Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p95
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 95/105)
Character Range: 904344–907230

Subpart applies in relation to an aircraft required to be registered under Division 47.C.1.
Note: See regulation 47.058.

47.100  Identity of registered operator of aircraft
 (1) If the registration holder of an aircraft is an eligible person, the holder is the aircraft's registered operator.
 (2) However, the registration holder may appoint another eligible person as the registered operator.
 (3) If the registration holder is not an eligible person, the registration holder must appoint an eligible person to be the registered operator.
Note: If the registration holder of an aircraft is not an eligible person, and no eligible person is appointed as the registered operator, CASA must suspend the aircraft's registration: see regulation 47.131A.
 (4) The appointment of a registered operator has effect unless the appointment is cancelled or otherwise ceases to have effect.
Note: Regulation 202.222 provides that a reference in CAR to the holder of a certificate of registration of an aircraft is taken to be a reference to the registered operator of the aircraft. Under CAR, the holder of the certificate of registration is responsible for the maintenance and continuing airworthiness of the aircraft.
 (4A) Subject to this regulation, the appointment of a registered operator of an aircraft may be cancelled by:
 (a) the registration holder of the aircraft; or
 (b) the registered operator.
 (5) If the registration holder of an aircraft:
 (a) appoints a person as the aircraft's registered operator; or
 (b) cancels the appointment of a person as the aircraft's registered operator;
the registration holder must, within 14 days after the appointment or cancellation, give CASA a notice in an approved form, including the aircraft's registration mark, manufacturer, model and serial number.
 (5AA) If a person cancels the appointment of the person as an aircraft's registered operator as referred to in paragraph (4A)(b), the person must, within 14 days after the cancellation, give CASA a notice in an approved form, including the aircraft's registration mark, manufacturer, model and serial number.
 (5A) A person commits an offence of strict liability if the person fails to comply with a requirement under subregulation (5) or (5AA).
Penalty: 10 penalty units.
 (5B) If CASA finds out, other than by a notice given in accordance with subregulation (5), that the appointment of the registered operator of an aircraft has ceased to have effect, CASA must, within 5 business days, inform the aircraft's registration holder in writing.
 (6) A notice of the appointment of a registered operator must also include:
 (a) the registered operator's name and postal address, and:
 (i) if the registered operator is an individual—his or her home address; or
 (ii) if the registered operator is a corporation—the address of the corporation's registered office; and
 (b) the date of the