and (5B) of the Act. It must be registered in accordance with the Legislation Act 2003 and must be tabled in both Houses of the Parliament within 6 sitting days after its making.
 (2) CASA must give a copy of a notice about a Manual of Standards for this Part (being a notice referred to in subregulation 11.275(3) or regulation 11.280) to each ATS provider.
Note: Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS.
Subpart 172.B—Approval as an ATS provider

172.024  Applicant for approval as ATS provider
  A person is eligible to apply for approval as an ATS provider if the person is any of the following:
 (a) the Commonwealth;
 (b) AA;
 (c) a person who is to provide an air traffic service:
 (i) in cooperation with AA, in accordance with paragraph 11(3)(b) of the Air Services Act 1995; or
 (ii) by arrangement with AA, in accordance with paragraph 11(3)(c) of the Air Services Act 1995.

172.030  When applicant is eligible for approval
  For Subpart 172.F, an applicant is eligible to become an ATS provider if the applicant is able to comply with the requirements of Subparts 172.C and 172.D or will be able to do so if the applicant is approved.

172.055  Variation of approvals
 (1) If an ATS provider wants to vary its approval, it must apply to CASA, under Subpart 172.F, for that purpose.
 (2) The application must contain, or have with it, a copy of the proposed variation.
Subpart 172.C—Requirements to be complied with by ATS providers

Division 172.C.1—Operations manual

172.060  Operations manual
 (1) An ATS provider must, at all times, maintain an operations manual that complies with the standards set out in the Manual of Standards.
. (2) The