Civil Aviation Amendment Regulations 2003 (No. 2) (Cth)

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Civil Aviation Amendment Regulations 2003 (No. 2)1

Statutory Rules 2003 No. 752

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Civil Aviation Act 1988.

Dated 1 May 2003

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

WILSON TUCKEY

Minister for Regional Services, Territories and Local Government

Contents

1Name of Regulations

These Regulations are the Civil Aviation Amendment Regulations 2003 (No. 2).

2Commencement

These Regulations commence as follows:

  1. (a)

    on 1 May 2003 — regulations 1 to 4 and Schedules 1

    and 2;

  2. (b)

    on 3 May 2003 — Schedule 3.

3Amendment of Civil Aviation Safety Regulations 1998
  1. (1)

    Schedule 1 amends the Civil Aviation Safety Regulations 1998 as amended by the Civil Aviation Amendment Regulations 2002 (No. 2).

  2. (2)

    Schedule 3 amends the Civil Aviation Safety Regulations 1998.

4Amendment of Civil Aviation Regulations 1988

Schedule 2 amends the Civil Aviation Regulations 1988 as amended by the Civil Aviation Amendment Regulations 2002 (No. 2).

Schedule 1Amendments of Civil Aviation Safety Regulations 1998 commencing on 1 May 2003

(subregulation 3 (1))

  

[1]Regulation 65.000

after

65.030 How to satisfy currency requirement

insert

65.033 Issue of Manual of Standards

65.033A Notice of intention to issue Manual of Standards

65.033B Comments on draft Manual of Standards

65.033C CASA to consider comments on draft Manual of Standards

65.033D Consultation procedures not required in certain cases

65.033E Consultation after issuing a Manual of Standards

65.033F Procedure for amendment or revocation of Manual of Standards

65.033G Failure to comply with procedures not to affect validity of Manual of Standards

65.033H Inconsistency between Manual of Standards and Act or Regulations

[2]Regulation 65.000

omit

65.085 Endorsement of ATC licences

insert

65.085 Grant of endorsement on ATC licences

[3]Regulation 65.000

omit

65.210 Statutory declarations about certain offences etc

[4]Regulation 65.000

omit

65.260 Provisional suspension of ATS licence etc during investigation

insert

65.260 Provisional suspension of licence etc during investigation

[5]Regulation 65.005

substitute

65.005Applicability of this Part

  1. (1)

    This Part applies to the performance of functions in connection with providing air traffic services (within the meaning of Annex 11 to the Chicago Convention) in Australian territory.

  2. (2)

    However, this Part does not apply to a person who is providing an air traffic service in the course of his or her duties for the Defence Force.

[6]Regulation 65.010, definition of Manual of Standards

omit

published by CASA,

insert

issued by CASA under regulation 65.033,

[7]After regulation 65.030

insert

65.033Issue of Manual of Standards

CASA may issue a Manual of Standards for this Part that provides for the following matters:

  1. (a)

    the form and classification of a licence, rating, endorsement or qualification that is granted for this Part (an ATS authorisation);

  2. (b)

    the requirements for, and standards to be met by, an applicant for, and the holder of, an ATS authorisation;

  3. (c)

    the requirements and standards for training, tests and examinations for ATS authorisations;

  4. (d)

    the duration of an ATS authorisation and the procedure for the renewal of an ATS authorisation;

  5. (e)

    any matter required or permitted by the regulations to be provided for by the Manual of Standards;

  6. (f)

    any matter necessary or convenient to be provided for the effective operation of this Part.

Note A Manual of Standards is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901: see subsections 98 (5A) and (5B) of the Civil Aviation Act 1988.

65.033ANotice of intention to issue Manual of Standards

  1. (1)

    Before issuing a Manual of Standards, CASA must:

    1. (a)

      publish a notice of its intention to do so:

      1. (i)

        on the Internet; and

      2. (ii)

        in the Gazette; and

    2. (b)

      give a copy of the notice to each ATS provider, within the meaning in Part 172.

Note The URL for CASA’s web site is notice must include the following:

  1. (a)

    the title of the draft Manual of Standards and a description of its contents;

  2. (b)

    how to obtain a copy of the draft Manual of Standards;

  3. (c)

    the period in which comments on the draft Manual of Standards may be lodged;

  4. (d)

    how comments are to be made and lodged.

  • (3)

    For paragraph (2) (c), the period must be reasonable in the circumstances but not less than 28 days.

    • 65.033BComments on draft Manual of Standards

    A person may comment on a draft Manual of Standards in accordance with the notice mentioned in regulation 65.033A that applies to that Manual of Standards.

    65.033CCASA to consider comments on draft Manual of Standards

    Before issuing a Manual of Standards, CASA:

    1. (a)

      must consider any comments it has received on the draft Manual of Standards; and

    2. (b)

      may consult with any persons it considers necessary on issues arising out of the comments.

    65.033DConsultation procedures not required in certain cases

    1. (1)

      The Director may determine, in writing, that the procedures mentioned in regulations 65.033A, 65.033B and 65.033C need not be complied with in relation to a proposed Manual of Standards if:

      1. (a)

        in the Director’s view, it is necessary to issue the Manual of Standards as soon as practicable in the interests of aviation safety; or

      2. (b)

        the Manual of Standards is required to give effect to a specific undertaking given by the Minister; or

      3. (c)

        the Manual of Standards is required to give effect to an obligation under an international treaty or an intergovernmental agreement; or

      4. (d)

        the Manual of Standards is of a minor or machinery nature that does not substantially alter existing arrangements; or

      5. (e)

        following the procedures would endanger aviation security or be otherwise contrary to the public interest.

    2. (2)

      A determination and a statement giving reasons for the determination must be published by CASA:

      1. (a)

        on the Internet; and

      2. (b)

        in the Gazette;

    within 28 days after the determination is made.

    Note The URL for CASA’s web site is after issuing a Manual of Standards

    1. (1)

      If CASA issues a Manual of Standards on the basis of a determination made under paragraph 65.033D (1) (a) (an urgent MOS), CASA must, within 28 days after issuing the Manual of Standards, publish a notice of consultation in relation to the urgent MOS as if it were a notice of intention published under regulation 65.033A.

    2. (2)

      Regulations 65.033B and 65.033C apply in relation to an urgent MOS as if it were a draft Manual of Standards.

    65.033FProcedure for amendment or revocation of Manual of Standards

    The procedures in regulations 65.033A to 65.033E apply to an amendment or revocation of a Manual of Standards in the same way as they apply to the issue of a Manual of Standards.

    65.033GFailure to comply with procedures not to affect validity of Manual of Standards

    A failure to comply with the procedures in regulations 65.033A to 65.033E in relation to a Manual of Standards does not affect the validity of the Manual of Standards.

    65.033HInconsistency between Manual of Standards and Act or Regulations

    If there is an inconsistency between a Manual of Standards and a provision of the Act or these Regulations, the provision of the Act or these Regulations prevails to the extent of the inconsistency.

    [8]Subregulation 65.045 (4)

    omit

    aerial navigation.

    insert

    air navigation.

    [9]Regulation 65.065

    substitute

    65.065Authority to use ground-based radio equipment

    1. (1)

      Despite subregulations 83 (2) and (3) of CAR, a person to whom subregulation (2) applies may operate, for the purpose of performing an air traffic control function or a flight service function, a radiocommunication system used for the purpose of ensuring the safety of air navigation but not installed in or carried on an aircraft.

    2. (2)

      This subregulation applies to the following:

      1. (a)

        a person who may, under regulation 65.035, carry out an air traffic control function or, under regulation 65.050, carry out a flight service function in Australian territory;

      2. (b)

        a person who is engaged by an ATS provider (whether or not as an employee), and who is acting in the course of his or her duties.

