Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION REGULATIONS (AMENDMENT) 1992 NO. 325

EXPLANATORY STATEMENT

Statutory Rules 1992 No. 325

(Issued by the authority of the Minister for Shipping and Aviation Support)

Civil Aviation Act 1988

Civil Aviation Regulations (Amendment)

Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation. Paragraph 98(3)(a) of the Act provides that subsection 98(1) includes the power to make regulations for or in relation to the registration and marking of aircraft.

The requirements relating to the registration of aircraft, holders of certificates of registration and nationality and registration marks for aircraft are set out in Part III of the Civil Aviation Regulations. The amending regulations update those requirements in order to allow the Civil Aviation Authority (the Authority) to ensure the accuracy of the Aircraft Register.

The amendments represent the first major review of aircraft registration conducted since aircraft were first registered against the Australian nationality symbol "VH-" in January 1929. The review involved extensive research and wide consultation with the industry.

The Aircraft Register is the authoritative source of information for the issue of circulars and notices on the maintenance of aircraft to the aircraft operators. Accuracy and currency of Register information is therefore paramount in ensuring the prompt delivery of safety related documentation to the person having control of an aircraft. The main changes made by the amending regulations include:

•       deletion of aircraft financial interest details from the Register as this is unrelated to responsibility for the maintenance and operation of an aircraft and is a major complication in maintaining an up to date Register;

•       introduction of strict time limitations, and penalties for non-compliance, related to the submission of transfer of registration documentation to the Authority by persons acquiring or disposing of registration in an aircraft. Again, the objective is to ensure currency of Aircraft Register information;

•       provision for the Authority to be informed, or to seek information, concerning certain occurrences relating to Australian aircraft;

•       provision for suspension and cancellation of aircraft registration where operators fail to comply with regulations. Such provisions will assist in ensuring currency of Register information and effectively ground an aircraft where the continuing airworthiness of the aircraft is in jeopardy;

•       introduction of three character alpha-numeric registration marks to supplement the dwindling supply of available alphabetic registration marks; and

•       provision for a right of review in respect of a refusal by the Authority to register an aircraft or a decision to suspend or cancel registration.

Under the amending regulations, the holder of the certificate of registration has to be a person who operates, manages or maintains the aircraft or is, or will be, responsible for its operation, management or maintenance. This is a change from the previous system under which the holder had to be a person with an interest in the aircraft as owner, purchaser, hirer or charterer (a property interest). Under the previous system the holder often was not directly concerned with the running of the aircraft. It is considered that the amending regulations will help to ensure the accuracy of the Aircraft Register and other records kept by the Authority. They will also assist the effective administration of other provisions in the Civil Aviation Regulations, by identifying one person who has accepted responsibility for an aircraft.

The amending regulations will require the holder of the certificate to inform the Authority of changes in holders of property interests. The Authority will be required to notify those holders of which it has been properly notified, before taking action under the amending regulations that may affect their interests.

In relation to nationality marks and registration marks, the amending regulations are more flexible than the previous regulations, allowing for the use of numbers as well as letters in marks, permitting, the reassignment of marks and allowing some discretion in the manner in which marks may be displayed on aircraft. Details of the amending regulations are attached. The amending regulations will commence on 1 November 1992.

ATTACHMENT

DETAILS OF AMENDING REGULATIONS

Regulation 1

This regulation provides that the amending regulations commence on 1 November 1992.

Regulation 2

This regulation provides that the Civil Aviation Regulations (the Regulations) are amended as set out in the proposed regulations.

Regulation 3

This regulation inserts in subregulation 2(1) definitions of 2 terms used in the proposed regulations.

The term "entitled person" is defined to mean a person with responsibility for the operation, management or maintenance of an aircraft. The term "property interest" is defined to mean an interest in an Australian aircraft held by a person as owner, purchaser, hirer or charterer of the aircraft.

It also amends subregulation 2(9) to remove cross-references that will no longer be necessary when the proposed regulations commence.

Regulation 4

This regulation repeals regulations 8 to 14 of the Regulations, which deal with the registration of aircraft. It substitutes regulations which implement the new system of registration. Particulars of the new regulations follow:

Aircraft Register

Regulation 7A requires an aircraft to be registered unless it is a foreign aircraft or is not intended to be used as an aircraft.

Regulations 8 and 9 require the establishment and maintenance of an Aircraft Register. The Authority will be required to keep the Register, which will be available for inspection by members of the public. Under regulation 9, the Authority will be able to alter the Register to correct clerical errors or replace outdated information.

Registration of Aircraft

Regulation 10 sets out the procedure for registering an aircraft. An application has to be made by, or on behalf of, an entitled person. Subregulation 10(2) contains the details of the aircraft and the applicant that are required in an application.

Regulation 11 contains an additional requirement if the application is for registration of an aircraft imported into Australia. A statement must be provided by the regulatory authority of the country from which it was imported, identifying the aircraft and stating whether it was registered in that country.

Regulation 12 contains a special requirement if the holder of a certificate of registration is to be a body corporate. The holder will be required to provide the Authority with the name of an officer who may be served with documents on behalf of the body corporate. It will also be required to provide the address of an office or place of business at which documents may be left.

