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CIVIL AVIATION AMENDMENT REGULATIONS 2004 (NO. 1) 2004 NO. 134
Issued under the authority of the Minister for Transport and Regional Services
Civil Aviation Act 1988
Civil Aviation Amendment Regulations 2004 (No. 1)
Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act, and regulations in relation to safety of air navigation, being regulations with respect to any other matter with respect to which the Parliament has power to make laws.
Subsection 9(1) of the Act specifies, in part, that the Civil Aviation Safety Authority (CASA) has the function of conducting the safety regulation of civil air operations in Australian territory by means that include developing and promulgating appropriate, clear and concise aviation safety standards and issuing certificates, licences, registrations and permits.
The Regulations amend the Civil Aviation Safety Regulations 1998 (CASR) by inserting a new Part 47, entitled "Registration of aircraft and related matters", into those regulations. The Regulations also make consequential changes to the Civil Aviation Regulations 1988 (CAR) to reflect the new Part 47. The registration of aircraft is presently regulated by CAR Part 3. The consequential changes to the CAR include the repeal of Part 3.
CASR Part 47 is a completely new regulation, developed as part of CASA's Regulatory Reform Programme to provide a regulatory regime that covers the registration of aircraft and related matters. CASR Part 47 has been re-developed following disallowance in November 2000.
CASR Part 47 was previously made and became effective on 1 October 2000, however it was subsequently disallowed by the Senate on 8 November 2000 primarily because of concerns raised by registration holders regarding the interpretation of "ownership" and the way it would impact on other operational responsibilities and perceived asset management.
The Minister for Transport and Regional Services directed CASA on 8 November 2000 to set up a project committee, the Standards Consultative Committee - Aircraft Registration special Sub-Committee (SCC Special Sub-Committee), comprising CASA staff and key stakeholders from the Australian aviation community, to address the concerns raised in the Senate.
The Minister specifically requested that the SCC Special Sub-Committee should:
1. Draft a Discussion Paper (DP) that sets out an effective, simple system for registering aircraft, taking into account the best elements of previous work. The proposed system must:
• Provide a robust and a simple system for allocating, amending, transferring, and cancelling aircraft registrations;
• Ensure that CASA can definitely identify the person or organisation responsible for making decisions about maintenance of an aircraft; and
• Be consistent with Australia's obligations under the Chicago Convention - the International Civil Aviation Organization (ICAO) Convention on International Civil Aviation.
2. Consider whether it would be desirable to establish a system to provide conclusive information about aircraft ownership, or to maintain a list of encumbered aircraft.
The sub-committee could consider the following options:
• Upgrading the registration system so aircraft owners could use it reliably as proof of ownership; or
• Establishing a register of encumbered aircraft (including identifying who should maintain the register).
3. Access the cost of introducing any system proposed under reference (2), and set out options for recovering the costs from the aviation industry.
The SCC Special Sub-Committee developed a Discussion Paper (DP 0106MS) and CASA published and issued the DP 0106MS on 24 August 2001 inviting comment on the proposed redeveloped aircraft registration standards. CASA received 35 responses, (mainly from individual aircraft owners) to the DP. Generally, respondents found the proposals acceptable, but suggested the proposals could be improved.
CASA evaluated the comments to the DP and subsequently developed and published a Notice of Proposed Rule Making (NPRM 0212MS) on 10 May 2002 inviting comments on the proposed new regulatory standards relating to the registration of aircraft, which incorporated the findings from DP 0106MS. CASA received 30 responses to the NPRM from airline and other aviation organisations representatives and individual aircraft owners. The proposals were generally well accepted.
Following input from the aviation industry and other relevant stakeholders, based on the DP and NPRM, the revised CASR Part 47 regulations have addressed the Senate's concerns and now implement a simplified and clear system of registration of aircraft in Australia. Its main features include:
• Assigning the management and effective control of the registration processes to the owner of the aircraft. Under the Civil Aviation Regulations 1988 such functions were previously assigned to the person who operates' manages or maintains the aircraft (known as the Entitled Person). This person is not necessarily the owner of the aircraft.
