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provides, unless it has given CASA at least 7 days written notice that
the service is to be discontinued.
(2) Subregulation (1) does not apply if, having regard to the provider’s
circumstances:
(a) it was not reasonably practicable for the provider to give to
CASA at least 7 days notice; and
(b) the provider gives the notice as soon as reasonably practicable
before, on or after the day when the service is discontinued.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 — December 2004 Civil Aviation Safety Authority
Part 172 — 20
Subpart 172.E Miscellaneous
172.195 ATS provider must not provide unauthorised air traffic service
An ATS provider must not provide an air traffic service unless its
approval:
(a) is in force; and
(b) covers that service.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 — December 2004 Civil Aviation Safety Authority
Part 172 — 21
Subpart 172.F Administration
Note This Subpart is an interim measure while a separate Part dealing with
administration rules is being developed.
Division 172.F.1 Preliminary
172.200 Applicability of this Subpart
This Subpart:
(a) sets out certain administrative rules applying to CASA in its
administration of this Part; and
(b) includes certain generic provisions applying to anyone who
wants to become, or is, an ATS provider.
Division 172.F.2 Approvals
172.205 Joint applications not permitted
(1) An application purportedly made by 2 or more persons jointly is not a
valid application for any purpose.
(2) An application purportedly made by a partnership is not a valid
application for any purpose.
172.210 How to apply — application by individual applicant
(1) An individual must apply for approval as an ATS provider in the way
set out in this regulation.
(2) The application must be in writing.
(3) The application:
(a) must include any information required by or under these
Regulations; and
(b) must be accompanied by any document required by or under
these Regulations.
172.215 How to apply — application by corporation etc
(1) A legal person other than an individual must apply for approval as an
ATS provider in the way set out in this regulation.
(2) The application must be in writing.
(3) The application:
(a) must set out the applicant’s registered address and ACN; and
(b) must give the names and addresses of its officers; and
(c) must include any other information required by or under these
Regulations; and
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 — December 2004 Civil Aviation Safety Authority
Part 172 — 22
(d) must be accompanied by any document required by or under
these Regulations.
(4) In paragraph (3) (b):
officers of an applicant:
(a) if the applicant concerned is incorporated under the Corporations
Law — has the meaning given by section 82A of that Law; and
(b) in the case of any other applicant — means the people
responsible for its management and control, and includes
anybody with whose directions or wishes the applicant ordinarily
complies.
172.220 Who to apply to
An application must be made to CASA.
172.225 Application for approval cancelled previously
If an applicant for approval as an ATS provider has previously been
approved as an ATS provider, and the approval was cancelled for a
reason mentioned in regulation 172.315, the applicant must include
with the application any available evidence tending to show that the
applicant could now properly provide the air traffic services that it
proposes to provide.
172.230 CASA may require demonstrations of procedures or equipment
(1) CASA may ask an applicant, in writing, to conduct demonstrations of
its procedures or equipment to assess whether the applicant can
properly provide the air traffic services that it proposes to provide.
(2) The request must describe the demonstrations that the applicant is
required to conduct.
(3) The demonstrations must be conducted under the observations of an
officer authorised by CASA in writing for that purpose.
(4) If CASA asks an applicant to conduct a demonstration under
subregulation (1), CASA need not begin to consider, or may stop
considering, the application until the applicant conducts the
demonstration.
　
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