Guidelines for Completing Form 027 Part 2 Application by New Owner to become the Registration Holder Refer to: CASR 11.030(1)(d), 47.110(6), 47.130(5)
Important: A new owner of the aircraft must apply to become the aircraft’s new registration holder. CASA must receive this application to become the aircraft’s new registration holder not later than 28 days after the transfer of ownership occurs. An application by the new owner to become the aircraft’s registration holder will only be processed if the applicable fee of $130 has been paid. If the Form 027 Part 2 and the application fee are not received by CASA within 28 days after the transfer of ownership occurring, the change in the aircraft’s registration holder will not be processed, and the registration of the aircraft will be cancelled. See the Civil Aviation Act 1988 Section 97, CASR 11.030(1)(d), 47.110(6) and 47.130(5).
WHY USE THIS FORM This form is used to apply to transfer the registration of an aircraft from one owner to another under Part 47 of the Civil Aviation Safety Regulations 1998 (CASR). Note: If your aircraft is not currently VH registered, and you are applying for an initial registration, you will need to complete and submit a Form 029 (Registration Application).
WHO SHOULD COMPLETE THIS FORM The Form 027 Part 2, Sections 1, 2, 3.1 and 4 must be completed by the new owner. If the new owner nominates another ‘Eligible Person’ as the registered operator, the nominated registered operator must complete Section 3.2 and 3.3. Ensure that the Payment Authorisation is also completed.
HOW TO COMPLETE THIS FORM This form can be completed online and electronic signatures may also be added. This allows the form to be completed and submitted electronically, without the need to produce a hard copy. Note: Digital signatures cannot be accepted.
Section 1. Registration Details Insert the registration mark and the aircraft details as noted on the aircraft data plate and the certificate of registration.
Section 2. New Owner Details Insert the name of the new owner and Aviation Reference Number (ARN). ARN refers to the Aviation Reference Number. This is the number issued by CASA to an entity, similar to a customer number. For instance, if you are an individual and you hold a Flight Crew Licence your ARN should be the same as your licence number. Individuals with no ARN: You must submit Form 1162 with the appropriate identification at the same time as you submit this Form. Further information in relation to ARNs can be found on the CASA website. Organisations with no ARN: You must submit Form 1170 with the appropriate identification at the same time as you submit this Form. Further information in relation to ARNs can be found on the CASA website. Definition of a Registration Holder: Only one owner of an aircraft can apply to be a Registration Holder. The owner must be able to prove that they are a legal entity (see ‘Definition of a Legal Entity’ below). Where more than one party owns the aircraft, the owners must decide which of them will be noted in the Australian Civil Aircraft Register as the Registration Holder. Being noted by CASA as an aircraft Registration Holder does not give the Registration Holder a greater claim to ownership as CASA's records do not infer legal title. If more than one legal entity owns the aircraft, the person applying to be the Registration Holder must certify on the application form to have been duly appointed to act on behalf of multiple owners. This is done by completing and signing Section 4. Note: The term ‘owner’ should be taken in the literal sense. Definition of a Legal Entity: Information can be found on the Australian Civil Aircraft Register page of CASA's website.
Form 027i-2 09/2012
Guidelines for Completing Form 027 Part 2
Page 1 of 4
Section 2.1 Owner’s Qualification as an ‘Eligible Person’ Complete Section 2.1(a) to provide details of how the owner qualifies as an ‘eligible person’, to become the Registered Operator. Even if the owner elects to nominate another party as the Registered Operator, it is important to complete Section 2.1(a). This may offer protection from cancellation of registration under CASR 47.130(2)(c) in cases where the Registered Operator resigns or has their appointment cancelled. Definition of an ‘eligible person’ in CASR 47.010: Information can be found on the Australian Civil Aircraft Register page of CASA's website. Definition of a Registered Operator: Only an ‘eligible person’ can be a Registered Operator. The Registered Operator must be able to prove how they qualify as an ‘eligible person’. Only one ‘eligible person’ can be nominated as the Registered Operator. Responsibilities of a Registered Operator: The Registered Operator is responsible for the airworthiness and maintenance control of the aircraft. Essentially, this means that the Registered Operator is required to: • Ensure that the aircraft is maintained in an airworthy and serviceable condition so that when it is operated, it is done safely. These responsibilities include making sure all the equipment needed for the flight is serviceable, that the aircraft has been inspected by the correct people and that the required maintenance has been completed and signed for. • Have the aircraft maintained in accordance with a set of procedures and requirements commonly referred to as the Aircraft Maintenance Program (AMP) and to keep records of the work associated with these procedures and requirements. In addition, the Registered Operator should review the AMP regularly to make sure it is still effective for the aircraft and reflects any changes that have been made to the aircraft, the way the aircraft is operated or even where the aircraft is located. The Registered Operator can perform these functions or contract someone else to do so on their behalf. See the guidelines for Section 3 on nominating the Registered Operator.
