Civil Aviation Legislation Amendment (Part 175) Regulation 2014
Select Legislative Instrument No. 135, 2014
I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.
Dated 18 September 2014
Peter Cosgrove
Governor‑General
By His Excellency’s Command
Warren Truss
Minister for Infrastructure and Regional Development
Contents
1............ Name of regulation.............................................................................. 1
2............ Commencement................................................................................... 1
3............ Authority............................................................................................. 1
4............ Schedules............................................................................................ 1
Schedule 1—Amendments 2
Civil Aviation Regulations 1988 2
Civil Aviation Safety Regulations 1998 2
1 Name of regulation
This regulation is the Civil Aviation Legislation Amendment (Part 175) Regulation 2014.
2 Commencement
This regulation commences on 5 March 2015.
3 Authority
This regulation is made under the Civil Aviation Act 1988.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
Civil Aviation Regulations 1988
1 Paragraph 233(1)(h)
Repeal the paragraph, substitute:
(h) the aeronautical data and aeronautical information mentioned in subregulation (1A) is carried in the aircraft and is readily accessible to the flight crew.
2 Subregulation 233(1A)
Repeal the subregulation, substitute:
(1A) For paragraph (1)(h), the aeronautical data and aeronautical information is the aeronautical data and aeronautical information:
(a) that is applicable to the route to be flown and to any alternative route that may be flown on that flight; and
(b) that is published:
(i) in the AIP; or
(ii) by a data service provider; or
(iii) by the holder of an approval mentioned in regulation 202.961 or 202.962 of CASR.
Civil Aviation Safety Regulations 1998
3 After Part 173
Insert:
Part 175—Aeronautical information management
Table of contents
Subpart 175.A—Aeronautical information management—general
175.005 What Part 175 is about
175.010 Application of Part 175
175.015 Definitions for Part 175
175.020 References in Part 175 to Annexes 3, 4 and 15
175.025 Issue of Manual of Standards for Part 175
Subpart 175.B—Aeronautical information management—AIS providers
Division 175.B.1—AIS providers—general
175.030 Definitions for Subpart 175.B
175.035 Provision of AIS—requirement for certificate
Division 175.B.2—AIS provider certificates
175.040 AIS provider certificates—who may apply
175.045 AIS provider certificates—requirements for application
175.050 AIS provider certificates—CASA may ask for demonstration of service, facility or equipment
175.055 AIS provider certificates—issue of certificate
175.060 AIS provider certificates—approval of exposition
175.065 AIS provider certificates—conditions
175.067 AIS provider certificates—cancellation of certificate if cooperation or arrangement ceases
Division 175.B.3—AIS providers—changes
175.070 AIS providers—changes to services—matters included in certificate
175.075 AIS providers—other changes
175.080 AIS providers—CASA directions relating to exposition
175.085 AIS providers—notifying CASA of changes in circumstances
Division 175.B.4—AIS providers—requirements for provision of AIS
175.090 AIS providers—provision of AIS must comply with laws
175.095 AIS providers—compliance with exposition
175.100 AIS providers—provision of AIS must comply with standards
175.105 AIS providers—standards for development and publication of Integrated Aeronautical Information Package and aeronautical charts
175.110 AIS providers—standards for aeronautical data processing system
175.115 AIS providers—contravention of exposition or standards
175.120 AIS providers—NOTAM service
175.125 AIS providers—briefing service
175.130 AIS providers—post‑flight information service
175.135 AIS providers—CASA directions about NOTAMS for a location
175.140 AIS providers—aerodromes not covered by Part 139—removal of references in AIP
175.145 AIS providers—publication of aeronautical charts relating to areas etc. outside authority
Division 175.B.5—AIS providers—requirements about aeronautical data and aeronautical information
175.150 AIS providers—CASA directions relating to aeronautical data or aeronautical information
175.155 AIS providers—integrity of aeronautical data and aeronautical information
175.160 AIS providers—giving data product specifications to aeronautical data originators
175.165 AIS providers—revoking data product specifications
175.170 AIS providers—compliance with data product specification
175.175 AIS providers—correction and notification of errors and omissions in aeronautical data and aeronautical information
175.180 AIS providers—storage and security of aeronautical data and aeronautical information
175.185 AIS providers—timing of effective dates and distribution of certain documents and information
175.190 AIS providers—licence agreements with data service providers for supply of data sets
175.195 AIS providers—compliance with licence agreement
Division 175.B.6—AIS providers—organisational requirements
175.200 AIS providers—exposition
175.205 AIS providers—organisational structure
175.210 AIS providers—personnel—general
175.215 AIS providers—personnel—accountable manager
175.220 AIS providers—personnel—training and checking system for operational personnel
175.225 AIS providers—safety management system
175.230 AIS providers—quality management system
175.235 AIS providers—facilities, equipment, data and information
175.240 AIS providers—contingency plan
175.245 AIS providers—reference materials
175.250 AIS providers—annual review by accountable manager
175.255 AIS providers—records
175.260 AIS providers—retention period for aeronautical data, aeronautical information and records
Subpart 175.C—Aeronautical information management—data service providers
Division 175.C.1—Data service providers—general
175.265 Definitions for Subpart 175.C
175.270 Conduct of data service activity—requirement for certificate
175.275 CASA to publish list of data service providers
Division 175.C.2—Data service provider certificates
175.280 Data service provider certificates—who may apply
175.285 Data service provider certificates—requirements for application
175.290 Data service provider certificates—CASA may ask for demonstration of service, facility or equipment
175.295 Data service provider certificates—issue of certificate
175.300 Data service provider certificates—approval of exposition
175.305 Data service provider certificates—conditions
Division 175.C.3—Data service providers—changes
175.310 Data service providers—changes to authorised data service activities—matters included in certificate
175.315 Data service providers—other changes
175.320 Data service providers—CASA directions relating to exposition
175.325 Data service providers—notifying CASA of changes in circumstances
175.330 Data service providers—notifying CASA of intention to cease activities
Division 175.C.4—Data service providers—requirements for provision of data service
175.335 Data service providers—standards for data service provision
175.340 Data service providers—compliance with exposition
175.345 Data service providers—standards for aeronautical data processing system
Division 175.C.5—Data service providers—requirements about aeronautical data and aeronautical information
175.350 Data service providers—CASA directions to amend aeronautical data or aeronautical information
175.355 Data service providers—integrity of aeronautical data and aeronautical information
175.360 Data service providers—correction and notification of errors and omissions in aeronautical data and aeronautical information
175.365 Data service providers—storage and security of aeronautical data and aeronautical information
175.370 Data service providers—effective dates and validity of aeronautical data, information and charts
175.375 Data service providers—compliance with licence agreement with AIS providers
Division 175.C.6—Data service providers—organisational requirements
175.380 Data service providers—exposition
175.385 Data service providers—organisational structure
175.390 Data service providers—personnel—general
175.395 Data service providers—personnel—accountable manager
175.400 Data service providers—personnel—training and checking system for operational personnel
175.405 Data service providers—safety management system
175.410 Data service providers—quality management system
175.415 Data service providers—facilities, equipment, data and information
175.420 Data service providers—contingency plan
175.425 Data service providers—reference materials
175.430 Data service providers—annual review by accountable manager
175.435 Data service providers—records
175.440 Data service providers—retention period for aeronautical data, aeronautical information and records
Subpart 175.D—Aeronautical information management—aeronautical data originators
Division 175.D.1—Aeronautical data originators—general
175.445 Aeronautical data originators—AIP responsible person and NOTAM authorised persons
175.450 Aeronautical data originators—telling AIS provider of AIP responsible person and NOTAM authorised persons
175.455 Aeronautical data originators—requirement to provide updated aeronautical data or aeronautical information published other than in NOTAMS
175.460 Aeronautical data originators—requirements in relation to providing aeronautical data or aeronautical information published other than in NOTAMS
175.465 Aeronautical data originators—annual review of aeronautical data and aeronautical information
175.470 Aeronautical data originators—requirements in relation to requests for issue of NOTAMS
Division 175.D.2—Aeronautical data originators—Geoscience Australia
175.475 Aeronautical data originators—responsibilities of Geoscience Australia
Subpart 175.E—Aeronautical information management—objects and structures that affect aviation safety
175.480 Objects and structures that affect aviation safety—application of Subpart 175.E
175.485 Objects and structures that affect aviation safety—requests for data by AA
175.490 Objects and structures that affect aviation safety—requests for data from owners etc.
175.495 Objects and structures that affect aviation safety—requests for data from aerodrome operators
175.500 Objects and structures that affect aviation safety—requests for data from government authorities
Subpart 175.A—Aeronautical information management—general
175.005 What Part 175 is about
(1) This Part establishes standards and requirements for the quality and integrity of data and information used in air navigation.
(2) Subpart 175.B establishes standards and requirements for AIS providers—persons responsible for the publication of aeronautical data and aeronautical information in the Integrated Aeronautical Information Package and on aeronautical charts.
(3) Subpart 175.C establishes standards and requirements for data service providers—persons authorised to publish aeronautical data, aeronautical information or aeronautical charts, or to supply aeronautical data, that pilots may use as an alternative to the Integrated Aeronautical Information Package and aeronautical charts published by AIS providers.
(4) Subpart 175.D sets out requirements for aeronautical data originators—persons responsible for providing aeronautical data and aeronautical information to AIS providers for publication in the Integrated Aeronautical Information Package and on aeronautical charts.
(5) Subpart 175.E contains powers that can be used to gather data about objects and structures that affect aviation safety.
Note: The data gathered under Subpart 175.E will be used in air navigation applications, including the following:
(a) the design of terminal instrument flight procedures;
(b) the calculation of lowest safe altitudes;
(c) aircraft operating limitations analysis;
(d) minimum safe altitude warning systems;
(e) the publication of visual navigation charts.
175.010 Application of Part 175
This Part does not apply to the following:
(a) a person who is providing an AIS in the course of his or her duties for the Defence Force;
(b) an AIS provided by the Defence Force.
175.015 Definitions for Part 175
In this Part:
corporation has the meaning given by regulation 11.015.
officer, of a corporation, means:
(a) for a corporation that is a company (within the meaning of the Corporations Act 2001)—a director, secretary or executive officer of the corporation; or
(b) for a corporation of any other kind—a person exercising responsibility, in relation to the corporation, as nearly as possible the same as that of a director, secretary or executive officer of a company (within the meaning of the Corporations Act 2001).
