6 Transitional — aircraft registered under
CAR 1988
(1) An aircraft whose registration under CAR
1988 was current immediately before the
commencement of this regulation is taken to be
registered under Part 47 of CAR 1998.
(2) Its registration may be cancelled under
Part 47 of CAR 1998.
(3) If its registration under CAR 1988 was for a
particular period, its registration, unless sooner
cancelled, remains in force until the end of that
period.
(4) The certificate of registration, or a copy
of the certificate of registration, issued under
CAR 1988 for the aircraft is taken to be a
certificate of registration, or a copy of such a
certificate, issued under Part 47 of CAR 1998.
(5) Also, the person who was the holder of the
aircraft's certificate of registration immediately
before this regulation commenced (within the
meaning of CAR 1988 as in force at that time) is
taken, for CAR 1998, to be the aircraft's
registration holder.
7 Transitional — application for
registration of an aircraft pending
immediately before commencement of Part 47
(1) This regulation applies if:
(a) immediately before the commencement of this
regulation, an application for the registration of
an aircraft was pending under CAR 1988;
(b) the application was in accordance with
Division 2 of Part 3 of those Regulations as then
in force.
(2) The application is taken to be an
application for the registration of the aircraft
made, on the commencement of this regulation, in
accordance with Part 47 of CAR 1998.
8 Transitional — registration marks
reserved for assignment under
CAR 1988
(1) This regulation applies if, before the
commencement of this regulation, CASA had:
(a) reserved, under subregulation 16 (3) of CAR
1988, a group of symbols for
assignment to an aircraft as its registration
mark; and
(b) given written notice of the reservation to
the person who requested it.
(2) CASA is taken, for Part 47 of CAR 1998, to
have assigned to the aircraft a registration mark
consisting of the group of symbols. 1
1 Page
2 3
Subpart A General
47.000 Make-up of this Part
This Part is made up as follows:
Subpart A General
47.000 Make-up of this Part
47.005 Applicability of this Part
Subpart B The Civil Aircraft Register
47.010 Civil Aircraft Register
47.015 Register to be accessible to public
47.020 Alteration or correction of register
Subpart C Assignment of registration marks
to aircraft
47.025 Requests for assignment of registration
marks to aircraft
47.030 Assignment of registration marks
47.035 Assignment of registration mark to aircraft
if no request made before
application for registration
47.040 What registration marks may be assigned
Subpart D Registration of aircraft
47.045 Meaning of owner for this
Subpart
47.050 Applying for registration
47.055 Information and documents required for
registration
47.060 Confirmation of oral application
47.065 CASA may ask for further information
47.070 Registration of aircraft
47.075 Interim certificate of registration
47.080 Issue of certificate of registration
47.085 Certificate of registration to be carried
on board
47.090 Notice of error or change in information in
Register
47.095 Replacement certificate of registration
47.100 Loss etc of certificate of registration
47.105 Cancellation of registration
47.110 Return of certificate of registration
47.115 Service of notices
Subpart E Dealer's marks
47.120 Meaning of aircraft dealer for
this Subpart
47.125 Assignment of dealer's marks
47.130 What marks may be assigned to dealers
47.135 Register of dealer's marks
47.140 How long assignment to dealer remains in
effect
47.145 Certificate of assignment of dealer's mark
47.150 Loss of certificate of assignment of
dealer's mark
47.155 Dealer's plate
47.160 Use of dealer's marks
47.165 Annual report to CASA on aircraft using
dealer's marks
47.170 Revocation of assignment of dealer's mark
etc 2
2 Page
3 4
Subpart F Exemption from registration
47.175 Aircraft not required to be registered
Subpart G Registration agents
47.180 Authorisation of registration agent
47.185 Failure of registration agent to comply
with this Part
47.005 Applicability of this Part
(1) This Part sets out:
(a) how aircraft are registered; and
(b) how registration marks are assigned to
aircraft.
(2) It also sets out how dealer's marks are
assigned to manufacturers, distributors and
dealers of aircraft, and regulates their use.
(3) It prescribes the cases where an aircraft
is not required to be registered for the purposes
of paragraph 20AA (1) (a) of the Act.
