Federal Register of Legislation - Australian Government

Primary content

SR 2000 No. 204 Regulations as made
These Regulations amend the Civil Aviation Regulations 1988; Civil Aviation Regulations 1998.
Administered by: Infrastructure and Transport
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003. Disallowed in Part
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 9
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR14-Aug-2000
Tabled Senate14-Aug-2000
Gazetted 31 Jul 2000
Date of repeal 19 Mar 2014
Repealed by Civil Aviation (Spent and Redundant Instruments) Repeal Regulation 2014
Table of contents.

Civil Aviation Amendment Regulations 2000 (No. 3)

Statutory Rules 2000 No. 204

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Civil Aviation Act 1988.

Dated 24 July 2000

WILLIAM DEANE

Governor-General

By His Excellency’s Command

JOHN ANDERSON

Minister for Transport and Regional Services

 


Civil Aviation Amendment Regulations 2000 (No. 3)1

Statutory Rules 2000 No. 2042

made under the

 

 

 

Contents

                                                                                                                 Page

                        1  Name of Regulations                                                         3

                        2  Commencement                                                                3

                        3  Amendment of Civil Aviation Regulations 1998 commencing on gazettal           3

                        4  Amendment of Civil Aviation Regulations 1998 and Civil Aviation Regulations 1988 commencing on 1 October 2000                                                               3

                        5  Transitional — Australian aircraft marked in accordance with CAR 1988            3

                        6  Transitional — aircraft registered under CAR 1988               4

                        7  Transitional — application for registration of an aircraft pending immediately before commencement of Part 47                                               4

                        8  Transitional — registration marks reserved for assignment under CAR 1988     5

Schedule 1           Amendments of Civil Aviation Regulations 1998 commencing on gazettal   6

Schedule 2           Amendments of Civil Aviation Regulations 1998 commencing on 1 October 2000    28

Schedule 3           Amendments of Civil Aviation Regulations 1988 commencing on 1 October 2000    84

 


Do not delete : Part placeholder

Do not delete : Division placeholder

1              Name of Regulations

                These Regulations are the Civil Aviation Amendment Regulations 2000 (No. 3).

2              Commencement

                These Regulations commence as follows:

                 (a)     on gazettal — regulations 1, 2 and 3, and Schedule 1;

                (b)     on 1 October 2000 — regulations 4, 5, 6, 7 and 8, and Schedules 2 and 3.

3              Amendment of Civil Aviation Regulations 1998 commencing on gazettal

                Schedule 1 amends the Civil Aviation Regulations 1998.

4              Amendment of Civil Aviation Regulations 1998 and Civil Aviation Regulations 1988 commencing on 1 October 2000

         (1)   Schedule 2 amends the Civil Aviation Regulations 1998.

         (2)   Schedule 3 amends the Civil Aviation Regulations 1988.

5              Transitional — Australian aircraft marked in accordance with CAR 1988

                Despite Part 45 of CAR 1998, an Australian aircraft registered before the commencement of this regulation need not bear markings that comply with that Part until it is repainted if, until then, the aircraft bears nationality marks and registration marks in accordance with Division 7 of Part 3 of CAR 1988 (as in force immediately before the commencement of this regulation).

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; and

                (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.


Schedule 1        Amendments of Civil Aviation Regulations 1998 commencing on gazettal

(regulation 3)

Do not delete : Schedule Part placeholder

[1]         Before regulation 1.1

insert

1.0           Make-up of this Part

                This Part is made up as follows:

1.0                Make-up of this Part

1.1                Name of regulations

1.2                Commencement

1.3                Harmonisation with FARs

1.4                Dictionary

1.6                Availability of documents

1.7                Status of notes

[2]         Regulation 1.4

substitute

1.4           Dictionary

         (1)   The Dictionary at the end of these Regulations consists of 2 parts.

         (2)   Part 1 contains:

                (a)    definitions of certain expressions; and

               (b)    signpost references to expressions that are explained in Part 2 or elsewhere in these Regulations.

Note                   A signpost reference to an expression explained elsewhere than in the Dictionary (eg ATSO authorisation see paragraph 21.601 (2) (b)) is included in the Dictionary only if the definition of the word or expression applies outside the regulation in which the word or expression is defined.

         (3)   Part 2 consists of numbered clauses that explain certain other expressions otherwise than by means of definitions.

         (4)   Unless the contrary intention appears, the definition or explanation of an expression in these Regulations applies to each use of the expression in these Regulations.

         (5)   The Dictionary is part of these Regulations.

[3]         Regulation 1.5

omit

[4]         After Part 1

insert

Part 11               Rule making and regulatory procedures

Note   This Part heading is reserved for future use.

Part 13               Investigative and enforcement procedures

Note   This Part heading is reserved for future use.

[5]         Before regulation 21.1

insert

21.0        Make-up of this Part

                This Part is made up as follows:

Subpart A             General

21.0             Make-up of this Part

21.1             Applicability

21.1A           Definition for Subpart

21.1B           Application of Part

21.2             Falsification of applications, reports or records

21.2A           Requests for information

21.2B           Applicants to be told about decisions

21.2C          Suspension or cancellation of an instrument

21.2D          Show cause notices

21.2E           Cancellation of an instrument at the request of the holder

21.3             Reporting failures, malfunctions, and defects

21.5             Aeroplane or rotorcraft flight manual

Subpart B            Type certificates and type acceptance certificates

21.11           Applicability

21.12           Recognised foreign countries

21.13           Eligibility

21.13A        Issue of type certificate

21.14           Recognition of foreign certification

21.15           Application for type certificate

21.16           Special standards and other conditions on type certificates

21.17           Designation of applicable airworthiness standards

21.19           Changes requiring a new type certificate

21.21           Type certificate: normal, utility, acrobatic, commuter, and transport category aircraft; manned free balloons; special classes of aircraft; aircraft engines; propellers

21.24           Type certificate: primary category aircraft

21.25           Issue of type certificate: restricted category aircraft

21.26           Type certificate: intermediate category aircraft

21.27           Type certificate: surplus aircraft of the Armed Forces

21.29           Type certificate for imported aircraft not type certificated by NAA of recognised country

21.29A        Type acceptance certificate for imported aircraft certificated by NAA of recognised country

21.29B        Issue of type acceptance certificates subject to conditions

21.29C        Refusal to issue type acceptance certificate

21.31           Type design — meaning

21.33           Inspection and tests

21.35           Flight tests

21.37           Flight test pilot

21.39           Flight test instrument calibration and correction report

21.41           Type certificate — meaning

21.43           Location of manufacturing facilities

21.47           Transferability

21.49           Availability

21.50           Instructions for continued airworthiness and manufacturer’s maintenance manuals having airworthiness limitations sections

21.51           Type certificates and type acceptance certificates — duration and suspension or cancellation

21.53           Statement of conformity

Subpart C            Provisional type certificates

21.71           Applicability

21.73           Eligibility

21.75           Application

21.76           Issue of provisional type certificate

21.77           Duration

21.78           Suspension and cancellation

21.79           Transferability

21.81           Requirements for issue and amendment of Class I provisional type certificates

21.83           Requirements for issue and amendment of Class II provisional type certificates

21.85           Provisional amendments to type certificates

Subpart D            Changes to type certificates

21.91           Applicability

21.93           Classification of changes in type design

21.95           Approval of minor changes in type design

21.97           Eligibility for approval of major changes in type design

21.98           Issue of approval of major change in type design

21.99           Required design changes

21.101         Designation of applicable regulations

Subpart E             Supplemental type certificates

21.111         Applicability

21.113         Eligibility for supplemental type certificate

21.113A      Issue of supplemental type certificate

21.114         Foreign supplemental type certificates

21.115         Applicable requirements

21.117         Entitlement to supplemental type certificates

21.118         Duration, suspension and cancellation of supplemental type certificates

21.119         Duration, suspension and cancellation of foreign supplemental type certificates

Subpart F             Production under type certificate only

21.121         Applicability

21.123         Production under type certificate

21.125         Production inspection system: Materials Review Board

21.127         Tests: aircraft

21.128         Tests: aircraft engines

21.129         Tests: variable pitch propellers

21.130         Statement of conformity

21.130A      Records to be kept by manufacturer

Subpart G            Production certificates

21.131         Applicability

21.133         Eligibility

21.134         Issue of production certificate

21.135         Requirements for entitlement

21.137         Location of manufacturing facilities

21.139         Quality system

21.143         Quality system data requirements: prime manufacturer

21.144         Production inspection system

21.145         Materials Review Board

21.147         Changes in quality system

21.149         Multiple products

21.151         Production limitation record

21.153         Amendment of production certificate

21.155         Transferability

21.157         Inspections and tests

21.159         Duration

21.161         Display

21.163         Privileges

21.165         Responsibility of holder

21.166         Records to be kept by holder of production certificate

Subpart H            Certificates of airworthiness (except provisional certificates of airworthiness) and special flight permits

