Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.335

  (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.