Document ID: chunk:federal_register_of_legislation:F2023C00716:body:0:p3
Version: federal_register_of_legislation:F2023C00716
Segment Type: other
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Character Range: 6447–9851

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 following registration on the Federal Register of Legislative Instruments and it must be tabled in both Houses of Parliament within six sitting days from when it was registered and is subject to scrutiny and disallowance by Parliament.

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.

1.1.2.6                Service providers must document internal actions (Rules) in their own operational manuals, to ensure the maintenance of and compliance with standards.

1.1.2.7                ACs are intended to provide recommendations and guidance to illustrate a means, but not necessarily the only means of complying with the Regulations. ACs may explain certain regulatory requirements by providing interpretive and explanatory materials. It is expected that service providers will document internal actions in their own operational manuals, to put into effect those, or similarly adequate, practices.

1.1.3                     Differences between ICAO Standards and those in MOS

1.1.3.1                Notwithstanding the above, where there is a difference between a standard prescribed in ICAO documents and the Manual of Standards (MOS), the MOS standard shall prevail.

1.1.3.2                To meet the ICAO convention, the hierarchy for an authority to act in a licensed ATS operational function (i.e. Air Traffic Control or Flight Service) is based on:

(a)          the issue of a Licence for that purpose; and

(b)          the issue of a Rating under the Licence, defining the generic functions in terms of the ICAO operational categories.

1.1.4                     ICAO Rating Categories

1.1.4.1                The operational rating categories defined by ICAO are:

(a)          Aerodrome Control Rating;

(b)          Approach Control Rating;

(c)           Approach Radar Control Rating;

(d)          Approach Precision Radar Control Rating;

(e)          Area Control Rating; and

(f)            Area Radar Control Rating.

Note: The Approach Precision Radar Control Rating is not relevant in the Australian context.

1.1.5                     Australian Requirements

1.1.5.1                To meet Australian operational needs, the hierarchy for an authority to act in a licensed ATS operational function has been identified as:

(a)          meeting the ICAO requirement for a Licence; and

(b)          meeting the ICAO requirement for Ratings; and

(c)           the issue of an Endorsement or Endorsements under one or more Ratings held, to perform activities within specific portions of airspace, or relating to specific operating positions or discrete functions; and

(d)          the issue of ATS-specific Qualifications to authorise other particular responsibilities (as necessary and appropriate).

1.1.5.2                This document establishes and defines a firm hierarchy of licence/rating/ endorsement/qualification which meets contemporary Australian requirements.

1.1.6                     Differences Published in AIP

1.1.6.1                Differences from