• Issuing the aircraft certificate of registration in the name of the owner, contrary to the previous requirement of issuing it to the Entitled Person.
• Entitling the owner to nominate a person (a registered operator), if they wish to do so. The registered operator is now responsible for the airworthiness and maintenance control of the aircraft under a mutual arrangement and without the need for the owner to transfer the certificate of registration to this person.
• An option for owners to apply for the initial registration of an aircraft by telephone, prior to the submission of a written application. The interim certificate of registration will reduce the time necessary for the owner to obtain a certificate of airworthiness and will allow the aircraft to operate for a period of up to 14 days, within Australian territory pending receipt of the official certificate of registration.
• Reinstatement of provisions similar to those specified previously under Division 7 of Part III of the Civil Aviation Regulations 1988 for reservation of registration marks and for change of registration marks on aircraft. After the disallowance by the Senate of Part 47, the re-instatement of Part 3 (Divisions 1 to 6 only) inadvertently omitted the process for reserving registration marks. The new provisions will restore this process.
• Reintroduction of dealer marks (trade plates) to enable relevant sectors of the aviation industry to demonstrate and test fly new aircraft on the same principles available to motor vehicle dealers. This will overcome the need for double registration.
• No voluntary encumbrance register. During discussions regarding preparation of a register covering encumbered aircraft the SCC Special Sub-Committee came to the conclusion that it was not considered necessary to advise CASA whether the aircraft was encumbered and if a person purchasing the aircraft was unsure of whether the aircraft was encumbered or not, that was a matter for the purchaser and the seller. Since there was no direct effect on safety, it was agreed therefore that any such system should be on a voluntary basis, hence the use of the term "Voluntary Encumbrance Register". Whilst the SCC Special Sub-Committee analysed the viability of a limited voluntary encumbrance register, CASA sought the view of the Australian Government Solicitor (AGS) who advised that a voluntary encumbrance register cannot be established by regulation under the Civil Aviation Act 1988 as currently in force. The view of the AGS is that "...making of such regulations would not be authorised by Section 98 of the Civil Aviation Act 1988, on the basis that the scheme is designed as a consumer protection scheme and is not related to the safety of air navigation." Accordingly, CASA has not proceeded with including a voluntary encumbrance register in CASR Part 47.
CASR Part 47 is aligned with corresponding registration regulations of the United States of America, Canada, United Kingdom and New Zealand. This characteristic enables the aviation industry, especially foreign-based leasing and financing institutions, to confidently negotiate with the Australian aviation industry the purchase and operation of aircraft. CASR Part 47 entitles them to be recorded in the Australian Civil Aircraft Register as the owners and holders of certificates of registration with the authority to control their assets in matters such as registration and cancellations, transfer of ownership and assignment of operational control.
CASR Part 47 also ensures that Australia continues to comply with its international obligations under:
• Relevant articles of the International Civil Aviation Organization (ICAO) Convention on International Civil Aviation in respect of registration of aircraft; and
• ICAO Annex 7 - Aircraft Nationality and Registration Marks - in respect of the recommended procedures and standards for registration of aircraft.
The Office of Regulation Review (ORR) has assessed that the regulations have only a minor impact on business and that the preparation of a Regulation Impact Statement (RIS) is not mandatory.
Details of the Regulations are set out in the Attachment.
The Regulations commence on 15 November 2004 to provide a transitional period for the conduct of an industry awareness/education program, and the implementation and application of the necessary administrative procedures, processes and systems relating to aircraft registration.
DETAILS OF THE AMENDING REGULATIONS
Regulation 1 - Name of Regulations
Regulation 1 names the amending Regulations as the Civil Aviation Amendment Regulations 2004 (No. 1).
Regulation 2 - Commencement
Regulation 2 provides that the Regulations will commence on 15 November 2004.