175.020 References in Part 175 to Annexes 3, 4 and 15
In this Part, a reference to Annex 3, 4 or 15 to the Chicago Convention is a reference to the Annex subject to the differences mentioned in Gen 1.7 of Part 1 of the AIP.
175.025 Issue of Manual of Standards for Part 175
(1) For subsection 98(5A) of the Act, CASA may issue a Manual of Standards for this Part prescribing matters:
(a) required or permitted by this Part to be prescribed by the Manual of Standards; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Part.
(2) CASA must give a copy of a notice mentioned in subregulation 11.275(3) or regulation 11.280, about a Manual of Standards for this Part, to each AIS provider and data service provider.
Subpart 175.B—Aeronautical information management—AIS providers
Division 175.B.1—AIS providers—general
175.030 Definitions for Subpart 175.B
In this Subpart:
accountable manager, for an AIS provider, means the individual, appointed by the provider, who has the following responsibilities:
(a) responsibility for ensuring that the provider’s AIS is provided in accordance with the provider’s exposition and this Subpart;
(b) responsibility for ensuring that the provider is able to finance, and has adequate resources to provide, its AIS in accordance with the provider’s exposition and this Subpart;
(c) responsibility for the provider’s safety management system required by regulation 175.225 and its implementation.
exposition, for an AIS provider, means:
(a) the documents approved by CASA under regulation 175.060 in relation to the provider; or
(b) if the documents are changed under regulation 175.070, 175.075 or 175.080—the documents as changed.
175.035 Provision of AIS—requirement for certificate
(1) A person commits an offence if:
(a) the person provides an AIS; and
(b) the person does not hold a certificate under regulation 175.055 that authorises the person to provide the AIS.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
Division 175.B.2—AIS provider certificates
175.040 AIS provider certificates—who may apply
(1) A person mentioned in subregulation (2) may apply to CASA, in writing, for a certificate authorising the person to provide an AIS.
(2) For subregulation (1), the persons are the following:
(a) the Commonwealth;
(b) AA;
(c) a person who proposes to provide the AIS:
(i) in cooperation with AA, in accordance with paragraph 11(3)(b) of the Air Services Act 1995;
(ii) by arrangement with AA, in accordance with paragraph 11(3)(c) of the Air Services Act 1995.
(3) However, an application cannot be made:
(a) by 2 or more persons jointly; or
(b) on behalf of a partnership.
175.045 AIS provider certificates—requirements for application
(1) An application under regulation 175.040 must include the following:
(a) the applicant’s name (including any operating or trading name), contact details and ABN (if any);
(b) if the address of the applicant’s operational headquarters is different from its mailing address—the address of its operational headquarters;
(c) if the applicant is a corporation—the name of each of the officers of the corporation;
(d) if the applicant is a corporation registered in Australia that has an ACN—its ACN and the address of its registered office;
(e) if the applicant is a corporation not registered in Australia—the place it was incorporated or formed;
(f) the services that the applicant proposes to provide as part of the AIS;
(g) the following information about each service:
(i) the location from which the service is proposed to be provided;
(ii) the area of Australian territory, and the aerodromes, airspace and ATS routes, that the service is proposed to cover;
(iii) the hours during which the service is proposed to be available;
(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.
175.050 AIS provider certificates—CASA may ask for demonstration of service, facility or equipment
Regulation 11.045 applies in relation to a certificate under regulation 175.055.
175.055 AIS 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 175.200; 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 AIS safely and in accordance with its exposition and this Subpart; and
(d) if the applicant proposes to provide the AIS in cooperation or by arrangement with another person—the AIS will be provided in accordance with any agreement relating to the cooperation or arrangement.
(2) If CASA decides to issue the certificate, CASA must determine:
(a) the services that the applicant is authorised to provide as part of the AIS; and
(b) the following about each service:
(i) the location from which the service is to be provided;
(ii) the area of Australian territory, and the aerodromes, airspace and ATS routes, that the service is to cover;
(iii) the hours during which the service is to be available.
(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 an AIS provider if CASA:
(a) approves a change under subregulation 175.070(4); or
(b) directs a change under regulation 175.080 that causes the certificate to contain anything that is not, or is no longer, correct.
175.060 AIS 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.
175.065 AIS provider certificates—conditions
(1) It is a condition of a certificate issued to an AIS 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) An AIS 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.
175.067 AIS provider certificates—cancellation of certificate if cooperation or arrangement ceases
(1) CASA must cancel a certificate under regulation 175.055 held by a person mentioned in subparagraph 175.040(2)(c)(i) if the cooperation mentioned in that subparagraph ceases.
(2) CASA must cancel a certificate under regulation 175.055 held by a person mentioned in subparagraph 175.040(2)(c)(ii) if the arrangement mentioned in that subparagraph ceases.
Division 175.B.3—AIS providers—changes
175.070 AIS providers—changes to services—matters included in certificate
(1) An AIS provider must not make a change to the services that it provides as part of its AIS unless the change has been approved by CASA.
(2) An AIS provider must not make a change to any of the following about a service that it provides as part of its AIS unless the change has been approved by CASA:
(a) the location from which the service is provided;
(b) the area of Australian territory, and the aerodromes, airspace and ATS routes, that the service covers;
(c) the hours during which the service is available.
(3) An application for approval of a change must:
(a) be in writing; and
(b) set out the change; and
(c) be accompanied by a copy of the part of the provider’s exposition affected by the change, clearly identifying the change.
(4) Subject to regulation 11.055, CASA must approve a change for an AIS provider if satisfied that the requirements mentioned in regulation 175.055 will continue to be met.
(5) If CASA approves the change, CASA is taken to have also approved the changes to the provider’s exposition covered by the application.
175.075 AIS providers—other changes
An AIS provider must not make a change other than a change mentioned in regulation 175.070 unless the AIS provider has:
(a) amended its exposition to reflect the change; and
(b) given CASA written notice of the change and a copy of the amended part of the exposition clearly identifying the change.
175.080 AIS providers—CASA directions relating to exposition
(1) If satisfied that it is necessary in the interests of aviation safety, CASA may, by written notice given to an AIS provider, direct the provider to change its exposition.
(2) A notice under this regulation must state the time within which the direction must be complied with.
175.085 AIS providers—notifying CASA of changes in circumstances
An AIS provider must give CASA written notice of any change of circumstance which significantly affects its ability to provide its AIS within 7 days after the change occurs.
Division 175.B.4—AIS providers—requirements for provision of AIS
175.090 AIS providers—provision of AIS must comply with laws
(1) The requirements of this Subpart are in addition to requirements that apply to an AIS provider under the following:
(a) the civil aviation legislation, other than this Subpart;
(b) the Airspace Act 2007;
(c) the Airspace Regulations 2007.
(2) However, if it is not possible for an AIS provider to comply with both a requirement under legislation mentioned in subregulation (1) and a requirement under this Subpart in relation to a particular matter, the provider is required to comply only with the requirement under the legislation mentioned in subregulation (1) in relation to the matter.
(3) If a circumstance mentioned in subregulation (2) arises, the AIS provider must, as soon as practicable after the circumstance arises, give CASA written notice of the circumstance.
175.095 AIS providers—compliance with exposition
An AIS provider must comply with its exposition.
175.100 AIS providers—provision of AIS must comply with standards
(1) An AIS provider must provide a service that it provides as part of its AIS in accordance with the standards mentioned in the following that apply to the service:
(a) the Part 175 Manual of Standards;
(b) Annexes 4 and 15 to the Chicago Convention;
(c) if PANS‑AIM is in force—that document;
(d) ICAO Documents 8126 and 8697;
(e) the other AIS applicable ICAO documents;
(f) the aeronautical data processing standards.
(2) However, if 2 standards mentioned in different documents mentioned in subregulation (1) apply in relation to a particular matter, and it is not possible for the provider to comply with both standards in relation to the matter, then the provider is required to comply only with the standard mentioned in the document that is first mentioned in subregulation (1) in relation to the matter.
(3) If a circumstance mentioned in subregulation (2) arises, the provider must, as soon as practicable after the circumstance arises, give CASA written notice of the circumstance.
175.105 AIS providers—standards for development and publication of Integrated Aeronautical Information Package and aeronautical charts
(1) An AIS provider must publish aeronautical data and aeronautical information as an Integrated Aeronautical Information Package or on aeronautical charts.
(2) The data and information must be developed from data that complies with the standards for data accuracy and integrity mentioned in Annexes 11 and 14 to the Chicago Convention.
(3) The format and quality of the data and information must be suitable for the intended end use of the data and information.
(4) The data and information must be published in accordance with the standards mentioned in the following:
(a) the Part 175 Manual of Standards;
(b) Annexes 4 and 15 to the Chicago Convention;
(c) if PANS‑AIM is in force—that document;
(d) ICAO Documents 8126 and 8697;
(e) the other AIS applicable ICAO documents.
(5) However, if 2 standards mentioned in different documents mentioned in subregulation (4) apply in relation to a particular matter, and it is not possible for the provider to comply with both standards in relation to the matter, then the provider is required to comply only with the standard mentioned in the document that is first mentioned in subregulation (4) in relation to the matter.
(6) If a circumstance mentioned in subregulation (5) arises, the provider must, as soon as practicable after the circumstance arises, give CASA written notice of the circumstance.
(7) An aeronautical chart published by the provider must:
(a) be a chart of a type mentioned in Annex 4 to the Chicago Convention; and
(b) contain the aeronautical data and aeronautical information required for the function of a chart of that type as mentioned in Annex 4 to the Chicago Convention.
AIS provided in cooperation or arrangement with AA
(8) If an AIS provider is providing its AIS in cooperation, or by arrangement, with AA, AA must ensure that subregulation (1) is complied with.
175.110 AIS providers—standards for aeronautical data processing system
(1) An AIS provider must:
(a) have an automated system for the processing of aeronautical data and aeronautical information as part of providing its AIS; and
(b) update the data in the system as necessary; and
(c) ensure that the system:
(i) allows the digital exchange and supply of aeronautical data and aeronautical information; and
(ii) can provide the data and information in a format suitable for its intended use; and
(d) ensure that the format and standards for the exchange and supply of aeronautical data and aeronautical information comply with the following:
(i) Annexes 4 and 15 to the Chicago Convention;
(ii) if PANS‑AIM is in force—that document;
(iii) ICAO Documents 8126 and 8697;
(iv) the other AIS applicable ICAO documents; and
(e) ensure that aeronautical data and aeronautical information is exchanged and supplied as required by the following:
(i) Annexes 4 and 15 to the Chicago Convention;
(ii) if PANS‑AIM is in force—that document;
(iii) ICAO Documents 8126 and 8697;
(iv) the other AIS applicable ICAO documents.