21.171         Applicability

21.173         Eligibility

21.175         Certificates of airworthiness: classification

21.176         Issue of certain certificates of airworthiness

21.179         Transferability

21.181         Duration of certain certificates of airworthiness

21.183         Standard certificates of airworthiness

21.184         Special certificates of airworthiness for primary category aircraft

21.184A      Special certificates of airworthiness for intermediate category aircraft

21.185         Certificates of airworthiness for restricted category aircraft

21.187         Multiple-category airworthiness certification

21.189         Special certificate of airworthiness for limited category aircraft

21.190         Special certificates of airworthiness — amateur-built category aircraft accepted under an ABAA

21.191         Experimental certificates

21.192         Experimental certificates: eligibility

21.193         Experimental certificates: general

21.195         Experimental certificates: aircraft to be used for market surveys, sales demonstrations, and customer crew training

21.195A      Issue of experimental certificates

21.195B      Duration of experimental certificates

21.196         Special flight permits: eligibility

21.197         Special flight permits

21.199         Applications for special flight permits

21.200         Issue of special flight permits

21.201         Duration of special flight permits

Subpart I              Provisional certificates of airworthiness

21.211         Applicability

21.213         Eligibility

21.215         Application

21.216         Issue of provisional certificates of airworthiness

21.217         Duration

21.219         Transferability

21.221         Class I provisional certificates of airworthiness

21.223         Class II provisional certificates of airworthiness

21.225         Provisional certificates of airworthiness corresponding with provisional amendments to type certificates

Subpart J             Delegation option authorisation procedures

21.231         Applicability

21.235         Application

21.239         Eligibility

21.243         Duration

21.245         Maintenance of eligibility

21.247         Transferability

21.249         Inspections

21.251         Use of delegation option authorisation

21.253         Type certificates: application

21.257         Type certificates: issue

21.261         Equivalent safety provisions

21.267         Production certificates

21.269         Export airworthiness approvals

21.271         Airworthiness tag/release note — criteria for issue

21.273         Certificates of airworthiness

21.275         Experimental certificates

21.277         Data review and service experience

21.289         Major repairs, rebuilding and alteration

21.293         Records to be kept by a manufacturer under a delegation option authorisation

Subpart K            Approval of materials, parts, processes and appliances

21.301         Applicability

21.303         Replacement and modification parts

21.305         Approval of materials, parts, processes and appliances

21.305A      Approval of materials, parts, processes and appliances not covered by regulation 21.305

21.306         Use of standard parts and materials

Subpart L             Export airworthiness approvals

21.321         Applicability

21.323         Eligibility

21.324         Issue of export airworthiness approvals

21.325         Export airworthiness approvals

21.327         Application

21.329         Issue of export airworthiness approvals for Class I products

21.331         Issue of airworthiness approvals for Class II products

21.333         Issue of export airworthiness approvals for Class III products

21.337         Performance of inspections and overhauls

21.339         Export airworthiness approval for aircraft

Subpart N            Approval of engines, propellers, materials, parts and appliances: imported

21.500         Approval of imported aircraft engines and propellers

21.500A      Approval of other imported aircraft engines and propellers

21.502         Approval of imported materials, parts and appliances

21.502A      Approval of other imported materials, parts and appliances

Subpart O            Australian Technical Standard Order Authorisations

21.601         Applicability

21.603         ATSO marking and privileges

21.605         Application and issue

21.607         General rules governing holders of ATSO authorisations

21.609         Approval for deviation

21.611         Design changes

21.613         Record keeping requirements

21.615         CASA inspection

21.617         Issue of letters of ATSO design approval: import appliances

21.619         Non-compliance

21.621         Transferability and duration

[6]         Before regulation 22.1

insert

22.0        Make-up of this Part

                This Part is made up as follows:

22.0             Make-up of this Part

22.1             Airworthiness standards

22.2             Incidental provisions

22.3             Changes to JAR-22 (Sailplanes and Powered Sailplanes)

22.4             Changes to Section E of the British Civil Airworthiness Requirements

22.5             Changes to the Airworthiness Requirements for Sailplanes and Powered Sailplanes

22.6             Approvals under JAR-22 (Sailplanes and Powered Sailplanes)

22.7             Approvals under Section E of the British Civil Airworthiness Requirements

22.8             Approvals under the Airworthiness Requirements for Sailplanes and Powered Sailplanes

22.9             Approvals under OSTIV Airworthiness Standards for Sailplanes

[7]         Before regulation 23.1

insert

23.0        Make-up of this Part

                This Part is made up as follows:

23.0             Make-up of this Part

23.1             Airworthiness standards

23.2             Incidental provisions

23.3             Changes to Part 23 of the FARs

23.4             Changes to JAR-VLA

23.5             Changes to JAR-23

23.6             Approvals under Part 23 of the FARs

23.7             Approvals under JAR-VLA

23.8             Approvals under JAR-23

[8]         Before regulation 25.1

insert

25.0        Make-up of this Part

                This Part is made up as follows:

25.0             Make-up of this Part

25.1             Airworthiness standards

25.2             Incidental provisions

25.3             Changes to Part 25 of the FARs

25.4             Changes to JAR-25

25.5             Approvals under Part 25 of the FARs

25.6             Approvals under JAR-25

[9]         Before regulation 26.1

insert

26.0        Make-up of this Part

                This Part is made up as follows:

26.0             Make-up of this Part

26.1             Airworthiness standards

26.2             Incidental provisions

[10]      Before regulation 27.1

insert

27.0        Make-up of this Part

                This Part is made up as follows:

27.0             Make-up of this Part

27.1             Airworthiness standards

27.2             Incidental provisions

27.3             Changes to Part 27 of the FARs

27.4             Approvals under Part 27 of the FARs

[11]      Before regulation 29.1

insert

29.0        Make-up of this Part

                This Part is made up as follows:

29.0             Make-up of this Part

29.1             Airworthiness standards

29.2             Incidental provisions

29.3             Changes to Part 29 of the FARs

29.4             Approvals under Part 29 of the FARs

[12]      Before regulation 31.1

insert

31.0        Make-up of this Part

                This Part is made up as follows:

31.0             Make-up of this Part

31.1             Airworthiness standards

31.2             Incidental provisions

[13]      Before regulation 32.1

insert

32.0        Make-up of this Part

                This Part is made up as follows:

32.0             Make-up of this Part

32.1             Airworthiness standards

32.2             Incidental provisions

32.3             Changes to Subpart H of JAR-22

32.4             Approvals under Subpart H of JAR-22

[14]      Before regulation 33.1

insert

33.0        Make-up of this Part

                This Part is made up as follows:

33.0             Make-up of this Part

33.1             Airworthiness standards

33.2             Incidental provisions

33.3             Changes to Part 33 of the FARs

33.4             Approvals under Part 33 of the FARs

[15]      Before regulation 35.1

insert

35.0        Make-up of this Part

                This Part is made up as follows:

35.0             Make-up of this Part

35.1             Airworthiness standards

35.2             Incidental provisions

35.3             Changes to Part 35 of the FARs

35.4             Approvals under Part 35 of the FARs

[16]      Before regulation 39.1

insert

39.0        Make-up of this Part

                This Part is made up as follows:

39.0             Make-up of this Part

39.1             CASA may issue airworthiness directives

39.2             Aircraft etc covered by AD

39.3             Australian aircraft covered by AD etc not to be operated

39.4             Aircraft etc excluded from operation of AD on adoption of alternative method for correcting unsafe condition

39.5             Aircraft etc excluded from operation of AD because unsafe condition has ceased to exist

39.6             Request for review of operation of AD

39.7             Action to be taken by CASA on receiving request under regulation 39.6

[17]      After Part 39

insert

Part 43               Maintainers’ responsibilities

Note   This Part heading is reserved for future use.

