CASA OAR 168/22 – Declarations and Directions in relation to Prohibited, Restricted and Danger Areas etc. – Permanent Instrument 2022 (No. 1)
7Determination and direction that ATS are at variance with Annex 11
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7 Determination and direction that ATS are at variance with Annex 11
(1) This section applies for an aircraft in a declared restricted area, a declared danger area, a directed notional restricted area, and a directed notional danger area described in a Schedule mentioned in the Table (a relevant area).
(2) In accordance with Annex 11 to the Chicago Convention, I determine or direct, as the case requires, that the ATS to be provided to the aircraft for the airspace of a relevant area are services that are at variance with the ATS that would otherwise be provided for that airspace in accordance with the Annex, only when the variance for the area is published in the AIP or a NOTAM.
Note CASA may determine such variance but only if it were in conformity with the Chicago Convention processes.