(2) However, if 2 documents mentioned in paragraph (1)(d) apply in relation to a particular matter, and it is not possible for the provider to comply with both documents in relation to the matter, then the provider is required to comply only with the document that is first mentioned in paragraph (1)(d) in relation to the matter.
(3) Also, if 2 documents mentioned in paragraph (1)(e) apply in relation to a particular matter, and it is not possible for the provider to comply with both documents in relation to the matter, then the provider is required to comply only with the document that is first mentioned in paragraph (1)(e) in relation to the matter.
(4) If a circumstance mentioned in subregulation (2) or (3) arises, the provider must, as soon as practicable after the circumstance arises, give CASA written notice of the circumstance.
175.115 AIS providers—contravention of exposition or standards
(1) An AIS provider may contravene regulation 175.095, 175.100, 175.105 or 175.110 if the contravention is necessary in the interests of aviation safety.
(2) The provider must, as soon as practicable after the contravention occurs, give CASA written notice of the contravention, including an estimate of how long the contravention will last.
175.120 AIS providers—NOTAM service
If an AIS provider provides a NOTAM service, the provider must ensure that the service:
(a) operates 24 hours a day, every day of the year; and
(b) issues a NOTAM in the following circumstances:
(i) the circumstances mentioned in Annex 15 to the Chicago Convention;
(ii) when required by Australian law;
(iii) when it is necessary in the interests of aviation safety; and
(c) has agreements with international NOTAM offices for the exchange of NOTAMS; and
(d) is connected to the aeronautical fixed service.
175.125 AIS providers—briefing service
If an AIS provider provides a briefing service, the provider must ensure that the service:
(a) is an automated pre‑flight information service; and
(b) operates 24 hours a day, every day of the year; and
(c) allows self‑briefing by flight crew members and other operational personnel; and
(d) is capable of providing flight crew members and other operational personnel with:
(i) aeronautical data and aeronautical information to enable pre‑flight planning of flights; and
(ii) pre‑flight information bulletins, within the meaning of Annex 15 to the Chicago Convention; and
(iii) NOTAMS that are relevant to a proposed flight; and
(iv) meteorological information that is relevant to a proposed flight; and
(e) allows flight crew members or other operational personnel to enter a flight plan; and
(f) provides information that assists in the provision of a flight information service.
175.130 AIS providers—post‑flight information service
If an AIS provider provides a post‑flight information service, the provider must ensure that the service:
(a) is capable of receiving reports by flight crew members on:
(i) the state and operation of air navigation facilities and services; and
(ii) the presence of birds and other wildlife that may affect aircraft operations; and
(b) disseminates the information received in a format and timeframe appropriate to the operational significance of the information.
175.135 AIS providers—CASA directions about NOTAMS for a location
(1) CASA may, by written notice given to an AIS provider, direct the provider to do the following:
(a) allow NOTAMS to be published that relate only to a particular location;
(b) publish NOTAMS:
(i) that relate only to the location; and
(ii) that contain details stated in the notice.
(2) A notice under this regulation must state the time within which the direction must be complied with.
175.140 AIS providers—aerodromes not covered by Part 139—removal of references in AIP
(1) This regulation applies if an AIS provider becomes aware of an aeronautical data originator:
(a) who is responsible for aeronautical data or aeronautical information about an aerodrome that is not:
(i) a certified aerodrome; or
(ii) a registered aerodrome; or
(iii) an aerodrome to which Subpart 139.D applies; and
(b) who has not complied with Subpart 175.D in relation to the aerodrome.
(2) The provider must remove any references to the aerodrome that the provider has published in the AIP from the AIP when the AIP is next amended.
Note: The aeronautical data or aeronautical information for which the aeronautical data originator is responsible must be specified in a data product specification: see paragraph 175.160(4)(a).
175.145 AIS providers—publication of aeronautical charts relating to areas etc. outside authority
(1) This regulation applies if an AIS provider publishes an aeronautical chart that includes aeronautical data or aeronautical information that relates to an area, aerodrome, airspace or ATS route not covered by the provider’s certificate.
(2) This Subpart, other than this regulation, does not apply to the publication of the data or information if the data or information accurately reflects data or information that is published:
(a) by another AIS provider under this Subpart; or
(b) by an AIS of a foreign country.
Division 175.B.5—AIS providers—requirements about aeronautical data and aeronautical information
175.150 AIS providers—CASA directions relating to aeronautical data or aeronautical information
(1) This regulation applies in relation to aeronautical data or aeronautical information that an AIS provider publishes:
(a) in the Integrated Aeronautical Information Package; or
(b) on an aeronautical chart.
(2) If satisfied that it is necessary in the interests of aviation safety, CASA may, by written notice given to the provider, direct the AIS provider to do the following:
(a) add to, amend, or remove the data or information;
(b) give CASA stated information or records relating to any change to the data or information.
(3) A notice under this regulation must state the time within which the direction must be complied with.
175.155 AIS providers—integrity of aeronautical data and aeronautical information
(1) This regulation applies in relation to aeronautical data or aeronautical information that an AIS provider publishes:
(a) in the Integrated Aeronautical Information Package; or
(b) on an aeronautical chart.
(2) The provider must ensure that the integrity of the data or information is maintained during the processing of the data and information by the provider.
(3) The provider must ensure that the data or information:
(a) is obtained from entities responsible for the data or information; and
(b) is kept up‑to‑date; and
(c) is traceable to its origin.
(4) The provider must verify that the data or information:
(a) has not been altered from the source data while it is in storage or transit or while it is being formatted; and
(b) has been checked for accuracy against the source data before publication; and
(c) has been published only during the period when the data or information is valid.
(5) The provider must verify:
(a) that the data or information is complete; and
(b) that all of the data or information needed to support the intended use of the data or information has been published.
(6) If the data or information was provided to the provider, the provider must verify that the data or information was provided in a format that is suitable for use by the provider.
(7) If the data or information is for inclusion in a NOTAM, the provider must verify that the data or information was provided to the provider by a NOTAM authorised person.
175.160 AIS providers—giving data product specifications to aeronautical data originators
(1) An AIS provider must give a person a written data product specification that complies with subregulation (4) if the person is responsible for aeronautical data or aeronautical information that the provider has published, or will publish:
(a) in the Integrated Aeronautical Information Package; or
(b) on an aeronautical chart.
(2) Subregulation (3) applies if the provider is also responsible for aeronautical data or aeronautical information that the provider has published, or will publish:
(a) in the Integrated Aeronautical Information Package; or
(b) on an aeronautical chart.
(3) The provider must give a written data product specification that complies with subregulation (4) to the area of the provider’s organisation responsible for the data or information.
(4) For subregulations (1) and (3), the data product specification must include the following:
(a) the aeronautical data or aeronautical information for which the person or area is responsible;
(b) the standards for the accuracy and resolution of the data or information that the person or area will provide to the provider;
(c) the dates by which the data or information must be provided;
(d) the format for the data or information;
(e) the details of the authenticated electronic means for providing the data or information;
(f) the procedures for managing requests for alterations to the data or information;
(g) the procedures for giving notice of, and for rectifying, errors and omissions detected in the data or information;
(h) the procedures the provider will follow to verify that changes to the data or information have been approved by the person or area;
(i) the circumstances (if any) in which the person or area must ask the provider to issue a NOTAM.
175.165 AIS providers—revoking data product specifications
An AIS provider must, in writing, revoke a data product specification given to a person, or an area of the provider’s organisation, under regulation 175.160, if the person or part of the organisation is no longer responsible for the aeronautical data or aeronautical information mentioned in the data product specification.
175.170 AIS providers—compliance with data product specification
An AIS provider must comply with the procedures mentioned in a data product specification given by the provider under regulation 175.160.
175.175 AIS providers—correction and notification of errors and omissions in aeronautical data and aeronautical information
(1) This regulation applies if an AIS provider becomes aware of an error or omission in aeronautical data or aeronautical information that the provider publishes:
(a) in the Integrated Aeronautical Information Package; or
(b) on an aeronautical chart.
(2) The provider must, as soon as practicable after the provider becomes aware of the error or omission:
(a) record and investigate the error or omission; and
(b) ensure that the error or omission is corrected by the most appropriate means taking into account the operational significance of the error or omission; and
(c) ensure that notice of the corrected aeronautical data or aeronautical information is given to persons who had received the data or information; and
(d) identify the root cause of the error or omission; and
(e) establish and implement processes to eliminate the root cause of the error or omission.
(3) The provider must give CASA written notice of any significant error or omission that may affect the safety of air navigation as soon as practicable after the provider becomes aware of the error or omission.
175.180 AIS providers—storage and security of aeronautical data and aeronautical information
An AIS provider must ensure that aeronautical data and aeronautical information necessary for the provision of its AIS:
(a) is stored digitally; and
(b) is kept secure to prevent unauthorised access or alteration.
175.185 AIS providers—timing of effective dates and distribution of certain documents and information
(1) An AIS provider that publishes any of the following documents or information must ensure that the document or information becomes effective only on an AIRAC effective date:
(a) an AIP Amendment;
(b) an AIP Supplement;
(c) an aeronautical chart;
(d) information mentioned in Appendix 4 (Information to be notified by AIRAC) of Annex 15 to the Chicago Convention.
(2) The provider must distribute the document or information so that a recipient receives the document or information at least 28 days before the document or information becomes effective.
(3) However, if the document or information contains, or is, information mentioned in Part 3 of Appendix 4 (Information to be notified by AIRAC) of Annex 15 to the Chicago Convention, the provider must distribute the document or information so that a recipient receives the document or information at least 56 days before the document or information becomes effective.
(4) The provider must ensure that a document or information that becomes effective in accordance with subregulation (1) and is distributed in accordance with subregulation (2) or (3) is identified by the acronym “AIRAC”.
(5) However, the provider may contravene subregulation (1), (2) or (3) if the contravention is necessary in the interests of aviation safety.
(6) If the provider contravenes subregulation (1), (2) or (3), the provider must give CASA written notice of the contravention as soon as practicable after the contravention occurs.
175.190 AIS providers—licence agreements with data service providers for supply of data sets
(1) An AIS provider must enter into a licence agreement with each data service provider.