Regulation 3 - Amendment of Civil Aviation Regulations 1988
Regulation 3 provides that Schedule 1 amends the Civil Aviation Regulations 1988.
Regulation 4 - Amendment of Civil Aviation Safety Regulations 1998
Regulation 4 provides that Schedule 2 amends the Civil Aviation Safety Regulations 1998.
Schedule 1 Amendments of Civil Aviation Regulations 1988
Item 1 - Subregulation 2 (1), definitions of entitled person, hire-purchase agreement, property interest, purchaser and vendor
Item 1 deletes the reference to and the definitions of 'entitled person', 'hire-purchase agreement', 'property interest', 'purchaser' and 'vendor' as these definitions will no longer apply under CASR Part 47 dealing with aircraft registration.
Item 2 - Part 3
Item 2 repeals Part 3 - Registration and marking of aircraft, which is now replaced by the new CASR Part 47 - Aircraft registration and related matters.
Item 3 - Subregulation 297A (1), definition of reviewable decision, paragraph (a)
Item 3 replaces the reference to 'Division 4 of Part 3' of the CAR relating to reviewable decisions to read 'Part 47 of CASR' which has replaced the provisions dealing with aircraft registration.
Schedule 2 Amendments of Civil Aviation Safety Regulations 1998
Item 1 - Subregulation 21.173 (1)
Item 1 deletes the words 'The registration holder of an Australian aircraft' and inserts 'An aircraft registration holder' to accurately identify that particular person now identified under Part 47.
Item 2 - Regulation 21.192
Item 2 deletes the words 'The registration holder of an Australian aircraft' and inserts 'An aircraft registration holder' to accurately identify that particular person now identified under Part 47.
Item 3 - Subregulation 39.003 (2)
Item 3 deletes the words 'The registration holder' and inserts 'The registered operator' to accurately identify that particular person now identified under Part 47.
Item 4 - Regulation 45.020
Item 4 deletes the words 'Part 3 of CAR' and inserts 'Part 47' to ensure the reference aligns with the new requirements now in Part 47.
Item 5 - Subregulation 45.025 (1)
Item 5 amends subregulation 45.025 (1) by removing reference to an aircraft being registered by a registration agent, because under Part 47, all Australian aircraft will be registered in the Australian Civil Aircraft Register and not by registration agents.
Item 6 - Subregulation 45.140 (1)
Item 6 amends subregulation 45.140 (1) by removing reference to an aircraft being registered by a registration agent, because under Part 47, all Australian aircraft will be registered in the Australian Civil Aircraft Register and not by registration agents.
Item 7 - After Part 45
Item 7 inserts the new Part 47, entitled 'Registration of aircraft and related matters' in numerical sequence to follow Part 45.
Part 47 Registration of aircraft and related matters
Note This Part is made up as follows:
This Note inserts the table of contents for Part 47.
Subpart 47.A General
New Regulation - 47.005 Applicability of Part 47
This regulation provides the applicability of Part 47 in that it covers how aircraft are registered, how registration marks are assigned to aircraft and how dealer's marks are assigned to manufacturers, distributors and dealers of aircraft.
New Regulation - 47.010 Definitions for Part 47
This regulation sets out the definitions required for this Part. In particular it provides definitions of 'eligible person', 'owner' and 'registered operator'.
New Regulation - 47.015 Requirement for aircraft to be registered
This regulation provides that, for the purposes of paragraph 20AA(1)(b) of the Act, an aircraft is required to be registered unless it is an aircraft of a kind specified in the regulation. Such aircraft include model aircraft, kites, unmanned free balloons and aircraft that are exempted under Subpart 200.B from the regulations (eg, aircraft operated by the Australian recreational aviation administration bodies).