Regulation 13 sets out how an aircraft is to be registered by the Authority. The aircraft is given a registration mark and may be registered for a particular period if the Authority considers it appropriate to do so. Registration otherwise is for an indefinite period. Subregulation 13(3) sets out the particulars to be entered in the Aircraft Register.

Regulation 13A states:

-       an aircraft must not be registered if the Authority is satisfied that the person who will be the holder of the certificate of registration is under 18 or is not an entitled person.

-       if an application for registration is made on behalf of another person, proof is required that the person making the application is legally entitled to do so.

-       an aircraft that is a foreign aircraft or is not intended for use as an aircraft must not be registered.

Regulation 13B provides for the issue of a certificate of registration on the registration of an aircraft.

Notification of certain matters to the Authority

Regulation 13C requires the holder of a certificate of registration to notify the Authority if an Australian aircraft is lost, stolen, destroyed or permanently withdrawn from use.

Regulation 13D requires the holder of a certificate of registration to notify the Authority of the acquisition or disposal of a property interest in an Australian aircraft.

Regulation 13E requires the holder of a certificate of registration to notify the Authority if the holder becomes aware of any changes to, or errors in, the particulars in the Aircraft Register.

Regulation 13F empowers the Authority to require the holder of a certificate of registration to give it information on a matter referred to in subregulation 13F(1). The matters in subregulation 13F(1) relate to the condition of an Australian aircraft, property interests, and the accuracy of particulars entered in the Aircraft Register.

Regulation 13G requires the holder of a certificate of registration to notify the Authority if he or she stops being a person entitled to be a holder.

Regulation 13H allows the holder of a certificate of registration to resign his or her position by notifying the Authority. The resignation cannot take effect earlier than 30 days after the notice is given, so as to allow another person to apply to be the holder.

Regulation 13I requires the holder of a certificate of registration to notify the Authority if the certificate is lost, stolen, destroyed or so damaged that particulars are no longer clearly visible. The regulation provides for the issue of a replacement copy.

Expiry, suspension and cancellation of certificates of registration

Regulation 13J states that the registration of an aircraft registered for a particular period expires when that period expires.

Regulation 13K states that the registration of an aircraft registered for an indefinite period continues in force until cancelled.

Regulation 13L allows the holder of a certificate of registration to apply for cancellation of the aircraft's registration. The application cannot be made without the consent of everyone who holds a property interest in the aircraft.

Regulation 13M requires the Authority to cancel the registration of an aircraft, if the Authority is satisfied that the aircraft has been destroyed, stolen, permanently lost or withdrawn from use. It also allows the Authority to cancel an aircraft's registration if it is satisfied that its use as an aircraft is no longer possible or desirable.

Regulation 13N requires the Authority to cancel the registration of an aircraft if the certificate of registration holder has stopped being an entitled person. The holder has important duties to carry out and must hold a position in relation to the aircraft that will enable him or her to carry out those duties. The cancellation of the registration is the consequence of not having a holder who can carry out those duties. But if an application to be the new holder of the certificate of registration has been received before cancellation is carried out, the Authority is not required to cancel the registration and must first deal with the application.

The Authority must give written notice of the cancellation to those persons who have a property interest in the aircraft and of whom the Authority has been notified.

Regulation 13O requires the Authority to cancel the registration of an aircraft, if the holder of the certificate has given notice that he or she no longer wishes to have that position and the period of notice of at least 30 days required under regulation 13H has expired.

The Authority is not required to cancel the registration if an application to be the holder has been received before the cancellation is carried out.

Regulation 13P provides that the Authority may cancel the registration of an aircraft on any of the grounds set out in subregulation 13P(1). Under that subregulation, the Authority may take action if it is satisfied on reasonable grounds that:

-       the aircraft is no longer being used as an aircraft

-       the aircraft is registered in a foreign country

-       the aircraft has been destroyed, stolen, permanently lost or withdrawn from use

-       the holder of the certificate of registration has died, ceased to exist or has stopped being an entitled person

-       any particulars given to the Authority under this Part about the aircraft are found to be incorrect

-       the Authority has not been notified of the acquisition or disposal of a property interest in the aircraft.

These grounds allow the Authority to cancel the registration in situations in which it is no longer practical, necessary or desirable for the registration to continue in force. It also allows the Authority to take action if it has been given incorrect information about an aircraft or has not been notified of changes to the information that it has. Regulation 13P does not override regulations 13M and 13N which make it compulsory for the Authority to cancel the registration of an aircraft in some circumstances. Before cancelling or suspending the registration of an aircraft, the Authority must give persons with an interest in the aircraft a chance to give reasons why it should not do so. If, after taking account of any reasons given as to why it should not do so, the Authority decides to cancel or suspend the registration, it must give persons with an interest in the aircraft notice that it has done so.

Regulation 13Q states that an aircraft is taken to be unregistered while its registration is suspended. The period of suspension counts as part of the period of registration.

Regulation 13R requires the return of the certificate of registration if the registration of an aircraft expires or is cancelled.

