Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


Transfer of ownership

             (1)  In this regulation, transfer notice means a notice in an approved form that relates to the transfer of ownership of an aircraft and:

                     (a)  shows:

                              (i)  the aircraft's registration mark, manufacturer, model and serial number; and

                             (ii)  the date of the transfer; and

                            (iii)  the former owner's name and address; and

                            (iv)  the new owner's name and address; and

                     (b)  either:

                              (i)  is signed by the former owner; or

                             (ii)  is signed by a person acting on behalf of, and at the direction or request of, the former owner.

             (2)  If a transfer notice is signed by a person acting on behalf of the former owner, it must include evidence of the person's authority to do so.

             (3)  This regulation sets out how, if the ownership of an aircraft is transferred, the new owner becomes the aircraft's registration holder.

             (4)  In accordance with the timetable mentioned in subregulation (4A), the former owner, or a person acting on behalf of the former owner, must:

                     (a)  give CASA a transfer notice; and

                     (b)  give the new owner:

                              (i)  a copy of the transfer notice; and

                             (ii)  the aircraft's certificate of registration.

          (4A)  The documents mentioned in subregulation (4) must be given to CASA and the new owner:

                     (a)  as soon as practicable after the transfer; and

                     (b)  in any case, within 14 days after the transfer.

             (5)  Within 28 days after the transfer, the new owner must apply to become the registration holder.

Note:          If the aircraft's new owner does not apply to be the new registration holder within 28 days after the day of the transfer, CASA must suspend the aircraft's registration: see regulation 47.131.

             (6)  An application must:

                     (a)  be in an approved form; and

                     (c)  either:

                              (i)  be signed by the new owner; or

                             (ii)  if the application is made by a person on behalf of the new owner--include the name, address and signature of the person making the application.

             (7)  CASA must, if it receives a transfer notice and an application that complies with subregulation (6):

                     (a)  amend the Australian Civil Aircraft Register to show the new owner as the registration holder; and

                     (b)  give a certificate of registration to the new owner.

Note 1:       The new owner, as the registration holder, is also the registered operator of the aircraft unless the new owner appoints another person as the registered operator: see regulation 47.100.

Note 2:       If the new owner is not an eligible person, the new owner must appoint an eligible person as the registered operator: see subregulation 47.100(3).

             (8)  Subregulation (7) has effect subject to subregulation (9).

             (9)  CASA must not take any action under subregulation (7) in relation to an aircraft unless CASA is satisfied, on the basis of written evidence provided by the former owner, that:

                     (a)  in the case of an aircraft that is subject to an IDERA, and is not subject to a CDCL--the authorised party under the IDERA has consented to the action being taken; or

                     (b)  in the case of an aircraft that is subject to a CDCL--the certified designee under the CDCL has consented to the action being taken.

Subpart 47.F -- Administration of Australian Civil Aircraft Register


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback