172.195 ATS provider must not provide unauthorised air traffic service
172.200 Applicability of this Subpart
172.205 Joint applications not permitted
172.210 How to apply — application by individual applicant
172.215 How to apply — application by corporation etc
172.220 Who to apply to
172.225 Application for approval cancelled previously
172.230 CASA may require demonstrations of procedures or equipment
172.235 Other things CASA can ask individual applicant to do — interview
172.240 Other things CASA can ask applicant to do — provide more information
172.245 Statutory declarations to verify applications
172.250 Matters that CASA may or must take into account
172.255 Statutory declarations to verify statements in submissions
172.260 When CASA must approve an applicant
172.265 When decision must be made
172.270 Notice of decision
172.275 Certificate about approval
172.280 Return of certificate if approval cancelled
172.285 Applicability of this Division
172.290 Application for variation
172.295 CASA’s power to vary condition of approval
Division 4 Directions to amend provider’s operations manual
172.300 CASA may direct amendments to provider’s operations manual
Division 5 Suspension and cancellation of approvals
172.305 Definition for this Division
172.310 Suspension of approval by show cause notice
172.315 Grounds for cancellation of approval
172.320 Notice to show cause
172.325 Cancellation of approval after show cause notice
172.330 Cancellation at request of ATS provider
172.005 Applicability of this Part
This Part:
(a) applies to a person that wants to become, or is, an ATS provider; and
(b) sets out certain administrative rules applying to CASA in its administration of this Part.
172.010 Definitions for this Part
airspace authority means:
(a) the body having the responsibility for making determinations under regulation 2.04, declarations under regulation 2.07 and designations under regulation 2.09 of the Air Services Regulations; or
(b) if another body is given that responsibility under other regulations having the same or similar effect — that body.
air traffic service means an air traffic service of a kind mentioned in Annex 11.
Annex 10 means Annex 10 to the Chicago Convention.
Annex 11 means Annex 11 to the Chicago Convention.
ICAO Doc. 4444 means Doc. 4444-RAC/501 (Procedures for Air Navigation Services – Rules of the Air and Air Traffic Services) approved and published by decision of the Council of the International Civil Aviation Organisation, as in force from time to time.
ICAO Doc. 7030 means Doc. 7030 (Regional Supplementary Procedures) approved and published by decision of the Council of the International Civil Aviation Organisation, as in force from time to time.
Manual of Standards means the document called ‘Manual of Standards (MOS) – Part 172’ published by CASA, as in force from time to time.
provider’s operations manual, in relation to an ATS provider, means the manual maintained by the provider under regulation 172.060.
172.015 What is an ATS provider
An ATS provider is a person approved, under Subpart F, to provide the air traffic services that are covered by the approval.
172.020 Providing air traffic service without approval
(1) A person that is not an ATS provider must not provide an air traffic service.
Subpart B Approval as an ATS provider
172.025 What an application must be accompanied by
An application, under Subpart F, for approval as an ATS provider must be accompanied by:
(a) a copy of the applicant’s operations manual; and
(b) a written statement setting out air traffic services that the applicant proposes to provide; and
(c) enough information to identify, for each air traffic service:
(i) the location from which the service is proposed to be provided; and
(ii) if the service is to be provided within particular airspace allocated to the applicant by the airspace authority — the airspace; and
(iii) if the service is to be provided for an aerodrome allocated to the applicant by the airspace authority — the aerodrome; and
(d) a written statement setting out the hours during which each traffic service is proposed to be available; and
(e) a written statement describing the arrangements the applicant has made to comply with the requirements of Subpart C.
172.030 When applicant is eligible for approval
For Subpart F, an applicant is eligible to become an ATS provider if the applicant is able to comply with the requirements of Subparts C and D or will be able to do so if the applicant is approved.
172.035 Approval subject to conditions
If an ATS provider’s approval is subject to conditions, the provider must comply with the conditions.
172.040 Approval not transferable
An approval is not transferable.
