Document ID: chunk:federal_register_of_legislation:F2008C00128:front:0:p4
Version: federal_register_of_legislation:F2008C00128
Segment Type: other
Provision Reference: 
Character Range: 15534–18600

Organisation (ICAO) Standards and Recommended Practices (SARPs), especially those stated in ICAO Annex 14, Chapter 9.2.1.

1.1.1.2              Where there is a difference between a standard prescribed in SARPs and a standard prescribed in the Manual of Standards (MOS), the MOS standard prevails.

1.1.1.3              Subpart 139.H of the Civil Aviation Safety Regulations 1998 (CASRs) sets out general standards with which an ARFFS must comply. The MOS sets out the detailed requirements, as authorised by the CASRs.

      1.1.2                   Document Set

1.1.2.1              The document hierarchy consists of:
(a)         the relevant CASRs; and;
(b)         the MOS; and
(c)          Advisory Circulars (ACs).

1.1.2.2              The regulatory documents establish, for service providers, a comprehensive description of system requirements and the means of meeting them.

1.1.2.3              CASRs establish the regulatory framework (Regulations) within which all service providers must operate.

1.1.2.4              The MOS comprises specifications (Standards) prescribed by CASA, of uniform application, determined to be necessary for the safety of air navigation. In those parts of the MOS where it is necessary to establish the context of standards to assist in their comprehension, the sense of parent regulations has been reiterated. The MOS is a disallowable instrument. This means that it is a legislative instrument that becomes effective on publication in the Government Gazette and it must be tabled in Parliament within fifteen sitting days from when it was made and is subject to scrutiny and disallowance by Parliament.

Note: The Legislative Instruments Act 2003 (LIA), which came into operation on 1 January 2005, replaces the regime referred to in paragraph 1.1.2.4. Upon the commencement of that Act, the MOS will be regarded as a legislative instrument under section 5 of the LIA. Different rules will apply in relation to tabling; publication in the Gazette will be replaced by registration in the Federal Register of Legislative Instruments).
 Under section 5 of the LIA:
 A legislative instrument is an instrument in writing:

          * that is of a legislative character; and

          * that is or was made in the exercise of a power delegated by the Parliament.

 An instrument is taken to be of a legislative character if:

          * it determines the law or alters the content of the law, rather than applying the law in a particular case; and

          * it has the direct or indirect effect of affecting a privilege or interest, imposing an obligation, creating a right, or varying or removing an obligation or right.

1.1.2.5              Readers should understand that in the circumstance of any perceived disparity of meaning between MOS and CASRs, primacy of intent rests with the regulations. Where there is any inconsistency between the regulations and the MOS, the regulations prevail.

1.1.2.7              Service providers and operators must document internal actions (Rules) in their own operational