(4) Finally, it allows the appointment of
registration agents to register particular kinds
of aircraft on CASA's behalf.
Subpart B The Civil Aircraft Register
47.010 Civil Aircraft Register
(1) The Aircraft Register mentioned in
regulation 8 of CAR 1988 continues in existence
under the name Civil Aircraft Register.
(2) CASA must keep the Civil Aircraft Register,
or ensure that it is kept, in accordance with this
Subpart.
(3) Entries made in the Aircraft Register under
Part III of CAR 1988 are incorporated in, and form
part of, the Civil Aircraft Register.
(4) Entries made by a registration agent of
registrations by the agent are also incorporated
in, and form part of, the Civil Aircraft Register.
47.015 Register to be accessible to public
(1) CASA must make the Civil Aircraft Register
available for inspection by members of the public
at reasonable times and places, and subject to reasonable conditions.
(2) CASA may comply with subregulation (1) by
making the information in the Civil Aircraft
Register accessible on the Internet.
47.020 Alteration or correction of register
(1) CASA must alter the information recorded
in the Civil Aviation Register if an entry in the
Register is not up to date.
(2) CASA must correct the information in that
Register if there is an error in an entry in it.
3
3 Page
4 5
(3) If CASA has appointed a registration agent to
register aircraft of a particular kind, in
relation to information or an entry about an
aircraft of that kind, this
regulation has effect as if the references in
subregulations (1) and (2) to CASA were references
to the agent.
Subpart C Assignment of registration marks
to aircraft
47.025 Requests for assignment of registration
marks to aircraft
(1) Before applying for the registration of an
aircraft, the owner of the aircraft, or the
owner's agent, may ask CASA in writing to assign a
registration mark to the aircraft.
(2) The request must:
(a) if the aircraft is not an amateur-built
aircraft or a kit-built aircraft — set out the
aircraft's make, type, model and serial number; or
(b) if the aircraft is an amateur-built
aircraft or a kit-built aircraft — include:
(i) a description of the aircraft that identifies
it by reference to its class, its type, make and
model, its serial number, the number of
seats in the aircraft and (if applicable) how many
engines it has; and
(ii) a statement whether the aircraft is built
for land or water operation.
Note For amateur-built aircraft,
kit-built aircraft, type and model see
the Dictionary.
(3) If CASA has appointed a registration agent to
register aircraft of a particular kind, in
relation to an aircraft of that kind this
regulation has effect as if the references in subregulations (1) and (2) to
CASA were references to the agent.
47.030 Assignment of registration marks
(1) On receiving a request in accordance with
regulation 47.025, CASA or a registration agent
must assign a registration mark to the aircraft
concerned.
Note About registration marks generally
see Part 45.
(2) If the aircraft is not registered within 12
months after the day on which the registration
mark was assigned to it, the assignment lapses.
47.035 Assignment of registration mark to
aircraft if no request made
before application for registration
(1) If CASA has not assigned a registration
mark to an aircraft, and a person applies for the
aircraft's registration, CASA must assign a
registration mark to the aircraft before registering it.
(2) If CASA has appointed a registration agent to
register aircraft of a particular kind, in
relation to an aircraft of that kind this
regulation has effect as if the references in subregulation (1) to CASA were
references to the agent. 4
4 Page
5 6
47.040 What registration marks may be assigned
(1) CASA or a registration agent must not
assign to an aircraft:
(a) the registration mark of an Australian
aircraft; or
(b) a registration mark that has been assigned to
an unregistered aircraft under regulation 47.030;
or
(c) a mark that has been assigned to a dealer;
or
(d) a mark that might be confused with:
(i) any 5-letter combination used in Part II of
the International Code of Signals; or
(ii) any 3-letter combination beginning with Q
used in the Q Code; or
(iii) the distress signal SOS; or
(iv) any urgency or safety signal (for example,
AAA, XXX, PAN and TTT).
(2) The characters in a registration mark must
be either:
(a) capital letters in the Latin alphabet; or
(b) Arabic numerals.
Subpart D Registration of aircraft
47.045 Meaning of owner for
this Subpart
In this Subpart:
owner of an aircraft means the
person responsible for its maintenance and
airworthiness (whether the person is the
aircraft's legal owner or because of an
arrangement that makes the person responsible for
its maintenance and airworthiness).