Section 3. Registered Operator Nomination and Details Section 3.1(a) This section is to be completed by the New Owner. If the nominated Registered Operator is the New Owner named in Section 2, that is, if the Registration Holder accepts the position of Registered Operator they certify their status as an ‘eligible person’ by completing Section 2.1(a), indicating ‘Yes’ in Section 3.1(a) and signing the Mandatory Declaration in Section 4. If another entity is nominated as the Registered Operator and accepts the position, they certify their status as an ‘eligible person’ by completing Section 3.2(a) and by signing in Section 3.3. Do NOT forward documents as proof of eligibility with your application. CASA will notify you if certified documentation is required. However, if CASA is required to create an ARN the relevant documentation outlined below must be submitted with the application. CASA reserves the right to require certified documentation as proof of eligibility to become a Registered Operator. If CASA notifies you of the requirement to submit certified documentation, only originals of the certified copies of the documents will be accepted. Proof of Eligibility Documentation (if requested by CASA) Lists of documentation required for, and further information in relation to, Proof of Eligibility can be found on the Australian Civil Aircraft Register page of CASA's website. ARN: See definition and information in Section 2 of these Guidelines.
Section 3.1(b) Nominated Registered Operator This section is to be completed by the New Owner if they are nominating a Registered Operator
Section 3.2 Nominated Registered Operator Qualification as an ‘Eligible Person’ See the guidelines for Section 2.1 for the definition of an ‘eligible person’. The nominated Registered Operator completes Section 3.2(a). This section includes the details of how the nominated Registered Operator qualifies as an ‘eligible person’.
Section 3.3 Mandatory Declarations by the Nominated Registered Operator This section contains mandatory declarations that must be made by the nominated Registered Operator. Form 027i-2 09/2012
Guidelines for Completing Form 027 Part 2
Page 2 of 4
The entity accepting the position of Registered Operator certifies their status as an ‘eligible person’ by completing Section 3.2(a) and signing in Section 3.3. Signature: Section 3.3 must be signed by the entity named in Section 3.1(b) accepting the position of Registered Operator. Note the Declarations you are making by signing Section 3.3. The following rules apply regarding signatures: •
For an organisation a Company Secretary, Director, CEO, President or Vice President must sign the form and tick the appropriate Position Held box. Alternatively, the Company Secretary, Director, CEO, President or Vice President can give another person written authorisation (on company letterhead) to sign this section on behalf of the organisation. A copy of the letter must be forwarded with the form.
•
For a government body or a foreign corporation a person filling an equivalent position to that of Director, Company Secretary, etc, must sign the form and the same conditions apply to letters of authority.
•
An individual can give another person written authorisation to sign this section of the form on their behalf. A copy of the letter of authority must be forwarded with the form.
Note: Guidelines in relation to letters of authority can be found on the Australian Civil Aircraft Register page of CASA's website.
Section 4. Mandatory Declarations by the Owner This section contains mandatory declarations that must be made by the new owner. If the owner accepts the position of Registered Operator they certify their status as an ‘eligible person’ by completing Section 2.1(a) and by signing Section 4. Declaration 2: Date of transfer of ownership - this is the date of the completion of the financial transaction. Declaration 3: ‘Ownership’ statement – tick one box to certify that the aircraft is owned by one or more than one owner.
Signature Section 4 must be signed by the entity applying to be the Registration Holder. Note the declarations you are making by signing the Mandatory Declaration in Section 4. The rules for signatures are the same shown in the guidelines for Section 3.3 above.