Part 45               Display of nationality and registration marks and aircraft registration identification plates

Note   This Part heading is reserved for future use.

Part 47               Registration of aircraft and related matters

Note   This Part heading is reserved for future use.

Part 61               Pilot licensing

Note   This Part heading is reserved for future use.

Part 63               Flightcrew licensing other than pilots

Note   This Part heading is reserved for future use.

Part 64               Ground operations personnel licensing

Note   This Part heading is reserved for future use.

Part 65               Air traffic controller licensing

Note   This Part heading is reserved for future use.

Part 66               Maintenance personnel licensing

Note   This Part heading is reserved for future use.

Part 67               Medical standards

Note   This Part heading is reserved for future use.

Part 71               Airspace

Note   This Part heading is reserved for future use.

Part 90               Additional airworthiness standards

Note   This Part heading is reserved for future use.

Part 91               General operating and flight rules

Note   This Part heading is reserved for future use.

Part 101             Unmanned aircraft and rocket operations

Note   This Part heading is reserved for future use.

Part 103             Sport and recreational aviation operations

Note   This Part heading is reserved for future use.

Part 105             Sport and recreational parachuting from aircraft

Note   This Part heading is reserved for future use.

Part 115             Commercial sport and recreational aviation operations

Note   This Part heading is reserved for future use.

Part 119             Air operator certification — commercial air transport

Note   This Part heading is reserved for future use.

Part 121             Commercial air transport operations (aeroplanes)

Note   This Part heading is reserved for future use.

Part 129             Commercial air transport operations (foreign operators)

Note   This Part heading is reserved for future use.

Part 133             Commercial air transport and aerial work operations (rotorcraft)

Note   This Part heading is reserved for future use.

Part 137             Aerial work operations (other than rotorcraft)

Note   This Part heading is reserved for future use.

Part 138             Search and rescue operations

Note   This Part heading is reserved for future use.

Part 139             Aerodrome certification and operation

Note   This Part heading is reserved for future use.

Part 141             Flying training organisations

Note   This Part heading is reserved for future use.

Part 142             Flight crew training and checking organisations

Note   This Part heading is reserved for future use.

Part 143             Air traffic services training organisations

Note   This Part heading is reserved for future use.

Part 144             Distribution organisations

Note   This Part heading is reserved for future use.

Part 145             Maintenance organisations

Note   This Part heading is reserved for future use.

Part 146             Design organisations

Note   This Part heading is reserved for future use.

Part 147             Maintenance training organisations

Note   This Part heading is reserved for future use.

Part 148             Synthetic training devices

Note   This Part heading is reserved for future use.

Part 149             Recreational aviation administration organisations

Note   This Part heading is reserved for future use.

Part 171             Aeronautical telecommunications organisations

Note   This Part heading is reserved for future use.

Part 172             Air traffic services organisations

Note   This Part heading is reserved for future use.

Part 173             Aeronautical information services

Note   This Part heading is reserved for future use.

Part 183             Authorised representatives

Note   This Part heading is reserved for future use.

[18]      Part 200, before Division 1

insert

Subpart A              General

200.0      Make-up of this Part

                This Part is made up as follows:

Subpart A             General

200.0           Make-up of this Part

Subpart B            Exemption from Regulations

200.1           Hang gliders

200.2           Privately built single-place ultralight aeroplanes

200.3           Single-place gyroplanes with empty weight not over 250 kilograms

200.4           Two-place gyroplanes with empty weight not over 300 kilograms

200.5           Tethered balloons, kites, parasails and gyrogliders

200.6           Unmanned free balloons

200.8           Defence Force aircraft operated by civilian flight crew

200.9           Untethered model aircraft flown out of doors

200.10         Military aircraft undergoing production or acceptance flight testing

200.13         Weight-shift-controlled aeroplanes and powered parachutes

200.14         Aeroplanes to which section 95.55 of the Civil Aviation Orders applies

Subpart C            Authorisation to fly

200.20         Authorised flight without certificate of airworthiness

[19]      Part 200, Division 1, heading

substitute

Subpart B              Exemption from Regulations

[20]      Part 200, Division 2, heading

substitute

Subpart C              Authorisation to fly

[21]      Before regulation 201.1

insert

201.0      Make-up of this Part

                This Part is made up as follows:

201.0           Make-up of this Part

201.1           Appointment of authorised persons

201.2           Delegation of CASA’s powers

201.3           Commonwealth and CASA not liable in certain cases

201.4           Review of decisions

[22]      Before regulation 202.1

insert

202.0      Make-up of this Part

                This Part is made up as follows:

202.0           Make-up of this Part

202.1           Certificates of type approval

202.2           Certificates of airworthiness

202.3           Export certificate of airworthiness

202.4           Airworthiness directives

202.5           Application for exemption from, or variation of, requirement of airworthiness directive

202.6           Exemption from requirement of airworthiness directive

[23]      Dictionary, after the heading

insert

Part 1                 Definitions

[24]      Dictionary, after definition of aeronautical product

insert

APMA means Australian Parts Manufacturer Approval.

[25]      Dictionary, definition of JAR

omit

regulation 1.5

insert

clause 1 of Part 2

[26]      Dictionary, at the end

insert

Part 2                 Interpretation of certain expressions not defined in Part 1

1              Meaning of JAR

                In these Regulations:

                (a)    JAR means the Joint Aviation Requirements agreed to by, and published on behalf of, the European Joint Airworthiness Authorities; and

               (b)    JAR, linked by a hyphen to a number, a letter or letters, or a combination of a number and a letter or letters, is a reference to the provision of the Joint Aviation Requirements that is identified by that number, that letter or those letters, or that combination.

5          Classes of aircraft

                For these Regulations, aircraft are divided into the following classes:

                (a)    aeroplane;

               (b)    rotorcraft;

                (c)    ornithopter;

               (d)    glider;

                (e)    kite;

                (f)    airship;

               (g)    captive balloon;

               (h)    free balloon.

Schedule 2        Amendments of Civil Aviation Regulations 1998 commencing on
1 October 2000

(subregulation 4 (1))

Do not delete : Schedule Part placeholder

[1]         Regulation 21.0

after

21.181         Duration of certain certificates of airworthiness

insert

21.182         Aircraft manufacturer’s data plate

[2]         Regulation 21.0, at the end

insert

Subpart Q            Identification of aircraft and aeronautical products

Division 1   Preliminary

21.805         Applicability of this Subpart

21.810         Meaning of fireproof

Division 2   Aircraft, aircraft engines and aircraft propellers

21.815         Applicability of this Division

21.820         Manufacturer’s data plate must be attached to aircraft

21.825         Manufacturer’s data plate must be attached to basket of manned free balloon

21.830         Heater assembly of manned balloon must carry identification mark

21.835         Manufacturer’s data plate must be attached to aircraft engine

21.840         Aircraft propellers, blades and hubs must carry identification marks

Division 3   Critical parts

21.845         Applicability of this Division

21.850         Identification of critical parts

21.855         Removal or alteration of identification on critical parts

Division 4   Replacement or modification of parts

21.860         Applicability of this Division

21.865         Identification of parts

21.870         Exemption from obligation to mark

[3]         Subregulation 21.173 (1)

omit

holder of the certificate of registration for

insert

registration holder of

[4]         After regulation 21.181

insert

21.182   Aircraft manufacturer’s data plate

         (1)   Except as set out in subregulation (2), an applicant for a certificate of airworthiness for an aircraft must show that the aircraft is identified:

                (a)    as required by regulation 21.820; or

               (b)    in the case of an imported aircraft:

                          (i)    as required by the NAA of the Contracting State in which it was certificated; or

                         (ii)    in another way acceptable to CASA.

         (2)   Subregulation (1) does not apply to an applicant:

                (a)    if the applicant is applying for an experimental certificate for an aircraft that is not amateur-built or kit-built; or

               (b)    if:

                          (i)    a different certificate of airworthiness is in force for the aircraft; and

                         (ii)    the applicant for the issue of that certificate complied with subregulation (1).

Source   FARs section 21.182 modified.