47.050 Applying for registration
(1) If the owner of an aircraft is a qualified
person, the owner may apply for the registration
of the aircraft.
(2) In subregulation (1):
qualified person means:
(a) an individual who:
(i) is an Australian citizen; or
(ii) holds a permanent visa (within the meaning of
the Migration Act 1958); or
(b) a corporation incorporated under the
Corporations Law of a State or Territory; or
(c) a body incorporated under a law (other than
the Corporations Law of a State or Territory) in
force in Australia; or
(d) the Commonwealth, a State or a Territory, or
an agency of the Commonwealth, a State or a
Territory; or
(e) a foreign corporation that is lawfully
carrying on business in Australia. 5
5 Page
6 7
(3) The application is to be made:
(a) if CASA has appointed a registration agent to
register aircraft of the same class as that of the
aircraft for which registration is sought — to
that agent; or
(b) in any other case — to CASA.
(4) The application may be made by another
person acting on the owner's behalf at the owner's
direction or request.
(5) An application to CASA may be made either
orally (by telephone or in person) or in writing,
but an application to a registration agent must be
made in writing.
Note If an aircraft is registered on the
basis of an oral application, and the application
is not confirmed in writing within 14 days, the
registration must be cancelled — see rr 47.060
and 47.105.
(6) If the application is in writing:
(a) it must be made in duplicate on the form
provided by CASA for the purpose; and
(b) the owner must send or give both copies to
CASA or the registration agent (as the case
requires).
(7) The application (whether oral or in
writing) must include the information mentioned in
regulation 47.055, and be accompanied by any
documents required by that regulation.
47.055 Information and documents required
for registration
(1) The information about the aircraft is the
following:
(a) the owner's name and address;
(b) if the application is made by a person other
than the owner — the name and address of the
person making the application: and
(c) if it is not an amateur-built aircraft or a
kit-built aircraft — a description of it,
including its manufacturer, its type and model as
designated by its
manufacturer and the serial number given to it by
its manufacturer;
(d) if it is an amateur-built aircraft or a
kit-built aircraft:
(i) a description of it including its class, type,
make and model, its serial number, the number of
seats in it and (if applicable) the number of engines installed; and
(ii) whether it is built for land or water
operation;
(e) if a registration mark has been assigned to it
— the registration mark;
(f) if it has previously been registered (whether
in Australia or in another country):
(i) the name of the country in which it was
registered (or, if it has been registered in 2 or
more countries, the country in which it
was most recently registered); and
(ii) the registration mark given to it in that
country; and
(g) if the owner or any of the owners is an
individual — his or her age; and
(h) if the registration is required for a
particular period only:
(i) the period; and 6
6 Page
7 8
(ii) the reason for the requirement.
(2) If the owner is a corporation, the address
given for it must be an address to which notices
can be sent, and need not be its registered
address under the Corporations Law.
(3) If the application is in writing, it must be
accompanied by a copy of any document or
instrument that creates, or is evidence of, the
arrangement under which the owner is responsible for the
aircraft's airworthiness and maintenance.
(4) The application must also be accompanied by
a declaration that:
(a) the aircraft has not previously been
registered in Australia or another country (if
that is the case); and
(b) the aircraft is not a foreign registered
aircraft; and
(c) the aircraft is intended to be used as an
aircraft.
Note 1 For amateur-built aircraft,
class or aircraft, kit-built
aircraft, type and model see the
Dictionary.
Note 2 For foreign registered
aircraft see subsection 3 (1) of the Act.
47.060 Confirmation of oral application
(1) A person who has applied orally for the
registration of an aircraft must send or give CASA
a written confirmation of the application.
(2) The confirmation:
(a) must be in an approved form; and
(b) must be received by CASA within 14 days after
the day on which the oral application was made.
(3) If the applicant has not given CASA a
document required by regulation 47.055 to be given
to CASA when an application is made in writing,
the applicant must attach the document to the
confirmation.
47.065 CASA may ask for further information
(1) If CASA reasonably requires information or
a document to enable it to consider the
application, CASA may ask the owner, in writing,
to give CASA the information or a copy of the
document.
