Document ID: chunk:federal_register_of_legislation:F2023L01040:body:0:p1
Version: federal_register_of_legislation:F2023L01040
Segment Type: other
Provision Reference: 
Character Range: 0–2975

Instrument number CASA EX73/23

I, PHILIPPA JILLIAN SPENCE, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.
[Signed P. Spence]
Pip Spence
Director of Aviation Safety
28 July 2023
CASA EX73/23 — Registration of Exempt Aircraft (Operators, Prospective Owners and Initial Owners) Instrument 2023

1 Name
        This instrument is CASA EX73/23 — Registration of Exempt Aircraft (Operators, Prospective Owners and Initial Owners) Instrument 2023.

2 Duration
        This instrument:
       (a) commences on the day after it is registered; and
       (b) is repealed at the end of 30 June 2026.
Note   For the purposes of regulation 11.250 of CASR, the direction in section 9 ceases to be in force at the end of 30 June 2026.

3 Definitions
Note   In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: aeroplane, aircraft, Australian air transport operation, Australian Civil Aircraft Register, EASA, FARs and multi‑engine aeroplane.
        In this instrument:
exempt aircraft means a new turbine‑engine aeroplane:
       (a) to which Part 121 (other than Subpart 121.Z) of CASR applies; and
       (b) that its manufacturer will operate for production flight testing, customer demonstration flights and other pre‑delivery activities:
 (i)  if the manufacturer is located in the European Union — in a foreign country in the European Union; or
 (ii) otherwise — in the foreign country in which the aeroplane was manufactured.
Note   Under subregulation 121.005(1) of CASR, Part 121 (other than Subpart 121.Z) applies to the operation of a multi‑engine aeroplane for an Australian air transport operation if either or both of the following apply in relation to the aeroplane:
       (a) it has a maximum operational passenger seat configuration of more than 9;
       (b) it has a maximum take‑off weight of more than 8,618 kg.
initial owner means a person:
       (a) who has purchased an exempt aircraft from its manufacturer; and
       (b) to whom the manufacturer has transferred ownership of the exempt aircraft.
intervening period means the period:
       (a) beginning when the exempt aircraft is registered in reliance on the exemption in subsection 4(1); and
       (b) ending immediately before the manufacturer transfers ownership of the exempt aircraft to the initial owner.
operator means the operator of an exempt aircraft.
prospective owner means a person:
       (a) who has purchased an exempt aircraft from its manufacturer; and
       (b) to whom the manufacturer has not transferred ownership of the exempt aircraft.
Note   An operator may be the same person as, or a different person from, a prospective owner and an initial owner.

4 Exemption — prospective owners of unregistered exempt aircraft
       (1) A prospective owner is, in relation to