    3. (3)

      For paragraph (2) (b), ATS provider means an ATS provider, within the meaning given by regulation 172.015, that is approved to provide a flight information service.

    [10]Paragraph 65.070 (1) (d)

    omit

    [11]Subregulation 65.070 (2)

    omit

    [12]Subregulation 65.070 (3)

    omit

    paragraphs (1) (d) and (e)

    insert

    paragraph (1) (e)

    [13]Subregulation 65.080 (1)

    substitute

    1. (1)

      CASA may grant a rating to a person who:

      1. (a)

        is eligible to be granted an ATC licence; and

      2. (b)

        successfully completes the training required by the Manual of Standards for the grant of the rating.

    [14]Regulation 65.085, heading

    substitute

    65.085Grant of endorsement on ATC licences

    [15]Subregulation 65.085 (2)

    substitute

    1. (2)

      CASA may grant an endorsement to a person who:

      1. (a)

        is eligible to be granted an ATC licence with a rating; and

      2. (b)

        successfully completes the training required by the Manual of Standards for the grant of the endorsement.

    [16]Subregulation 65.095 (4)

    omit

    Subregulation (1)

    insert

    Subregulation (3)

    [17]Subregulation 65.125 (1)

    omit

    traffic information rating

    insert

    traffic information service rating

    [18]Paragraph 65.125 (1) (d)

    omit

    [19]Subregulation 65.125 (2)

    omit

    [20]Subregulation 65.125 (3)

    omit

    paragraphs (1) (d) and (e)

    insert

    paragraph (1) (e)

    [21]Subregulation 65.130 (1)

    substitute

    1. (1)

      CASA may grant a traffic information service rating to a person who:

      1. (a)

        is eligible to be granted a flight service licence with a traffic information service rating; and

      2. (b)

        successfully completes the training required by the Manual of Standards for the grant of the rating.

    Note The traffic information service rating is the only flight service rating for Australia.

    [22]Subregulation 65.135 (1)

    omit

    traffic information ratings.

    insert

    traffic information service ratings.

    [23]Before subregulation 65.140 (1)

    insert

    1. (1A)

      CASA may grant an endorsement to a person who:

      1. (a)

        is eligible to be granted a flight service licence with a traffic information service rating; and

      2. (b)

        successfully completes the training required by the Manual of Standards for the grant of the endorsement.

    [24]Regulation 65.190

    omit

    paragraph 65.265 (1) (a), (b), (c) or (d),

    insert

    paragraph 65.265 (1) (a), (b) or (c),

    [25]Regulation 65.210

    omit

    [26]Paragraph 65.215 (1) (c)

    omit

    regulation 65.205 or 65.210.

    insert

    regulation 65.205.

    [27]Paragraph 65.225 (2) (d)

    omit

    medical certificate; and

    insert

    medical certificate.

    [28]Paragraph 65.225 (2) (e)

    omit

    [29]Subregulation 65.230 (3)

    omit

    , 65.210

    [30]Regulation 65.260, heading

    substitute

    65.260Provisional suspension of licence etc during investigation

    [31]Subregulation 65.260 (1)

    omit

    an ATS licence:

    insert

    a licence:

    [32]Paragraph 65.260 (1) (c)

    omit

    an aircraft; or

    insert

    an aircraft;

    [33]Paragraph 65.260 (1) (d)

    omit

    [34]Subregulation 65.265 (1)

    omit

    an ATS licence:

    insert

    a licence:

    [35]Paragraph 65.265 (1) (c)

    omit

    an aircraft; or

    insert

    an aircraft;

    [36]Paragraph 65.265 (1) (d)

    omit

    [37]Subregulation 65.265 (2)

    omit

    an ATS licence

    insert

    a licence

    [38]Subregulation 65.270 (1)

    omit

    1. (1)

      CASA may

    insert

    CASA may

    [39]Paragraph 65.270 (1) (c)

    omit

    an aircraft; or

    insert

    an aircraft.

    [40]Paragraph 65.270 (1) (d)

    omit

    [41]Subregulation 65.270 (2)

    omit

    [42]Subregulations 65.275 (3) and (4)

    substitute

    1. (3)

      If the person does not meet a requirement of, or under, these Regulations in relation to getting or keeping the licence, rating, endorsement or qualification, but there is a reasonable prospect that he or she will be able to do so within a reasonable time, CASA may suspend the licence, rating, endorsement or qualification:

      1. (a)

        until the happening of a specified event; or

      2. (b)

        until the holder successfully completes specified training; or

      3. (c)

        for a specified period within which the holder is likely to become able to meet the requirement.

    2. (4)

      If the person does not meet a requirement of, or under, these Regulations in relation to getting or keeping the licence, rating, endorsement or qualification and there is no reasonable prospect that he or she will be able to do so within a reasonable time, CASA must cancel the licence, rating, endorsement or qualification.

    [43]Part 139, Subpart A

    omit everything in Subpart A after

    139.000 Make-up of this Part

    [44]Subregulation 139.700 (2), including the note

    substitute

    1. (2)

      This Subpart sets out:

      (a) how a person receives approval as a provider of an aerodrome rescue and firefighting service; and

      1. (b)

        the operating and technical standards applicable to such a service.

    2. (3)

      This Subpart does not apply to:

      1. (a)

        a person who is providing an aerodrome rescue and firefighting service in the course of his or her duties for the Defence Force; or

      2. (b)

        any aerodrome rescue and firefighting service provided by the Defence Force.

    [45]Subregulation 139.705 (1), definition of Manual of Standards

    substitute

    Manual of Standards means the document called ‘Manual of Standards (MOS) – Subpart 139.H’ issued by CASA under regulation 139.712, as in force from time to time.

    [46]Subregulation 139.705 (3)

    omit

    [47]After regulation 139.710

    insert

    139.711Person not to provide service without approval

    1. (1)

      A person must not provide an ARFFS at an aerodrome unless the person is approved, under Division 5, to provide the ARFFS.

    Penalty: 50 penalty units.

    1. (2)

      An offence against subregulation (1) is an offence of strict liability.

    Note For strict liability, see section 6.1 of the Criminal Code.

    139.712Issue of Manual of Standards

    CASA may issue a Manual of Standards for this Subpart that provides for the following matters:

    1. (a)

      standards and criteria for the establishment and disestablishment of an ARFFS;

    2. (b)

      standards relating to the procedures, systems and documents required for the provision of an ARFFS;

    3. (c)

      standards for facilities and equipment used to provide an ARFFS;

    4. (d)

      standards, including competency standards, minimum qualifications and training standards, for persons engaged in an ARFFS;

    5. (e)

      any matter required or permitted by the regulations to be provided for by the Manual of Standards;

    6. (f)

      any matter necessary or convenient to be provided for the effective operation of this Subpart.

    Note A Manual of Standards is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901: see subsections 98 (5A) and (5B) of the Civil Aviation Act 1988.

    139.712ANotice of intention to issue Manual of Standards

    1. (1)

      Before issuing a Manual of Standards, CASA must:

      1. (a)

        publish a notice of its intention to do so:

        1. (i)

          on the Internet; and

        2. (ii)

          in the Gazette; and

      2. (b)

        give a copy of the notice to each ARFFS provider.

    Note The URL for CASA’s web site is notice must include the following:

    1. (a)

      the title of the draft Manual of Standards and a description of its contents;

    2. (b)

      how to obtain a copy of the draft Manual of Standards;

    3. (c)

      the period in which comments on the draft Manual of Standards may be lodged;

    4. (d)

      how comments are to be made and lodged.