New Regulation - 47.020 Appointment of person to act on behalf of owners
This regulation provides that if an aircraft is owned by more than 1 person, the owners must, to register the aircraft, appoint one of them to act on their behalf. This requires, for example, members of a syndicate of owners to choose one of their numbers to be the applicant and, consequently, the holder of the aircraft certificate of registration. This obviates the need for all members of the syndicate to deal simultaneously with CASA on matters related to the aircraft, thus minimising costs and improving efficiency for applicants and CASA.
Subpart 47.B The Australian Civil Aircraft Register
New Regulation - 47.025 Australian Civil Aircraft Register
This regulation provides that CASA must keep a register called the Australian Civil Aircraft Register, or ensure that it is kept, in accordance with this Subpart. Under the transitional arrangements in regulation 202.221 entries made in the former Aircraft Register are incorporated in, and form part of, the new Australian Civil Aircraft Register. Also under the transitional arrangements in regulation 202.223 the registration of an aircraft in the former Aircraft Register continues in force until either 15 November 2005 or the day CASA registers the aircraft in the new Australian Civil Aircraft Register under Part 47.
New Regulation - 47.030 Register to be accessible to public
This regulation provides that CASA must make the Australian Civil Aircraft Register available to members of the public at reasonable times and places, and may do so by making the information in the Register accessible on the Internet or other suitable electronic means.
The provision to make the register available on the Internet gives legislative effect to a practice successfully in place since 1999, and which has provided significant economical and operational benefits to the aviation industry and to CASA.
New Regulation - 47.035 Alteration or correction of Register
This regulation provides that CASA must correct the information in the Australian Civil Aircraft Register if the Register is not up to date or if there is an error in an entry in it.
An aircraft that is registered in the Australian Civil Aircraft Register is, by virtue of its registration an 'Australian aircraft'. Accordingly, CASA collects and maintains a significant amount of aircraft data to ensure that CASA complies with its statutory responsibilities under Section 9 of the Civil Aviation Act 1988.
Additionally, CASA needs to ensure reliability and currency of the data entered in the Australian Civil Aircraft Register to fulfil Australia's obligations under the ICAO Convention on International Civil Aviation.
New Regulation - 47.040 Seeking information about Register
This regulation allows CASA to seek, from a registration holder, any information required to ensure currency of the Register if CASA believes there is an error in the Register.
New Regulation - 47.045 Communicating with CASA
This regulation provides that a notice under this Part that must be given to CASA should be delivered, posted, sent by fax or sent by e-mail. Details of facsimile numbers and mail addresses for contacting CASA can be found in an associated advisory circular or on CASA's website. It is essential that in communicating with CASA with respect to aircraft registration matters, the aviation industry deal only with one point of access.
New Regulation - 47.050 Accuracy of information in Register
This regulation requires CASA to provide the details, relevant to each holder of a certificate of registration, contained in the Register to each registration holder every 3 years. The holder must check and confirm accuracy or correct the information and return the information to CASA within 28 days of receiving the information.
This regulation prescribes a maximum penalty of 10 penalty units if the registration holder fails to return the information to CASA in the specified time frame of 28 days. The offence is an offence of strict liability.
New Regulation - 47.055 Entries in Register etc not conclusive evidence of title to aircraft
This regulation provides and makes it clear that neither an entry in the Australian Civil Aircraft Register nor a certificate of registration is conclusive evidence of the existence of a legal or beneficial property interest in the aircraft.
Subpart 47.C Registration of aircraft
New Regulation - 47.060 Applying for registration of unregistered aircraft
This regulation sets out how a person may apply to register an unregistered aircraft. The regulation provides that an application may be made in writing, or may be made orally (by telephone or in person). A written application must be made in a form approved by CASA, must contain the information requested under regulation 47.065 and must be signed by the person making the application. An application must be made by the owner of the aircraft or a person who is acting on behalf of, and at the direction or request of, the owner.
New Regulation - 47.065 Information required for registration -- general
This regulation sets out the information that must be included in a written application for registration. This information includes details of the owner's name and address, details of relevant type certificates, details of the number of engines and seats, and if the aircraft is imported, the name of the country from which the aircraft was imported and evidence that the aircraft is not on the aircraft register of that country.