[5]         Regulation 21.192

omit

holder of the certificate of registration for

insert

registration holder of

[6]         Part 21, after Subpart O

insert

Subpart Q              Identification of aircraft and aeronautical products

Division 1                      Preliminary

21.805    Applicability of this Subpart

                This Subpart applies to an aircraft, aircraft engine, aircraft propeller, critical part or other aircraft part manufactured after this Subpart commences.

21.810    Meaning of fireproof

         (1)   A reference in this Subpart to a fireproof manufacturer’s data plate is a reference to a data plate that:

                (a)    is made of material that withstands the heat of a fire at least as well as a steel plate of the same size and thickness; and

               (b)    on which the details that it is required to bear are legibly marked by a fireproof method.

         (2)   In this Subpart:

fireproof method of marking means marking by:

                (a)    etching, stamping or engraving; or

               (b)    another similar method of marking approved for a particular purpose.

Division 2                      Aircraft, aircraft engines and aircraft propellers

21.815   Applicability of this Division

                This Division applies to an aircraft (or an aircraft engine or aircraft propeller) manufactured after this Subpart commences.

21.820   Manufacturer’s data plate must be attached to aircraft

         (1)   This regulation sets out the requirements for attaching a manufacturer’s data plate to an aircraft to which this Division applies.

         (2)   The holder of the type certificate or production certificate under which such an aircraft is manufactured must attach to it, as set out in subregulations (3) and (4), a fireproof manufacturer’s data plate bearing the following information:

                (a)    the name of the manufacturer;

               (b)    the name of the holder of the type certificate (if any);

                (c)    the name of the holder of the production certificate (if any);

               (d)    the aircraft’s model designation;

                (e)    the aircraft’s serial number.

Penalty:   20 penalty units.

         (3)   The data plate must be attached in a way that ensures that it is not likely to be defaced or removed during normal service, nor lost or destroyed in an accident.

         (4)   The data plate must be attached:

                (a)    to a manned balloon — to the lower section of the balloon’s envelope in a place where the operator can read it when the balloon is inflated; or

               (b)    to a glider — in a visible place inside the cockpit; or

                (c)    to any other aircraft — in a place where it is clearly legible:

                          (i)    on the frame of the aircraft’s rearmost entrance; or

                         (ii)    near, but aft of, the aircraft’s rearmost entrance; or

                        (iii)    on the aircraft’s fuselage near its tail.

Note   For the definition of aircraft see subsection 3 (1) of the Act.  For the definitions of identification number, manned balloon, production certificate and type certificate see the Dictionary.

21.825   Manufacturer’s data plate must be attached to basket of manned free balloon

         (1)   This regulation sets out an additional requirement for attaching a manufacturer’s data plate to the basket of a manned free balloon to which this Division applies.

         (2)   This regulation applies to the holder of the type certificate or production certificate under which such a balloon is manufactured.

         (3)   The holder of the type certificate must attach to the basket of the balloon, as set out in subregulation (4), a heat-resistant metal plate on which the following information is legibly marked by a fireproof method:

                (a)    the name of the manufacturer;

               (b)    the name of the holder of the type certificate (if any);

                (c)    the name of the holder of the production certificate (if any);

               (d)    the basket’s part number;

                (e)    the basket’s serial number.

Penalty:   20 penalty units.

         (4)   The manufacturer’s data plate must be attached to the basket in a way that ensures that the plate is not likely to be defaced or removed during normal service, nor to be lost or destroyed in an accident.

Note   For the definitions of manned balloon, production certificate and type certificate see the Dictionary.

21.830   Heater assembly of manned balloon must carry identification mark

         (1)   This regulation applies to a manned balloon to which this Division applies that has a heater assembly.

         (2)   The holder of the type certificate or production certificate under which the balloon is manufactured must, as set out in subregulation (3), also mark on the heater assembly, by a fireproof method, the information mentioned in subregulation (4).

Penalty:   20 penalty units.

         (3)   The information must be marked in a way that ensures that it is not likely to be defaced.

         (4)   The information is:

                (a)    the name of the heater’s manufacturer; and

               (b)    its part number; and

                (c)    its serial number.

Note   For the definitions of manned balloon, production certificate and type certificate see the Dictionary.

21.835   Manufacturer’s data plate must be attached to aircraft engine

         (1)   This regulation sets out the requirements for attaching a manufacturer’s data plate to an aircraft engine to which this Division applies.

         (2)   This regulation applies to the holder of the type certificate or production certificate under which such an aircraft engine is manufactured.

         (3)   The holder of the type certificate or production certificate must attach to the engine, as set out in subregulation (4), a fireproof manufacturer’s data plate bearing the following information:

                (a)    the manufacturer’s name;

               (b)    for an aircraft engine manufactured under a type certificate — the name of the holder, and the identification number, of the certificate;

                (c)    for an aircraft engine manufactured under a production certificate — the name of the holder, and the identification number, of the certificate, and the identification number of the engine’s type certificate;

               (d)    the engine’s model designation;

                (e)    its serial number;

                (f)    if its rating is stated in its type certificate, that rating.

Penalty:   20 penalty units.

         (4)   The data plate must be attached to the engine:

                (a)    in a place where somebody carrying out maintenance on the engine can read it; and

               (b)    in a way that ensures that the plate is not likely to be defaced or become detached from the engine during normal service, nor to be lost or destroyed in an accident.

Note   For the definitions of identification number, production certificate and type certificate see the Dictionary.

21.840   Aircraft propellers, blades and hubs must carry identification marks

         (1)   This regulation sets out the requirements to mark information on, or attach a manufacturer’s data plate to, an aircraft propeller, propeller blade or propeller hub to which this Division applies.

         (2)   The holder of the type certificate or production certificate under which such a propeller, blade or hub is manufactured must:

                (a)    legibly mark on it by a fireproof method, as set out in subregulation (3), the information mentioned in subregulation (5); or

               (b)    attach to it, as set out in subregulation (4), a manufacturer’s data plate on which that information is legibly marked by a fireproof method.

Penalty:   20 penalty units.

         (3)   If information is marked on a propeller, blade or hub, it must be marked in a way that ensures that it is not likely to be defaced.

         (4)   If a manufacturer’s data plate is attached to a propeller, blade or hub, the plate must be attached to a non-critical surface in a way that ensures that the plate is not likely to be defaced or become detached during normal service, nor lost in an accident.

         (5)   The information is:

                (a)    the manufacturer’s name; and

               (b)    for a propeller, blade or hub manufactured under a type certificate — the name of the holder, and the identification number, of the certificate; and

                (c)    for a propeller, blade or hub manufactured under a production certificate — the name of the holder, and the identification number, of the certificate and the identification number of the propeller’s type certificate; and

               (d)    the model designation of the propeller, blade or hub; and

                (e)    its serial number.

Note   For the definitions of identification number, production certificate and type certificate see the Dictionary.

Division 3                      Critical parts

21.845   Applicability of this Division

                This Division applies to a critical part manufactured after the commencement of this Subpart.

21.850    Identification of critical parts

         (1)   This regulation applies to a person who manufactures, in Australia, a critical part to which this Division applies.

         (2)   The person must legibly and permanently mark on the part, as set out in subregulation (3), the following information:

                (a)    the part’s part number;

               (b)    its serial number.

Penalty:   20 penalty units.

         (3)   The information must be marked in a way that ensures that it is not likely to be defaced.

21.855    Removal or alteration of identification on critical parts

         (1)   Except with CASA’s written approval, a person must not remove or alter any of the information marked, in accordance with this Division, on a critical part to which this Division applies.

Penalty:   20 penalty units.

         (2)   CASA must not grant an approval under subregulation (1) if the granting of the approval would adversely affect the safety of air navigation.

Division 4                      Replacement or modification of parts

21.860    Applicability of this Division

                This Division applies to an aircraft part produced, under an APMA, after the commencement of this Subpart.

Note   For the definition of APMA see the Dictionary.

21.865    Identification of parts

         (1)   Subregulation (2) applies to the holder of the APMA under which a part to which this Division applies is manufactured.

         (2)   Subject to regulation 21.870, the holder of the APMA must legibly and permanently mark on the part, as set out in subregulation (3), the information required by subregulation (4).

Penalty:   20 penalty units.