(2) The licence agreement must cover any of the following that the data service provider requires for its authorised data service activities:
(a) aeronautical data and aeronautical information that the AIS provider publishes in the Integrated Aeronautical Information Package;
(b) aeronautical charts that the AIS provider publishes.
(3) The licence agreement must:
(a) require the AIS provider to supply data sets containing the data, information or charts covered by the agreement to the data service provider; and
(b) allow the data service provider to use, format and publish the data, information or charts; and
(c) include a complete data product specification of the data sets; and
(d) detail when the data sets will be supplied to the data service provider; and
(e) detail the authenticated electronic means by which the data sets will be supplied to the data service provider; and
(f) describe the method of protection to be applied to the data sets to ensure that data is not corrupted during the transfer; and
(g) include the method by which requests, by either party, for alterations to the data, information or charts are to be managed; and
(h) describe how errors and omissions detected in the data, information or charts are to be notified and rectified.
(4) The licence agreement may include charges for the supply of the data sets to the data service provider.
175.195 AIS providers—compliance with licence agreement
An AIS provider must comply with each licence agreement it has entered into under regulation 175.190.
Division 175.B.6—AIS providers—organisational requirements
175.200 AIS providers—exposition
(1) The exposition of an AIS provider must contain the following:
(a) the provider’s name (including any operating or trading name), contact details and ABN (if any);
(b) the location and address of:
(i) the provider’s operational headquarters; and
(ii) each of the provider’s operational facilities;
(c) the name of the provider’s accountable manager;
(d) a description and diagram of the provider’s organisational structure showing formal reporting lines;
(e) if the provider is a corporation—a description of the provider’s corporate structure;
(f) for each operational position, including each operational supervisory position, within the organisational structure:
(i) a statement of the duties and responsibilities of the position; and
(ii) the recent experience requirements for the position (if any); and
(iii) the endorsements and qualifications required for the position (if any); and
(iv) the currency requirements (if any) for the endorsements or qualifications;
(g) a description of how the provider determines the number of operational personnel, including operational supervisory personnel, required to provide its AIS;
(h) a list of the services that the provider provides as part of its AIS;
(i) the following information about each service:
(i) the location from which the service is provided;
(ii) the area of Australian territory, and the aerodromes, airspace and ATS routes, that the service covers;
(iii) the hours during which the service is available;
(j) a description of the procedures that ensure that each service is provided in accordance with this Subpart;
(k) a description and an example of the format used for the publication of the Integrated Aeronautical Information Package and aeronautical charts published by the provider;
(l) a description of the format for the digital exchange or supply of aeronautical data;
(m) a description of the arrangements that ensure that the AIS provider receives, on a daily basis, the aeronautical data and aeronautical information necessary for providing its AIS;
(n) a description of the arrangements that ensure that the provider is able to continue to provide its AIS to persons who reasonably require the service;
(o) a copy of each agreement (if any) entered into by the provider to provide its AIS in cooperation or by arrangement with another person;
(p) a copy of:
(i) each data product specification given by the provider under regulation 175.160; and
(ii) each licence agreement entered into by the provider under regulation 175.190;
(q) a copy of any data product specification the provider has in relation to any aeronautical data it supplies or receives as part of its AIS;
(r) a copy of the provider’s data, personnel and physical security program;
(s) a description of the processes and documents used to present to personnel the relevant standards, rules and procedures mentioned in the following:
(i) the Part 175 Manual of Standards;
(ii) Annexes 4 and 15 to the Chicago Convention;
(iii) if PANS‑AIM is in force—that document;
(iv) ICAO Documents 8126 and 8697;
(v) the other AIS applicable ICAO documents;
(vi) the aeronautical data processing standards;
(vii) the provider’s instructions for the provision of its AIS (if any) that relate to particular operational facilities;
(t) details of any recommended practices mentioned in the following documents that the provider does not follow:
(i) Annexes 4 and 15 to the Chicago Convention;
(ii) if PANS‑AIM is in force—that document;
(iii) ICAO Documents 8126 and 8697;
(iv) the other AIS applicable ICAO documents;
(v) the aeronautical data processing standards;
(u) a copy of each document that contains operational instructions for personnel;
(v) a description of the procedures that ensure all operational personnel are familiar with any operational changes that have occurred since they last performed operational duties;
(w) a description of the provider’s training and checking system, as required by regulation 175.220;
(x) a description of the provider’s safety management system, as required by regulation 175.225;
(y) a description of the provider’s quality management system, as required by regulation 175.230;
(z) a copy of the provider’s contingency plan, as required by regulation 175.240;
(za) a description of the provider’s record keeping procedures, as required by regulation 175.255;
(zb) a description of the procedures used in commissioning new facilities, equipment and services;
(zc) a description of the procedures that ensure that all equipment, including software, is operated in accordance with the manufacturer’s operating instructions and manuals;
(zd) a description of the procedures for making changes.
(2) The provider must:
(a) keep the exposition in a readily accessible form; and
(b) ensure that operational personnel and CASA have ready access to the exposition; and
(c) keep the exposition up‑to‑date.
175.205 AIS providers—organisational structure
An AIS provider must have an appropriate organisation with a sound and effective management structure that enables the provider to provide its AIS in accordance with its exposition and this Subpart.
175.210 AIS providers—personnel—general
An AIS provider must have enough suitably competent, qualified and trained personnel to:
(a) enable the provider to provide its AIS in accordance with its exposition and this Subpart; and
(b) supervise the provision of each service it provides as part of its AIS.
175.215 AIS providers—personnel—accountable manager
An AIS provider must have an accountable manager.
175.220 AIS providers—personnel—training and checking system for operational personnel
(1) An AIS provider must have a training and checking system that ensures that the provider’s operational personnel maintain their competence and are provided with ongoing training appropriate to their duties.
(2) Without limiting subregulation (1), the training and checking system must ensure that each person who is a member of the provider’s operational personnel:
(a) is trained and proven to be proficient in the performance of the person’s duties; and
(b) meets the recent experience requirements (if any) under the provider’s exposition for the person’s position; and
(c) holds each endorsement or qualification (if any) that is required under the provider’s exposition for the person’s position; and
(d) meets the currency requirements (if any) under the provider’s exposition for the endorsements and qualifications.
175.225 AIS providers—safety management system
(1) An AIS provider must have a safety management system that:
(a) is a systemic approach to managing safety; and
(b) integrates human factors principles; and
(c) includes the matters mentioned in subregulation (2).
(2) For paragraph (1)(c), the matters are the following:
(a) organisational structures, accountabilities, policies and procedures necessary to manage safety in a systemic way;
(b) a statement of the provider’s safety policy, objectives and planning, including details of the following:
(i) the management commitment to, and responsibility for, safety;
(ii) the safety accountabilities of managers;
(iii) the appointment of safety management personnel;
(iv) how human factors principles are integrated into the safety management system;
(v) a safety management system implementation plan;
(vi) relevant third party relationships and interactions;
(vii) coordination of an emergency response plan;
(viii) safety management system documentation;
(c) a safety risk management process, including:
(i) hazard identification processes; and
(ii) risk assessment and mitigation processes;
(d) a safety assurance system, including details of processes for:
(i) safety performance monitoring and measurement; and
(ii) internal safety investigation; and
(iii) management of change; and
(iv) continuous improvement of the safety management system;
(e) a safety training and promotion system, including details of the following:
(i) safety management system training and education;
(ii) safety management system safety communication.
175.230 AIS providers—quality management system
An AIS provider must have a quality management system that:
(a) is based on the elements of the latest edition of the ISO 9001 standard, as in force from time to time, that are relevant to the provision of AIS; and
(b) includes quality management procedures that address the quality management requirements mentioned in the aeronautical data processing standards.
175.235 AIS providers—facilities, equipment, data and information
(1) An AIS provider must have the facilities and equipment that are necessary for providing its AIS, including appropriate premises and equipment to allow operational personnel to perform their duties.
(2) An AIS provider must provide its operational personnel with access to the aeronautical data and aeronautical information required for the publication of the Integrated Aeronautical Information Package, or the aeronautical charts, that the provider publishes.
175.240 AIS providers—contingency plan
(1) An AIS provider must have a contingency plan that sets out the procedures to be followed if a service provided as part of its AIS is interrupted.
(2) The contingency plan must include:
(a) the actions to be taken by personnel responsible for providing the service; and
(b) possible alternative arrangements for providing the service; and
(c) arrangements for resuming normal provision of the service.
175.245 AIS providers—reference materials
(1) An AIS provider must have up‑to‑date copies of the following reference materials in a readily accessible form:
(a) the civil aviation legislation relevant to the provision of its AIS;
(b) Annexes 4, 11, 14 and 15 to the Chicago Convention;
(c) if PANS‑AIM is in force—that document;
(d) ICAO Documents 8126 and 8697;
(e) the other AIS applicable ICAO documents;
(f) the aeronautical data processing standards;
(g) any instructions issued by the provider to its personnel in relation to the provision of its AIS;
(h) manuals for equipment used by personnel in the provision of its AIS.
(2) The provider must ensure that operational personnel have ready access to the reference materials.
175.250 AIS providers—annual review by accountable manager
An AIS provider must ensure that its accountable manager:
(a) conducts an annual review of the provider against the requirements of its exposition and this Subpart; and
(b) addresses any deficiencies that are identified during the review; and
(c) gives CASA a report of the annual review, including:
(i) any significant deficiencies identified since any previous annual review; and
(ii) how the deficiencies are to be addressed.
175.255 AIS providers—records
(1) An AIS provider must have procedures for making, collecting, indexing, storing, securing, maintaining, accessing and disposing of the following:
(a) records that identify all incoming and outgoing aeronautical data and aeronautical information;
(b) records that identify each person who is authorised by the provider to process, check, edit, publish or supply aeronautical data and aeronautical information;
(c) records that list the endorsements, qualifications and competencies of personnel who process, check, edit, publish or supply aeronautical data and aeronautical information;
(d) records that identify each AIP responsible person for an aeronautical data originator that provides aeronautical data or aeronautical information to the provider;
(e) records that identify each NOTAM authorised person for an aeronautical data originator that requests the provider to issue NOTAMS;
(f) records that identify each occurrence of an error or omission in aeronautical data or aeronautical information published by the provider in the Integrated Aeronautical Information Package or on an aeronautical chart;
(g) records that contain the results of any audit or review of the provider’s AIS.
(2) The provider must ensure that a record mentioned in subregulation (1) is legible and permanent.