172.045 Certificate under Subpart F
A certificate issued under Subpart F to an ATS provider must, as well as including the information required by that Subpart:
(a) state the provider’s name and address of its principal place of business; and
(b) list the air traffic services covered by the provider’s approval; and
(c) identify, for each air traffic service:
(i) the location from which the service will be provided; and
(ii) if the service is to be provided within particular airspace allocated to the provider by the airspace authority — the airspace; and
(iii) if the service is to be provided for an aerodrome allocated to the provider by the airspace authority — the aerodrome.
172.050 How long approval remains in force
(1) An ATS provider’s approval:
(a) comes into force on the date stated in the certificate issued to the provider under Subpart F; and
(b) remains in force until it is cancelled.
(2) However, the approval is not in force during any period of suspension.
172.055 Variation of approvals
(1) If an ATS provider wants to vary its approval, it must apply to CASA, under Subpart F, for that purpose.
(2) The application must contain, or have with it, a copy of the proposed variation.
(3) If CASA approves the application under Subpart F, the variation takes effect:
(a) if a day is set out in the written notice given to the applicant under Subpart F — on that day; or
(b) if no day is set out — when the notice is given to the provider.
Subpart C Requirements to be complied with by ATS providers
Division 1 Operations manual
172.060 Operations manual
(1) An ATS provider must, at all times, maintain an operations manual that complies with the standards set out in the Manual of Standards.
. (2) The provider:
(a) must keep the manual in a readily accessible form; and
(b) must ensure that each member of its personnel who performs functions in connection with any air traffic service that it provides has ready access to the manual.
(3) The provider must amend the manual whenever it is necessary to do so to keep it in an up to date form.
(4) If the provider is given a direction, under regulation 172.300, to amend the manual, the provider must comply with the direction.
(5) The provider must ensure:
(a) that all the amendments are incorporated in all copies of the manual kept by the operator; and
(b) that copies of the amendments are given to CASA.
Division 2 Air traffic service
172.065 Standards for air traffic service
(1) An ATS provider must ensure that any air traffic service that it provides is provided in accordance with:
(a) the standards set out in the Manual of Standards; and
(b) the standards set out or referred to in Annex 11, as varied by Gen 1.7 of Part 1 of the AIP.
(2) However, the provider may deviate from the standards if an emergency, or other circumstance, arises that makes the deviation necessary in the interests of aviation safety.
(3) As soon as practicable, the provider must tell CASA of the deviation and how long it is likely to last.
An ATS provider must ensure that any air traffic service that it provides is provided in accordance with:
(a) the radiotelephony procedures set out in Parts 1 and 2 of the AIP; and
(b) the procedures for aeronautical telecommunications set out in Volume II of Annex 10, as varied by Gen 1.7 of Part 1 of the AIP.
172.075 ICAO Doc. 4444 and ICAO Doc. 7030
(1) An ATS provider must ensure that any air traffic service that it provides is provided in accordance with the procedures and rules set out in ICAO Doc. 4444, as varied by Gen 1.7 of Part 1 of the AIP.
(2) If a regional supplementary procedure set out in ICAO Doc. 7030 relates to an air traffic service that the provider provides, the provider must also ensure that the service is provided in accordance with that procedure.
(3) However, the provider may deviate from a procedure or rule mentioned subregulation (1), or a regional supplementary procedure mentioned in subregulation (2), if an emergency, or other circumstance, arises that makes the deviation necessary in the interests of aviation safety.
(4) As soon as practicable, the provider must tell CASA of the deviation and how long it is likely to last.
172.080 Compliance with provider’s operations manual
An ATS provider must ensure that any air traffic service that it provides is provided in accordance with its provider’s operations manual.
172.085 Priority of standards
If, apart from this regulation, an ATS provider would be required by this Division to ensure that any air traffic service that it provides is provided in accordance with a standard in the Manual of Standards and a standard in Annex 11, as varied by Gen 1.7 of Part 1 of the AIP, and it is not possible to comply with both standards, the provider is only required to ensure that the service is provided in accordance with the standard in the Manual.
172.090 Priority of inconsistent procedures
procedure includes rules.
(2) If, apart from this regulation, an ATS provider would be required by this Division to ensure that any air traffic service that it provides is provided in accordance with 2 or more procedures that are inconsistent, the provider is only required to ensure that the service is provided in accordance with whichever of the procedures has the highest priority.