         (3)   The information must be marked in a way that ensures that it is not likely to be defaced.

         (4)   The information is:

                (a)    the capital letters APMA; and

               (b)    the trade mark, name or symbol of the holder; and

                (c)    the part’s part number; and

               (d)    its serial number (if any).

21.870    Exemption from obligation to mark

         (1)   Subregulation (2) applies to a part to which this Division applies if CASA and the holder of the APMA under which the part is manufactured agree that it is impracticable to mark on it the information required by subregulation 21.865 (4).

         (2)   If this subregulation applies to a part, the holder of the APMA need not comply with regulation 21.865.

         (3)   However, the holder of the APMA is guilty of an offence punishable by a fine of 20 penalty units if he or she does not include the information in the authorised release certificate supplied with the part or with each container of the parts.

Note   For the definition of authorised release certificate see the Dictionary.

[7]         Parts 45 and 47

substitute

Part 45               Display of nationality and registration marks and aircraft registration identification plates

Subpart A              General

45.000    Make-up of this Part

                This Part is made up as follows:

Subpart A             General

45.000         Make-up of this Part

45.005         Applicability of this Part

Subpart B            Australian nationality and registration markings

Division 1   General rules

45.010         Applicability of this Subpart

45.015         Australian nationality mark

45.020         Registration mark

45.025         Meaning of markings and set of markings

45.030         Meaning of character

45.035         Requirement for aircraft to bear its markings

45.040         Markings not to be obscured

45.045         Number and location of sets of markings — fixed-wing aircraft

45.050         Number and location of sets of markings — rotorcraft

45.055         Number and location of sets of markings — airships

45.060         Number and location of sets of markings — manned balloons

45.065         Minimum height of characters

45.070         Minimum width of characters

45.075         Size of hyphens

45.080         Minimum spacing of characters

45.085         How markings to be marked on aircraft

45.090         No confusing markings to be on aircraft

Division 2   Exemptions from general rules

45.095         Exhibition aircraft

45.100         Antique, experimental and ex-military aircraft

45.105         Aircraft with special configuration

45.110         Australian aircraft used by Defence Force

Division 3   Removal of markings

45.115         Removal of markings from sold aircraft

Subpart C            Certain aircraft to bear words

45.120         Applicability of this Subpart

45.125         Requirement to bear certain words

45.130         Exemption for exhibition aircraft

Subpart D            Aircraft registration identification plates

45.135         Applicability of this Subpart

45.140         What an aircraft registration identification plate is

45.145         Aircraft must carry aircraft registration identification plate

45.150         How and where aircraft registration identification plate is to be attached to aircraft

45.155         Removal or alteration of aircraft registration identification plates

45.160         Attachment of aircraft registration identification plate from another aircraft

Subpart E             Marks on foreign registered aircraft operating in Australian Territory

45.165         Applicability of this Subpart

45.170         Marks to be on foreign registered aircraft in Australian territory

45.005    Applicability of this Part

         (1)   This Part deals mainly with:

                (a)    the nationality and registration marks of Australian aircraft; and

               (b)    the display of those, and other, marks on Australian aircraft; and

                (c)    the display of aircraft registration identification plates on Australian aircraft.

         (2)   This Part also makes provision about the display of nationality and registration marks on foreign registered aircraft.

Note   For the definitions of Australian aircraft and foreign registered aircraft see subsection 3 (1) of the Act.

Subpart B              Australian nationality and registration markings

Division 1                      General rules

45.010    Applicability of this Subpart

                This Subpart applies to all Australian aircraft.

Note   For the definition of Australian aircraft see subsection 3 (1) of the Act.

45.015    Australian nationality mark

                The Australian nationality mark is the capital letters VH.

45.020    Registration mark

                The registration mark of an Australian aircraft is the group of characters that is assigned to the aircraft under Subpart C of Part 47.

45.025    Meaning of markings and set of markings

         (1)   An Australian aircraft’s markings are:

                (a)    if the aircraft was registered by CASA — the letters VH (the Australian nationality mark) and the aircraft’s registration mark, in that order, connected by a hyphen; or

               (b)    if the aircraft was registered by a registration agent — the aircraft’s registration mark.

         (2)   A set of markings for an Australian aircraft is an instance of the aircraft’s markings.

45.030    Meaning of character

                In this Subpart:

character includes a letter and a digit, but does not include a hyphen.

45.035    Requirement for aircraft to bear its markings

         (1)   Except as Division 2 allows otherwise, an Australian aircraft, whenever it is operated, must bear as many sets of its markings as is required by whichever is applicable of regulations 45.045, 45.050, 45.055 and 45.060.

         (2)   Except as Division 2 allows otherwise, the sets must be on the outside of the aircraft in the places required by the applicable regulation.

         (3)   Except as Division 2 allows otherwise, the characters, and any hyphens, in each set must comply with regulations 45.065, 45.070 and 45.075.

         (4)   If an aircraft does not bear its markings as required by subregulations (1), (2) and (3), the aircraft’s registration holder is guilty of an offence punishable by a fine of 50 penalty units.

Note   For the definition of Australian aircraft see subsection 3 (1) of the Act.  For the definitions of registration holder and registration mark see the Dictionary.

45.040    Markings not to be obscured

                A set of markings must be in a position where it is not obscured at any time by a moveable surface of the aircraft.

45.045    Number and location of sets of markings — fixed-wing aircraft

         (1)   On a fixed-wing aircraft, 3 sets of the aircraft’s markings must be displayed, as follows:

                (a)    1 set either on the under surface of the port wing or across the under surface of both wings, in each case as set out in subregulation (2);

               (b)    the 2 other sets on:

                          (i)    the fuselage, as set out in subregulation (3); or

                         (ii)    engine nacelles or similar fixed obstructions on the fuselage, as set out in subregulation (5); or

                        (iii)    the vertical tail, as set out in subregulation (6).

         (2)   A marking on the wing of an aircraft:

                (a)    must have its top towards the leading edge of the wing; and

               (b)    must be as nearly as possible parallel to the leading edge, and half-way between the leading and the trailing edge, of the wing.

         (3)   If the markings are on the aircraft’s fuselage, there must be 1 set on each side of the fuselage:

                (a)    between the trailing edge of the wing and the leading edge of the tailplane; or

               (b)    if the aircraft is of canard configuration and has no tailplane — between the trailing edge of the foreplane and the leading edge of the wing.

         (4)   In subregulation (3):

tailplane includes the tail surfaces of an aeroplane that has a vee-tail.

         (5)   If there is an engine nacelle or similar fixed obstruction on the part of the fuselage mentioned in paragraph (3) (a) or (b), there may be a set of markings on each nacelle or obstruction.

         (6)   If the markings are on the aircraft’s vertical tail, there must be:

                (a)    if the aircraft has a single vertical tail — 1 set on each side of the tail; or

               (b)    if the aircraft has a multi-vertical tail — 1 set on the outer side of each of its outermost surfaces.

45.050    Number and location of sets of markings — rotorcraft

                On a rotorcraft, there must be 1 set of its markings on each side of its cabin, fuselage, boom or tail.

45.055    Number and location of sets of markings — airships

         (1)   An airship’s markings must be on either its hull or its stabilisers.

         (2)   If its markings are on its hull, there must be:

                (a)    1 set on the line of symmetry of its upper surface; and

               (b)    1 set on each side of its hull.

         (3)   If its markings are on its stabilisers:

                (a)    there must be 1 set on each of:

                          (i)    the upper surface of the right horizontal stabiliser; and

                         (ii)    the lower surface of the left horizontal stabiliser; and

               (b)    each of those sets must be as nearly as possible half-way between the leading and the trailing edge of the stabiliser; and

                (c)    the tops of the letters in each of those sets must be towards the leading edge of the stabiliser; and

               (d)    there must be 1 set on each side of the lower vertical stabiliser.

45.060    Number and location of sets of markings — manned balloons

         (1)   A manned balloon must bear 2 sets of its markings.

         (2)   On a spherical balloon, the 2 sets must be in diametrically opposite places near the maximum horizontal circumference of its envelope.

         (3)   On a non-spherical balloon, the 2 sets must be on opposite sides of its envelope as near as possible to its maximum cross-section, but no lower than the higher of:

                (a)    the rigging band; or

               (b)    the points of attachment of the basket or the basket suspension cables.

