(1) For paragraph 20AA(1)(b) of the Act, an aircraft is required to be registered unless it is one of the following:
(a) an aircraft that is not intended to be used as an aircraft;
(b) an aircraft that, under Subpart 200.B, is exempt from these Regulations;
(c) an unmanned free balloon;
(d) a permanently tethered balloon;
(e) a kite;
(f) a model aircraft covered by subregulation (1A);
(g) a parachute;
(h) a rocket;
(i) an aircraft that is prescribed by an instrument under subregulation (1B) for the purposes of this paragraph;
(j) an aircraft that is registered under the law of a foreign country referred to in subregulation (2);
(k) an aircraft that satisfies all the following conditions:
(i) it has been manufactured in Australia for delivery outside Australia to a foreign operator;
(ii) it is registered under the law of a foreign country referred to in subregulation (2);
(iii) it displays nationality and registration marks in accordance with the law of that country;
(iv) it has no certificate of airworthiness issued, or rendered valid, under the law of that country;
(v) it is flown within Australia only for a purpose mentioned in paragraph 21.197(1)(b) or (c);
(l) a Part 103 aircraft mentioned in subparagraph 103.005(4)(b)(i), (ii), (iva), (v), (vi) or (vii) that is listed with a Part 103 ASAO;
(m) a Part 103 aircraft mentioned in subparagraph 103.005(4)(b)(iii) or (iv);
(n) an RPA or a model aircraft (other than a large RPA or an aircraft prescribed for the purposes of subregulation 47.096(2)) that is being operated only:
(i) for the purposes of a test flight; and
(ii) in circumstances applicable to the aircraft and the test flight that are prescribed by the Part 101 Manual of Standards for the purposes of subregulation 101.099B(1).
Note: For registration requirements affecting aircraft for which a special flight permit is issued, see subregulation 21.197(3).
(1A) A model aircraft is covered by paragraph 47.015(1)(f) if:
(a) it is a glider; or
(b) it has a gross weight of no more than 250 g; or
(c) it has a gross weight of more than 250 g, and is operated only in either or both of the following ways:
(ii) as mentioned in subregulation 101.374B(3) (which covers the operation of model aircraft in particular areas).
(1B) For the purposes of subsection 98(5A) of the Act and paragraph 47.015(1)(i) of this regulation, CASA may issue an instrument prescribing:
(a) classes of medium RPA, small RPA, very small RPA, micro RPA or model aircraft; or
(b) particular medium RPA, small RPA, very small RPA, micro RPA or model aircraft.
Note 1: An instrument made under paragraph (a) is a legislative instrument: see subsection 98(5AA) of the Act.
Note 2: An instrument made under paragraph (b) is not a legislative instrument: see subsection 98(5AB) of the Act.
(2) For paragraph (1)(j) and subparagraph (1)(k)(ii), the foreign countries are:
(a) the Contracting States; and
(b) any other foreign country with which Australia has an agreement that allows an aircraft registered under the law of that country to be operated in Australia.
Note: For the definition of Contracting State see section 3 of the Act.