New Regulation - 47.070 Confirmation of oral application
This regulation provides that if a person has made an oral application, the person must confirm the application in writing within 14 days after the day on which the oral application was made.
New Regulation - 47.075 CASA may ask for further information
This regulation provides for CASA to seek additional information from an applicant for registration to enable it to properly consider the application.
CASA may refuse to consider the application until the applicant complies with the request.
New Regulation - 47.080 Registration of aircraft
This regulation provides that CASA must register an aircraft if a person complies with the application requirements in the Regulations.
When CASA registers an aircraft it must include in the Register the information specified in the regulation, including the registration mark assigned to the aircraft, the aircraft's make and serial number, the aircraft's country and year of manufacture and the day on which it was registered.
New Regulation - 47.085 Interim certificate of registration
This regulation provides that if CASA registers an aircraft on the basis of an oral application, CASA must issue an interim certificate of registration.
This regulation prescribes a maximum penalty of 50 penalty units if the holder of an interim certificate takes the aircraft out of Australia before CASA issues the formal Certificate of Registration for the aircraft. The offence is an offence of strict liability.
An interim certificate of registration ceases to be in force either on the day CASA issues the certificate of registration to the registration holder, or 14 days after CASA issued the certificate on the basis of an oral application.
New Regulation - 47.090 Issue of certificate of registration
This regulation provides that if CASA registers an aircraft, it must give a certificate of registration for the aircraft to the aircraft's owner (the registration holder).
New Regulation - 47.095 Period of registration
This regulation provides that owners can elect to register their aircraft for a particular period of registration. Owners may choose to register an aircraft for a specific period for a variety of commercial or operational reasons, including leasing arrangements or seasonal contracts. Otherwise the registration of an aircraft has effect unless it lapses or is cancelled.
Subpart 47.D Registered operator
New Regulation - 47.100 Identity of registered operator of aircraft
This regulation sets out who is to be the registered operator of an aircraft. If a registration holder is an eligible person (as defined in regulation 47.010) then that holder is the aircraft's registered operator, although he or she may appoint another eligible person to be the registered operator. If the registration holder is not an eligible person, then he or she must appoint an eligible person to be the registered operator.
As a general rule, the owner, as the registration holder, is required to ensure that an aircraft is properly maintained and meets relevant continuing airworthiness requirements. However, the owner may elect to enter an arrangement with another person (registered operator) to exercise the maintenance and continuing airworthiness responsibilities. This may occur, for example, when the owner is a bank or finance company and does not have day-to-day responsibility for an aircraft's operations. The owner is not required to transfer the certificate of registration to the registered operator.
Subpart 47.E Transfer of ownership of aircraft
New Regulation - 47.105 Meaning of former owner and new owner
This regulation is a technical provision that provides, that for the purposes of Subpart 47.E if the ownership of an aircraft is transferred, than the transferrer is called the former owner and the transferee is called the new owner.
New Regulation - 47.110 Transfer of ownership
This regulation establishes the rules for transfer of ownership of an aircraft. Where ownership is transferred, the new owner must apply to become the registration holder within 14 days of the transfer of ownership. CASA must cancel an aircraft's registration under regulation 47.130(5) if the new owner does not apply for registration within that 14-day period.
Subpart 47.F Administration of Australian Civil Aircraft Register
New Regulation - 47.115 Notice of error in information in Register
This regulation provides that if a registration holder finds out that there is any incorrect information in the Register about the aircraft, the registration holder must notify CASA. The holder must do so within 14 days of finding out about the incorrect information.
This regulation would prescribe a maximum penalty of 10 penalty units for contravention of the regulation. The offence would not be one of strict liability because if the registration holder finds out that something is incorrect, then knowledge is the fault element.