  • (3)

    For paragraph (2) (c), the period must be reasonable in the circumstances but not less than 28 days.

    • 139.712BComments on draft Manual of Standards

    A person may comment on a draft Manual of Standards in accordance with the notice mentioned in regulation 139.712A that applies to that Manual of Standards.

    139.712CCASA to consider comments on draft Manual of Standards

    Before issuing a Manual of Standards, CASA:

    1. (a)

      must consider any comments it has received on the draft Manual of Standards; and

    2. (b)

      may consult with any persons it considers necessary on issues arising out of the comments.

    139.712DConsultation procedures not required in certain cases

    1. (1)

      The Director may determine, in writing, that the procedures mentioned in regulations 139.712A, 139.712B and 139.712C need not be complied with in relation to a proposed Manual of Standards if:

      1. (a)

        in the Director’s view, it is necessary to issue the Manual of Standards as soon as practicable in the interests of aviation safety; or

      2. (b)

        the Manual of Standards is required to give effect to a specific undertaking given by the Minister; or

      3. (c)

        the Manual of Standards is required to give effect to an obligation under an international treaty or an intergovernmental agreement; or

      4. (d)

        the Manual of Standards is of a minor or machinery nature that does not substantially alter existing arrangements; or

      5. (e)

        following the procedures would endanger aviation security or be otherwise contrary to the public interest.

    2. (2)

      A determination and a statement giving reasons for the determination must be published by CASA:

      1. (a)

        on the Internet; and

      2. (b)

        in the Gazette;

    within 28 days after the determination is made.

    Note The URL for CASA’s web site is after issuing a Manual of Standards

    1. (1)

      If CASA issues a Manual of Standards on the basis of a determination made under paragraph 139.712D (1) (a) (an urgent MOS), CASA must, within 28 days after issuing the Manual of Standards, publish a notice of consultation in relation to the urgent MOS as if it were a notice of intention published under regulation 139.712A.

    2. (2)

      Regulations 139.712B and 139.712C apply in relation to an urgent MOS as if it were a draft Manual of Standards.

    139.712FProcedure for amendment or revocation of Manual of Standards

    The procedures in regulations 139.712A to 139.712E apply to an amendment or revocation of a Manual of Standards in the same way as they apply to the issue of a Manual of Standards.

    139.712GFailure to comply with procedures not to affect validity of Manual of Standards

    A failure to comply with the procedures in regulations 139.712A to 139.712E in relation to a Manual of Standards does not affect the validity of the Manual of Standards.

    139.712HInconsistency between Manual of Standards and Act or Regulations

    If there is an inconsistency between a Manual of Standards and a provision of the Act or these Regulations, the provision of the Act or these Regulations prevails to the extent of the inconsistency.

    [48]Part 139, Subpart H, Division 2

    omit

    [49]Regulation 139.755

    substitute

    139.755Definition for Division — applicable standards and requirements

    1. (1)

      In this Division:

    applicable standards and requirements, for an aerodrome of a particular category, means:

    1. (a)

      for an aerodrome to which subregulation (2) applies — the standards and requirements for an aerodrome of its category set out in:

      1. (i)

        Chapter 9 of Annex 14 to the Chicago Convention; and

      2. (ii)

        the Manual of Standards; or

    2. (b)

      for any other aerodrome — the standards and requirements for an aerodrome of its category set out in the Manual of Standards.

    1. (2)

      This subregulation applies to:

      1. (a)

        an aerodrome from or to which an international passenger air service operates; and

      2. (b)

        any other aerodrome through which more than 350 000 passengers passed on air transport flights during the previous financial year.

    2. (3)

      In paragraph (2) (a):

    international passenger air service means:

    1. (a)

      an international air service (within the meaning given by subsection 3 (1) of the Air Navigation Act 1920) that carries passengers, other than a non-scheduled service (within the meaning given by that subsection); or

    2. (b)

      a non-scheduled passenger-carrying flight, or program of non-scheduled passenger-carrying flights, carried out under a permission granted under section 15D of the Air Navigation Act 1920; or

    3. (c)

      a non-scheduled passenger-carrying flight, or program of non-scheduled passenger-carrying flights, in a category in respect of which the Secretary to the Department has determined, under subsection 15A (3) of that Act, that such a permission is not required.

    1. (4)

      For paragraph (2) (b), the number of passengers that pass through an aerodrome is to be determined according to statistics published by the Department.

    Note Department means the Department administered by the Minister who administers these Regulations (see the Acts Interpretation Act 1901, subsection 19A (3) and section 46). At present that Department is the Department of Transport and Regional Services.

    [50]Subregulation 139.770 (2)

    omit

    section 9.2.6

    insert

    Chapter 9

    [51]After regulation 139.770

    insert

    139.771Response time of ARFFS

    1. (1)

      An ARFFS must be able to meet the criteria for response time set out in Chapter 9 of Annex 14 to the Chicago Convention.

    1. (2)

      Subregulation (1) applies to an ARFFS whether or not Annex 14 to the Chicago Convention applies to the ARFFS.

    139.772Buildings and emergency facilities

    1. (1)

      An ARFFS provider for an aerodrome to which subregulation 139.755 (2) applies must ensure that the necessary buildings and facilities for the service, including the following, are at the aerodrome:

      1. (a)

        a fire station;

      2. (b)

        communications facilities;

      3. (c)

        facilities for the maintenance of vehicles and equipment;

      4. (d)

        training facilities;

      5. (e)

        storage facilities;

      6. (f)

        if there is a body of water within 1 000 metres of a runway threshold — a boat ramp and boat launching facilities.

    2. (2)

      The ARFFS provider must ensure that those buildings and facilities comply with any applicable requirements (including requirements as to location) in the Manual of Standards.

    3. (3)

      The ARFFS provider must ensure that there is a facility, in accordance with the requirements of the Manual of Standards, for replenishing the water supply of a fire fighting vehicle.

    4. (4)

      The ARFFS provider must ensure that there are the appropriate emergency roads on the aerodrome in accordance with the requirements of the Manual of Standards.

    5. (5)

      An ARFFS provider must ensure that there are, at an aerodrome other than one to which subregulation 139.755 (2) applies, the following facilities:

      1. (a)

        a standby point for an emergency vehicle that will allow the vehicle to achieve the response time required by the Manual of Standards;

      2. (b)

        storage for a reserve stock of extinguishing agents.

    139.773Officer in charge

    1. (1)

      An ARFFS provider must appoint, as officer in charge of ARFFS operations for an aerodrome, a person who is based at the aerodrome and who holds:

      1. (a)

        for an aerodrome categorised as Category 6 or above — an AFC Advanced Diploma that meets the standards in the Manual of Standards; or

      2. (b)

        for an aerodrome categorised as Category 5 or below — an AFC Diploma that meets the standards in the Manual of Standards.

    2. (2)

      In paragraphs (1) (a) and (b):

    AFC means Australian Fire Competencies.

    [52]Paragraph 139.775 (3) (b)

    omit

    section 9.2.2

    insert

    Chapter 9

    [53]Subregulation 139.910 (3)

    omit

    Division 2,

    insert

    Division 3,

    [54]Subregulation 139.915 (1), definition of firefighter

    omit

    at an aerodrome,

    insert

    for an aerodrome,

    [55]Subregulation 139.915 (1), definition of officer in charge

    omit

    at an aerodrome,

    insert

    for an aerodrome,

    [56]Subregulation 139.915 (2)

    omit

    at an aerodrome

    insert

    for an aerodrome

    [57]Subregulation 139.925 (1)

    substitute

    1. (1)

      A person is eligible to apply for approval as an ARFFS provider if:

      1. (a)

        the person is mentioned in column 2 of an item in table 139.925; and

      2. (b)

        the application relates to an aerodrome mentioned in column 3 of that item.