(3) For this regulation, 2 or more procedures are inconsistent if:
(a) it is not possible to comply with both or all of the procedures; or
(b) they require the same, or substantially similar, action to be taken at different times or in a different way.
(4) The order of priority of a procedure is as follows (starting with those of highest priority):
(a) procedures in Parts 1 and 2 of the AIP;
(b) procedures for aeronautical telecommunications in Volume II of Annex 10, as varied by Gen 1.7 of Part 1 of the AIP;
(c) procedures in ICAO Doc. 7030;
(d) procedures in ICAO Doc. 4444, as varied by Gen 1.7 of Part 1 of the AIP;
(e) any procedures in the provider’s operations manual.
Division 3 Standards for facilities and equipment
172.095 Facilities and equipment
(1) An ATS provider must, at all times, make available for use by its personnel the equipment and facilities necessary for providing, in accordance with the standards set out in the Manual of Standards, the air traffic services covered by its approval.
(2) The equipment must include equipment of the kinds specified in the Manual of Standards.
(3) Any equipment and facilities mentioned in chapter 6 of Annex 11 that the provider uses in providing an air traffic service must comply with the standards of that chapter.
(4) If the provider uses a control tower in providing an air traffic service, the provider must ensure the control tower is designed, sited, constructed, equipped and maintained in accordance with the standards set out in the Manual of Standards.
Division 4 Organisation and personnel
172.100 Definition for this Division
trained, in relation to a member of an ATS provider’s personnel, means trained in accordance with any relevant requirements set out in the provider’s training and checking program mentioned in regulation 172.140.
172.105 Organisation
An ATS provider must, at all times, maintain an appropriate organisation with a sound and effective management structure to enable it to provide, in accordance with the standards set out in the Manual of Standards and the standards set out or referred to in Annex 11, the air traffic services covered by its approval.
172.110 Personnel
An ATS provider must have, at all times, enough suitably qualified and trained personnel to enable it to provide, in accordance with the standards set out in the Manual of Standards and the standards set out or referred to in Annex 11, the air traffic services covered by its approval.
172.115 Supervisory personnel
An ATS provider must have, at all times, enough suitably qualified and trained personnel who are able to supervise the provision of any air traffic service that it provides.
172.120 Qualifications for certain personnel
(1) An ATS provider must not give to a person responsibility for an air traffic control function to be performed in connection with any air traffic service that it provides unless:
(a) CASA has authorised the person to perform the function under regulation 65.035; or
(b) the person holds an ATC licence with a rating for the function and an endorsement for the controlled aerodrome for which, or the airspace in relation to which, the person performs the function; or
(c) the person performs the function under the supervision of another person who holds an ATC licence with a rating for the function and an endorsement for the controlled aerodrome for which, or the airspace in relation to which, the person performs the function.
(2) The provider must not give to a person responsibility for a flight service function to be performed in connection with any air traffic service that it provides unless:
(a) CASA has authorised the person to perform the function under regulation 65.050; or
(b) the person holds a flight service licence with a rating for the function and an endorsement for the aerodrome for which, or the airspace in relation to which, the person performs the function; or
(c) the person performs the function under the supervision of another person who holds a flight service licence with a rating for the function and an endorsement for the aerodrome for which, or the airspace in relation to which, the person performs the function.
(3) The provider must not give to a person responsibility for an air traffic control function to be performed in connection with any air traffic service that it provides if the person is subject to a direction under regulation 65.255.
(4) The provider must not give to a person responsibility for a flight service function to be performed in connection with any air traffic service that it provides if the person is subject to a direction under regulation 65.255.
Division 5 Arrangements to maintain service
172.125 Agreements with service providers
service provider means a person:
(a) that is approved, under Part 171, to provide a telecommunication service, radionavigation service, or both; and
(b) whose approval is in force.
(2) An ATS provider (other than an ATS provider that is also a service provider) must have an agreement with a service provider for any telecommunication service or radionavigation service that the service provider provides to the ATS provider.
(3) An agreement, under subregulation (2), must be in accordance with the standards set out in the Manual of Standards.
