Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:5:p90
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 5 (pt 90/117)
Character Range: 3741409–3744484

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 applicant will:
 (i) be capable of operating in accordance with its exposition and this Subpart; and
 (ii) operate in accordance with its exposition and this Subpart.
 (2) The application must be accompanied by a copy of the applicant's proposed exposition.

175.290  Data service provider certificates—CASA may ask for demonstration of service, facility or equipment
  Regulation 11.045 applies in relation to a certificate under regulation 175.295.

175.295  Data service provider certificates—issue of certificate
 (1) Subject to regulation 11.055, CASA must issue a certificate to an applicant if satisfied that:
 (a) the applicant's proposed exposition complies with regulation 175.380; and
 (b) the individual named in the applicant's exposition as the applicant's accountable manager:
 (i) has the authority to carry out the responsibilities of the position; and
 (ii) has an understanding of this Part and the applicant's exposition; and
 (c) the applicant is able and willing to conduct the data service activities mentioned in the application safely and in accordance with its exposition and this Subpart.
 (2) If CASA decides to issue the certificate, CASA must determine:
 (a) the data service activities the applicant is authorised to conduct; and
 (b) the area of coverage of the aeronautical data, aeronautical information or aeronautical charts covered by the activities.
 (3) The certificate must include the following:
 (a) the applicant's name and operational headquarters;
 (b) the matters mentioned in subregulation (2);
 (c) a certificate reference number determined by CASA.
 (4) CASA must issue a new certificate to a data service provider if CASA:
 (a) approves a change under subregulation 175.310(4); or
 (b) directs a change under regulation 175.320 that causes the certificate to contain anything that is not, or is no longer, correct.

175.300  Data service provider certificates—approval of exposition
  If CASA issues the certificate to the applicant, CASA is taken to have also approved the applicant's proposed exposition.

175.305  Data service provider certificates—conditions
 (1) It is a condition of a certificate issued to a data service provider that the provider must comply with:
 (a) this Subpart; and
 (b) any direction given to the provider, or obligation imposed on the provider, by CASA under a provision of these Regulations.
 (2) A data service provider commits an offence if the provider contravenes the condition mentioned in subregulation (1).
Penalty: 50 penalty units.
 (3) An offence against this regulation is an offence of strict liability.

Division 175.C.3—Data service providers—changes

175.310  Data service providers—changes to authorised data service activities—matters included in certificate
 (1) A data service provider commits an