An irrevocable deregistration is a voluntary measure that:
- gives greater security to creditors
- prevents a debtor flying to a jurisdiction where the Cape Town Convention does not apply.
A registration holder can submit an IDERA to us indicating that only the authorised party:
- can deregister or export a specified aircraft object
- can issue a certified designee confirmation letter (CDCL) to transfer their rights.
The CDCL is a letter issued by an authorised party. It transfers rights under the IDERA to a certified designee and can not be withdrawn without the consent of the certified designee.
Cape Town Convention
In Australia, the Cape Town Convention applies to airframes and helicopters, provided that:
- the airframe can transport at least 8 persons (including crew) or goods in excess of 2750 kilograms
- the helicopter can transport at least 5 persons (including crew) or goods in excess of 450 kilograms.
The International Interests in Mobile Equipment (Cape Town Convention) Act 2013 sets the legislative framework for Australia's agreement to the convention and protocol on matters specific to aircraft.
The Convention:
- provides creditors with an internationally recognised set of rights in the event of a debtor's default or insolvency
- allows creditors to register their interests in an international register
- guarantees the priority of their claim against other parties.
How to submit or remove an IDERA
To submit an IDERA:
- the registration holder must complete and submit the original Form 1538 Request to record irrevocable de-registration and export request authorisation (IDERA) on Australian civil aircraft register.
To remove an IDERA:
- the authorised party under the IDERA must complete and submit Form 1540 Irrevocable de-registration and export request authorisation (IDERA) removal request.
To deregister an aircraft under an IDERA:
- the authorised party must complete and submit Form 1542 Irrevocable de-registration and export request authorisation (IDERA) or certified designee confirmation letter (CDCL) de-registration request
- where there is a CDCL recorded, the certified designee must submit the form.
Once we have sent a confirmation of de-registration letter, the aircraft is no longer registered. It does not possess a certificate of airworthiness and can not be flown.
How to submit or remove a CDCL
To submit a CDCL:
- the authorised party must complete and submit the original Form 1539 Request to record a certified designee confirmation letter.
To remove a CDCL:
- the certified designee must complete and submit Form 1541 Certified designee confirmation letter (CDCL) removal request.
Fees
You need to pay a fee to record or remove an IDERA or CDCL. You can find the fee amount on the application form.