{"id":"F2015L00113","name":"International Interests in Mobile Equipment (Cape Town Convention) Rules 2014","slug":"international-interests-in-mobile-equipment-cape-town-convention-rules-2014","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438233,"registerId":"F2015L00113-fast-fetch-1775954738162","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"International Interests in Mobile Equipment (Cape Town Convention) Rules 2014","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\nInternational Interests in Mobile Equipment (Cape Town Convention) Rules 2014 \n\n \n\nI, Warren Errol Truss, Minister for Infrastructure and Regional Development, make these rules under section 10 of the International Interests in Mobile Equipment (Cape Town Convention) Act 2013.\n\n \n\n \n\n \n\n \n\n \n\n \n\nWARREN TRUSS Minister for Infrastructure and Regional Development\n\n\n\nDated: 25 November 2014\n\nContents\n\nPart 1 Preliminary\n\n1 Name of Rules\n\n2 Commencement\n\n3 Definitions\n\nPart 2 Recordation of authorisations on the Australian Civil Aircraft Register\n\n4 Submission and recording of IDERA\n\n5 Submission and recording of CDCL\n\n6 Removal of IDERA\n\n7 Removal of CDCL\n\n8 De-registration requests\n\nPart 3 Administrative procedures\n\n9 Forms and administrative procedures\n\n10 Fees\n\nSchedule 1 - IDERA\n\nSchedule 2 - CDCL\n\nSchedule 3 – Fees\n\n \n\n\n\n\nPart 1 Preliminary\n\n1 Name of Rules\n\nThese Rules are the International Interests in Mobile Equipment (Cape Town Convention) Rules 2014.\n\n2 Commencement\n\n(1) These Rules commence on the commencement of Section 3 of the Act.\n\n3 Definitions\n\n(1) In these Rules:\n\nAct means the International Interests in Mobile Equipment (Cape Town Convention) Act 2013.\n\napproved form means a form approved by CASA under subrule 9(1).\n\nCAA means the Civil Aviation Act 1988.\n\nCAR means the Civil Aviation Regulations 1988.\n\nCASA has the meaning given to that term in the CAA.\n\nCASR means the Civil Aviation Safety Regulations 1998.\n\nCDCL means, in respect of an IDERA, a certified designee confirmation letter issued or to be issued (as the case may be) substantially in the form set out in Schedule 2 to these Rules.\n\nConvention means the Convention on International Interests in Mobile Equipment, done at Cape Town on 16 November 2001, as amended and in force for Australia from time to time.\n\nDictionary has the meaning given to that term in the CASR.\n\nIDERA means an irrevocable de-registration and export request authorisation issued or to be issued (as the case may be) in respect of a Protocol object substantially in the form set out in Schedule 1 to these Rules.\n\npersonal information has the meaning given to that term in the Privacy Act 1988.\n\nProtocol means the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment, done at Cape Town on 16 November 2001, as amended and in force for Australia from time to time.\n\nProtocol object means any Part 47 registered airframe or Part 47 registered helicopter.\n\nPart 47 registered in relation to any airframe or helicopter, means registered on the Australian Civil Aircraft Register pursuant to Part 47 of the CASR.\n\n \n\n Note: For the meaning of “airframe” and “helicopter”, see Article 1 of the Protocol. Among other requirements, only “airframes” which are type certificated to transport at least 8 persons ( including crew) or goods in excess of 2750 kilograms and “helicopters” which are type certificated to transport at least 5 persons (including crew) or goods in excess of 450 kilograms are subject to the Protocol.\n\n \n\nNote: The exclusion from the Protocol of aircraft objects that are used in in military, customs or police services is only relevant for the purposes of the application of these Rules where the registration holder of such airframe or helicopter itself uses the aircraft in military, customs or police services.\n\n(2) In these Rules, unless specified or the context requires otherwise:\n\n(a) any term defined in the Convention or the Protocol and used in these Rules has the same meaning as given to that term in the Convention or the Protocol (as the case may be);\n\n(b) any term not defined in the Convention or the Protocol, which is defined in the Dictionary or Part 47 of the CASR and used in these Rules has the same meaning as given to that term in the Dictionary or Part 47 of the CASR (as the case may be); and\n\n(c) CASA’s power to de-register a Protocol object under subrule 8(3) may be discharged by an exercise of CASA’s power to cancel the registration, under Part 47 of the CASR, of that Protocol object.