Chapter 1: Introduction

Section 1.1: General

1.1.1 Background

1.1.1.1 The Air Traffic Services (ATS) licensing structure expanded in this document is established by Civil Aviation Safety Regulations and reflects Australia’s commitment to the International Civil Aviation Organization (ICAO) Standards and Recommended Practices (SARPs).

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) the 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 for 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 instrument. This means that it is a legislative instrument that becomes effective following registration on the Federal Register of Legislative Instruments and it must be tabled in both Houses of Parliament within six sitting days from when it was registered 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.

1.1.3 Differences between ICAO Standards and those in MOS

1.1.3.1 Notwithstanding the above, where there is a difference between a standard prescribed in ICAO documents and the Manual of Standards (MOS), the MOS standard shall prevail.