    [58]After regulation 139.925

    insert

    Table 139.925

    Item

    Applicant

    Aerodrome

    1

    the Commonwealth

    any aerodrome

    2

    AA

    any aerodrome

    3

    Broome Airport Services Pty Ltd

    Broome International Airport

    4

    Administration of Norfolk Island

    Norfolk Island International Airport

    5

    a person who is to provide an ARFFS at a particular aerodrome:

    1. (a)

      in cooperation with AA, in accordance with paragraph 11 (3) (b) of the Air Services Act 1995; or

    2. (b)

      by arrangement with AA, in accordance with paragraph 11 (3) (c) of the Air Services Act 1995

    the aerodrome mentioned in column 2

    6

    a person who is to provide an ARFFS in accordance with an arrangement mentioned in paragraph 216 (1) (e) of the Airports Act 1996

    the aerodrome specified in the arrangement mentioned in column 2

    [59]After subregulation 139.965 (5)

    insert

    1. (6)

      In particular, if the application is made by a person mentioned in column 2 of item 1, 2, 5 or 6 of Table 139.925 in relation to an ARFFS at the corresponding aerodrome, CASA may impose any condition necessary to give effect to an arrangement mentioned in subsection 11 (3) of the Air Services Act 1995.

    [60]After regulation 139.1020

    insert

    139.1022Cancellation if holder ceases to provide ARFFS

    1. (1)

      CASA must cancel the approval of a person mentioned in column 2 of item 3 or 4 of Table 139.925 if the person ceases to be an ARFFS provider for the aerodrome mentioned in column 3 of the item.

    2. (2)

      CASA must cancel the approval of a person mentioned in column 2 of item 5 of Table 139.925 if the cooperation or arrangement mentioned in that item ceases.

    3. (3)

      CASA must cancel the approval of a person mentioned in column 2 of item 6 of Table 139.925 if the arrangement mentioned in that item ceases.

    [61]Regulation 143.000

    after

    143.015 What is an ATS training provider

    insert

    143.016 Person not to provide service without approval

    143.017 Issue of Manual of Standards

    143.017A Notice of intention to issue Manual of Standards

    143.017B Comments on draft Manual of Standards

    143.017C CASA to consider comments on draft Manual of Standards

    143.017D Consultation procedures not required in certain cases

    143.017E Consultation after issuing a Manual of Standards

    143.017F Procedure for amendment or revocation of Manual of Standards

    143.017G Failure to comply with procedures not to affect validity of Manual of Standards

    143.017H Inconsistency between Manual of Standards and Act or Regulations

    [62]Regulation 143.000

    after

    143.025 When applicant is eligible for approval

    insert

    143.027 CASA may impose conditions on approvals

    [63]Regulation 143.000

    omit

    143.105 Status as a registered training provider

    insert

    143.105 Status as a Registered Training Organisation

    [64]Regulation 143.000

    after

    143.190 Certificate about approval

    insert

    143.192 Cancellation if cooperation or arrangement ceases

    [65]Regulation 143.005

    substitute

    143.005Applicability of this Part

    1. (1)

      This Part:

      1. (a)

        applies to a person that wants to become, or is, an ATS training provider; and

      2. (b)

        sets out certain administrative rules applying to CASA in its administration of this Part.

    2. (2)

      However, this Part does not apply to:

      1. (a)

        a person who is providing ATS training in the course of his or her duties for the Defence Force; or

      2. (b)

        any ATS training provided by the Defence Force.

    [66]Regulation 143.010, definition of Australian Recognition Framework

    substitute

    Australian Quality Training Framework means the quality arrangements for vocational education and training services set out in the document called ‘Australian Quality Training Framework – Standards for Registered Training Organisations’ published by the Australian National Training Authority in 2001.

    [67]Regulation 143.010, definition of Manual of Standards – Part 65

    omit

    published by CASA,

    insert

    issued by CASA under regulation 65.033,

    [68]Regulation 143.010, definition of Manual of Standards – Part 143

    omit

    published by CASA,

    insert

    issued by CASA under regulation 143.017,

    [69]Regulation 143.010, definition of registered training provider

    substitute

    Registered Training Organisation has the same meaning as it has in the document called ‘Australian Quality Training Framework – Standards for Registered Training Organisations’, published by the Australian National Training Authority in 2001.

    [70]After regulation 143.015

    insert

    143.016Person not to provide service without approval

    1. (1)

      A person must not provide training relating to air traffic services unless the person:

      1. (a)

        is approved, under Division 2, to provide the training; or

      2. (b)

        is an ATS provider within the meaning in Part 172.

    Penalty: 50 penalty units.

    1. (2)

      An offence against subregulation (1) is an offence of strict liability.

    Note For strict liability, see section 6.1 of the Criminal Code.

    143.017Issue of Manual of Standards

    CASA may issue a Manual of Standards for this Part that provides for the following matters:

    1. (a)

      standards, including procedures, plans, systems and documentation, for the provision of air traffic services training;

    2. (b)

      standards for facilities and equipment used to provide air traffic services training;

    3. (c)

      standards, including competency standards and minimum qualifications, for instructors engaged in air traffic services training;

    4. (d)

      any matter required or permitted by the regulations to be provided for by the Manual of Standards;

    5. (e)

      any matter necessary or convenient to be provided for the effective operation of this Part.

    Note A Manual of Standards is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 — see subsections 98 (5A) and (5B) of the Act.

    143.017ANotice of intention to issue Manual of Standards

    1. (1)

      Before issuing a Manual of Standards, CASA must:

      1. (a)

        publish a notice of its intention to do so:

        1. (i)

          on the Internet; and

        2. (ii)

          in the Gazette; and

      2. (b)

        give a copy of the notice to each ATS training provider.

    Note The URL for CASA’s web site is notice must include the following:

    1. (a)

      the title of the draft Manual of Standards and a description of its contents;

    2. (b)

      how to obtain a copy of the draft Manual of Standards;

    3. (c)

      the period in which comments on the draft Manual of Standards may be lodged;

    4. (d)

      how comments are to be made and lodged.

  • (3)

    For paragraph (2) (c), the period must be reasonable in the circumstances but not less than 28 days.

    • 143.017BComments on draft Manual of Standards

    A person may comment on a draft Manual of Standards in accordance with the notice mentioned in regulation 143.017A that applies to that Manual of Standards.

    143.017CCASA to consider comments on draft Manual of Standards

    Before issuing a Manual of Standards, CASA:

    1. (a)

      must consider any comments it has received on the draft Manual of Standards; and

    2. (b)

      may consult with any persons it considers necessary on issues arising out of the comments.

    143.017DConsultation procedures not required in certain cases

    1. (1)

      The Director may determine, in writing, that the procedures mentioned in regulations 143.017A, 143.017B and 143.017C need not be complied with in relation to a proposed Manual of Standards if:

      1. (a)

        in the Director’s view, it is necessary to issue the Manual of Standards as soon as practicable in the interests of aviation safety; or

      2. (b)

        the Manual of Standards is required to give effect to a specific undertaking given by the Minister; or

      3. (c)

        the Manual of Standards is required to give effect to an obligation under an international treaty or an intergovernmental agreement; or

      4. (d)

        the Manual of Standards is of a minor or machinery nature that does not substantially alter existing arrangements; or

      5. (e)

        following the procedures would endanger aviation security or be otherwise contrary to the public interest.