45.065    Minimum height of characters

         (1)   This regulation sets out the minimum height of the characters in a set of markings.

         (2)   All the characters in a set of markings must be of the same height.

         (3)   Subject to subregulation (5), the minimum height of the characters in a set of markings is:

                (a)    in the case of markings on an aircraft (other than a glider) for which there is in force an experimental certificate issued for the purpose referred to in paragraph 21.191 (d) or (g), and whose maximum cruising speed is not greater than 180 knots CAS — 75 millimetres (for all markings); or

               (b)    in the case of markings on any other fixed-wing aircraft (except a glider):

                          (i)    for markings on the aircraft’s wings — 500 millimetres; and

                         (ii)    for markings on other parts of the aircraft — 300 millimetres; or

                (c)    in any other case — as given in the following table.

Minimum heights of characters in markings on certain kinds of aircraft

Column 1

Item

Column 2

Kind of aircraft

Column 3

Minimum height (mm)

1

Rotorcraft

300

2

Glider

75


3

Airship

500

4

Manned balloon

500

         (4)   If a surface of the aircraft on which there must be a set of the aircraft’s markings is not large enough to allow the characters to be as high as required by subregulation (3), then:

                (a)    that subregulation is to be disregarded; and

               (b)    the characters must be as high as possible while keeping their proportions the same.

         (5)   If a set of markings is required to be on each of 2 symmetrical parts of the aircraft (for example, on each side of the fuselage or tail), the height of the characters in both sets must be the same.

45.070    Minimum width of characters

         (1)   The width of a character must be equal to 2/3 of its height, with the following exceptions:

                (a)    the letter ‘I’ and the digit ‘1’, whose width must be equal to 1/6‑th of their height;

               (b)    the letters ‘M’ and ‘W’, whose width may be equal to their height.

         (2)   A character must be made up of solid lines that are 1/6‑th as thick as the character is high.

45.075    Size of hyphens

         (1)   A hyphen in a set of markings must be 1/6‑th of the height of the characters in the set.

         (2)   The width of a hyphen must be equal to 4 times its height.

45.080    Minimum spacing of characters

         (1)   The space between any 2 adjacent characters must be at least 1/6‑th of their height.

         (2)   The space between a hyphen and a character must be at least 1/6‑th of the height of the character.

45.085    How markings to be marked on aircraft

         (1)   An Australian aircraft’s markings must be painted on it, or fixed to it in some other way that is at least as permanent as painting.

         (2)   The markings:

                (a)    must be legible; and

               (b)    must have no ornamentation; and

                (c)    must be of a colour that clearly contrasts with their background.

         (3)   Subregulation (2) does not prohibit the use of slanted characters if:

                (a)    the characters remain legible; and

               (b)    the slant is no more than 35° from the perpendicular.

         (4)   The characters in a set of markings may be arranged one above the other only if the set is on:

                (a)    the centre-line of the upper surface of an airship; or

               (b)    a balloon.

         (5)   If the markings on an aircraft do not comply with subregulation (1), (2) or (4), the aircraft’s registration holder is guilty of an offence punishable by a fine of 20 penalty units.

45.090    No confusing markings to be on aircraft

         (1)   Subject to subregulation (3), a person must not, without the written approval of CASA, place on an Australian aircraft a design, mark or symbol that modifies, or creates confusion about, the marks displayed on the aircraft as its markings.

Penalty:   20 penalty units.

         (2)   CASA must not grant an approval under subregulation (1) if granting the approval would adversely affect the safety of air navigation.

Note   For the definition of Australian aircraft see subsection 3 (1) of the Act.

         (3)   However, subregulation (1) does not apply in relation to the application of Defence Force symbols or call-signs to an Australian aircraft that is being operated by the Defence Force.

Division 2                      Exemptions from general rules

45.095    Exhibition aircraft

         (1)   In this regulation:

exhibition includes an airshow and a film or television production.

         (2)   This regulation applies to an Australian aircraft if:

                (a)    the aircraft is to be operated for an exhibition; and

               (b)    the display of the aircraft’s markings on the aircraft would be inconsistent with its use for that purpose.

         (3)   Subject to subregulations (4) and (5), the aircraft need not bear its markings while it is operated:

                (a)    for any practice or test flight necessary for the exhibition; or

               (b)    at an exhibition location; or

                (c)    between exhibition locations; or

               (d)    between an exhibition location and the aircraft’s base of operations.

         (4)   Subregulation (3) applies only if:

                (a)    the aircraft’s registration holder has:

                          (i)    told CASA in writing that the aircraft will be operated for the exhibition; and

                         (ii)    given CASA a photograph or drawing of the aircraft, showing the colour of the aircraft, and any marks it will bear, while it is operated as mentioned in paragraph (3) (a), (b), (c) or (d); and

               (b)    the aircraft’s registration mark is clearly displayed in the aircraft’s cabin or cockpit.

         (5)   If the exhibition is taking place in a foreign country, subregulation (3) does not apply if the aircraft’s failure to bear its markings would contravene a law of that country.

45.100    Antique, experimental and ex-military aircraft

         (1)   This regulation applies to:

                (a)    an Australian aircraft in the normal category, utility category, acrobatic category or commuter category:

                          (i)    of which the prototype was built 45 years or longer ago; and

                         (ii)    that is employed in private operations; and

               (b)    an Australian aircraft:

                          (i)    for which there is in force an experimental certificate issued for the purpose mentioned in paragraph 21.191 (d) or (g); and

                         (ii)    that has the same external configuration as an aircraft built 45 years or longer ago; and

                (c)    an Australian aircraft of a type mentioned in subparagraph 21.189 (1) (a) (ii) for which there is in force:

                          (i)    a special certificate of airworthiness of the kind mentioned in regulation 21.189; or

                         (ii)    an experimental certificate issued for the purposes mentioned in paragraph 21.191 (b), (c), (d) or (e).

Note   An aircraft in any of the categories mentioned in paragraph (1) (a) is an aircraft whose type design is certificated as meeting airworthiness standards equivalent to those set out in Part 23.

         (2)   The registration holder of an aircraft to which this regulation applies need not comply with any of regulations 45.045, 45.050, 45.055 and 45.060 that would otherwise apply in relation to the aircraft, nor with regulations 45.065, 45.070, 45.075, 45.080 and 45.085, if:

                (a)    the aircraft’s markings are either on each side of the fuselage, or as follows:

                          (i)    if the aircraft has a single vertical tail — on each of the surfaces of the vertical tail; or

                         (ii)    if the aircraft has a multi-vertical tail — on each of its outer surfaces; and

               (b)    those markings are at least 50 millimetres high; and

                (c)    there are no other marks beginning with VH anywhere on the aircraft; and

               (d)    if the aircraft is being operated in a foreign country, failure to comply with those regulations would not contravene a law of that country.

Note   For the definition of private operations see subregulation 2 (7) of CAR 1988.  For the definitions of experimental certificate and registration holder see the Dictionary.

45.105    Aircraft with special configuration

         (1)   This regulation applies to an Australian aircraft if, because of the aircraft’s configuration, it is not possible for it to bear its markings in accordance with whichever is applicable of regulations 45.045, 45.050, 45.055 and 45.060.

         (2)   On application by the aircraft’s registration holder, CASA must give the registration holder a written direction about where the aircraft must bear its markings.

         (3)   Despite regulations 45.065, 45.070, 45.075, 45.080 and 45.085, the direction may specify the size and spacing of the characters and any hyphens in the sets.

         (4)   The registration holder must comply with the direction.

Penalty:   50 penalty units.

         (5)   If CASA gives a direction in respect of an aircraft under subregulation (2), the aircraft’s registration holder need not comply with whichever of regulations 45.045, 45.050, 45.055 or 45.060 would otherwise apply, nor with regulations 45.065, 45.070, 45.075, 45.080 and 45.085, to the extent that the direction requires otherwise.

45.110    Australian aircraft used by Defence Force

                In spite of regulations 45.040, 45.045, 45.050, 45.055, 45.060, 45.065, 45.070, 45.075, 45.080 and 45.085, if an Australian aircraft is being used by the Defence Force its markings may be removed or covered.