New Regulation - 47.120 Replacement certificate of registration
This regulation requires CASA to give a registration holder a replacement certificate of registration if CASA changes an entry in the Register for an aircraft and the aircraft certificate of registration does not show the correct information. Upon doing so, the registration holder must return the old certificate to CASA within 14 days.
This regulation prescribes a maximum penalty of 1 penalty unit for contravention of the regulation. The offence is an offence of strict liability.
New Regulation - 47.125 Loss etc of certificate of registration
This regulation provides that CASA must give the holder of a certificate of registration a true copy of the aircraft's certificate of registration if the certificate, or a copy of it previously given by CASA, has been lost, stolen or destroyed or is so damaged that information on it is no longer clearly legible.
New Regulation - 47.130 Lapsing or cancellation of registration
This regulation provides that if the registration of an aircraft was only for a particular period, the registration lapses at the end of that period. The regulation sets out the grounds on which CASA may cancel an aircraft's registration. The grounds include: the registration holder applies to have the registration cancelled; the aircraft is registered under the law of another country, or the aircraft has been stolen or destroyed or is no longer being used as an aircraft; or the registration holder is not an eligible person and the aircraft does not have a registered operator. Additionally, an aircraft registration lapses if the aircraft was registered following an oral application and CASA has not received a written confirmation of the application in accordance with the regulations.
New Regulation - 47.135 Return of certificate of registration
This regulation provides that a registration holder must return the certificate of registration for an aircraft to CASA within 14 days after the aircraft's registration has lapsed or has been cancelled.
This regulation prescribes a maximum penalty of 1 penalty unit for contravention of the regulation. The offence is an offence of strict liability.
Subpart 47.G Reservation, assignment and change of registration marks
New Regulation - 47.140 Meaning of aircraft for Subpart 47.G
This regulation defines an aircraft for the purposes of reserving and assigning a registration mark. Under this definition industry can now reserve registration marks for an aircraft even though the aircraft has not been built or is being built.
New Regulation - 47.145 Reservation of registration mark
This regulation enables the owner of an aircraft to reserve an available registration mark prior to registering an aircraft in Australia or prior to changing the registration mark of an aircraft already registered in Australia. CASA must reserve the mark when requested to do so. A reservation lapses 12 months after the day on which the registration mark was reserved if the aircraft has not been registered within that period.
New Regulation - 47.150 Assignment of registration mark
This regulation provides that if a person applies for the registration of an aircraft and CASA has not reserved a registration mark for the aircraft under regulation 47.145, or the reservation of a registration mark for the aircraft has lapsed, CASA must assign a registration mark to the aircraft before registering it.
New Regulation - 47.155 Marks that must not be reserved or assigned
This regulation specifies registration marks that must not be reserved for, or assigned to, an aircraft. This also includes marks which may be confused with those specified in the International Code of Signals and in the International Civil Aviation Organization (ICAO) Annex 7 (distress signals or standard communication codes), such as, XXX, PAN and TTT.
New Regulation - 47.160 Assigning reserved registration mark to unregistered aircraft
This regulation provides that if the owner reserves a registration mark for the aircraft and makes a proper application for its registration CASA must, if it registers the aircraft, give the applicant a certificate of registration showing the reserved mark.
New Regulation - 47.165 Change of registration mark
This regulation provides that if the owner of a registered aircraft has reserved a registration mark for the aircraft, then the holder of the registration mark, or the registered operator (with the registration holder's consent) may apply to change the aircraft's existing mark to the reserved mark. Such an application must be made at least 14 days before the proposed change and must be in the approved form. When an application is approved, CASA must give the holder a new certificate of registration.
Subpart 47.H Dealer's marks
This Subpart sets out the provisions relating to dealer's plates, and authorises aircraft dealers and manufacturers to fly unregistered aircraft in Australia for the purposes of testing or demonstrating an aircraft.
New Regulation - 47.170 Definitions for Subpart 47.H
This regulation defines an aircraft dealer to include a manufacturer or distributor of an aircraft and defines a dealer's plate as a plate made by an aircraft dealer under regulation 47.205.