172.130 Agreements with aerodrome operators
vehicle includes boat.
(2) If an ATS provider (other than an ATS provider that is also an aerodrome operator) provides an air traffic service for a controlled aerodrome, the provider must have an agreement with the aerodrome operator covering the arrangements for controlling aircraft, vehicles and people on the manoeuvring area of the aerodrome.
(3) An agreement, under subregulation (2), must be in accordance with the standards set out in the Manual of Standards.
172.135 Arrangements for transfer of information
(1) An ATS provider must have, at all times, adequate arrangements to ensure that it gets, and will continue to get, the services and information necessary to provide the air traffic services covered by its approval.
(2) The provider must have, at all times, adequate arrangements to ensure that it is able, and will continue to be able, to provide information in connection with any of those air traffic services to another person whose duties or functions reasonably require that information.
Division 6 Management
172.140 Training and checking program
An ATS provider must, at all times, provide a training and checking program, in accordance with the Manual of Standards, to ensure that each member of its personnel who performs functions in connection with any air traffic service that it provides is competent to perform those functions.
172.145 Safety management system
(1) An ATS provider must have, and put into effect, a safety management system that includes the policies, procedures, and practices necessary to provide the air traffic services covered by its approval safely.
(2) The safety management system must be in accordance with the standards set out in the Manual of Standards.
(3) The provider must keep under review its safety management system and take such corrective action as is necessary to ensure that it operates properly.
172.150 Contingency plan
(1) An ATS provider must have a contingency plan, in accordance with the standards set out in the Manual of Standards, of the procedures to be followed if, for any reason, an air traffic service being provided by it is interrupted.
(2) The plan must include:
(a) the actions to be taken by the members of the provider’s personnel responsible for providing the service; and
(b) possible alternative arrangements for providing the service; and
(c) the arrangements for resuming normal operations for the service.
172.155 Security program
(1) An ATS provider must have, and put into effect, a security program that sets out the procedures designed to protect its personnel, and any facility and equipment that it uses, in providing any of its air traffic services.
(2) The security program must be in accordance with the standards set out in the Manual of Standards.
Division 7 Reference materials, documents, records and log books
172.160 Reference materials
(1) An ATS provider must maintain the following reference materials:
(a) copies of the Act and these Regulations;
(b) copies of Annex 11 and Volume II of Annex 10;
(c) a copy of ICAO Doc. 4444;
(d) if a regional supplementary procedure set out in ICAO Doc. 7030 relates to an air traffic service that the provider provides — a copy of ICAO Doc. 7030;
(e) a copy of the parts of the AIP that are relevant to any air traffic services that it provides;
(f) the Manual of Standards;
(g) all manuals and documents specified in the Manual of Standards;
(h) a copy of any instruction issued by it to its personnel in relation to the provision of its air traffic services.
(2) The provider must keep the reference materials up to date and in a readily accessible form.
(3) The provider’s personnel who perform functions in connection with any air traffic service that the provider provides must have ready access to the reference materials.
172.165 Documents and records
(1) An ATS provider must keep documents and records of the kinds specified in the Manual of Standards.
(2) A document or record must be retained for as long as the Manual specifies for the particular kind of document or record.
(3) The provider must, at CASA’s request, make the documents and records, or copies of them or extracts from them, available for inspection by CASA.
172.170 Document and record control system
(1) An ATS provider must establish, and put into effect, a system for controlling documents and records relating to the air traffic services that it provides, including the policies and procedures for making, amending, preserving and disposing those documents and records.
(2) The system must be in accordance with the standards set out in the Manual of Standards.
(3) The documents and records must include the documents and records required to be kept under regulation 172.165.
172.175 Logbooks
(1) An ATS provider must keep, for each air traffic service that it provides from a particular location, a logbook in accordance with the standards set out in the Manual of Standards.
(2) The provider must ensure that information of the kinds mentioned in the Manual is recorded in each logbook.
(3) The provider must, at CASA’s request, make each logbook, or a copy of it or an extract from it, available for inspection by CASA.