Division 3                      Removal of markings

45.115    Removal of markings from sold aircraft

         (1)   This regulation applies if an Australian aircraft is sold to a person other than:

                (a)    an Australian citizen; or

               (b)    an individual who is not an Australian citizen, but holds a permanent visa (within the meaning of the Migration Act 1958); or

                (c)    a corporation incorporated under the Corporations Law of a State or Territory; or

               (d)    a body incorporated under a law (other than the Corporations Law of a State or Territory) in force in Australia; or

                (e)    the Commonwealth, a State or a Territory, or an agency of the Commonwealth, a State or a Territory; or

                (f)    a foreign corporation that:

                          (i)    is lawfully carrying on business in Australia; and

                         (ii)    intends to base, and primarily use, the aircraft in Australia.

         (2)   The person who was the aircraft’s registration holder immediately before the sale is guilty of an offence punishable by a fine of 20 penalty units if the aircraft’s markings are not removed from it before it is delivered to the purchaser.

Subpart C              Certain aircraft to bear words

45.120    Applicability of this Subpart

                This Subpart applies to an Australian aircraft:

                (a)    that is:

                          (i)    a limited category aircraft (that is, an aircraft for which a special airworthiness certificate of the kind mentioned in regulation 21.189 is in force); or

                         (ii)    a restricted category aircraft (that is, an aircraft for which a type certificate of the kind referred to in regulation 21.25 has been issued and is in force, or an aircraft of the same design as such an aircraft); or

               (b)    for which a provisional certificate of airworthiness or an experimental certificate of airworthiness is in force.

45.125    Requirement to bear certain words

         (1)   Whenever an aircraft to which this Subpart applies is operated, its registration holder must ensure that the aircraft bears the word required by subregulation (2), written in capital letters not less than 50, but not more than 150, millimetres high:

                (a)    on the outside of the aircraft near each entrance to the cabin or cockpit; or

               (b)    in the case of an aircraft that is entered by opening the canopy — on the outside of each side of the aircraft, immediately below the cockpit coaming; or

                (c)    in the case of an aircraft for which an experimental certificate of airworthiness is in force — inside the cockpit, in a position where it will alert the pilot and passenger to the fact that the aircraft meets no approved airworthiness standard.

Penalty:   50 penalty units.

         (2)   The word is:

                (a)    for a limited category aircraft — ‘LIMITED’; and

               (b)    for a restricted category aircraft — ‘RESTRICTED’; and

                (c)    for an aircraft for which a provisional certificate of airworthiness is in force — ‘PROVISIONAL’; and

               (d)    for an aircraft for which an experimental certificate of airworthiness is in force —‘EXPERIMENTAL’.

45.130    Exemption for exhibition aircraft

         (1)   In this regulation:

exhibition includes an airshow and a film or television production.

         (2)   This regulation applies to an Australian aircraft to which this Subpart applies if:

                (a)    the aircraft is to be operated for an exhibition; and

               (b)    it would be inconsistent with the use of the aircraft for that purpose for the aircraft to bear a word required by subregulation 45.120 (1).

Note   Subregulation 45.120 (1) requires the word ‘LIMITED’, ‘RESTRICTED’, ‘PROVISIONAL’ or ‘EXPERIMENTAL’ to be displayed on certain aircraft.

         (3)   Subject to subregulations (4) and (5), the aircraft need not bear that word while it is operated:

                (a)    for any practice or test flight necessary for the exhibition; or

               (b)    at an exhibition location; or

                (c)    between exhibition locations; or

               (d)    between an exhibition location and the aircraft’s base of operations.

         (4)   Subregulation (3) applies only if:

                (a)    the aircraft’s registration holder has:

                          (i)    told CASA in writing that the aircraft will be operated for the exhibition; and

                         (ii)    given CASA a photograph or drawing of the aircraft, showing the colour of the aircraft, and the markings the aircraft will bear, while it is operated as mentioned in paragraph (3) (a), (b), (c) or (d); and

               (b)    the aircraft’s registration mark is clearly displayed in the aircraft’s cabin or cockpit.

         (5)   If the exhibition is taking place in a foreign country, subregulation (3) does not apply if the aircraft’s failure to bear the word would contravene a law of that country.

Subpart D              Aircraft registration identification plates

Note   This Subpart gives effect for Australia to section 8 of Annex 7 to the Chicago Convention.

45.135    Applicability of this Subpart

                This Subpart applies to all Australian aircraft.

45.140    What an aircraft registration identification plate is

         (1)   An aircraft registration identification plate is a plate, made of fireproof material, on which is marked (by etching, stamping, engraving, or another approved method):

                (a)    if the aircraft was registered by CASA — the letters VH (the Australian nationality mark) followed by a hyphen and the aircraft’s registered mark; or

               (b)    if the aircraft was registered by a registration agent — its registration mark.

         (2)   For subregulation (1), the material of which a plate is made is fireproof if the plate withstands the heat of a fire at least as well as a steel plate of the same size and thickness.

45.145    Aircraft must carry aircraft registration identification plate

                A person must not operate an Australian aircraft, and the registration holder of such an aircraft must not cause or allow it to be operated, unless an aircraft registration identification plate is attached to the aircraft in accordance with regulation 45.150.

Penalty:   50 penalty units.

45.150    How and where aircraft registration identification plate is to be attached to aircraft

         (1)   An aircraft’s registration identification plate must be attached to it in a way that ensures that the plate is not likely to be defaced or to become detached from the aircraft.

         (2)   The plate must be attached:

                (a)    in the case of a manned balloon — to the skirt of the balloon’s envelope, in a place where it is clearly visible before the balloon is inflated; or

               (b)    if CASA gives a direction under subregulation (3) — as set out in the direction; or

                (c)    in any other case — in a place (either inside or outside the aircraft’s hull or fuselage):

                          (i)    near the aircraft’s entrance or main entrance; and

                         (ii)    where it is clearly visible.

         (3)   CASA may, in writing, direct where the plate is to be attached to an aircraft (other than a balloon) if:

                (a)    the aircraft’s registration holder applies in writing to CASA for a direction under this subregulation; and

               (b)    the configuration of the aircraft does not allow its aircraft registration identification plate to be attached in accordance with paragraph (2) (c).

45.155    Removal or alteration of aircraft registration identification plates

         (1)   Except with CASA’s written approval, a person must not remove the aircraft registration identification plate of an aircraft from where it is attached to the aircraft.

Penalty:   20 penalty units.

Note   The removal of an aircraft registration identification plate is permitted during maintenance, subject to conditions — see regulation 61 of CAR 1988.

         (2)   Except with CASA’s written approval, a person must not remove or alter any of the aircraft’s markings marked on an aircraft registration identification plate.

Penalty:   20 penalty units.

         (3)   CASA must not grant an approval under subregulation (1) or (2) if the granting of the approval will adversely affect the safety of air navigation.

45.160    Attachment of aircraft registration identification plate from another aircraft

                A person must not attach to an aircraft an aircraft registration identification plate that displays the markings of another aircraft, or fictitious markings.

Penalty:   50 penalty units.

Subpart E              Marks on foreign registered aircraft operating in Australian territory

45.165    Applicability of this Subpart

                This Subpart applies to foreign registered aircraft operated in Australia.

45.170    Marks to be on foreign registered aircraft in Australian territory

                A person must not operate a foreign registered aircraft in Australian territory unless the aircraft bears its nationality and registration marks in accordance with the law of the country in which it is registered.

Penalty:   50 penalty units.

Note   For the definition of foreign registered aircraft see subsection 3 (1) of the Act.

Part 47               Registration of aircraft and related matters

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

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 3 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)   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 the definitions of amateur-built aircraft, kit-built aircraft, model and type 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.

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.

         (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 regulations 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)    it must be signed by the person who makes it; and

                (c)    the person 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.

         (8)   The application must include a declaration, signed by the person making the application:

                (a)    that the aircraft will be used as an aircraft; and

               (b)    if the aircraft has not been registered before — that is has never been registered; and

                (c)    if the aircraft has been registered before (whether in Australia or not) — that it is not, at the time of the application, on a foreign civil aircraft register; and

               (d)    that the owner is over 18 years of age.

47.055    Information and documents required for registration

         (1)   The information 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;

                (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;

               (g)    if the owner or any of the owners is an individual — his or her age;

               (h)    if the registration is required for a particular period only:

                          (i)    the period; and

                         (ii)    the reason for the requirement.