\n\nPart 2 Recordation of authorisations on the Australian Civil Aircraft Register\n\n \n\n4 Submission and recording of IDERA\n\n(1) If an IDERA is issued in relation to any Protocol object, the registration holder may request, in the approved form, CASA to record the IDERA on the Australian Civil Aircraft Register.\n\n(2) If:\n\n(a) CASA receives a request under subrule 4(1);\n\n(b) at the time of the request no other IDERA is recorded on the Australian Civil Aircraft Register in respect of the Protocol object to which the IDERA relates; and\n\n(c) the IDERA has been signed by the registration holder,\n\nCASA must record the IDERA on the Australian Civil Aircraft Register as soon as reasonably practicable.\n\n(3) Within 5 working days of recording an IDERA under subrule 4(2), CASA must return an original copy of the IDERA countersigned by CASA to the registration holder who made the request under subrule 4(1).\n\n5 Submission and recording of CDCL\n\n(1) If an IDERA has been recorded on the Australian Civil Aircraft Register by CASA under subrule 4(2), the authorised party under that IDERA may request, in the approved form, CASA to record a CDCL in respect of that IDERA on the Australian Civil Aircraft Register.\n\n(2) If:\n\n(a) CASA receives a request under subrule 5(1);\n\n(b) at the time of the request, no other CDCL is recorded on the Australian Civil Aircraft Register in respect of the IDERA to which the CDCL relates; and\n\n(c) the CDCL has been signed by the authorised party under the IDERA to which the CDCL relates,\n\nCASA must record the CDCL on the Australian Civil Aircraft Register as soon as reasonably practicable.\n\n(3) Within 5 working days of recording a CDCL in respect of an IDERA under subrule 5(2), CASA must return an original copy of the CDCL countersigned by CASA to the authorised party who made the request under subrule 5(1).\n\n \n\n6 Removal of IDERA\n\n(1) An authorised party under an IDERA recorded by CASA pursuant to subrule 4(2) may request, in the approved form, CASA to remove that IDERA from the Australian Civil Aircraft Register if at the time of the request:\n\n(a) no CDCL is recorded on the Australian Civil Aircraft Register in respect of the IDERA; or\n\n(b) the authorised party under the IDERA procures written consent, in the approved form, from the certified designee under any CDCL that is recorded on the Australian Civil Aircraft Register in respect of the IDERA for the removal of the IDERA and that CDCL.\n\n(2) If CASA receives a request in accordance with subrule 6(1), CASA must, as soon as practicable, remove the recordation of the IDERA from the Australian Civil Aircraft Register and, if the request is in accordance with subrule 6(1)(b), remove the recordation of the CDCL in respect of that IDERA.\n\n7 Removal of CDCL\n\n(1) The certified designee under a CDCL recorded by CASA pursuant to subrule 5(2) may request, in the approved form, CASA to remove that CDCL from the Australian Civil Aircraft Register.\n\n(2) If CASA receives a request in accordance with subrule 7(1), CASA must, as soon as practicable, remove the recordation of the CDCL from the Australian Civil Aircraft Register.\n\n8 De-registration requests\n\n(1) An authorised party under an IDERA recorded under rule 4, or, if a CDCL has been recorded under rule 5 in respect of that IDERA, the authorised party’s certified designee under the CDCL may, in the approved form and in accordance with that IDERA or CDCL, as the case may be, request CASA to de-register the Protocol object to which the IDERA or CDCL, as the case may be, relates.\n\n(2) In the request under subrule 8(1), the authorised party or the certified designee, as the case may be, must certify in writing, in the approved form, that:\n\n(a) the Protocol object is not subject to any registered interest that ranks in priority to the international interest that the authorised party holds in the Protocol object; or\n\n(b) if the Protocol object is subject to a registered interest that ranks in priority to the international interest that the authorised party holds in the Protocol object, the holder of the higher-ranking registered interest has consented to the de-registration and export of the Protocol object.\n\n(3) If CASA receives a request under subrule 8(1) that is accompanied by the certification specified in subrule 8(2), CASA must, as soon as practicable but, in any event, within 5 working days of receiving the request:\n\n(a) de-register the relevant Protocol object from the Australian Civil Aircraft Register; and\n\n(b) expeditiously co-operate with and assist the authorised party or the certified designee in the export and physical transfer of the Protocol object from Australia to the extent such co-operation and assistance is consistent with CASA’s functions under or the requirements of the CAA, the CAR, the CASR or other applicable civil aviation safety laws.\n\nPart 3 Administrative procedures\n\n9 Forms and administrative procedures\n\n(1) CASA must approve a form for each of subrules 4(1), 5(1), 6(1), 7(1), 8(1) and 8(2).\n\n(2) Each form approved by CASA under subrule 9(1) may require the person making the request or giving the certification:\n\n(a) to give CASA any information CASA considers necessary to be satisfied that the request or certification has been validly and authentically made; and\n\n(b) to authorise CASA to verify the information in the form.\n\n(3) CASA may use and disclose personal information that is contained in an IDERA or a CDCL as is necessary to record the IDERA or the CDCL on the Australian Civil Aircraft Register and to make information in the Australian Civil Aircraft Register accessible to the public.\n\n10 Fees\n\n(1) The fee specified in the fourth column of an item in Schedule 3 is payable to CASA in respect of a request of the kind specified in the second column of that item.\n\n(2) Despite anything else in these Rules, CASA must not act on a request under these Rules unless the fee prescribed by subrule 10(1) has been tendered.\n\n \n\n \n\nSchedule 1 - IDERA\n\n \n\nIRREVOCABLE DE-REGISTRATION AND EXPORT REQUEST AUTHORISATION\n\nRefer to the International Interests in Mobile Equipment (Cape Town Convention) Act 2013\n\nDate: [insert date]\n\nTo: Civil Aviation Safety Authority, Australia\n\nRe: Irrevocable De-Registration and Export Request Authorisation\n\nThe undersigned is the registration holder of the [insert airframe/helicopter manufacturer name and model number] bearing manufacturer’s serial number [insert manufacturer’s serial number] and registration mark [insert registration mark] (together with all installed, incorporated or attached accessories, parts and equipment, the “aircraft”).\n\nThis instrument is an irrevocable de-registration and export request authorisation issued by the undersigned in favour of [insert name of creditor] (“the authorised party”) under the authority of Article XIII of the Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Aircraft Equipment. In accordance with that Article, the undersigned hereby requests:\n\n(i) recognition that the authorised party or the person it certifies as its designee is the sole person entitled to:\n\n(a) procure the de-registration of the aircraft from the Australian Civil Aircraft Register maintained by the Civil Aviation Safety Authority for the purposes of Chapter III of the Convention on International Civil Aviation, signed at Chicago, on 7 December 1944; and\n\n(b) procure the export and physical transfer of the aircraft from Australia; and\n\n(ii) confirmation that the authorised party or the person it certifies as its designee may take the action specified in clause (i) above on written demand without the consent of the undersigned and that, upon such demand, the authorities in Australia shall co‑operate with the authorised party with a view to the speedy completion of such action.\n\nThe rights in favour of the authorised party established by this instrument may not be revoked by the undersigned without the written consent of the authorised party.\n\nPlease acknowledge your agreement to this request and its terms by appropriate notation in the space provided below and lodging this instrument with the Civil Aviation Safety Authority.\n\n| [Insert name of registration holder] | |\n| --- | --- |\n| | |\n| _________________________
By: [insert name of signatory] | _________________________
|\n| Title: [insert title of signatory] | |\n| | |\n| Agreed to and recorded this | |\n| Dated: | |\n| | |\n| _________________________
Name: | |\n| Title: | |\n\n\n\nSchedule 2 – CDCL\n\n \n\nCERTIFIED DESIGNEE CONFIRMATION LETTER IRREVOCABLE DE-REGISTRATION & EXPORT REQUEST AUTHORISATION REFER TO THE INTERNATIONAL INTERESTS IN MOBILE /EQUIPMENT (CAPE TOWN CONVENTION ACT 2013)\n\n \n\nDate : [Insert date]\n\nTo : Civil Aviation Safety Authority, Australia\n\nRe : Appointment of Certified Designee in relation to the Irrevocable De-Registration and Export Request Authorisation for\n\n[insert the airframe/helicopter manufacturer name and model number] bearing manufacturer’s serial number [insert manufacturer’s serial number] and registration mark [insert registration mark] (the “IDERA”).\n\nWe, [insert name of authorised party] as “the authorised party” under the IDERA, hereby confirm that [insert name, designation of company to be designated] in its capacity as [insert capacity acting under for authorised party] is the certified designee (under the authority of Article XIII(3) of the Protocol to the Convention on International Interests in Mobile Equipment on matters specific to Aircraft Equipment) in accordance with the confirmations and authorisations in our favour set out in the IDERA authorisation dated [insert date] issued by [insert name of airframe/helicopter registration holder], the registration holder of the [insert the airframe/helicopter manufacturer name and model number] bearing manufacturer ’s serial number [insert manufacturer’s serial number] and registration mark [insert registration mark].\n\nPlease acknowledge your agreement to this request and its terms by countersigning below.\n\n \n\n| [Insert name of authorised party] | |\n| --- | --- |\n| | |\n| | |\n| _________________________
By: [insert name of signatory] | |\n| Title: [insert title of signatory] | |\n| | |\n| | |\n| Agreed to and recorded this | |\n| Dated: | |\n| | |\n| | |\n| | |\n| | |\n| _________________________
Name: | |\n| Title: | |\n\n\n\n\n\nSchedule 3 – Fees\n\n| Item | Request | Reference to applicable subrule | Fee |\n| --- | --- | --- | --- |\n| 1 | Registration of an Irrevocable De-registration and Export Request Authorisation (IDERA) – processing and consideration of application
| 4(1) | $137 |\n| 2 | Registration of a Certified Designee Confirmation Letter (CDCL) – processing and consideration of application | 5(1) | $112 |\n| 3 | Removal of an Irrevocable De-registration and Export Request Authorisation (IDERA) – processing and consideration of application
| 6(1) | $112 |\n| 4 | Removal of a Certified Designee Confirmation Letter (CDCL) – processing and consideration of application
| 7(1) | $100 |\n| 5 | Cancellation of Part 47 registered aircraft under an Irrevocable De-registration and Export Request Authorisation (IDERA) or Certified Designee Confirmation Letter (CDCL) – processing and consideration of application | 8(1) | $73 |\n\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose: implementing the administrative machinery for IDERA and CDCL registration under the Cape Town Convention. The rules cover exactly what is necessary to give effect to Australia's treaty obligations—recordation procedures, removal procedures, de-registration requests, and fees—without significant expansion beyond the core function of facilitating aircraft repossession by international financiers."},"complexity_factors":["Multiple nested defined terms referencing external instruments (Convention, Protocol, CAA, CAR, CASR, Dictionary)","Cross-referencing between IDERA and CDCL creates conditional dependencies (cannot have CDCL without IDERA, removal conditions differ)","Specific aircraft type thresholds (8 persons/2,750kg for airframes; 5 persons/450kg for helicopters) imported by reference to Protocol Article 1","Priority ranking certification requirement in rule 8(2) introduces conditional logic","Dual pathways for de-registration (authorised party vs certified designee) with slightly different procedural requirements","External form approval mechanism (subrule 9(1)) delegates substantive procedural requirements to future CASA determinations"],"plain_english_summary":"These rules let lenders register an IDERA with CASA to de‑register and export large Australian‑registered aircraft without the owner’s consent on default, with fast‑track processing and priority protection. It affects aircraft financiers, lessors, airlines and the regulator.\n\nThe regime implements Australia’s Cape Town Convention obligations to lower financing costs by giving lenders confidence in quick repossession."