Division 8 Notice of air traffic service
172.180 Availability of air traffic service
(1) An ATS provider must give to the Aeronautical Information Service details of each air traffic service that it provides in particular airspace, or for a particular aerodrome, including the hours during which the service is available.
(2) An ATS provider must tell the Aeronautical Information Service about changes, interruptions or the unavailability of any of its air traffic services, if it is practicable to do so.
172.185 Advice on organisational changes
An ATS provider must tell CASA, in writing, of a change of circumstances that materially affects its capacity to provide any of its air traffic services within 7 days after the change occurs.
172.190 Discontinuing air traffic service
(1) An ATS provider must not discontinue an air traffic service that it 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.
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.
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.
172.205 Joint applications not permitted
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.
(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.
(a) must set out the applicant’s registered address and ACN; and
(b) must give the names and addresses of its officers; and
(d) must be accompanied by any document required by or under these Regulations.
(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
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.
172.235 Other things CASA can ask individual applicant to do — interview
(1) CASA may ask an individual who is an applicant, in writing, to come to a specified reasonable place at a specified reasonable time to be interviewed.
(2) If CASA asks an applicant to come for interview, under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant participates in the interview.
172.240 Other things CASA can ask applicant to do — provide more information
(1) If CASA reasonably needs more information or another document to allow it to consider an application, CASA may ask the applicant in writing to give it information, or a copy of a document, specified in the request.
(2) If CASA asks for more information, or a copy of a document, under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives it the information or copy.
172.245 Statutory declarations to verify applications
(2) If CASA asks an applicant to verify a statement under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives it the statutory declaration.
172.250 Matters that CASA may or must take into account
(c) the contents of any statutory declaration made by the applicant, or an officer of the applicant, under regulation 172.245; and
(d) any demonstration of procedures or equipment conducted by the applicant under regulation 172.230.
(a) tell the applicant, in writing, that it intends to do so, and the substance of what CASA intends to take into account; and
(b) invite the applicant, in writing, to make a written submission about the matter within a specified reasonable time.
(4) When deciding whether to approve an applicant previously approved as an ATS provider and whose approval was cancelled under regulation 172.325, CASA must take into account:
(c) any evidence of the kind mentioned in regulation 172.225 that the applicant submits.
172.255 Statutory declarations to verify statements in submissions
(1) CASA may ask an applicant, in writing, to verify any statement in a submission under subregulation 172.250 (3) by statutory declaration.
(3) If CASA asks an applicant to verify a statement under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives it the statutory declaration.
172.260 When CASA must approve an applicant
(1) Subject to section 30A of the Act, if an applicant has applied for approval as an ATS provider in accordance with this Part, CASA must approve the applicant if:
(a) the applicant is eligible to be approved; and
(b) any other requirements for the approval by or under these Regulations by or in relation to the applicant are satisfied; and
(c) no provision of these Regulations forbids CASA to approve the applicant, or makes the applicant ineligible for the approval; and
(d) approving the applicant would not be likely to have an adverse effect on the safety of air navigation.
(2) CASA may approve the applicant for only some of the air traffic services sought in the application.
(3) However, CASA must refuse an application for an approval for an air traffic service to be provided in particular airspace, or for a particular aerodrome, if anyone else who is an ATS provider already provides that service in that airspace or for that aerodrome.
(4) CASA may approve the applicant subject to any condition necessary in the interests of the safety of air navigation.
172.265 When decision must be made
(1) If CASA does not make a decision about an application within the period mentioned in subregulation (2) after receiving it, CASA is taken to have refused the application.
(2) The period is 6 months.
(3) However, if CASA makes a request under regulation 172.230, 172.235 or 172.240, the time between when CASA makes the request, and when the applicant conducts the demonstration, comes in for interview, or gives CASA the information or copy requested, does not count towards the period.
(4) Also, if CASA asks an applicant to make a statutory declaration under regulation 172.245 or 172.255, the time between when CASA asks the applicant to do so and when the applicant gives CASA the statutory declaration does not count towards the period.
(5) Also, if CASA invites an applicant to comment under subregulation 172.250 (2), the time between when CASA gives the invitation and when the applicant comments does not count towards the period.