         (2)   If the owner is a corporation or a body or agency mentioned in paragraph 47.050 (2) (c) or (d), 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.

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 the definition of owner, see regulation 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.

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 the definition of Contracting State see subsection 3 (1) of the Act. For the definition of owner, see regulation 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 the definitions of model and type 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.

         (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.

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

               (d)    CASA finds out that the aircraft is registered under the law of another country.

Note   For the definition of owner, see regulation 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.

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 years old.

         (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 years old.

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 years old;

               (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.

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 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.

         (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.

         (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 the definitions of kite, manned balloon, tethered and unmanned balloon 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 the definitions of 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.

         (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 the definition of Contracting State see subsection 3 (1) of the Act.

Subpart G              Registration agents

47.180    Authorisation of registration agent

         (1)   CASA may authorise a recreational 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.

[8]         Paragraph 201.4 (d)

omit

39.6.

insert

39.6; or

[9]         After paragraph 201.4 (d)

insert

                (e)    a decision under regulation 21.855 to refuse approval to remove or alter information on a critical part; or

                (f)    a decision under regulation 21.870 that it is impractical to mark information on a part; or

               (g)    a decision under subregulation 45.090 (1) to refuse approval to place a design, mark or symbol on an aircraft; or

               (h)    a decision under subregulation 45.105 (2) directing where to place an aircraft’s markings, or refusing to give such a direction; or

                (i)    a decision under subregulation 45.150 (3) directing where to place an aircraft’s aircraft registration identification plate, or refusing to give such a direction; or

           (j)    a decision under regulation 45.155 refusing approval to remove an aircraft’s aircraft registration identification plate, or remove or alter a marking on such a plate; or

          (k)    a decision under Part 47 refusing to register, or cancelling the registration of, an aircraft; or

                (l)    a decision under Part 47 to register an aircraft for a particular period; or

              (m)    a decision under Subpart E of Part 47 refusing to assign, or revoking the assignment of, a dealer’s mark to a person.

[10]      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.

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.

unpowered aircraft means an aircraft other than a powered aircraft.

[11]      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.

Schedule 3        Amendments of Civil Aviation Regulations 1988 commencing on
1 October 2000

(subregulation 4 (2))

Do not delete : Schedule Part placeholder

[1]         Subregulation 2 (1), definition of entitled person

omit

[2]         Subregulation 2 (1), definition of nationality mark

omit

[3]         Subregulation 2 (1), definition of registered

omit

[4]         Part 3, Divisions 1, 2, 3, 4 and 5

omit

[5]         Subregulations 15 (1) and (2)

omit

[6]         Part 3, Division 7

omit

[7]         After Part 4C

insert

Part 4D               Removal of data plates and registration identification plates

56            Definitions for this Part

                In this Part:

manufacturer’s data plate means a manufacturer’s data plate attached to an aircraft, aircraft engine or aircraft propeller under Division 2 of Subpart Q of Part 21 of CAR 1998.

57           Removal or alteration of manufacturer’s data plate

         (1)   A person must not, without CASA’s written approval, remove from an aircraft, aircraft engine, aircraft propeller, propeller blade or propeller hub a manufacturer’s data plate that has been attached to the aircraft, engine, propeller, blade or hub.

Penalty:   20 penalty units.

Note   The removal of a manufacturer’s data plate is permitted during maintenance, subject to conditions — see regulation 60.

         (2)   A person must not, without CASA’s written approval, remove or alter any of the information on a manufacturer’s data plate required by Division 2 of Subpart Q of Part 21 of CAR 1998 to be there.

Penalty:   20 penalty units.

         (3)   CASA must not grant an approval under subregulation (1) or (2) if granting the approval would adversely affect the safety of air navigation.

58           Removal or alteration of identification from heater assembly of manned balloon or propeller

         (1)   Except with CASA’s written approval, a person must not remove or alter any of the information marked on the heater assembly of a manned balloon under Division 2 of Subpart Q of Part 21 of CAR 1998.

Penalty:   20 penalty units.

         (2)   If information mentioned in subregulation 21.840 (5) of CAR 1998 is marked on an aircraft propeller, propeller blade or propeller hub, a person must not, without CASA’s written approval, remove or alter any of that information.

Penalty:   20 penalty units.

         (3)   CASA must not grant an approval under subregulation (1) or (2) if granting the approval would adversely affect the safety of air navigation.

59            Transfer of manufacturer’s data plate to another aircraft etc prohibited

         (1)   A person must not attach, to an aircraft, aircraft engine, aircraft propeller, propeller blade or propeller hub, a manufacturer’s data plate that bears information about another aircraft, engine, propeller, blade or hub.

Penalty:   50 penalty units.

         (2)   A person must not mark on an aircraft propeller, propeller blade or propeller hub information:

                (a)    about another propeller, blade or hub; or

               (b)    about a fictitious propeller, blade or hub.

Penalty:   50 penalty units.

         (3)   A person who marks, on a balloon heater, information about another balloon heater, or information about a fictitious balloon heater, is guilty of an offence punishable by a fine of 50 penalty units.

60            Removal of manufacturer’s data plates

         (1)   In spite of regulation 57, a person carrying out maintenance on an aircraft, aircraft engine or aircraft propeller or the basket of a manned balloon may remove the manufacturer’s data plate attached to the aircraft, engine, propeller or basket if he or she does so in accordance with a method, technique or practice acceptable to CASA.

         (2)   A person who has removed a manufacturer’s data plate from an aircraft, aircraft engine or aircraft propeller, or from the basket of a manned balloon, under subregulation (1) must re-attach it to the aircraft, engine, propeller or basket in accordance with a method, technique or practice acceptable to CASA.

Penalty:   50 penalty units.

61            Removal of aircraft registration identification plates

         (1)   In spite of regulation 45.155 of CAR 1998, a person carrying out maintenance on an aircraft may remove the aircraft’s aircraft registration identification plate if he or she does so in accordance with an acceptable method, technique or practice.

         (2)   A person who has removed an aircraft registration identification plate from an aircraft under subregulation (1) must re-attach it to the aircraft in accordance with an acceptable method, technique or practice.

Penalty:   50 penalty units.

[8]         Paragraph 133 (1) (a)

omit

Part 3

insert

Part 45 of CAR 1998

[9]         Subregulation 231 (2)

omit

A person who is the holder of the certificate of registration for, or the operator, hirer or pilot in command of, an Australian aircraft

insert

The registration holder, or operator, or the pilot in command, of an Australian aircraft

[10]      Subregulation 262AL (6)

omit

[11]      Subregulation 262AM (9)

omit

[12]      Subregulation 262AO (12)

omit

[13]      Subregulation 262AP (10)

omit

[14]      Regulation 307

omit


Notes

1.       These Regulations amend (in Schedules 1 and 2) Statutory Rules 1998 No. 237, as amended by 1999 Nos. 166 (as amended by 1999 No. 262) and 262; 2000 No. 7.

          These Regulations also amend (in Schedule 3) Statutory Rules 1988 No. 158, as amended by 1988 Nos. 209, 373 and 376; 1989 Nos. 31 and 276; 1990 Nos. 100, 215, 216, 258, 260, 289, 310, 331, 332 and 466; Act No. 25, 1990; Statutory Rules 1991 Nos. 54, 147, 157, 247, 287, 382, 409, 410, 426 and 487 (as amended by 1992 No. 174); 1992 Nos. 36, 174, 254, 258, 279, 325, 342, 380, 417 and 418; 1993 Nos. 221, 268, 319 (new regulation 239 contained in regulation 16 was disallowed by the Senate on 23 March 1994) and 368; 1994 Nos. 93, 173, 187, 188, 260, 294, 382 and 396; 1995 Nos. 122, 147, 148 and 224; 1996 No. 88; 1997 Nos. 23, 67, 111, 139 and 220; 1998 Nos. 31, 32, 219, 234 (disallowed by the Senate on 8 March 1999), 235, 236 and 288; 1999 Nos. 166 (as amended by 1999 No. 262), 167, 210, 229, 262, 353 and 354; 2000 No. 8.

2.       Made by the Governor-General on 24 July 2000, and notified in the Commonwealth of Australia Gazette on 31 July 2000.