175.260 AIS providers—retention period for aeronautical data, aeronautical information and records
Aeronautical data and information
(1) Subregulation (2) applies if aeronautical data or aeronautical information necessary for the provision of an AIS provider’s AIS:
(a) has been published by the provider; and
(b) has become effective; and
(c) is not a Commonwealth record within the meaning of the Archives Act 1983.
(2) The provider must keep the data or information for at least 7 years after the data or information ceases to be effective.
Records
(3) Subregulation (4) applies if a record mentioned in subregulation 175.255(1) is not a Commonwealth record within the meaning of the Archives Act 1983.
(4) The provider must keep the record:
(a) if the record relates to aeronautical data or aeronautical information mentioned in subregulation (1)—for as long as the data or information is required to be kept; or
(b) otherwise—for at least 7 years after the record is made.
Subpart 175.C—Aeronautical information management—data service providers
Division 175.C.1—Data service providers—general
175.265 Definitions for Subpart 175.C
In this Subpart:
accountable manager, for a data service provider, means the individual, appointed by the provider, who has the following responsibilities:
(a) responsibility for ensuring that the provider’s authorised data service activities are conducted in accordance with its exposition and this Subpart;
(b) responsibility for ensuring that the provider is able to finance, and has adequate resources to conduct, its authorised data service activities in accordance with its exposition and this Subpart;
(c) responsibility for the provider’s safety management system required by regulation 175.405 and its implementation.
exposition, for a data service provider, means:
(a) the documents approved by CASA under regulation 175.300 in relation to the provider; or
(b) if the documents are changed under regulation 175.310, 175.315 or 175.320—the documents as changed.
175.270 Conduct of data service activity—requirement for certificate
(1) A person commits an offence if:
(a) the person conducts a data service activity; and
(b) the person does not hold a certificate under regulation 175.295 that authorises the person to conduct the activity.
Penalty: 50 penalty units.
(2) Subregulation (1) does not apply to an AIS provider publishing aeronautical data, aeronautical information or an aeronautical chart in the course of providing an AIS.
(3) Subregulation (1) does not apply to an aerodrome operator publishing one of the following charts, as mentioned in Annex 4 to the Chicago Convention:
(a) an Aerodrome Obstacle Chart—ICAO Type A;
(b) an Aerodrome Obstacle Chart—ICAO Type B;
(c) an Aerodrome Terrain and Obstacle Chart—ICAO (Electronic);
(d) a Precision Approach Terrain Chart—ICAO.
(4) Subregulation (1) does not apply to a person who supplies navigation equipment or a navigation system containing aeronautical data in a database, if the database has been supplied to the person by a third party for use in the equipment or system.
Note: A defendant bears an evidential burden in relation to the matters in subregulations (2), (3) and (4): see subsection 13.3(3) of the Criminal Code.
(5) An offence against this regulation is an offence of strict liability.
175.275 CASA to publish list of data service providers
(1) CASA must publish a list of:
(a) data service providers; and
(b) the matters mentioned in subregulation 175.295(2) for each of the data service providers.
(2) CASA must keep the list up‑to‑date.
Division 175.C.2—Data service provider certificates
175.280 Data service provider certificates—who may apply
(1) A person may apply to CASA, in writing, for a certificate authorising the person to conduct a data service activity.
(2) However, an application cannot be made:
(a) by 2 or more persons jointly; or
(b) on behalf of a partnership.
175.285 Data service provider certificates—requirements for application
(1) An application under regulation 175.280 must include the following:
(a) the applicant’s name (including any operating or trading name), contact details and ABN (if any);
(b) if the address of the applicant’s operational headquarters is different from its mailing address—the address of its operational headquarters;
(c) if the applicant is a corporation—the name of each of the officers of the corporation;
(d) if the applicant is a corporation registered in Australia that has an ACN—its ACN and the address of its registered office;
(e) if the applicant is a corporation not registered in Australia—the place it was incorporated or formed;
(f) a description of the data service activities the applicant proposes to conduct;
(g) the area 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 offence if:
(a) the provider makes a change to the provider’s authorised data service activities; and
(b) the change has not been approved by CASA.
Penalty: 50 penalty units.
(2) A data service provider commits an offence if:
(a) the provider makes a change to the area of coverage for aeronautical data, aeronautical information or an aeronautical chart covered by an authorised data service activity; and
(b) the change has not been approved by CASA.
Penalty: 50 penalty units.
(3) An application for approval of a change must:
(a) be in writing; and
(b) set out the change; and
(c) be accompanied by a copy of the part of the provider’s exposition affected by the change, clearly identifying the change.
(4) Subject to regulation 11.055, CASA must approve a change for a data service provider if satisfied that the requirements mentioned in regulation 175.295 will continue to be met.
(5) If CASA approves the change, CASA is taken to have also approved the changes to the provider’s exposition covered by the application.
(6) An offence against this regulation is an offence of strict liability.
175.315 Data service providers—other changes
(1) A data service provider commits an offence if:
(a) the provider makes a change other than a change mentioned in regulation 175.310; and
(b) the provider did not, before making the change, comply with subregulation (2).
Penalty: 50 penalty units.
(2) For paragraph (1)(b), the provider must:
(a) amend its exposition to reflect the change; and
(b) give CASA written notice of the change and a copy of the amended part of the exposition clearly identifying the change.
(3) An offence against this regulation is an offence of strict liability.
175.320 Data service providers—CASA directions relating to exposition
(1) If satisfied that it is necessary in the interests of aviation safety, CASA may, by written notice given to a data service provider, direct the provider to change its exposition.
(2) A direction under this regulation must state the time within which the direction must be complied with.
(3) The provider commits an offence if the provider does not comply with the direction within the time stated in the direction.
Penalty: 50 penalty units.
(4) An offence against this regulation is an offence of strict liability.
175.325 Data service providers—notifying CASA of changes in circumstances
(1) A data service provider commits an offence if:
(a) a change of circumstance occurs which significantly affects the provider’s ability to conduct its authorised data service activities; and
(b) the provider does not give CASA written notice of the change of circumstance within 7 days after the change occurs.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
175.330 Data service providers—notifying CASA of intention to cease activities
(1) A data service provider commits an offence if:
(a) the provider ceases to conduct an authorised data service activity; and
(b) the provider did not, at least 2 months before ceasing to conduct the activity, give CASA written notice of the following:
(i) the provider’s intention to cease conducting the activity;
(ii) the date on which the provider intended to cease conducting the activity.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
Division 175.C.4—Data service providers—requirements for provision of data service
175.335 Data service providers—standards for data service provision
(1) A data service provider commits an offence if:
(a) the provider publishes or supplies aeronautical data or aeronautical information in conducting a data service activity; and
(b) the data or information does not meet the requirement mentioned in subregulation (2).
Penalty: 50 penalty units.
(2) For paragraph (1)(b), the data or information must be the same as the data or information published in the following:
(a) the AIP;
(b) an AIP Amendment;
(c) an AIP Supplement;
(d) a permanent NOTAM;
(e) an aeronautical chart published by an AIS provider;
(f) an aeronautical chart mentioned in subregulation 175.270(3) published by an aerodrome operator.
(3) A data service provider commits an offence if the provider contravenes a provision of the Part 175 Manual of Standards.
Penalty: 50 penalty units.
(4) A data service provider commits an offence if:
(a) the provider processes aeronautical data or aeronautical information; and
(b) the provider does so other than in accordance with the aeronautical data processing standards.
Penalty: 50 penalty units.
(5) Subregulation (4) does not apply in relation to a particular matter if:
(a) 2 standards mentioned in the Part 175 Manual of Standards and the aeronautical data processing standards apply in relation to the matter; and
(b) it is not possible for the provider to comply with both standards in relation to the matter.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (5): see subsection 13.3(3) of the Criminal Code.
(6) A data service provider commits an offence if:
(a) a circumstance mentioned in subregulation (5) arises; and
(b) the provider does not, as soon as practicable after the circumstance arises, give CASA written notice of the circumstance.
Penalty: 50 penalty units.
175.340 Data service providers—compliance with exposition
(1) A data service provider commits an offence if the provider contravenes a provision of its exposition.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
175.345 Data service providers—standards for aeronautical data processing system
(1) A data service provider commits an offence if the provider does not meet a requirement mentioned in subregulation (2).
Penalty: 50 penalty units.
(2) For subregulation (1), the requirements are the following:
(a) the provider must have an automated system for the processing of aeronautical data and aeronautical information as part of conducting its authorised data service activities;
(b) the provider must update the data in the system as necessary.
(3) A data service provider commits an offence if:
(a) the provider has a system mentioned in paragraph (2)(a); but
(b) the system does not:
(i) allow the digital exchange and supply of aeronautical data and aeronautical information; or
(ii) provide the data and information in a format suitable for its intended use.
Penalty: 50 penalty units.
Division 175.C.5—Data service providers—requirements about aeronautical data and aeronautical information
175.350 Data service providers—CASA directions to amend aeronautical data or aeronautical information
(1) If satisfied that it is necessary in the interests of aviation safety, CASA may, by written notice given to a data service provider, direct the provider to add to, amend, or remove any aeronautical data or aeronautical information that the provider publishes or supplies in conducting a data service activity.
(2) A direction under this regulation must state the time within which the direction must be complied with.
(3) The provider commits an offence if the provider does not comply with the direction within the time stated in the direction.
Penalty: 50 penalty units.
(4) An offence against this regulation is an offence of strict liability.
175.355 Data service providers—integrity of aeronautical data and aeronautical information
(1) A data service provider commits an offence if:
(a) the provider publishes or supplies aeronautical data or aeronautical information in conducting a data service activity; and
(b) the provider has not verified the matters mentioned in subregulation (2).
Penalty: 50 penalty units.
(2) For paragraph (1)(b), the matters are the following:
(a) that the data or information was not altered from the source data while in storage or transit or while being formatted;
(b) that the data or information was checked for accuracy against the source data before publication or supply;
(c) that the data or information is complete;
(d) that all of the data or information needed to support the intended use of the data or information has been published or supplied.
175.360 Data service providers—correction and notification of errors and omissions in aeronautical data and aeronautical information
Correction of errors and omissions
(1) A data service provider commits an offence if:
(a) the provider becomes aware of an error or omission in aeronautical data or aeronautical information that it publishes or supplies in conducting a data service activity; and
(b) the provider does not comply with subregulation (2) as soon as practicable after becoming aware of the error or omission.
Penalty: 50 penalty units.