Note For owner, see r 47.045.
(2) CASA must describe the information or
document in the request.
(3) CASA may refuse to consider, or cease
considering, the application until the owner
complies with the request.
(4) If CASA has appointed a registration agent
to register aircraft of a particular kind, in
relation to an application for registration of
such an aircraft this
regulation has effect as if the references in
subregulations (1), (2) and (3) to CASA were
references to the agent. 7
7 Page
8 9
47.070 Registration of aircraft
(1) CASA must register an aircraft if:
(a) an application for the registration of the
aircraft has been made in the way required by
regulation 47.050; and
(b) the owner of the aircraft (if he or she is
an individual) is at least 18 years old; and
(c) the applicant has declared that the aircraft
is intended to be used as an aircraft; and
(d) the aircraft is not registered in Australia or
under the law of:
(i) a Contracting State; or
(ii) another foreign country that has an agreement
with Australia that allows an aircraft registered
under the law of that country to be operated in Australia.
Note For Contracting State see
s 3 (1) of the Act. For owner, see r
47.045.
(2) CASA registers an aircraft by entering the
following information about the aircraft in the
Civil Aircraft Register:
(a) its type, make, model and serial number;
(b) the registration mark (if any) assigned to it
under Subpart D;
(c) if the registration is for a particular period
— a statement to that effect, including the day
on which the registration ends;
(d) the name and address of its owner;
(e) if the application for registration was made
by an agent of the owner — the agent's name and
address;
(f) the day on which it was registered.
Note For type and model
see the Dictionary.
(3) CASA may register an aircraft for a
particular period if it is appropriate to do so,
having regard to all the circumstances.
(4) In particular, CASA may register an
aircraft for a period at the end of which:
(a) the aircraft will be taken out of Australia;
or
(b) the owner's interest in the aircraft will end.
(5) Registration of an aircraft has effect
until:
(a) if CASA registers the aircraft for a
particular period — the end of that period; or
(b) it is cancelled.
(6) If CASA has appointed a registration agent to
register aircraft of a particular kind, in
relation to such an aircraft this regulation has
effect as if the references in subregulations (1), (2), (3), (4)
and (5) to CASA were references to the agent.
47.075 Interim certificate of registration
(1) If CASA registers an aircraft on the basis
of an oral application, the applicant must prepare
and sign an interim certificate of registration
for the aircraft. 8
8 Page
9 10
(2) The interim certificate must be in an approved
form.
(3) If CASA registers an aircraft on the basis of
an oral application, its registration holder is
guilty of an offence punishable by a fine of 50
penalty units if the registration holder permits
the aircraft to be taken outside Australian
territory before CASA issues a certificate of
registration for the aircraft.
47.080 Issue of certificate of registration
(1) When CASA registers an aircraft, it must
give a certificate of registration for the
aircraft to its registration holder.
Note The form of the certificate of
registration is set out in section 7 of Annex 7, Aircraft
Nationality and Registration Marks, to the
Chicago Convention.
(2) If the registration is for a particular
period, the certificate must specify the day on
which the registration ends.
(3) If CASA has appointed a registration agent
to register aircraft of a particular kind, in
relation to such an aircraft this regulation has
effect as if the
references in subregulations (1) and (2) to CASA
were references to the agent.
47.085 Certificate of registration to be
carried on board
The registration holder of an aircraft must
ensure that the aircraft's certificate of
registration (or, if the original certificate has
been lost, stolen or destroyed or so damaged that
the information on it cannot easily be read, a
true copy of it issued under regulation 47.100) is
carried on board.
Penalty: 20 penalty units.
47.090 Notice of error or change in information
in Register
(1) If an aircraft's registration holder finds
out that anything in the Civil Aircraft Register
in relation to the aircraft was not, or is no
longer, correct, the registration holder must tell
CASA in writing, within 14 days after finding out,
about the change that should be made.
(2) In particular, if an aircraft's
registration holder is a corporation, and its
address for service changes, the corporation must
tell CASA in writing, within 14 days after the
change, about the new address for service.
(3) If an aircraft's registration holder does not
comply with subregulation (1) or (2), the
registration holder is guilty of an offence
punishable by a fine of 20 penalty units.