New Regulation - 47.175 Assignment of dealer's marks
This regulation sets out the way in which an aircraft dealer may apply for, and be assigned, one or more marks for use on aircraft operated by the dealer.
New Regulation - 47.180 What marks may be assigned to dealers
This regulation provides that a mark that is assigned to an aircraft dealer must be a mark that could be assigned to an aircraft as a registration mark.
New Regulation - 47.185 Record of dealer's marks
This regulation provides that CASA must keep a record of dealer's marks that have been assigned to an aircraft dealer. The record must include the mark and the aircraft dealer's name and address.
New Regulation - 47.190 How long assignment to dealer remains in effect
This regulation provides that the assignment of a dealer's mark to an aircraft dealer has effect unless CASA revokes the assignment.
New Regulation - 47.195 Certificate of assignment of dealer's mark
This regulation provides that if CASA assigns a dealer's mark to an aircraft dealer, CASA must give the dealer a certificate stating that the mark is assigned to the dealer. Each certificate may be for 1 dealer's mark only.
New Regulation - 47.200 Loss of certificate of assignment of dealer's mark
This regulation provides that if a certificate has been lost or destroyed, or is so damaged that information on it is no longer clearly legible, CASA must give to the aircraft dealer a replacement certificate if the dealer applies to CASA in writing.
A dealer must return the damaged certificate to CASA within 14 days of receiving the new certificate.
New Regulation - 47.205 Dealer's plate
This regulation sets out the requirements for making a dealer's plate.
New Regulation - 47.210 Use of dealer's marks
This regulation specifies the procedures, the appropriate control measures, including record keeping measures that must be complied with in relation to the use of a dealer's plate.
This regulation prescribes a maximum penalty of 10 penalty units if a dealer uses a dealer's mark on an aircraft that is registered in any country, or on an aircraft that was manufactured, or is being distributed or dealt with by someone other than the dealer.
This regulation prescribes a maximum penalty of 30 penalty units if the dealer does not remove the plate from an aircraft the title to, or possession of which, has passed to another person.
This regulation prescribes a maximum penalty of 10 penalty units if the dealer does not keep records showing the aircraft details of each aircraft on which a dealer's mark was used and periods during which the dealer's mark was used on such aircraft.
This regulation prescribes a maximum penalty of 10 penalty units if the dealer fails to keep records for 12 months after using the mark on an aircraft.
All offences are an offence of strict liability.
New Regulation - 47.215 Aircraft taken to be registered
This regulation provides and ensures that for the purposes of paragraph 20AA (1) (a) of the Act an unregistered aircraft operated under a dealer's mark is taken to be registered, as long as the aircraft is operated in Australia, the aircraft carried the relevant dealer's plate and possession of the plate remains with the dealer.
New Regulation - 47.220 Annual report to CASA on aircraft using dealer's marks
This regulation establishes the annual reporting requirements for an aircraft dealer. This report assists CASA to ensure the dealer's compliance with the operational requirements imposed by the legislation. Within 1 month after the end of each reporting period, a dealer must give CASA a report showing the manufacturer, model and serial number on each aircraft on which a dealer's mark was used.
This regulation prescribes a maximum penalty of 30 penalty units for contravention of the regulation. The offence is an offence of strict liability.
New Regulation - 47.225 Revocation of assignment of dealer's mark etc
This regulation provides that CASA must revoke the assignment of a dealer's mark if the dealer asks CASA to do so, if the dealer ceases to be an aircraft dealer or an eligible person, or the dealer fails to comply with Subpart 47.H.
Where CASA revokes an assignment of a dealer's mark, the dealer must return the certificate of assignment to CASA within 14 days.
This regulation prescribes a maximum penalty of 10 penalty units if the dealer fails to return the certificate of assignment of the mark to CASA in the specified time frame of 14 days after receiving the notice. The offence is an offence of strict liability.