(2) For paragraph (1)(b), the provider must do the following:
(a) record and investigate the error or omission;
(b) ensure that the error or omission is corrected by the most appropriate means taking into account the operational significance of the error or omission;
(c) ensure that notice of the corrected aeronautical data or aeronautical information is given to persons who had received the data or information;
(d) identify the root cause of the error or omission;
(e) establish and implement processes to eliminate the root cause of the error or omission.
Notifying CASA of errors and omissions
(3) A data service provider commits an offence if:
(a) the provider becomes aware of an error or omission in aeronautical data or aeronautical information that it publishes or supplies in conducting a data service activity; and
(b) the error or omission is a significant error or omission that may affect the safety of air navigation; and
(c) the provider does not give CASA written notice of the error or omission as soon as practicable after the provider becomes aware of the error or omission.
Penalty: 50 penalty units.
Notifying AIS provider of errors and omissions
(4) A data service provider commits an offence if:
(a) the provider identifies an error or omission in aeronautical data or aeronautical information supplied by an AIS provider; and
(b) the provider does not tell the AIS provider of the error or omission as soon as practicable after identifying the error or omission.
Penalty: 50 penalty units.
175.365 Data service providers—storage and security of aeronautical data and aeronautical information
(1) A data service provider commits an offence if aeronautical data or aeronautical information necessary for its authorised data service activities:
(a) is not stored digitally; or
(b) is not kept secure to prevent unauthorised access or alteration.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
175.370 Data service providers—effective dates and validity of aeronautical data, information and charts
(1) A data service provider commits an offence if:
(a) the provider publishes or supplies aeronautical data, aeronautical information or an aeronautical chart in conducting a data service activity; and
(b) the data, information or chart does not become effective on the same date, or remain valid for the same period, as the corresponding data, information or chart contained in the following:
(i) the AIP;
(ii) an AIP Amendment;
(iii) an AIP Supplement;
(iv) a permanent NOTAM;
(v) an aeronautical chart published by an AIS provider;
(vi) an aeronautical chart mentioned in subregulation 175.270(3) published by an aerodrome operator.
Penalty: 50 penalty units.
(2) Subregulation (1) does not apply if:
(a) the corresponding data, information or chart was:
(i) published by an AIS provider in contravention of subregulation 175.185(1); or
(ii) distributed by an AIS provider in contravention of subregulation 175.185(2) or (3); and
(b) the data service provider publishes or supplies the data, information or chart by the next effective AIRAC date following the publication or distribution of the corresponding data, information or chart.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (2): see subsection 13.3(3) of the Criminal Code.
(3) An offence against this regulation is an offence of strict liability.
175.375 Data service providers—compliance with licence agreement with AIS providers
A data service provider commits an offence if the provider contravenes a provision of a licence agreement, mentioned in regulation 175.190, entered into by the provider.
Penalty: 50 penalty units.
Division 175.C.6—Data service providers—organisational requirements
175.380 Data service providers—exposition
(1) The exposition of a data service provider must contain the following:
(a) the provider’s name (including any operating or trading name), address, contact details and ABN (if any);
(b) the location and address of:
(i) the provider’s operational headquarters; and
(ii) each of the provider’s operational facilities;
(c) the name of the provider’s accountable manager;
(d) a description and diagram of the provider’s organisational structure showing formal reporting lines;
(e) if the provider is a corporation—a description of the provider’s corporate structure;
(f) for each operational position, including each operational supervisory position, within the organisational structure:
(i) a statement of the duties and responsibilities of the position; and
(ii) the recent experience requirements for the position (if any); and
(iii) the qualifications required for the position (if any); and
(iv) the currency requirements (if any) for the qualifications;
(g) a description of how the provider determines the number of operational personnel, including operational supervisory personnel, required for the provider’s authorised data service activities;
(h) a description of the data service activities that the provider conducts;
(i) the area of coverage of the aeronautical data, aeronautical information and aeronautical charts covered by the activities;
(j) a description of the procedures that ensure that each of the provider’s authorised data service activities is provided in accordance with this Subpart;
(k) a description and an example of the formats used for the aeronautical data, aeronautical information and aeronautical charts published or supplied by the provider in conducting its authorised data service activities;
(l) a description of the format for the digital exchange or supply of aeronautical data;
(m) a description of the arrangements that ensure that the provider receives, on a daily basis, the aeronautical data and aeronautical information necessary for conducting the provider’s authorised data service activities;
(n) a description of the arrangements that ensure that the provider is able to continue to publish or supply aeronautical data or aeronautical information, in conducting its authorised data service activities, to persons who reasonably require the data or information;
(o) a copy of any licence agreement mentioned in regulation 175.190 entered into by the provider;
(p) a copy of any data product specification in relation to any aeronautical data that the provider receives from an AIS provider;
(q) a copy of the provider’s data, personnel and physical security program;
(r) a description of the processes and documents used to present to personnel the relevant aeronautical data and aeronautical information contained in the following:
(i) the AIP;
(ii) AIP Amendments;
(iii) AIP Supplements;
(iv) permanent NOTAM;
(v) aeronautical charts;
(vi) the provider’s instructions for conducting its authorised data service activities that relate to particular operational facilities;
(s) a description of the processes and documents used to present to personnel the relevant standards, rules and procedures contained in:
(i) the Part 175 Manual of Standards; and
(ii) the aeronautical data processing standards;
(t) a copy of each document that contains operational instructions for personnel;
(u) a description of the procedures that ensure all operational personnel are familiar with any operational changes that have occurred since they last performed operational duties;
(v) a description of the provider’s training and checking system, as required by regulation 175.400;
(w) a description of the provider’s safety management system, as required by regulation 175.405;
(x) a description of the provider’s quality management system, as required by regulation 175.410;
(y) a copy of the provider’s contingency plan, as required by regulation 175.420;
(z) a description of the provider’s record keeping procedures, as required by regulation 175.435;
(za) a description of the procedures used in commissioning new facilities, equipment and services;
(zb) a description of the procedures that ensure that all equipment, including software, is operated in accordance with the manufacturer’s operating instructions and manuals;
(zc) a description of the procedures for making changes.
(2) The provider commits an offence if:
(a) the provider does not keep the exposition in a readily accessible form; or
(b) operational personnel do not have ready access to the exposition; or
(c) CASA does not have ready access to the exposition; or
(d) the provider does not keep the exposition up‑to‑date.
Penalty: 50 penalty units.
175.385 Data service providers—organisational structure
A data service provider must have an appropriate organisation with a sound and effective management structure that enables the provider to conduct its authorised data service activities in accordance with its exposition and this Subpart.
175.390 Data service providers—personnel—general
A data service provider must have enough suitably competent, qualified and trained personnel to:
(a) enable the provider to conduct its authorised data service activities in accordance with its exposition and this Subpart; and
(b) supervise the conduct of each of its authorised data service activities.
175.395 Data service providers—personnel—accountable manager
A data service provider must have an accountable manager.
175.400 Data service providers—personnel—training and checking system for operational personnel
(1) A data service provider must have a training and checking system that ensures that the provider’s operational personnel maintain their competence and are provided with ongoing training appropriate to their duties.
(2) Without limiting subregulation (1), the training and checking system must ensure that each person who is a member of the provider’s operational personnel:
(a) is trained and proven to be proficient in the performance of the person’s duties; and
(b) meets the recent experience requirements (if any) under the provider’s exposition for the person’s position; and
(c) holds each qualification (if any) that is required under the provider’s exposition for the person’s position; and
(d) meets the currency requirements (if any) under the provider’s exposition for the qualifications.
175.405 Data service providers—safety management system
(1) A data service provider must have a safety management system that:
(a) is a systemic approach to managing safety; and
(b) integrates human factors principles; and
(c) includes the matters mentioned in subregulation (2).
(2) For paragraph (1)(c), the matters are the following:
(a) organisational structures, accountabilities, policies and procedures necessary to manage safety in a systemic way;
(b) a statement of the data service provider’s safety policy, objectives and planning, including details of the following:
(i) the management commitment to, and responsibility for, safety;
(ii) the safety accountabilities of managers;
(iii) the appointment of safety management personnel;
(iv) how human factors principles are integrated into the safety management system;
(v) a safety management system implementation plan;
(vi) relevant third party relationships and interactions;
(vii) coordination of an emergency response plan;
(viii) safety management system documentation;
(c) a safety risk management process, including:
(i) hazard identification processes; and
(ii) risk assessment and mitigation processes;
(d) a safety assurance system, including details of processes for:
(i) safety performance monitoring and measurement; and
(ii) internal safety investigation; and
(iii) management of change; and
(iv) continuous improvement of the safety management system;
(e) a safety training and promotion system, including details of the following:
(i) safety management system training and education;
(ii) safety management system safety communication.
175.410 Data service providers—quality management system
A data service provider must have a quality management system that:
(a) is based on the elements of the latest edition of the ISO 9001 standard, as in force from time to time, that are relevant to the processing, publication and supply of aeronautical data and aeronautical information for the provider’s authorised data service activities; and
(b) includes quality management procedures that address the quality management requirements mentioned in the aeronautical data processing standards.
175.415 Data service providers—facilities, equipment, data and information
(1) A data service provider must have the facilities and equipment that are necessary for conducting its authorised data service activities, including appropriate premises and equipment to allow operational personnel to perform their duties.
(2) A data service provider must provide its operational personnel with access to the aeronautical data and aeronautical information required for conducting its authorised data service activities.
175.420 Data service providers—contingency plan
(1) A data service provider must have a contingency plan that sets out the procedures to be followed if an authorised data service activity for the provider is interrupted.
(2) The contingency plan must include:
(a) the actions to be taken by personnel responsible for conducting the activity; and
(b) possible alternative arrangements for conducting the activity; and
(c) arrangements for resuming normal conduct of the activity.
175.425 Data service providers—reference materials
(1) A data service provider must have up‑to‑date copies of the following reference materials in a readily accessible form:
(a) the civil aviation legislation relevant to the conduct of the data service provider’s authorised data service activities;
(b) the AIP;
(c) any AIP Amendments;
(d) any AIP Supplements;
(e) any permanent NOTAM;
(f) any aeronautical charts published by an AIS provider;
(g) any aeronautical charts mentioned in subregulation 175.270(3) published by an aerodrome operator;
(h) the aeronautical data processing standards;
(i) any instructions issued by the provider to its personnel in relation to the conduct of the data service provider’s authorised data service activities;
(j) manuals for equipment used by personnel in the conduct of the provider’s authorised data service activities.
