Document ID: chunk:federal_register_of_legislation:F2023L01040:body:0:p2
Version: federal_register_of_legislation:F2023L01040
Segment Type: other
Provision Reference: 
Character Range: 2727–5533

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 an exempt aircraft that has not been registered in reliance on the exemption in this subsection, exempt from compliance with the following provisions of CASR:
       (a) subregulation 47.060(1);
       (b) subregulations 47.060(2) to (4), to the extent that the subregulations require an application to register an unregistered aircraft to be made by, or include information about:
 (i) the owner of the aircraft; or
 (ii) a person acting on behalf of, and at the direction or request of, the owner;
       (c) regulation 47.065, to the extent that the regulation requires information to be included in the application about:
 (i) the owner of the aircraft; or
 (ii) a person acting on behalf of the owner;
       (d) subregulation 47.080(1).
Note 1   The intended effect of subsection 4(1) is that a prospective owner may:
       (a) make an application for registration of an exempt aircraft in accordance with regulation 47.060 of CASR as if it were the owner of the aircraft or a person acting on behalf of, and at the direction or request of, the owner; and
       (b) instead of including in the application particular information mentioned in regulation 47.065 of CASR related to the owner of an aircraft — include particular information related to the prospective owner or a person acting on behalf of the prospective owner.
Note 2   Under subregulation 47.080(1) of CASR, CASA must register an aircraft if the application for the registration of the aircraft is made in accordance with regulation 47.060. Subregulation 47.060(1) of CASR provides that an application to register an unregistered aircraft may be made by the owner or a person who is acting on behalf of, and at the direction or request of, the owner. Subregulations 47.060(2) to (4) of CASR set out requirements for an application for registration including, relevantly in paragraph (3)(b), that it must include the information set out in regulation 47.065. The information mentioned in regulation 47.065 of CASR includes, relevantly, the following:
       (a) in paragraphs (a) and (b), the name and address of, respectively, the owner of the aircraft and a person making an application for registration on behalf of the owner;
       (b) in paragraph (aa), if the aircraft is owned by more than 1 person — the name and signature of the owner who is appointed to act on behalf of the owners.
       (2) The exemption in subsection (1) is subject to the conditions mentioned in section 7.

5 Exemption — prospective owners of registered exempt aircraft
        A prospective owner is,