Item 8 - Subpart 202.BF
This item inserts a new Subpart 202.BF and new regulations 202.220 through to 202.226 dealing with the transition provisions for Part 47 (Registration of aircraft and related matters).
Subpart 202.BF Transitional provisions for Part 47 (Registration of aircraft and related matters)
New Regulation - 202.220 Definitions for Subpart 202.BF
This regulation provides definitions of the expressions, 'certificate of registration', 'eligible person', 'old regulations' 'property interest' and 'registered operator' that are necessary for the purposes of Subpart 202.BF.
New Regulation - 202.221 Continuation of Aircraft Register
This regulation provides that the former Aircraft Register kept under the previous regulations (CAR) continues in existence as the new Australian Civil Aircraft Register. Entries made in the former Register are incorporated in, and form part of, the new Register.
New Regulation - 202.222 Reference to holder of a certificate of registration
This regulation provides that a reference in the CAR to the 'holder of a certificate of registration' of an aircraft is taken to be a reference to the 'registered operator' of the aircraft, the new term now defined in Part 47.
New Regulation - 202.223 Registration under CAR to continue
This regulation provides that where an aircraft was registered in the former Register, that registration continues as if the previous regulations were still in force. Such a deemed registration will continue until either, 15 November 2005 or the day CASA registers the aircraft under Part 47. CASA must not, after 15 November 2004 accept an application for a change for any details about an aircraft that are kept in the former Register other than a change of contact details.
New Regulation - 202.224 Pending applications or notices
This regulation provides that an application for registration made before 15 November 2004 and not decided on prior to the changeover to Part 47, must be dealt with as if the previous regulations were still in force.
New Regulation - 202.225 Application to register aircraft under Part 47
This regulation provides that the owner of an aircraft registered in the former Register, may apply to CASA to have the aircraft registered in the new Register.
New Regulation - 202.226 Registration of aircraft by CASA
This regulation provides that if a registered aircraft is not in the new
15 November 2005, CASA must register the aircraft under Part 47 after that date. Upon such registration, the certificate of registration holder will become the registered operator and each property interest holder will be entered on the new Register as the owner of the aircraft and will be the aircraft registration holder. If the new certificate of registration holder is not an eligible person, the aircraft's registration will lapse.
Item 9 - Dictionary, Part 1, after definition of ATSO authorisation
Item 9 inserts, alphabetically, the new definition for 'Australian Civil Aircraft Register' as that register established and maintained under regulation 47.025.
Item 10 - Dictionary, Part 1, definition of certificate of registration
Item 10 amends the existing reference to 'regulation 13B of CAR' to read 'regulation 47.090' which is now the correct reference under Part 47.
Item 11 - Dictionary, Part 1, definition of Civil Aircraft Register
Item 11 deletes the existing reference to the 'Civil Aircraft Register', which has now been replaced by the 'Australian Civil Aircraft Register' under new Part 47. See Item 9 above.
Item 12 - Dictionary, Part 1, definition of dealer's mark
Item 12 replaces the existing incorrect reference to 'regulation 47.125' currently contained in the definition of 'dealer's mark' to read 'regulation 47.175', which is now the correct reference under Part 47.
Item 13 - Dictionary, Part 1, definition of owner
Item 13 deletes the reference to 'owner' as this definition is no longer a relevant term under Part 47.
Item 14 - Dictionary, Part 1, definition of registered
Item 14 deletes the words 'Part 3 of CAR' and inserts 'Part 47' to align with the new requirements now in Part 47.
Item 15 - Dictionary, Part 1, definition of registration agent
Item 15 deletes the reference to 'registration agent' as this definition is no longer a relevant term under Part 47.
Item 16 - Dictionary, Part 1, definition of registration holder
Item 16 inserts the word 'Australian' before 'Civil Aircraft Register' in the definition of registration holder thereby ensuring reference is now made to the correct register under Part 47.