172.270 Notice of decision
(b) if the decision was to refuse the application, or to approve the applicant subject to a condition not sought by the applicant — the reasons for the decision.
172.275 Certificate about approval
(1) If CASA approves an applicant as an ATS provider, CASA must issue to the applicant a certificate setting out:
172.280 Return of certificate if approval cancelled
(1) If CASA has issued a certificate about an approval, and the approval is cancelled, the person to whom the certificate was issued must return it to CASA immediately.
Note A person is not guilty of an offence of failing to do something that he or she is not capable of doing: see section 4.2 of the Criminal Code.
(3) It is a defence to a charge of contravening subregulation (1) that the defendant returned the certificate to CASA as soon as practicable.
172.285 Applicability of this Division
This Division applies in relation to variation of an approval (including imposing, removing or varying a condition applicable to the approval).
172.290 Application for variation
(1) An ATS provider may apply to CASA to vary its approval.
(2) Division 2 applies to the application except that the provider need not give CASA information, or a document, that the provider has already given to CASA.
172.295 CASA’s power to vary condition of approval
(1) If necessary in the interests of the safety of air navigation, CASA may impose a condition on, or vary a condition of, an ATS provider’s approval.
(2) CASA must give the provider written notice of the imposition or variation, and must specify a reasonable period within which the provider may make a submission in relation to the imposition or variation.
Division 4 Directions to amend provider’s operations manual
172.300 CASA may direct amendments to provider’s operations manual
(1) If necessary in the interests of the safety of air navigation, CASA may direct an ATS provider, in writing, within a reasonable period specified in the direction, to amend its provider’s operations manual in a way specified in the direction.
(2) CASA may extend the period by written notice, before or after the end of the period referred to in subregulation (1).
Division 5 Suspension and cancellation of approvals
172.305 Definition for this Division
show cause notice means a notice under regulation 172.320.
172.310 Suspension of approval by show cause notice
(1) CASA may state, in a show cause notice, that an ATS provider’s approval is suspended if CASA reasonably considers that not suspending the approval would be likely to have an adverse effect on the safety of air navigation.
(2) If a show cause notice states that the approval is suspended, the approval is suspended from when the notice is given to the provider.
(4) If CASA has not cancelled the approval under regulation 172.325, within 90 days after the day the show cause notice is given to the provider, the suspension lapses at the end of that period.
172.315 Grounds for cancellation of approval
It is grounds for the cancellation of an ATS provider’s approval if the provider:
(c) does not meet, or continue to meet, a requirement of this Part for getting the approval; or
(d) has otherwise been guilty of conduct that renders the provider’s continued holding of the approval likely to have an adverse effect on the safety of air navigation.
172.320 Notice to show cause
(1) CASA may give an ATS provider a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that amount to grounds for the cancellation of the provider’s approval.
(b) invite the provider to show in writing, within a reasonable period stated in the notice, why the approval should not be cancelled.
172.325 Cancellation of approval after show cause notice
(1) CASA may cancel an ATS provider’s approval only if:
(b) CASA has given the provider a show cause notice in relation to the grounds for the proposed cancellation; and
(c) CASA has taken into account any written representations made, within the period stated in the notice, by or on behalf of the provider; and
(2) If CASA has given a show cause notice to an ATS provider, and it decides not to cancel the provider’s approval, it:
(a) must tell the provider, in writing, of the decision; and
172.330 Cancellation at request of ATS provider
(1) Despite anything else in this Part, CASA must cancel an ATS provider’s approval if asked to do so, in writing, by the provider.
(2) The cancellation takes effect when the request is given to CASA, or if a later day is stated in the request, on the later day.
[6] Dictionary, Part 1
insert the following definitions in the appropriate alphabetical position (determined on a letter-by-letter basis)
air traffic control function means a function described in a paragraph of subregulation 65.075 (2).
ATC licence means an air traffic controller licence granted under Part 65.
ATS provider has the meaning given by regulation 172.015.
ATS training provider has the meaning given by regulation 143.015.
flight service function means the function described in subregulation 65.130 (2).
flight service licence means a licence by that name granted under Part 65.