    2. (2)

      A determination and a statement giving reasons for the determination must be published by CASA:

      1. (a)

        on the Internet; and

      2. (b)

        in the Gazette;

    within 28 days after the determination is made.

    Note The URL for CASA’s web site is after issuing a Manual of Standards

    1. (1)

      If CASA issues a Manual of Standards on the basis of a determination made under paragraph 143.017D (1) (a) (an urgent MOS), CASA must, within 28 days after issuing the Manual of Standards, publish a notice of consultation in relation to the urgent MOS as if it were a notice of intention published under regulation 143.017A.

    2. (2)

      Regulations 143.017B and 143.017C apply in relation to an urgent MOS as if it were a draft Manual of Standards.

    143.017FProcedure for amendment or revocation of Manual of Standards

    The procedures in regulations 143.017A to 143.017E apply to an amendment or revocation of a Manual of Standards in the same way as they apply to the issue of a Manual of Standards.

    143.017GFailure to comply with procedures not to affect validity of Manual of Standards

    A failure to comply with the procedures in regulations 143.017A to 143.017E in relation to a Manual of Standards does not affect the validity of the Manual of Standards.

    143.017HInconsistency between Manual of Standards and Act or Regulations

    If there is an inconsistency between a Manual of Standards and a provision of the Act or these Regulations, the provision of the Act or these Regulations prevails to the extent of the inconsistency.

    [71]Paragraph 143.020 (c)

    omit

    registered training provider

    insert

    Registered Training Organisation

    [72]Before paragraph 143.025 (a)

    insert

    1. (aa)

      is any of the following:

      1. (i)

        the Commonwealth;

      2. (ii)

        AA;

      3. (iii)

        a person who is to provide air traffic services training services in cooperation with AA, in accordance with paragraph 11 (3) (b) of the Air Services Act 1995;

      4. (iv)

        a person who is to provide air traffic services training services by arrangement with AA, in accordance with paragraph 11 (3) (c) of the Air Services Act 1995; and

    [73]Paragraph 143.025 (a)

    omit

    registered training provider

    insert

    Registered Training Organisation

    [74]After regulation 143.025

    insert

    143.027CASA may impose conditions on approvals

    CASA may impose, on an approval, any condition necessary to give effect to an arrangement mentioned in subsection 11 (3) of the Air Services Act 1995.

    [75]Regulation 143.065

    omit

    Australian Recognition Framework

    insert

    Australian Quality Training Framework

    [76]Paragraph 143.070 (a)

    omit

    Australian Recognition Framework;

    insert

    Australian Quality Training Framework;

    [77]Regulation 143.105, heading

    substitute

    143.105Status as a Registered Training Organisation

    [78]Regulation 143.105

    omit

    registered training provider,

    insert

    Registered Training Organisation,

    [79]Paragraph 143.110 (b)

    omit

    registered training provider

    insert

    Registered Training Organisation

    [80]Subregulation 143.130 (4), definition of officers, paragraph (a)

    substitute

    1. (a)

      if the applicant concerned is incorporated under the Corporations Act 2001 — has the meaning given by section 82A of that Act; and

    [81]After regulation 143.190

    insert

    143.192Cancellation if cooperation or arrangement ceases

    1. (1)

      CASA must cancel the approval of a person mentioned in subparagraph 143.025 (aa) (iii) if the cooperation mentioned in that subparagraph ceases.

    2. (2)

      CASA must cancel the approval of a person mentioned in subparagraph 143.025 (aa) (iv) if the arrangement mentioned in that subparagraph ceases.

    [82]Regulation 171.000

    after

    171.010 Interpretation

    insert

    171.012 Meaning of telecommunication service

    [83]Regulation 171.000

    after

    171.015 Person not to provide service without approval

    insert

    171.017 Issue of Manual of Standards

    171.017A Notice of intention to issue Manual of Standards

    171.017B Comments on draft Manual of Standards

    171.017C CASA to consider comments on draft Manual of Standards

    171.017D Consultation procedures not required in certain cases

    171.017E Consultation after issuing a Manual of Standards

    171.017F Procedure for amendment or revocation of Manual of Standards

    171.017G Failure to comply with procedures not to affect validity of Manual of Standards

    171.017H Inconsistency between Manual of Standards and Act or Regulations

    [84]Regulation 171.000

    after

    171.235 Cancellation of approval after show cause notice

    insert

    171.237 Cancellation if cooperation or arrangement ceases

    [85]Regulation 171.005

    substitute

    171.005Applicability of this Part

    1. (1)

      This Part sets out:

      1. (a)

        the requirements for a person to be approved as a provider of a ground-based aeronautical telecommunication or radionavigation service; and

      2. (b)

        the requirements for the operation and maintenance of those services; and

      3. (c)

        certain administrative rules relating to CASA in its administration of this Part.

    2. (2)

      However, this Part does not apply to:

      1. (a)

        a person who is providing an aeronautical telecommunication or radionavigation service in the course of his or her duties for the Defence Force; or

      2. (b)

        any aeronautical telecommunication or radionavigation service provided by the Defence Force.

    [86]Subregulation 171.010 (1), after definition of coverage

    insert

    frequency confirmation system means a ground radio system at an aerodrome that, if it receives a transmission from an aircraft on the radio frequency for the aerodrome, sends a signal or message to the aircraft confirming that the transmission has been received.

    [87]Subregulation 171.010 (1), definition of Manual of Standards

    substitute

    Manual of Standards means the document called ‘Manual of Standards (MOS) – Part 171’ issued by CASA under regulation 171.017, as in force from time to time.

    [88]Subregulation 171.010 (1), definition of telecommunication service

    omit

    [89]After regulation 171.010

    insert

    171.012Meaning of telecommunication service

    1. (1)

      In this Part, telecommunication service means any of the following:

      1. (a)

        1 or both of the following, within the meaning given for each in Volume II of Annex 10 to the Chicago Convention:

        1. (i)

          an aeronautical broadcasting service;

        2. (ii)

          an aeronautical fixed service;

      2. (b)

        an aeronautical mobile service, within the meaning given in Volume II of Annex 10 to the Chicago Convention, that is used to support an air traffic service of a kind mentioned in Annex 11 to the Chicago Convention;

      3. (c)

        any system that processes or displays air traffic control data.

    2. (2)

      However, none of the following is a telecommunication service:

      1. (a)

        an aerodrome weather information broadcast service (within the meaning in AIP);

      2. (b)

        a certified air/ground radio service at an aerodrome;

      3. (c)

        a frequency confirmation system at an aerodrome;

      4. (d)

        pilot activated lighting (within the meaning in AIP) at an aerodrome;

      5. (e)

        a UNICOM service (within the meaning in AIP).

    [90]After regulation 171.015

    insert

    171.017Issue of Manual of Standards

    CASA may issue a Manual of Standards for this Part that provides for the following matters:

    1. (a)

      standards relating to the procedures, systems and documents required for the provision of a radionavigation service or a telecommunication service;

    2. (b)

      standards for facilities and equipment used to provide a radionavigation service or a telecommunication service;

    3. (c)

      standards, including competency standards and minimum qualifications, for a technician or, if a service provider is an individual, a service provider;

    4. (d)

      any matter required or permitted by the regulations to be provided for by the Manual of Standards;

    5. (e)

      any matter necessary or convenient to be provided for the effective operation of this Part.

    Note A Manual of Standards is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901: see subsections 98 (5A) and (5B) of the Civil Aviation Act 1988.