Regulation 13S allows a new certificate of registration to be issued without the registration of the aircraft having to be cancelled, if the previous holder of the certificate has to be replaced. If an application for a new certificate is made under regulation 13S before the registration of the aircraft is cancelled, then the registration cannot be cancelled before the application is dealt with.

The appointment of the new holder will be subject to the same, conditions that applied to the appointment of the original holder. The issue of the new certificate is subject to payment of the applicable charge.

Miscellaneous matters

Regulation 13T allows a body corporate to alter the notice supplied to the Authority under subregulation 12(1) which contains the name of an officer on whom documents may be served, and the address of an office at which documents may be left.

Regulation 13U states that documents may be served on a body corporate by serving them on the officer, or leaving them at the office, mentioned for that purpose in the notice supplied under subregulation 12(1).

Regulation 14 allows the Authority to ask for further particulars in order to deal with an application. It may refuse to proceed with the application until it is supplied with those particulars.

Regulation 5

This regulation inserts a new heading applicable to regulation 15. Regulation 15 is separate from the previous registration provisions since it sets out methods of determining the nationality of aircraft, regardless of where they may be registered.

Regulation 6

This regulation omits subregulations 16(2) and (3) and substitutes new subregulations.

The new subregulation (2) allows a registration mark to consist of letters or letters and numbers, instead of letters alone as is presently the case. The new subregulation (2A) prohibits the use of numbers in a registration mark, if a mark consisting only of letters is available. It also prohibits the use of a zero or the number "1", so as to prevent confusion with the letters "O" and "I".

The new subregulation (3) requires payment of an applicable charge before a registration mark is reserved in accordance with its provisions. The new subregulation (3A) provides that a mark cannot be reserved if it is currently in use.

Regulation 7

This regulation inserts regulations 16A and 16B after regulation 16:

Regulation 16A allows a holder of the certificate of registration of an Australian aircraft to apply for a new registration mark. Payment of the applicable charge is necessary before the current mark is replaced.

Regulation 16B provides that a mark assigned to an aircraft cannot be assigned to another aircraft unless it has been withdrawn by the Authority or the aircraft has been destroyed, permanently withdrawn from use or has had its registration withdrawn to allow registration in another country.

Regulation 8

This regulation amends regulation 17 to allow for the introduction of a new regulation 17A dealing specifically with the location of marks on rotorcraft.

Regulation 9

This regulation inserts a new regulation 17A in the Regulations. Regulation 17A contains provisions relating to the location of marks on a rotorcraft. The regulation is considered necessary in view of the differences in configuration between a rotorcraft and a fixed wing aircraft.

Regulation 10

This regulation amends regulation 18, which deals with the type and measurements of letters in marks. The amendments provide for the future introduction of numerals into marks.

The amendments also introduce a new subregulation (2) which deals with the manner in which marks on an aircraft may be displayed.

Regulation 11

This regulation omits regulation 19 which allows the Authority to determine the manner in which marks are to appear on an aircraft without parts corresponding to those mentioned in regulations 17 and 18. The regulation will no longer be necessary following the introduction of more detailed provisions, including regulation 17A, to deal with the location of marks.

Regulation 12

This regulation substitutes a new regulation 2b for the present regulation, which restricts the display of additional advertisements, signs or lettering on an aircraft without the approval of the Authority. The new regulation 20 prohibits the display of additional markings on an aircraft only if they could prevent recognition of the nationality mark and registration mark.

Regulations 13, 14, 15 and 16

These regulations replace references in regulations 24, 25, 27 and 50 to owners, operators and persons with interests in aircraft with references to holders of certificates of registration. This is consistent with the Authority's new policy of dealing, wherever possible, only with the holder of the certificate of registration.

Regulation 17

This regulation amends regulation 277 by replacing paragraph (a) with a new paragraph which refers to "the holder of the certificate of registration". This amendment relates only to style.

Regulation 18

This regulation amends subregulation 297A(1) to give a right of review to the Administrative Appeals Tribunal in respect of the cancellation or suspension of the registration of an aircraft.

Transitional provisions

Regulation 19

This regulation provides that previously issued certificates of registration that are in force at the time the amendments come into effect are not affected. Previously registered aircraft will also not be affected by the amendments.

Regulation 20

This regulation allows a holder of a certificate of registration to continue in that position after the amendments come into effect, although he or she may not be entitled to hold the certificate under the amended regulations.

For regulation 20 to apply, however, the person would have to have been entitled to hold the certificate under the Regulations as in force before the amendments.

Regulation 21

This regulation allows the register of Australian aircraft, kept under the present regulation 8, to continue to be kept as if it were the register required under the new regulations.

Regulation 22

Subregulation 22.1 allows a direction issued by the Authority under the present regulation 13 to continue in effect as if issued under the corresponding provision (subregulation 8(3)) of the amended regulations.

Subregulation 22.2 allows administrative procedures commenced in relation to the registration or marking of aircraft to continue as if commenced under the corresponding provision of the new regulations, but only if there is such a corresponding provision. This provision is intended to avoid applications having to be repeated or action already commenced having to be set aside.


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