(4) If CASA has appointed a registration agent to
register aircraft of a particular kind, in
relation to such an aircraft this regulation has
effect as if the references in subregulations (1)
and (2) to CASA were references to the agent.
9
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10 11
47.095 Replacement certificate of registration
(1) Subregulation (2) applies if:
(a) CASA has changed anything in the Civil
Aircraft Register about an aircraft; and
(b) the certificate of registration for the
aircraft does not show the correct information.
(2) CASA must:
(a) give the aircraft's registration holder
another certificate of registration for the
aircraft that shows the correct information; and
(b) ask the registration holder in writing to
return the old certificate to CASA.
(3) If an aircraft's registration holder does
not return the old certificate within 14 days from
the date of the request, the registration holder
is guilty of an
offence punishable by a fine of 20 penalty units.
(4) If CASA has appointed a registration agent to
register aircraft of a particular kind, in
relation to such an aircraft this regulation has
effect as if the references in subregulations (1) and (2) to
CASA were references to the agent.
47.100 Loss etc of certificate of
registration
(1) CASA must, on written application by an
aircraft's registration holder, give the
registration holder a copy of the aircraft's
certificate of registration if the certificate, or a copy of it previously given
by CASA:
(a) has been lost, stolen or destroyed; or
(b) is so damaged that information on it is no
longer clearly legible.
(2) If the application is made because a
certificate or copy has been damaged, the
registration holder must return the damaged
certificate or copy to CASA when the registration holder receives the new
certificate.
(3) The copy given under subregulation (1) must
state that it is a true copy of the original
certificate.
(4) If CASA has appointed a registration agent
to register aircraft of a particular kind, in
relation to such an aircraft this regulation has
effect as if the references in subregulations (1) and (2) to CASA
were references to the agent.
47.105 Cancellation of registration
(1) CASA must cancel the registration of an
aircraft if:
(a) the aircraft's registration holder applies in
writing for the registration to be cancelled; or
(b) the aircraft is totally destroyed or
scrapped; or
(c) a person other than the registration holder
becomes its owner, and does not apply to become
the aircraft's registration holder within 14 days after becoming its owner; or 10
10 Page
11 12
(d) CASA finds out that the aircraft is registered
under the law of another country.
Note For owner, see r 47.045.
(2) If the aircraft was registered following an
oral application, CASA must also cancel the
registration if:
(a) CASA does not receive a written
confirmation of the application in an approved
form within 14 days after the day on which the
oral
application was made; or
(b) it receives, within that period, a document
purporting to be such a confirmation that:
(i) does not include all the information
mentioned in subregulation 47.050 (5); or
(ii) includes any such information that differs in
a significant way from the corresponding
information given orally to CASA; or
(c) it does not receive, within that period, a
copy of any document that, under regulation
47.050, the applicant is required to give it.
(3) CASA cancels the registration of aircraft
by making an entry to that effect in the Civil
Aircraft Register.
(4) CASA must tell the aircraft's former
registration holder in writing about the
cancellation, setting out the day on which the
registration was cancelled.
(5) If CASA has appointed a registration agent to
register aircraft of a particular kind, in
relation to such an aircraft this regulation has
effect as if:
(a) the references in subregulations (1), (3) and
(4) to CASA were references to the agent; and
(b) subregulation (2) were omitted.
47.110 Return of certificate of registration
(1) If the registration of an aircraft has
ended or has been cancelled, the person who was
the registration holder of the aircraft
immediately before the registration ended or was cancelled must,
within 60 days after the registration ended or was
cancelled:
(a) send the certificate of registration for
the aircraft back to CASA; or
(b) if the certificate has been destroyed or lost
—give CASA a statutory declaration to that
effect.
Penalty: 20 penalty units.
(2) In subregulation (1), the reference to the
person who was the registration holder of an
aircraft immediately before the aircraft's
registration ends or is cancelled is taken to be a reference to:
(a) if that person has died — his or her
personal representative; or
(b) if that person is bankrupt — his or her
trustee in bankruptcy; or
(c) if that person is a company that is being
wound up — its liquidator.