(2) The provider must ensure that operational personnel have ready access to the reference materials.
175.430 Data service providers—annual review by accountable manager
(1) A data service provider commits an offence if the provider’s accountable manager contravenes subregulation (2).
Penalty: 50 penalty units.
(2) For subregulation (1), the accountable manager must:
(a) conduct an annual review of the provider against the requirements of its exposition and this Subpart; and
(b) address any deficiencies that are identified during the review; and
(c) give CASA a report of the annual review, including:
(i) any significant deficiencies identified since any previous annual review; and
(ii) how the deficiencies are to be addressed.
175.435 Data service providers—records
(1) A data service provider must have procedures for making, collecting, indexing, storing, securing, maintaining, accessing and disposing of the following:
(a) records that identify all incoming and outgoing aeronautical data and aeronautical information;
(b) records that identify each person who is authorised by the provider to process, check, edit, publish or supply aeronautical data and aeronautical information;
(c) records that list the qualifications and competencies of personnel who process, check, edit, publish or supply aeronautical data and aeronautical information;
(d) records that identify each occurrence of an error or omission in:
(i) aeronautical data or aeronautical information that the provider receives; or
(ii) aeronautical data or aeronautical information that the provider publishes or supplies in conducting a data service activity;
(e) records that contain the results of any audit or review of the provider’s activities.
(2) The provider must ensure that a record mentioned in subregulation (1) is legible and permanent.
175.440 Data service providers—retention period for aeronautical data, aeronautical information and records
Aeronautical data and information
(1) A data service provider commits an offence if:
(a) the provider publishes or supplies aeronautical data or aeronautical information in conducting a data service activity; and
(b) the provider does not keep a copy of the data or information for at least 7 years after the data or information ceases to be effective.
Penalty: 50 penalty units.
Records
(2) A data service provider commits an offence if the provider does not keep a record mentioned in subregulation 175.435(1):
(a) if the record relates to aeronautical data or aeronautical information mentioned in subregulation (1)—for as long as the data or information is required to be kept; or
(b) otherwise—for at least 7 years after the record is made.
Penalty: 50 penalty units.
(3) An offence against this regulation is an offence of strict liability.
Subpart 175.D—Aeronautical information management—aeronautical data originators
Division 175.D.1—Aeronautical data originators—general
175.445 Aeronautical data originators—AIP responsible person and NOTAM authorised persons
AIP responsible persons
(1) An aeronautical data originator commits an offence if:
(a) the originator provides aeronautical data or aeronautical information to an AIS provider; and
(b) the originator has not appointed a single senior manager within the originator’s organisation as the AIP responsible person for the originator.
Penalty: 50 penalty units.
(2) An AIP responsible person is responsible for the provision of aeronautical data or aeronautical information, other than in NOTAMS, from the originator to an AIS provider.
(3) An aeronautical data originator commits an offence if:
(a) the originator appoints a person as the AIP responsible person for the originator; and
(b) the person does not have the knowledge and competence to carry out the responsibilities of an AIP responsible person.
Penalty: 50 penalty units.
NOTAM authorised persons
(4) An aeronautical data originator commits an offence if:
(a) the originator asks an AIS provider to issue, review or cancel a NOTAM; and
(b) the originator has not appointed a person in the originator’s organisation as a NOTAM authorised person for the originator.
Penalty: 50 penalty units.
(5) A NOTAM authorised person is responsible for requesting the issue, review and cancellation of NOTAMS for the originator.
(6) An aeronautical data originator commits an offence if:
(a) the originator appoints a person as a NOTAM authorised person for the originator; and
(b) the person does not have the knowledge and competence to request the issue, review and cancellation of NOTAMS.
Penalty: 50 penalty units.
175.450 Aeronautical data originators—telling AIS provider of AIP responsible person and NOTAM authorised persons
(1) An aeronautical data originator commits an offence if:
(a) the originator provides aeronautical data or aeronautical information to an AIS provider; and
(b) the originator has not told the AIS provider, in writing, of the following:
(i) the name of the AIP responsible person for the originator;
(ii) the names of the NOTAM authorised persons (if any) for the originator;
(iii) any changes (if any) to the persons who occupy the positions mentioned in subparagraphs (i) and (ii) since any previous provision of aeronautical data or aeronautical information to the AIS provider.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
175.455 Aeronautical data originators—requirement to provide updated aeronautical data or aeronautical information published other than in NOTAMS
(1) This regulation applies if an aeronautical data originator becomes aware of a change that is needed to aeronautical data or aeronautical information:
(a) for which the originator is responsible; and
(b) that has been published by an AIS provider:
(i) in the Integrated Aeronautical Information Package (other than in NOTAMS); or
(ii) on an aeronautical chart.
Note: The aeronautical data or aeronautical information for which the aeronautical data originator is responsible must be specified in a data product specification: see paragraph 175.160(4)(a).
(2) The originator commits an offence if the originator does not, as soon as practicable after becoming aware of the need for the change, provide the AIS provider with the following:
(a) updated aeronautical data or aeronautical information;
(b) the date the updated data or information becomes effective.
Penalty: 50 penalty units.
175.460 Aeronautical data originators—requirements in relation to providing aeronautical data or aeronautical information published other than in NOTAMS
(1) This regulation applies if an aeronautical data originator provides aeronautical data or aeronautical information to an AIS provider for publication:
(a) in the Integrated Aeronautical Information Package (other than in NOTAMS); or
(b) on an aeronautical chart.
Requirements for providing data or information
(2) The originator must:
(a) provide the data or information to the AIS provider in accordance with the requirements of the data product specification given to the originator by the AIS provider, including in relation to the standards for accuracy and resolution and timeframes; and
(b) provide the data or information so that the AIS provider can readily identify any changes from existing published data or information; and
(c) provide, with the data or information, a statement of any consultation undertaken under subregulation (4); and
(d) provide, with the data or information, any consequential changes that need to be made to other aeronautical data or aeronautical information published:
(i) in the Integrated Aeronautical Information Package (other than in NOTAMS); or
(ii) on aeronautical charts.
Note: Compliance with the timeframes specified in the data product specification allows the AIS provider to comply with regulation 175.185.
Additional requirement for Bureau of Meteorology
(3) If the originator is the Bureau of Meteorology, the originator must provide the data or information in accordance with the standards and format mentioned in Annex 3 to the Chicago Convention.
Consultation with aviation organisations about data or information
(4) If the data or information will cause an aviation organisation to make plans for changes to the organisation’s operations or procedures, the originator must, before providing the data or information to the AIS provider, consult the organisation about the data or information.
175.465 Aeronautical data originators—annual review of aeronautical data and aeronautical information
(1) An aeronautical data originator commits an offence if the originator contravenes subregulation (2).
Penalty: 50 penalty units.
(2) For subregulation (1), the originator must:
(a) review, at least annually, the aeronautical data and aeronautical information in the Integrated Aeronautical Information Package (other than in NOTAMS), and on aeronautical charts, for which the originator is responsible; and
(b) keep a record of a review mentioned in paragraph (a) for at least 3 years; and
(c) if CASA requests a copy of a record mentioned in paragraph (b)—comply with the request.
Note: The aeronautical data or aeronautical information for which the aeronautical data originator is responsible must be specified in a data product specification: see paragraph 175.160(4)(a).
(3) An offence against this regulation is an offence of strict liability.
175.470 Aeronautical data originators—requirements in relation to requests for issue of NOTAMS
(1) This regulation applies if:
(a) an aeronautical data originator becomes aware that a circumstance exists; and
(b) the circumstance is specified in a data product specification given to the originator by an AIS provider as a circumstance that requires the originator to ask the AIS provider to issue a NOTAM.
Requesting issue of NOTAM
(2) The originator must, as soon as practicable after becoming aware of the circumstance, ask the AIS provider to issue a NOTAM in accordance with the data product specification.
Changes to data and information to be readily identifiable
(3) If the request for a NOTAM will change any existing published aeronautical data or aeronautical information, the originator must ensure that the change can be readily identified.
Data and information to be suitable for publication
(4) The originator must ensure that the aeronautical data or aeronautical information included in the request for a NOTAM is suitable for publication in NOTAM format.
Consultation with aviation organisations about NOTAM
(5) If a NOTAM that the originator asks the AIS provider to issue will cause an aviation organisation to make plans for changes to the organisation’s operations or procedures, the originator must, before asking the AIS provider to issue the NOTAM, consult the organisation about the NOTAM.
Division 175.D.2—Aeronautical data originators—Geoscience Australia
175.475 Aeronautical data originators—responsibilities of Geoscience Australia
The Commonwealth of Australia as represented by Geoscience Australia is responsible for:
(a) providing AIS providers with magnetic variation updates; and
(b) providing AIS providers with terrain, topographic and cultural data, as mentioned in Annexes 4 and 15 to the Chicago Convention, for publication:
(i) in the Integrated Aeronautical Information Package; or
(ii) on an aeronautical chart.
Subpart 175.E—Aeronautical information management—objects and structures that affect aviation safety
175.480 Objects and structures that affect aviation safety—application of Subpart 175.E
This Subpart applies to an object or structure:
(a) that has a maximum height of at least 100 m above ground level; or
(b) that penetrates the obstacle limitation surface of an aerodrome; or
(c) that penetrates an obstacle data collection surface, as mentioned in Appendix 8 of Annex 15 to the Chicago Convention; or
(d) that is an obstacle that is required to be included on an Aerodrome Obstacle Chart—ICAO Type A, as mentioned in Annex 4 to the Chicago Convention; or
(e) that is an obstacle that is required to be included on an Aerodrome Obstacle Chart—ICAO Type B, as mentioned in Annex 4 to the Chicago Convention; or
(f) if AA requires data about the object or structure in the interests of aviation safety.
175.485 Objects and structures that affect aviation safety—requests for data by AA
(1) Under this Subpart, AA may request the following data about an object or structure:
(a) the person who owns, controls or operates the object or structure;
(b) the name, identification or designation of the object or structure;
(c) the type of object or structure, including whether the object or structure is a building, telecommunications tower or wind turbine;
(d) the geographic location of the object or structure;
(e) the height of the object or structure;
(f) the elevation above mean sea level of the object or structure;
(g) whether the object or structure is marked;
(h) if the object or structure is marked—how it is marked;
(i) whether the object or structure is lit;
(j) if the object or structure is lit—how it is lit;
(k) any other data that is necessary in the interests of aviation safety.
