Chapter 1: Introduction

Section 1.1: General

1.1.1 Background

1.1.1.1 This Manual of Standards is made under regulation 172.022 in Part 172 of the Civil Aviation Safety Regulations 1998. Part 172 refers to the standards and methods to be used in regulating:

(a) how an entity becomes an ATS service provider, and includes:

(i) the functions of ATS providers;

(ii) who can provide these services;

(b) what is required to accompany an application for an ATS Provider’s Certificate;

(c) the requirements and standards for compliance, including:

(i) the Operations Manual;

(ii) aircraft separation;

(iii) the provider’s organisation, facilities and equipment, personnel, and check and training system, interface arrangements, safety management system and records; and

(d) discontinuance of the service.

1.1.2 Document Set

1.1.2.1 The document hierarchy consists of:

(a) the Civil Aviation Act 1988 (the Act); and

(b) the Civil Aviation Safety Regulations 1998 (CASRs); and

(c) this Manual of Standards (MOS); and

(d) Advisory Circulars (ACs).

1.1.2.2 The Act establishes the Civil Aviation Safety Authority (CASA) with functions relating to civil aviation, in particular the safety of civil aviation, and related purposes.

1.1.2.3 CASRs establish the regulatory framework (Regulations) within which all service providers must operate.

1.1.2.4 The MOS comprises specifications (standards) prescribed by CASA, of uniform application, determined to be necessary for the safety of air navigation. In those parts of the MOS where it is necessary to establish the context of standards to assist in their comprehension, the sense of parent regulations has been reiterated. The MOS is a disallowable legislative instrument. This means that it is a legislative instrument that becomes effective following registration on the Federal Register of Legislative Instruments (FRLI). It must be tabled in both Houses of Parliament within 6 sitting days following registration and is subject to scrutiny and disallowance by Parliament.

1.1.2.5 Readers should understand that in the circumstance of any perceived disparity of meaning between MOS and CASRs, primacy of intent rests with the regulations. Where there is any inconsistency between the regulations and the MOS, the regulations prevail.

1.1.2.6 Service providers must document internal actions (Rules) in their own operational manuals, to ensure the maintenance of and compliance with standards.

1.1.2.7 ACs are intended to provide recommendations and guidance to illustrate a means, but not necessarily the only means of complying with the Regulations. ACs may explain certain regulatory requirements by providing interpretive and explanatory materials. It is expected that service providers will document internal actions in their own operational manuals, to put into effect those, or similarly adequate, practices.