(3) If CASA has appointed a registration agent
to register aircraft of a particular kind, in
relation to such an aircraft this regulation has
effect if the references in subregulation (1) to CASA were references to
the agent. 11
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12 13
47.115 Service of notices
(1) A notice about an Australian aircraft, to
be served by CASA or a registration agent under
this Subpart, is properly served for all purposes
if it is served on the registration holder at:
(a) the owner's address given in the application
for registration of the aircraft; or
(b) any address that the aircraft's owner or
registration holder has subsequently told CASA
about in substitution for that address.
(2) Such a notice is also properly served for
all purposes if it is sent by facsimile
transmission to a facsimile number given to CASA
or the registration agent
by the owner or registration holder for that
purpose, and CASA or the agent receives
confirmation that the notice was received at that
number.
Subpart E Dealer's marks
47.120 Meaning of aircraft dealer for
this Subpart
In this Subpart:
aircraft dealer includes a
manufacturer or distributor of aircraft.
47.125 Assignment of dealer's marks
(1) An aircraft dealer may apply in writing,
in an approved form, for a mark or marks to be
assigned to the dealer for use on aircraft
manufactured, or being distributed or dealt with, by the dealer.
(2) If the dealer is an individual, he or she must
declare in writing that he or she is at least 18.
(3) CASA must assign to the dealer as many
marks as the dealer applied for if:
(a) the application complies with subregulation
(1); and
(b) if the dealer is an individual — he or she
is at least 18.
47.130 What marks may be assigned to dealers
A mark that is assigned to an aircraft dealer
must be a mark that could be assigned to an
aircraft as a registration mark.
47.135 Register of dealer's marks
(1) CASA must keep a register of dealer's
marks.
(2) CASA must enter the following information
in the register in relation to each mark assigned
to an aircraft dealer:
(a) the mark;
(b) the aircraft dealer's name and address;
(c) if the dealer is an individual — a statement
that he or she is at least 18;
(d) if the application for the assignment of the
mark was made by someone else on the dealer's
behalf — the name and address of the person who made the application. 12
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13 14
47.140 How long assignment to dealer remains in
effect
The assignment of a dealer's mark to an
aircraft dealer has effect until CASA revokes the
assignment.
47.145 Certificate of assignment of dealer's
mark
(1) If CASA assigns a dealer's mark to an
aircraft dealer, CASA must give to the dealer a
certificate stating that the mark is assigned to
the dealer.
(2) Each such certificate must be for only 1
dealer's mark.
47.150 Loss of certificate of assignment of
dealer's mark
(1) If a certificate of assignment of a
dealer's mark, or a copy of such a certificate
already given under this subregulation, has been
lost or destroyed, or is so damaged that information on it is no
longer clearly legible, CASA must give the
aircraft dealer to whom the mark was assigned a
copy of the
certificate if the dealer applies in writing.
(2) If the application is because a certificate or
copy has been damaged, the dealer must return the
damaged certificate or copy must be returned to CASA when he or she receives the new
certificate.
(3) A copy given under subregulation (1) must
state that it is a true copy of the original
certificate.
47.155 Dealer's plate
(1) When CASA assigns a dealer's mark to an
aircraft dealer, it must issue to the dealer a
fireproof plate bearing the mark.
(2) The dealer must ensure that the plate is
carried on board an aircraft that is being
operated under the mark.
Penalty: 30 penalty units.
(3) If title to, or possession of, an aircraft on
which the mark is being used passes to another
person, the dealer must remove the plate, or
ensure that it is removed, from the aircraft before the end of
the day on which title or possession so passes.
(4) A dealer who fails to comply with
subregulation (3) is guilty of an offence
punishable by a fine of 30 penalty units
47.160 Use of dealer's marks
(1) An aircraft dealer to whom a dealer's mark
is assigned may use the mark only on aircraft
manufactured, or being distributed or dealt with,
by the dealer.
Note The certificate of assignment must be
carried on board the aircraft, or the aircraft
must be registered — see paragraph 47.175 (4)
(b).
(2) The dealer must not use the mark on more
than 1 aircraft at any particular time. 13
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14 15
(3) The dealer must keep records showing:
(a) each aircraft on which the mark was used; and
(b) the periods during which it was used on that
aircraft.