(2) A request for data under this Subpart must state the following:
(a) the format in which the data must be provided;
(b) that the request must be complied with within 28 days after receiving the request.
(3) A request for data under this Subpart may state other requirements in relation to the data (for example, the degree of accuracy or resolution of the data).
Extension of time for compliance
(4) The recipient of a request may, before the end of 28 days after receiving the request, ask AA for an extension.
(5) AA may, by written notice given to the recipient, grant the extension.
175.490 Objects and structures that affect aviation safety—requests for data from owners etc.
(1) AA may, by written notice given to a person who owns, controls or operates an object or structure, request the person to give AA data mentioned in subregulation 175.485(1) about the object or structure.
(2) A person commits an offence if:
(a) AA gives the person a request under this regulation; and
(b) the person does not comply with subregulation (3) or (4).
Penalty: 50 penalty units.
(3) For paragraph (2)(b), the person must comply with the request within:
(a) if AA grants an extension under subregulation 175.485(5)—the time stated in the notice of extension; or
(b) if paragraph (a) does not apply—28 days after receiving the request.
(4) For paragraph (2)(b), the person must specify the degree of accuracy of the data the person supplies.
(5) Subregulation (2) does not apply if:
(a) the person does not possess the data requested; and
(b) the person has taken all reasonable steps available to the person to obtain the data requested and has been unable to obtain the data.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (5): see subsection 13.3(3) of the Criminal Code.
(6) An offence against this regulation is an offence of strict liability.
175.495 Objects and structures that affect aviation safety—requests for data from aerodrome operators
(1) AA may, by written notice given to an aerodrome operator, request the operator to give AA data mentioned in subregulation 175.485(1), that the operator possesses, about an object or structure.
(2) An aerodrome operator commits an offence if:
(a) AA gives the operator a request under this regulation; and
(b) the operator does not comply with the request within:
(i) if AA grants an extension under subregulation 175.485(5)—the time stated in the notice of extension; or
(ii) if subparagraph (i) does not apply—28 days after receiving the request.
Penalty: 50 penalty units.
(3) An offence against this regulation is an offence of strict liability.
175.500 Objects and structures that affect aviation safety—requests for data from government authorities
(1) AA may, by written notice given to a Commonwealth, State, Territory or local government authority, request the authority to give AA data mentioned in subregulation 175.485(1), that the authority possesses, about an object or structure.
(2) The authority must comply with the request.
4 Part 202 (table of contents)
After the entry for Subpart 202.HD, insert:
Subpart 202.HE—Transitional provisions for Part 175 (Aeronautical information management)
Division 202.HE.1—Amendments made by the Civil Aviation Legislation Amendment (Part 175) Regulation 2014
202.960 Application of Subpart 175.B—AA
202.961 Application of Subpart 175.C—approvals under paragraph 233(1)(h) of CAR
202.962 Applications for approvals under paragraph 233(1)(h) of CAR made but not finally determined before 5 March 2015
202.963 Application of Subpart 175.C—data service providers
202.964 Expiry of Division 202.HE.1 at end of 4 March 2016
5 Before the heading to Subpart 202.HL
Insert:
Subpart 202.HE—Transitional provisions for Part 175 (Aeronautical information management)
Division 202.HE.1—Amendments made by the Civil Aviation Legislation Amendment (Part 175) Regulation 2014
202.960 Application of Subpart 175.B—AA
Provision of AIS without certificate
(1) Regulation 175.035 (Provision of AIS—requirement for certificate) does not apply to AA.
Licence agreements with data service providers
(2) The following regulations apply to AA in relation to a data service provider as if AA were an AIS provider:
(a) regulation 175.190 (AIS providers—licence agreements with data service providers for supply of data sets);
(b) regulation 175.195 (AIS providers—compliance with licence agreement).
(3) This regulation ceases to have effect at the earlier of the following:
(a) if CASA issues a certificate to AA under regulation 175.055;
(b) the end of 4 March 2016.
202.961 Application of Subpart 175.C—approvals under paragraph 233(1)(h) of CAR
(1) Despite the amendment of paragraph 233(1)(h) of CAR by the Civil Aviation Legislation Amendment (Part 175) Regulation 2014:
(a) an approval under that paragraph that was in force immediately before 5 March 2015 continues in force according to its terms; and
(b) CASA may vary, suspend, or cancel the approval as if that paragraph had not been amended.
(2) Regulation 175.270 (Conduct of data service activity—requirement for certificate) does not apply to an approval holder.
(3) This regulation ceases to have effect in relation to an approval holder at the earlier of the following:
(a) if CASA issues a certificate to the approval holder under regulation 175.295;
(b) the end of 4 March 2016.
202.962 Applications for approvals under paragraph 233(1)(h) of CAR made but not finally determined before 5 March 2015
(1) This regulation applies if, before 5 March 2015:
(a) a person applied for an approval under paragraph 233(1)(h) of CAR; and
(b) the application was not finally determined by CASA.
(2) CASA must determine whether CASA would have issued the approval to the person.
(3) If CASA determines that CASA would have issued the approval, CASA must grant the approval as if paragraph 233(1)(h) of CAR had not been amended by the Civil Aviation Legislation Amendment (Part 175) Regulation 2014.
(4) CASA may vary, suspend or cancel an approval as if paragraph 233(1)(h) of CAR had not been amended by the Civil Aviation Legislation Amendment (Part 175) Regulation 2014.
(5) Regulation 175.270 (Conduct of data service activity—requirement for certificate) does not apply to an approval holder.
(6) This regulation ceases to have effect in relation to an approval holder at the earlier of the following:
(a) if CASA issues a certificate to the approval holder under regulation 175.295;
(b) the end of 4 March 2016.
202.963 Application of Subpart 175.C—data service providers
(1) This regulation applies if:
(a) AA does not hold a certificate under regulation 175.055; and
(b) a person applies for, or is issued, a certificate under regulation 175.295.
(2) A reference in Subpart 175.C to an AIS provider is taken to be a reference to AA.
(3) This regulation ceases to have effect at the earlier of the following:
(a) if CASA issues a certificate to AA under regulation 175.055;
(b) the end of 4 March 2016.
202.964 Expiry of Division 202.HE.1 at end of 4 March 2016
(1) This Division expires at the end of 4 March 2016 as if it had been repealed by another regulation.
(2) The entries from and including the entry for this Division to and including the entry for this regulation in the table of contents for this Part expire at the end of 4 March 2016 as if they had been repealed by another regulation.
6 Part 1 of the Dictionary
Insert:
aeronautical data has the same meaning as in Annex 15 to the Chicago Convention.
aeronautical data originator means a person who has been given a data product specification under regulation 175.160 that is in force.
aeronautical data processing standards means:
(a) EUROCAE ED‑76; or
(b) RTCA/DO‑200A.
aeronautical fixed service has the same meaning as in Annex 11 to the Chicago Convention.
aeronautical information has the same meaning as in Annex 15 to the Chicago Convention.
AIP Amendment has the same meaning as in Annex 15 to the Chicago Convention.
AIP responsible person, for an aeronautical data originator, means a person appointed by the originator as an AIP responsible person under regulation 175.445.
AIP Supplement has the same meaning as in Annex 15 to the Chicago Convention.
AIRAC effective date means an AIRAC effective date published in ICAO Document 8126.
AIS provider means a person who holds a certificate under regulation 175.055.
ATS routes has the same meaning as in Annex 4 to the Chicago Convention.
authorised data service activity, for a data service provider, means a data service activity mentioned in the data service provider’s certificate issued under regulation 175.295.
data product specification has the same meaning as in Annex 15 to the Chicago Convention.
data service activity means any of the following:
(a) publishing aeronautical data;
(b) publishing aeronautical information;
(c) publishing an aeronautical chart;
(d) supplying aeronautical data in a database for use in navigation equipment or systems.
data service provider means a person who holds a certificate under regulation 175.295.
data set has the same meaning as in Annex 15 to the Chicago Convention.
EUROCAE ED‑76 means the latest version of EUROCAE ED‑76, Standards for Processing Aeronautical Data, issued by the European Organisation for Civil Aviation Equipment, as in force from time to time.
Note: EUROCAE ED‑76 could in 2014 be viewed on the EUROCAE website (http://www.eurocae.net).
ICAO Document 8126 means Document 8126‑AN/872 (Aeronautical Information Services Manual) approved and published by decision of the Council of the International Civil Aviation Organization, as in force from time to time.
ICAO Document 8697 means Document 8697‑AN/889 (Aeronautical Chart Manual) approved and published by decision of the Council of the International Civil Aviation Organization, as in force from time to time.
Integrated Aeronautical Information Package means a package, in hardcopy or electronic form, consisting of the following:
(a) the AIP;
(b) AIP Amendments;
(c) AIP Supplements;
(d) NOTAMS and pre‑flight information bulletins;
(e) aeronautical information circulars.
NOTAM authorised person, of an aeronautical data originator, means a person appointed by the originator as a NOTAM authorised person under regulation 175.445.
other AIS applicable ICAO documents means each of the following documents as approved and published by decision of the Council of the International Civil Aviation Organization, as in force from time to time:
(a) ICAO Document 4444‑ATM/501 (Procedures for Air Navigation Services—Air Traffic Management), subject to the differences mentioned in Gen 1.7 of Part 1 of the AIP;
(b) ICAO Document 7030 (Regional Supplementary Procedures);
(c) ICAO Document 7910 (Location Indicators);
(d) ICAO Document 8168 (PANS‑OPS), subject to the differences mentioned in Gen 1.7 of Part 1 of the AIP;
(e) ICAO Document 8400 (ICAO Abbreviations and Codes);
(f) ICAO Document 9432 (Manual of Radiotelephony);
(g) ICAO Document 9674 (World Geodetic System);
(h) ICAO Document 9905‑AN/471 (Required Navigation Performance Authorisation Required (RNP AR) Procedure Design Manual).
PANS‑AIM means the Procedures for Air Navigation Services‑Aeronautical Information Management approved and published by the Council of the International Civil Aviation Organization, as in force from time to time, subject to the differences mentioned in Gen 1.7 of Part 1 of the AIP.
Part 175 Manual of Standards means the Manual of Standards issued by CASA under regulation 175.025.
RTCA/DO‑200A means the latest version of RTCA/DO‑200A, Standards for Processing Aeronautical Data, issued by RTCA, Inc, as in force from time to time.
Note: RTCA/DO‑200A could in 2014 be viewed on the RTCA’s website (http://www.rtca.org).
