Document ID: chunk:federal_register_of_legislation:F2023L01040:body:0:p3
Version: federal_register_of_legislation:F2023L01040
Segment Type: other
Provision Reference: 
Character Range: 5283–8225

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, in relation to an exempt aircraft that has been registered in reliance on the exemption in subsection 4(1), exempt from compliance with CAR and CASR, other than Part 11 of CASR.

6 Exemption — operators of registered exempt aircraft
       (1) An operator is, in relation to an exempt aircraft that has been registered in reliance on the exemption in subsection 4(1), exempt from compliance with CAR and CASR, other than the following provisions:
       (a) Part 11 of CASR;
       (b) in relation to applying to CASA for approval of a proposed maintenance program for the aircraft — regulations 42.970 and 42.975 of CASR;
       (c) in relation to applying to CASA for approval of a proposed reliability program for the aircraft — regulation 42.1045 of CASR.
Note 1   Under subregulation 42.970(1) of CASR, the person responsible for continuing airworthiness for an aircraft may apply to CASA for approval of a proposed maintenance program for the aircraft. Under subregulation 42.970(2) of CASR, the person responsible for continuing airworthiness for an aircraft must apply to CASA for approval of a proposed maintenance program for the aircraft if a circumstance mentioned in paragraph 42.970(2)(a), (b) or (c) exists. Regulation 42.975 requires that an application to CASA for approval of a proposed maintenance program must:
       (a) be in writing; and
       (b) include a copy of the program; and
       (c) if the program does not comply with particular requirements mentioned in paragraph (c) — include the technical justification for the non-compliance.
Note 2   Under regulation 42.1045(1) of CASR, the person responsible for continuing airworthiness for an aircraft to which regulation 42.155 applies may apply to CASA, in writing, for approval of a proposed reliability program for the aircraft. Under subregulation 42.1045(2) of CASR, the application must include a copy of the program. Subregulation 42.155(2) sets out the aircraft to which regulation 42.155 applies.
       (2) The exemption in subsection (1) is subject to the condition mentioned in section 8.
       (3) This section ceases to apply to the operator at the time the manufacturer transfers ownership of the exempt aircraft to its initial owner.

7 Conditions — prospective owners of unregistered exempt aircraft
       (1) A prospective owner must ensure that an application for registration of an exempt aircraft made in reliance on the exemption in subsection 4(1) includes:
       (a) a letter from its manufacturer confirming the manufacturer's agreement to the aircraft being registered on the Australian Civil Aircraft Register before its transfer of ownership; and
       (b) a certificate (however