(4) The dealer must retain the record for a
period during which the mark was used on an
aircraft for 12 months after the end of that
period.
(5) A dealer who contravenes subregulation (1),
(2), (3) or (4) is guilty of an offence punishable
by a fine of 30 penalty units.
47.165 Annual report to CASA on aircraft
using dealer's marks
(1) An aircraft dealer to whom a dealer's mark
has been assigned must, within 1 month after the
end of each reporting period, give CASA a report
listing all aircraft on which the mark was used during that
period.
Penalty: 30 penalty units.
(2) In subregulation (1):
reporting period means:
(a) the period of 12 months beginning on the day
on which the mark was assigned to the dealer; or
(b) each consecutive period of 12 months at the
end of which the mark is still assigned to the
dealer; or
(c) a period of less than 12 months beginning on
the day on which the mark was assigned to the
person, or an anniversary of that day, and ending
on the day on which the assignment of the mark is
revoked or otherwise ceases.
47.170 Revocation of assignment of dealer's
mark etc
(1) CASA must revoke the assignment of a
dealer's mark to an aircraft dealer if the dealer:
(a) asks it to do so; or
(b) fails to comply with regulation 47.165.
(2) If CASA revokes such an assignment, it must
tell the dealer in writing that it has done so.
(3) The dealer must return the certificate of
assignment of the mark, and the relevant dealer's
plate, to CASA within 7 days after receiving the
notice of
the revocation.
(4) A dealer who fails to comply with
subregulation (3) is guilty of an offence
punishable by a fine of 20 penalty units.
Subpart F Exemption from registration
47.175 Aircraft not required to be registered
(1) For paragraph 20AA (1) (b) of the Act, an
aircraft is not required to be registered if
subregulation (2), (3), (4), (5) or (6) applies to
it. 14
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15 16
(2) This subregulation applies to an aircraft if
it is:
(a) an unmanned free balloon; or
(b) a permanently tethered manned balloon; or
(c) a hang glider; or
(d) a kite; or
(e) a parachute; or
(f) a recreational unmanned aircraft;
(g) a rocket.
Note For unmanned balloon, tethered,
manned balloon, and kite see
the Dictionary.
(3) This subregulation applies to an aircraft
if it is an unpowered aircraft that weighs less
than 75 kilograms.
(4) This subregulation applies to an aircraft
if all of the following conditions are satisfied
in relation to it:
(a) the aircraft is being operated under a
dealer's mark assigned to the manufacturer, or to
a distributor or dealer, of the aircraft;
(b) the certificate of that assignment is
displayed on board the aircraft;
(c) a dealer's plate issued to the manufacturer,
distributor or dealer under regulation 47.155 and
bearing the mark is carried on board the aircraft;
(d) the person to whom that mark is assigned
has not contravened regulation 47.160.
Note For dealer's mark and dealer's
plate see the Dictionary.
(5) This subregulation applies to an aircraft if
it satisfies all of the following conditions:
(a) it is registered under the law of a foreign
country referred to in subregulation (7);
(b) it displays its nationality and registration
marks in accordance with the law of that country;
(c) it has a certificate of airworthiness issued,
or rendered valid, under the law of that country.
(6) This subregulation applies to an aircraft
if it satisfies all of the following conditions:
(a) it has been manufactured in Australia for
delivery outside Australia to a foreign operator;
(b) it is registered under the law of a foreign
country referred to in subregulation (7);
(c) it displays its nationality and registration
marks in accordance with the law of that country;
(d) it has no certificate of airworthiness issued,
or rendered valid, under the law of that country;
(e) it is flown within Australia only for the
purpose of:
(i) a test or demonstration flight carried out
within the period after its manufacture approved
by CASA; or
(ii) being delivered to its purchaser outside
Australia. 15
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(7) For paragraphs (5) (a) and (6) (b), the
foreign countries are:
(a) the Contracting States; and
(b) any other foreign country that has an
agreement with Australia that allows an aircraft
registered under the law of that country to be operated in Australia.
Note For Contracting State see
subsection 3 (1) of the Act.
Subpart G Registration agents
47.180 Authorisation of registration agent
(1) CASA may authorise an approved aviation
administration organisation to register aircraft
of a particular kind.
