CASR Part 47 – Registration of aircraft and related matters
Advisory Circular updated
AC 47-01(2) - Registration of aircraft and related matters has been updated and is available for download.
A basic guide to registering under Part 47
CASR Part 47 introduces the concept of registration holder and registered operator. The registration holder must be a legal owner of the aircraft and the registered operator will be the person responsible for the continuing airworthiness and maintenance control of the aircraft.
Registration holder
To be a registration holder you must be a legal entity and be able to supply proof of this. However, you will only need to supply documentary proof of identity if notified to do so by CASA. See the guidelines on the relevant registration application forms for further details.
A legal entity is an individual, an incorporated body, a corporation with an ACN, or a government or government agency. An example of the proof required for an individual is a certified true copy of a current driver’s licence or one that expired in the last two years. An organisation would need to supply their ACN or a certified true copy of a Certificate of Incorporation.
Registered operator
To be a registered operator you must be an eligible person in accordance with CASR 47.010 and be able to supply proof of this. However, you will only need to supply documentary proof of eligibility if notified to do so by CASA. See the guidelines on the relevant registration application forms for further details.
An eligible person is defined as one of the following:
- a resident of Australia who is
- 18 years of age or older; and
- an Australian citizen or the holder of a permanent visa (within the meaning of the Migration Act 1958)
- a corporation incorporated under the Corporations Act 2001
- a body incorporated under a law (other than the Corporations Act 2001) in force in Australia
- the Commonwealth, a State or a Territory
- an agency of the Commonwealth, a State or a Territory
- a foreign corporation that is lawfully carrying on business in Australia.
Identification for a registered operator is a little more complicated for an individual, as they need to prove Australian residency, age and Australian citizenship or permanent visa holder status. This would require, for example, a certified true copy of a current driver’s licence plus a certified true copy of one of the following:
- a full birth certificate showing your parent’s details;
- an Australian citizenship certificate;
- an Australian passport showing nationality as Australian etc
An organisation would need to supply their ACN, a certified true copy of a Certificate of Incorporation or, for a foreign corporation, proof that it is lawfully carrying on business in Australia.
Identification requirements
Identification requirements and the necessary documentation.
Letter of authority
The template for a letter of authority is provided as a guide in instances where a company employee other than a Director, Company Secretary, CEO, President or Vice-President will be signing a registration related form on behalf of the organisation. If the letter submitted follows the wording contained in this example, the letter can be used over and over again. The authorised employee should retain the original of the letter and submit a copy each time he/she signs and lodges a registration related form.
For single owners of aircraft
If you are the sole legal owner of an aircraft, you will become the registration holder under Part 47. If you are an eligible person in accordance with CASR 47.010, you can be the registered operator, thereby accepting responsibility for the continuing airworthiness and maintenance control of the aircraft. You will need to complete Form 029– Registration Application or Form 027 - Transfer of Ownership and supply additional documents (such as letters of authority, if required) before your aircraft can be registered under and compliant with Part 47.
For multiple owners of aircraft (joint legal owners)
If there are several owners of an aircraft, they must decide who will become the registration holder. The registration holder must then nominate a registered operator. The registered operator must be an eligible person in accordance with CASR 47.010 and accept the responsibility for the continuing airworthiness and maintenance control of the aircraft. You will need to complete Form 029– Registration Application or Form 027 - Transfer of Ownership. The registration holder and nominated registered operator must fill in their own sections on the form. When complete, the form must be lodged by the registration holder along with additional documents (such as letters of authority, if required) before their aircraft can be registered under Part 47.
For leased aircraft
It is the registration holder’s responsibility to nominate the registered operator. (Depending on contractual arrangements, the sole legal owner (the lessor) may become the registration holder under Part 47.) The registered operator must be an eligible person in accordance with CASR 47.010 and accept the responsibility for the continuing airworthiness and maintenance control of the aircraft. You will need to complete Form 029– Registration Application or Form 027 - Transfer of Ownership. The registration holder and nominated registered operator must fill in their own sections on the form. When complete, the form must be lodged by the registration holder along with additional documents (such as letters of authority, if required) before the aircraft can be registered under Part 47.
Partnerships & some trusts
A partnership or trust cannot be a registration holder or registered operator under Part 47 as they are not legal entities. Nor do they fit within the definition of ‘eligible person’ under CASR 47.010. Partners and trustees will need to discuss the situation, come to a decision and lodge a Form 029– Registration Application or Form 027 - Transfer of Ownership.
Other ownership scenarios
There are other, more complex ownership situations (involving finance companies, for example) which have not been dealt with here. If you would like discuss your specific situation, please contact the CASA’s Aircraft Registration Section by email or phone on 131 757.