    171.017ANotice of intention to issue Manual of Standards

    1. (1)

      Before issuing a Manual of Standards, CASA must:

      1. (a)

        publish a notice of its intention to do so:

        1. (i)

          on the Internet; and

        2. (ii)

          in the Gazette; and

      2. (b)

        give a copy of the notice to each service provider.

    Note The URL for CASA’s web site is notice must include the following:

    1. (a)

      the title of the draft Manual of Standards and a description of its contents;

    2. (b)

      how to obtain a copy of the draft Manual of Standards;

    3. (c)

      the period in which comments on the draft Manual of Standards may be lodged;

    4. (d)

      how comments are to be made and lodged.

  • (3)

    For paragraph (2) (c), the period must be reasonable in the circumstances but not less than 28 days.

    • 171.017BComments on draft Manual of Standards

    A person may comment on a draft Manual of Standards in accordance with the notice mentioned in regulation 171.017A that applies to that Manual of Standards.

    171.017CCASA to consider comments on draft Manual of Standards

    Before issuing a Manual of Standards, CASA:

    1. (a)

      must consider any comments it has received on the draft Manual of Standards; and

    2. (b)

      may consult with any persons it considers necessary on issues arising out of the comments.

    171.017DConsultation procedures not required in certain cases

    1. (1)

      The Director may determine, in writing, that the procedures mentioned in regulations 171.017A, 171.017B and 171.017C need not be complied with in relation to a proposed Manual of Standards if:

      1. (a)

        in the Director’s view, it is necessary to issue the Manual of Standards as soon as practicable in the interests of aviation safety; or

      2. (b)

        the Manual of Standards is required to give effect to a specific undertaking given by the Minister; or

      3. (c)

        the Manual of Standards is required to give effect to an obligation under an international treaty or an intergovernmental agreement; or

      4. (d)

        the Manual of Standards is of a minor or machinery nature that does not substantially alter existing arrangements; or

      5. (e)

        following the procedures would endanger aviation security or be otherwise contrary to the public interest.

    2. (2)

      A determination and a statement giving reasons for the determination must be published by CASA:

      1. (a)

        on the Internet; and

      2. (b)

        in the Gazette;

    within 28 days after the determination is made.

    Note The URL for CASA’s web site is after issuing a Manual of Standards

    1. (1)

      If CASA issues a Manual of Standards on the basis of a determination made under paragraph 171.017D (1) (a) (an urgent MOS), CASA must, within 28 days after issuing the Manual of Standards, publish a notice of consultation in relation to the urgent MOS as if it were a notice of intention published under regulation 171.017A.

    2. (2)

      Regulations 171.017B and 171.017C apply in relation to an urgent MOS as if it were a draft Manual of Standards.

    171.017FProcedure for amendment or revocation of Manual of Standards

    The procedures in regulations 171.017A to 171.017E apply to an amendment or revocation of a Manual of Standards in the same way as they apply to the issue of a Manual of Standards.

    171.017GFailure to comply with procedures not to affect validity of Manual of Standards

    A failure to comply with the procedures in regulations 171.017A to 171.017E in relation to a Manual of Standards does not affect the validity of the Manual of Standards.

    171.017HInconsistency between Manual of Standards and Act or Regulations

    If there is an inconsistency between a Manual of Standards and a provision of the Act or these Regulations, the provision of the Act or these Regulations prevails to the extent of the inconsistency.

    [91]Subregulation 171.020 (1)

    substitute

    1. (1)

      A person is eligible to apply for approval as a provider of a telecommunication service or a radionavigation service, or both, if the person is any of the following:

      1. (a)

        the Commonwealth;

      2. (b)

        AA;

      3. (c)

        a person who is to provide a telecommunication service, a radionavigation service, or both:

        1. (i)

          in cooperation with AA, in accordance with paragraph 11 (3) (b) of the Air Services Act 1995; or

        2. (ii)

          by arrangement with AA, in accordance with paragraph 11 (3) (c) of the Air Services Act 1995.

    [92]Regulation 171.045

    substitute

    171.045Agreements with other bodies

    An agreement of the following kind must be in writing and be in accordance with the standards in the Manual of Standards:

    1. (a)

      an ATS provider agreement;

    2. (b)

      a support-service agreement;

    3. (c)

      an aerodrome operator agreement;

    4. (d)

      an AIS agreement.

    [93]Paragraph 171.105 (1) (b)

    after

    the values

    insert

    or characteristics

    [94]Subregulation 171.105 (4)

    after

    the integrity values

    insert

    or characteristics

    [95]After subregulation 171.205 (2)

    insert

    1. (3)

      In particular, CASA may impose, on an approval, any condition necessary to give effect to an arrangement mentioned in subsection 11 (3) of the Air Services Act 1995.

    [96]After regulation 171.235

    insert

    171.237Cancellation if cooperation or arrangement ceases

    1. (1)

      CASA must cancel the approval of a person mentioned in subparagraph 171.020 (1) (c) (i) if the cooperation mentioned in that subparagraph ceases.

    2. (2)

      CASA must cancel the approval of a person mentioned in subparagraph 171.020 (1) (c) (ii) if the arrangement mentioned in that subparagraph ceases.

    [97]Regulation 172.000

    after

    172.020 Providing air traffic service without approval

    insert

    172.022 Issue of Manual of Standards

    172.022A Notice of intention to issue Manual of Standards

    172.022B Comments on draft Manual of Standards

    172.022C CASA to consider comments on draft Manual of Standards

    172.022D Consultation procedures not required in certain cases

    172.022E Consultation after issuing a Manual of Standards

    172.022F Procedure for amendment or revocation of Manual of Standards

    172.022G Failure to comply with procedures not to affect validity of Manual of Standards

    172.022H Inconsistency between Manual of Standards and Act or Regulations

    [98]Regulation 172.000

    before

    172.025 What an application must be accompanied by

    insert

    172.024 Applicant for approval as ATS provider

    [99]Regulation 172.000

    after

    172.325 Cancellation of approval after show cause notice

    insert

    172.327 Cancellation if cooperation or arrangement ceases

    [100]Regulation 172.005

    substitute

    172.005Applicability of this Part

    1. (1)

      This Part:

      1. (a)

        applies to a person that wants to become, or is, an ATS provider; and

      2. (b)

        sets out certain administrative rules applying to CASA in its administration of this Part.

    2. (2)

      However, this Part does not apply to:

      1. (a)

        a person who is providing an air traffic service in the course of his or her duties for the Defence Force; or

      2. (b)

        any air traffic service provided by the Defence Force.

    [101]Regulation 172.010, definition of air traffic service

    omit

    Annex 11.

    insert

    Annex 11, other than a certified air/ground radio service at an aerodrome.

    [102]Regulation 172.010, definition of Manual of Standards

    omit

    published by CASA,

    insert

    issued by CASA under regulation 172.022,

    [103]After regulation 172.020

    insert

    172.022Issue of Manual of Standards

    CASA may issue a Manual of Standards for this Part that provides for the following matters:

    1. (a)

      standards, including procedures, systems and documents used to provide an air traffic service;

    2. (b)

      standards for facilities and equipment used to provide an air traffic service;

    3. (c)

      standards for the training and checking of an ATS provider’s personnel;

    4. (d)

      any matter required or permitted by the regulations to be provided for by the Manual of Standards;

    5. (e)

      any matter necessary or convenient to be provided for the effective operation of this Part.

    Note A Manual of Standards is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901: see subsections 98 (5A) and (5B) of the Civil Aviation Act 1988.

    172.022ANotice of intention to issue Manual of Standards

    1. (1)

      Before issuing a Manual of Standards, CASA must:

      1. (a)

        publish a notice of its intention to do so:

        1. (i)

          on the Internet; and

        2. (ii)

          in the Gazette; and

      2. (b)

        give a copy of the notice to each ATS provider.