(2) A recreational aviation administration
organisation must not be authorised to register
aircraft of a particular kind unless the
organisation is authorised to
administer sport and recreational aviation of a
kind in which aircraft of that kind are used.
(3) The authorisation may be subject to
conditions including, in particular, conditions
relating to:
(a) the passing of information to CASA; or
(b) inspection by CASA of the organisation's
records.
(4) CASA must issue to the organisation an
instrument setting out:
(a) the kind of aircraft it is authorised to
register; and
(b) the conditions that apply to the
authorisation.
47.185 Failure of registration agent to
comply with this Part
A failure by a registration agent to comply
with a requirement of this Part is not an offence
but is relevant to whether CASA should revoke the
agent's authorisation.
[1] Dictionary, Part 1
insert the following definitions in the
appropriate alphabetical positions (determined
on a letter-by-letter basis):
aircraft registration identification
plate see regulation 45.140.
airship means a powered,
lighter-than-air aircraft.
Australian nationality mark see
regulation 45.015.
balloon means an unpowered,
lighter-than-air aircraft.
Civil Aircraft Register means the
register established and maintained under
regulation 47.010.
class, in relation to an aircraft
— see clause 5 of Part 2. 16
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17 18
critical part, for an aircraft,
means a part that must be inspected, overhauled,
or removed or retired from the aircraft within a
period specified:
(a) in the Airworthiness Limitations section of
the Manufacturer's Maintenance Manual (as
published from time to time by the aircraft's
manufacturer) for the
aircraft; or
(b) in the Manufacturer's Instructions for
Continued Airworthiness (as published by the
manufacturer from time to time) for the aircraft.
dealer's mark means a mark
assigned to an aircraft manufacturer, distributor
or dealer under regulation 47.125.
Dictionary means this Dictionary.
glider means an unpowered,
heavier-than-air aircraft that derives its lift in
flight chiefly from aerodynamic reactions on
surfaces remaining fixed under given conditions of flight.
heavier-than-air aircraft is the
generic term for aircraft that derive their lift
in flight chiefly from aerodynamic forces.
identification number of a
production certificate or type certificate means
the number, or group of characters, described in
the certificate as being its number.
kite means a glider normally moored
to the ground.
lighter-than-air aircraft is the
generic term for aircraft that are supported
chiefly by their buoyancy in the air.
fireproof, in connection with a
manufacturer's data plate — see regulation
21.810.
manned balloon means a balloon that:
(a) is capable of carrying 1 or more persons; and
(b) is equipped with controls that enable control
of the altitude of the balloon.
markings of an Australian aircraft
— see subregulation 45.025 (1).
owner of an aircraft, for the
purposes of an application for its registration
— see regulation 47.045.
powered aircraft means an
aircraft that is propelled by an engine or
engines.
powered parachute means a powered
aircraft that has the characteristics of a
parachute when its engine or engines are not
operated.
recreational unmanned aircraft means
an aircraft that:
(a) is not designed for, nor capable of,
accommodating a person; and
(b) is used only for sport and recreation.
registered means registered under
Part 47.
registration agent means an approved
recreational aviation administration organisation
that CASA has authorised, under regulation 47.180,
to register aircraft.
registration holder of an
aircraft means the person whose name is entered in
the Civil Aircraft Register as that of the
aircraft's owner.
registration mark — see regulation
45.020.
rotorcraft means a heavier-than-air
aircraft that depends principally for its support
in flight on the lift generated by 1 or more
rotors.
set of markings of an Australian
aircraft — see subregulation 45.025 (2).
tethered, in relation to a
lighter-than-air aircraft, means attached to the
ground, or an object on the ground, by flexible
restraints that limit movement.
unmanned balloon means a balloon
other than a manned balloon. 17
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18
unpowered aircraft means an aircraft
other than a powered aircraft.
[2] Dictionary, Part 1, definition of certificate
of registration
substitute
certificate of registration, for an
aircraft, means:
(a) the certificate given under regulation 47.080
for the aircraft; or
(b) if CASA has given a replacement certificate or
certificates under regulation 47.095 for the
aircraft — that certificate, or the last of
those certificates. 18