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These Rules are administrative and implementational: they set out how CASA records, removes and acts on IDERAs and CDCLs and prescribe forms and fees. They do not expand the substantive reach of the Cape Town Convention or the Act; rather they provide the domestic procedural machinery to operationalise those instruments. There is no sign in the text that the Rules extend beyond the Act's original purpose of giving effect to the Convention/Protocol for Part 47 aircraft."},"complexity_factors":["Short instrument (10 substantive rules + 3 schedules)","Limited number of defined terms (c. 12 explicit local definitions + cross-references to Act, Convention, Protocol, CAA/CAR/CASR)","Straightforward conditional logic: presence/absence of existing IDERA/CDCL, signature requirements, consent/certification for removal or de-registration (rules 4–8)","Two time limits (CASA must return countersigned originals within 5 working days after recording; CASA must de-register within 5 working days after a compliant de-registration request) (rules 4(3), 5(3), 8(3))","Several cross-references to external instruments (Act, Convention, Protocol, CASR/Part 47) which require users to consult other laws for full effect (rules 2, 3 and notes)","Fixed fee schedule with small number of items (Schedule 3) and a mandatory-payment stop rule (rule 10)"],"plain_english_summary":"**What these Rules do (mechanics)\n\n- Allow certain documents linked to the Cape Town Convention to be recorded on the Australian Civil Aircraft Register (the Register) and set out how that is done. The documents are:\n - an Irrevocable De-registration and Export Request Authorisation (IDERA) (Schedule 1); and\n - a Certified Designee Confirmation Letter (CDCL) (Schedule 2).\n\n- Require the Civil Aviation Safety Authority (CASA) to record an IDERA or CDCL on the Register if prescribed conditions are met (signed instrument, no other conflicting recorded instrument) and to return a countersigned original within 5 working days after recording (rules 4 and 5).\n\n- Allow the authorised party under an IDERA (or their certified designee, if a CDCL is recorded) to request that CASA de-register the aircraft from the Register and to assist with export and physical transfer of the aircraft, provided the requester certifies either that no higher-ranking registered interest exists or that any such holder has consented (rule 8). CASA must de-register and assist as soon as practicable and, in any event, within 5 working days after receiving a compliant request (rule 8(3)).\n\n- Set rules for removing recorded IDERAs and CDCLs at the request of the appropriate party, subject to limited conditions (rules 6 and 7).\n\n- Require CASA to approve the specific forms used, allow CASA to verify information and require necessary information on the forms, and permit CASA to use or disclose personal information held in an IDERA or CDCL as needed for recording and public access (rule 9).\n\n- Prescribe modest fees for lodging and removing these instruments and for the cancellation (de-registration) of a Part 47 registered aircraft under an IDERA or CDCL; CASA must not act on a request until the fee is paid (rule 10 and Schedule 3).\n\nWho it affects\n\n- Registration holders of Part 47 aircraft (airframes and helicopters that meet the Protocol thresholds) — they can issue an IDERA that effectively authorises a creditor to de-register and export the aircraft (Schedules 1 & 2; rules 3 and 4).\n- Creditors or other \"authorised parties\" under an IDERA — they can register that authorisation with CASA, appoint a certified designee by registering a CDCL, and ultimately request de-registration and export of the aircraft in accordance with the IDERA/CDCL (rules 4–8).\n- CASA — decides whether recording/removal/de-registration requests meet the rule conditions, approves the forms, verifies information, records instruments on the Register, and must perform or assist within specified timeframes (rules 4–9).\n- Holders of other registered interests on the Register — their priorities matter: an authorised party’s ability to de-register depends on certification that no higher-priority registrant exists or that that holder has consented (rule 8(2)).\n\nWhy it matters (purpose statements and practical implications)\n\n- Official purpose claim: these Rules implement the administrative steps needed for Australia to give domestic effect to the Cape Town Convention and its Aircraft Protocol — by recording IDERAs and CDCLs and enabling the de-registration/export procedure that the Convention contemplates.