    Note The URL for CASA’s web site is notice must include the following:

    1. (a)

      the title of the draft Manual of Standards and a description of its contents;

    2. (b)

      how to obtain a copy of the draft Manual of Standards;

    3. (c)

      the period in which comments on the draft Manual of Standards may be lodged;

    4. (d)

      how comments are to be made and lodged.

  • (3)

    For paragraph (2) (c), the period must be reasonable in the circumstances but not less than 28 days.

    • 172.022BComments on draft Manual of Standards

    A person may comment on a draft Manual of Standards in accordance with the notice mentioned in regulation 172.022A that applies to that Manual of Standards.

    172.022CCASA to consider comments on draft Manual of Standards

    Before issuing a Manual of Standards, CASA:

    1. (a)

      must consider any comments it has received on the draft Manual of Standards; and

    2. (b)

      may consult with any persons it considers necessary on issues arising out of the comments.

    172.022DConsultation procedures not required in certain cases

    1. (1)

      The Director may determine, in writing, that the procedures mentioned in regulations 172.022A, 172.022B and 172.022C need not be complied with in relation to a proposed Manual of Standards if:

      1. (a)

        in the Director’s view, it is necessary to issue the Manual of Standards as soon as practicable in the interests of aviation safety; or

      2. (b)

        the Manual of Standards is required to give effect to a specific undertaking given by the Minister; or

      3. (c)

        the Manual of Standards is required to give effect to an obligation under an international treaty or an intergovernmental agreement; or

      4. (d)

        the Manual of Standards is of a minor or machinery nature that does not substantially alter existing arrangements; or

      5. (e)

        following the procedures would endanger aviation security or be otherwise contrary to the public interest.

    2. (2)

      A determination and a statement giving reasons for the determination must be published by CASA:

      1. (a)

        on the Internet; and

      2. (b)

        in the Gazette;

    within 28 days after the determination is made.

    Note The URL for CASA’s web site is after issuing a Manual of Standards

    1. (1)

      If CASA issues a Manual of Standards on the basis of a determination made under paragraph 172.022D (1) (a) (an urgent MOS), CASA must, within 28 days after issuing the Manual of Standards, publish a notice of consultation in relation to the urgent MOS as if it were a notice of intention published under regulation 172.022A.

    2. (2)

      Regulations 172.022B and 172.022C apply in relation to an urgent MOS as if it were a draft Manual of Standards.

    172.022FProcedure for amendment or revocation of Manual of Standards

    The procedures in regulations 172.022A to 172.022E apply to an amendment or revocation of a Manual of Standards in the same way as they apply to the issue of a Manual of Standards.

    172.022GFailure to comply with procedures not to affect validity of Manual of Standards

    A failure to comply with the procedures in regulations 172.022A to 172.022E in relation to a Manual of Standards does not affect the validity of the Manual of Standards.

    172.022HInconsistency between Manual of Standards and Act or Regulations

    If there is an inconsistency between a Manual of Standards and a provision of the Act or these Regulations, the provision of the Act or these Regulations prevails to the extent of the inconsistency.

    [104]Before regulation 172.025

    insert

    172.024Applicant 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:

    1. (a)

      the Commonwealth;

    2. (b)

      AA;

    3. (c)

      a person who is to provide an air traffic service:

      1. (i)

        in cooperation with AA, in accordance with paragraph 11 (3) (b) of the Air Services Act 1995; or

      2. (ii)

        by arrangement with AA, in accordance with paragraph 11 (3) (c) of the Air Services Act 1995.

    [105]After subregulation 172.295 (1)

    insert

    1. (1A)

      In particular, CASA may impose, on an approval, any condition necessary to give effect to an arrangement mentioned in subsection 11 (3) of the Air Services Act 1995.

    [106]After regulation 172.325

    insert

    172.327Cancellation if cooperation or arrangement ceases

    1. (1)

      CASA must cancel the approval of a person mentioned in subparagraph 172.024 (c) (i) if the cooperation mentioned in that subparagraph ceases.

    2. (2)

      CASA must cancel the approval of a person mentioned in subparagraph 172.024 (c) (ii) if the arrangement mentioned in that subparagraph ceases.

    [107]Subpart 202.CF

    substitute

    Subpart 202.CFTransitional provisions for Part 65 (Air traffic services licensing)

    202.320Manual of Standards for Part 65

    1. (1)

      A document called ‘Manual of Standards (MOS) – Part 65’ published by CASA before 1 May 2003 is taken to be a Manual of Standards issued under regulation 65.033.

    2. (2)

      The procedures in regulations 65.033A, 65.033B and 65.033C are taken to have been complied with in relation to the issue of the Manual of Standards.

    [108]Before Subpart 202.GA

    insert

    Subpart 202.FYHTransitional provisions for Subpart 139.H (Aerodrome rescue and fire fighting services)

    202.710Manual of Standards for Subpart 139.H

    1. (1)

      A document called ‘Manual of Standards (MOS) – Subpart 139.H’ published by CASA before 1 May 2003 is taken to be a Manual of Standards issued under regulation 139.712.

    2. (2)

      The procedures in regulations 139.712A, 139.712B and 139.712C are taken to have been complied with in relation to the issue of the Manual of Standards.

    [109]Subpart 202.GC

    substitute

    Subpart 202.GCTransitional provisions for Part 143 (Air Traffic Services Training Providers)

    202.760Manual of Standards for Part 143

    1. (1)

      A document called ‘Manual of Standards (MOS) – Part 143’ published by CASA before 1 May 2003 is taken to be a Manual of Standards issued under regulation 143.017.

    2. (2)

      The procedures in regulations 143.017A, 143.017B and 143.017C are taken to have been complied with in relation to the issue of the Manual of Standards.

    [110]Subpart 202.HA

    substitute

    Subpart 202.HATransitional provisions for Part 171 (Aeronautical telecommunication service and radionavigation service providers)

    202.880Manual of Standards for Part 171

    1. (1)

      A document called ‘Manual of Standards (MOS) – Part 171’ published by CASA before 1 May 2003 is taken to be a Manual of Standards issued under regulation 171.017.

    2. (2)

      The procedures in regulations 171.017A, 171.017B and 171.017C are taken to have been complied with in relation to the issue of the Manual of Standards.

    [111]Subpart 202.HB

    substitute

    Subpart 202.HBTransitional provisions for Part 172 (Air Traffic Service Providers)

    202.900Manual of Standards for Part 172

    1. (1)

      A document called ‘Manual of Standards (MOS) – Part 172’ published by CASA before 1 May 2003 is taken to be a Manual of Standards issued under regulation 172.022.

    2. (2)

      The procedures in regulations 172.022A, 172.022B and 172.022C are taken to have been complied with in relation to the issue of the Manual of Standards.

    [112]Dictionary, Part 2, after clause 10

    insert

    15Reference to Annex to Chicago Convention

    In these Regulations, a reference to an Annex to the Chicago Convention is a reference to that Annex as in force from time to time.