Payment Authorisation In line with Australian Government policy, CASA is required to recover costs for providing regulatory services. The schedule of fees for the registration of aircraft and related matters is shown on the CASA website. Enter your details on the Payment Authorisation page of this form to enable CASA to process your payment. Applications by new owners to become the Registration Holder received by CASA without the correct payment will not be accepted and the application will be returned without assessment. The aircraft’s registration will be cancelled if the correct payment is not made to CASA within 28 days after the transfer of ownership occurs.
IF THE FORM IS COMPLETED INCORRECTLY, WHAT HAPPENS Incomplete/incorrect applications and notifications will not be assessed and will be returned to the applicant as ‘not accepted’. If the application has a fee associated with it, no payment will be incurred at this time. If any payment is unable to be processed, the application will also be returned as ‘not accepted’. The applicant will then be required to complete and submit a new application, ensuring that any relevant time frames are met. If CASA does not receive a correctly completed application form, which includes the applicable fee payment, within 28 days after the transfer of ownership the application by the new owner to become the aircraft’s Registration Holder will not be processed, and the aircraft’s registration will be cancelled. If you do not supply certified documentation to prove your status as a legal entity or an ‘eligible person’, when notified to do so by CASA, your application will be refused. If your application is refused more than 28 days after the transfer of ownership, the aircraft’s registration will be cancelled. If an application is accepted for assessment, any payment will be processed and the assessment will proceed. If the application fails to meet regulatory requirements, it will be refused. Payment for consideration and processing the application will not be refunded and any subsequent application/notification will incur a further fee.
Form 027i-2 09/2012
Guidelines for Completing Form 027 Part 2
Page 3 of 4
HOW DO I SEND MY FORM TO CASA Please forward the form plus any other required documents to the CASA Licensing and Registration Centre (CLARC). Receipt by fax or email are CASA’s preferred options: Fax:
Within Australia: 02 6217 1991 International: +61 2 6217 1991
Note: Only clear, legible faxes will be accepted. If your fax is deemed unacceptable, you will be contacted and asked to mail the form and supporting documents Email:
[email protected]
Mail:
ACR-CLARC CASA GPO Box 2005 CANBERRA ACT 2601 AUSTRALIA
Note: If you elect to send the form by mail, it is recommended that you send it by Registered Post.
WHO SHOULD I CONTACT IF I HAVE A PROBLEM Contact the CASA Licensing and Registration Centre (CLARC) for assistance: Phone:
Within Australia: 1300 737 032 International: +61 2 6217 1449
Email:
[email protected]
CASA Website: Refer to the Australian Civil Aircraft Register page on CASA’s website.
DELIVERY OF REGISTRATION CERTIFICATES You can expect to receive your registration certificate by mail within four weeks of submitting your application. If the certificate does not arrive in that period you should advise CASA. However, notification of non-receipt received by CASA more than six weeks after the issue date will attract a fee of $65 for the issue of a replacement certificate. You can check the CASA website to see if your certificate has been issued by entering the aircraft’s VH mark in the search facility of the Australian Civil Aircraft Register.
WHAT ACCESS DO I HAVE TO THE AUSTRALIAN CIVIL AIRCRAFT REGISTER Register to be accessible to the public. CASR 47.030 states: (1) CASA must make the Australian Civil Aircraft Register available for inspection by members of the public at reasonable times and places, and subject to reasonable conditions. (2) CASA may comply with subregulation (1) by making the information in the Register accessible on the Internet or by another suitable electronic means. You are advised that the Australian Civil Aircraft Register page on CASA’s website (www.casa.gov.au) includes information as stipulated in CASR 47.080. Additional information held by the Australian Civil Aircraft Register in relation to the aircraft and dealer’s marks is also included. Personal details published on CASA’s Internet site. CASA will publish only the address details of a Registration Holder or Registered Operator. The address shown will be that provided to CASA as the postal address. If a separate postal address has not been supplied then the person’s or an organisation’s physical address will be published. Personal inspections of the Australian Civil Aircraft Register can be made, by prior appointment, at the office of the Australian Civil Aircraft Register in Canberra. Please phone 1300 737 032 and ask to be put through to the Aircraft Register Section to arrange a suitable time. Privacy policy For information on CASA’s Privacy Policy, please visit the CASA website.
Form 027i-2 09/2012
Guidelines for Completing Form 027 Part 2
Page 4 of 4