\n\n- Practical effect and incentives:\n - The Rules create a predictable, low-cost administrative pathway (specified forms, fixed fees) for creditors to register rights that allow de-registration and export of aircraft subject to an international interest. That increases the liquidity and enforceability of cross-border aircraft finance arrangements by making it administratively straightforward to record and use IDERAs/CDCLs (rules 4–5, Schedule 3).\n - Registration holders lose unilateral control to some extent: an IDERA grants the authorised party (or their certified designee) the power to demand de-registration and export without the registration holder’s consent (Schedule 1). That shifts bargaining power in favour of parties holding international interests when an IDERA is in effect.\n - The Rules require certification about priority of interests before CASA will de-register. This places the onus on the authorised party/designee to show they either hold the top-ranked registered interest or that higher-ranked interest has consented (rule 8(2)). That is a procedural safeguard that channels disputes about priority to the registration/certification process rather than to CASA.\n\nCosts, trade-offs and implementation risks\n\n- Direct costs to users are small, fixed fees set out in Schedule 3; CASA will not act without fee payment (rule 10).\n- Administrative/compliance burden is mainly on the parties who must prepare, sign and lodge the approved forms and supply information CASA requests; CASA may verify information (rule 9(2)).\n- CASA retains legal and operational limits: CASA must assist and de-register \"to the extent such co‑operation and assistance is consistent with CASA’s functions\" and applicable aviation safety laws (rule 8(3)(b)). That preserves CASA’s safety and regulatory discretion, so CASA’s assistance for export is not unconditional.\n- Risk of competing claims: the Rules rely on the requester’s written certification about priority. If that certification is wrong or contested, the Rules do not themselves resolve priority disputes; those will be addressed through the Convention’s dispute mechanisms or domestic legal processes. CASA’s statutory duty to act within safety-law limits could delay physical export even if de-registration is processed.\n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: the person lodging the request (authorised party, certified designee, or registration holder as relevant) pays the modest fee listed in Schedule 3; CASA will not act until the fee is paid (rule 10).\n- Who decides: CASA reviews and records or removes IDERAs/CDCLs and carries out de-registration and assistance tasks when the formal conditions are satisfied; CASA also approves the specific forms and may verify information (rules 4–9).\n- Behaviour likely to change: secured lenders/creditors can more confidently use IDERAs and CDCLs to enforce cross-border security interests; registration holders may be more likely to negotiate contractual protections (e.g. prohibitions on IDERAs) or insist on priority protections; parties will use the approved forms and the Register as the administrative mechanism for recording and enforcing these rights.\n\nKey legal limits and cross-references\n\n- The Rules operate only for Part 47 registered aircraft (rule 3 and notes to Schedule 1). They work in conjunction with the International Interests in Mobile Equipment (Cape Town Convention) Act 2013 (the Act), the Convention and Protocol, and Australia’s aviation statutes and regulations (CAA, CAR, CASR) — CASA must act consistent with those instruments (rules 2, 3 and 8(3)(b))."}},"importantCases":[],"_links":{"self":"/api/acts/international-interests-in-mobile-equipment-cape-town-convention-rules-2014","history":"/api/acts/international-interests-in-mobile-equipment-cape-town-convention-rules-2014/history","analysis":"/api/acts/international-interests-in-mobile-equipment-cape-town-convention-rules-2014/analysis","conflicts":"/api/acts/international-interests-in-mobile-equipment-cape-town-convention-rules-2014/conflicts","importantCases":"/api/acts/international-interests-in-mobile-equipment-cape-town-convention-rules-2014/important-cases","documents":"/api/acts/international-interests-in-mobile-equipment-cape-town-convention-rules-2014/documents"}}