    Schedule 2Amendments of Civil Aviation Regulations 1988 commencing on 1 May 2003

    (regulation 4)

    [1]Paragraphs 89C (2) (aa), (ab) and (ca)

    omit

    [2]Subregulation 89C (2A)

    omit

    Schedule 3Amendments of Civil Aviation Safety Regulations 1998 commencing on 3 May 2003

    (subregulation 3 (2))

    [1]Regulation 139.000

    after

    139.435 Offences

    insert

    Subpart 139.HAerodrome rescue and fire fighting services

    Division 139.H.1 General

    139.700 Applicability of this Subpart

    139.705 Definitions for this Subpart

    139.710 Functions of ARFFS

    139.711 Person not to provide service without approval

    139.712 Issue of Manual of Standards

    139.712A Notice of intention to issue Manual of Standards

    139.712B Comments on draft Manual of Standards

    139.712C CASA to consider comments on draft Manual of Standards

    139.712D Consultation procedures not required in certain cases

    139.712E Consultation after issuing a Manual of Standards

    139.712F Procedure for amendment or revocation of Manual of Standards

    139.712G Failure to comply with procedures not to affect validity of Manual of Standards

    139.712H Inconsistency between Manual of Standards and Act or Regulations

    139.715 Effect of Manual of Standards

    Division 139.H.3 Requirements to be complied with by ARFFS provider

    139.750 Requirements in this Division

    139.755 Definition for Division — applicable standards and requirements

    139.760 Inconsistency between Manual and chapter 9 of Annex 14

    139.765 Knowledge, equipment and expertise to deal with aviation hazards

    139.770 General obligation to maintain service

    139.771 Response time of ARFFS

    139.772 Buildings and emergency facilities

    139.773 Officer in charge

    139.775 Notice about times service is available etc

    139.780 Agreements with other fire fighting bodies

    139.785 Stock of fire extinguishing agents

    139.795 Extinguishing equipment and vehicles

    139.800 Other vehicles and equipment

    139.805 Vehicles and equipment for firefighting and rescue in difficult environments

    139.810 Commissioning of certain equipment

    139.815 Protective clothing and equipment

    139.820 Communications

    139.825 Test and maintenance equipment

    139.830 Commissioning of new vehicles and equipment

    139.835 Number of operating personnel

    139.840 Medical standard of firefighters

    139.845 Qualifications and training of firefighters

    139.850 Operations manual

    139.855 Amendment of operations manual

    139.860 Voice data recording

    139.865 Record of accidents or incidents

    139.870 Contingency plan

    139.875 Records management

    139.880 Organisation

    139.885 System for rectification of service failures

    139.890 Quality control

    139.895 Change management

    139.900 Safety management

    139.905 Applicant’s organisation

    139.910 Telling users and CASA about changes

    Division 139.H.4 Conduct of ARFFS operations

    139.915 Powers of officer in charge or firefighter

    Division 139.H.5 Administration

    139.920 Definition for Division

    139.925 How to apply for approval as ARFFS provider

    139.930 Who to apply to

    139.935 Application for approval when approval cancelled previously

    139.940 Other things CASA can ask applicant to do — interview

    139.945 Other things CASA can ask applicant to do — provide more information

    139.950 Statutory declarations to verify applications

    139.955 Matters that CASA may or must take into account

    139.960 Statutory declarations to verify statements in submissions

    139.965 When CASA must grant approval

    139.970 When decision must be made

    139.975 Notice of decision

    139.980 When approval comes into effect

    139.985 Certificate about approval

    139.990 Return of certificate if approval cancelled

    139.995 Application for variation of approval

    139.1000 CASA’s power to vary condition of approval

    139.1005 Suspension or continued suspension of approval by show cause notice

    139.1010 Grounds for cancellation of approval

    139.1015 Notice to approved ARFFS provider to show cause

    139.1020 Cancellation of approval after show cause notice

    139.1022 Cancellation if holder ceases to provide ARFFS

    139.1025 Cancellation at request of approved ARFFS provider

    [2]Part 139, Subpart H, heading, except the note

    substitute

    Subpart 139.HAerodrome rescue and fire fighting services

    [3]Part 139, Subpart H, Division 1, heading

    substitute

    Division 139.H.1General

    [4]Part 139, Subpart H, Division 3, heading

    substitute

    Division 139.H.3Requirements to be complied with by ARFFS provider

    [5]Part 139, Subpart H, Division 4, heading

    substitute

    Division 139.H.4Conduct of ARFFS operations

    [6]Part 139, Subpart H, Division 5, heading

    substitute

    Division 139.H.5Administration

    [7]Subregulation 171.010 (1), after definition of availability

    insert

    certified air/ground radio service, or CA/GRS, in relation to an aerodrome, means an air/ground radio service for the aerodrome certified in accordance with regulation 139.410.

    [8]Regulation 172.010, after definition of Annex 11

    insert

    certified air/ground radio service, or CA/GRS, in relation to an aerodrome, means an air/ground radio service for the aerodrome certified in accordance with regulation 139.410.

    [9]Regulation 202.000

    after

    202.172 Exemption from requirements of airworthiness directives

    insert

    Subpart 202.CF Transitional provisions for Part 65 (Air traffic services licensing)

    202.320 Manual of Standards for Part 65

    [10]Regulation 202.000

    after

    202.705 Exemptions

    insert

    Subpart 202.FYH Transitional provisions for Subpart 139.H (Aerodrome rescue and fire fighting services)

    202.710 Manual of Standards for Subpart 139.H

    Subpart 202.GC Transitional provisions for Part 143 (Air Traffic Services Training Providers)

    202.760 Manual of Standards for Part 143

    Subpart 202.HA Transitional provisions for Part 171 (Aeronautical telecommunication service and radionavigation service providers)

    202.880 Manual of Standards for Part 171

    Subpart 202.HB Transitional provisions for Part 172 (Air Traffic Service Providers)

    202.900 Manual of Standards for Part 172

    Notes

    1. These Regulations amend (in Schedules 1 and 3) Statutory Rules 1998 No. 237, as amended by 1999 Nos. 166 (as amended by 1999 No. 262) and 262; 2000 Nos. 7, 204 (Item [7] of Schedule 2 was disallowed by the Senate on 8 November 2000) and 227; 2001 Nos. 34, 242 and 349 (as amended by 2002 No. 79); 2002 Nos. 167 (as amended by 2003 No. 58), 266, 268, 320, 321, 349 and 350; 2003 No. 58.

    These Regulations also amend (in Schedule 2) Statutory Rules 1988 No. 158, as amended by 1988 Nos. 209, 373 and 376; 1989 Nos. 31 and 276; 1990 Nos. 100, 215, 216, 258, 260, 289, 310, 331, 332 and 466; Act No. 25, 1990; Statutory Rules 1991 Nos. 54, 147, 157, 247, 287, 382, 409, 410, 426 and 487 (as amended by 1992 No. 174); 1992 Nos. 36, 174, 254, 258, 279, 325, 342, 380, 417 and 418; 1993 Nos. 221, 268, 319 (new regulation 239 contained in regulation 16 was disallowed by the Senate on 23 March 1994) and 368; 1994 Nos. 93, 173, 187, 188, 260, 294, 382 and 396; 1995 Nos. 122, 147, 148 and 224; 1996 No. 88; 1997 Nos. 23, 67, 111, 139 and 220; 1998 Nos. 31, 32, 219, 234 (disallowed by the Senate on 8 March 1999), 235, 236 and 288; 1999 Nos. 166 (as amended by 1999 No. 262), 167, 210, 229, 262, 353 and 354; 2000 Nos. 8, 204 (items [1], [4] and [5] of Schedule 3 were disallowed by the Senate on 8 November 2000), 205, 227, 261, 294, 295, 296 and 362; Act No. 137, 2000; Statutory Rules 2001 Nos. 348 and 349 (as amended by 2002 No. 79); 2002 Nos. 167 (as amended by 2003 No. 58), 180, 221, 267, 319 and 350; 2003 No. 58.

    2. Notified in the Commonwealth of Australia Gazette on 1 May 2003.

     
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