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Orders/Civil Aviation as made
This order remakes Civil Aviation Order 100.16 Instrument 2006 to include corrections and revisions to clarify aspects of the order including the identification of persons responsible for the reporting of rejected components and the guidance for such reporting under the requirements of Part 4B of CAR 1988.
Administered by: Infrastructure, Transport, Cities and Regional Development
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 10 Dec 2015
Tabling HistoryDate
Tabled HR02-Feb-2016
Tabled Senate02-Feb-2016

I, MARK ALAN SKIDMORE, Director of Aviation Safety, on behalf of CASA, make this instrument under subregulation 30 (3) and regulation 38 of the Civil Aviation Regulations 1988.

[Signed M. Skidmore]

Mark Skidmore AM
Director of Aviation Safety

7 December 2015

1A       Name of instrument

1A.1    This instrument is the Civil Aviation Order 100.16 (Administration and procedure — distribution and rejection of aircraft components and aircraft materials) Instrument 2015.

1A.2    This instrument may be cited as Civil Aviation Order 100.16.

1A.3    A reference in an instrument to section 100.16 of the Civil Aviation Orders is taken to be a reference to this instrument.

1B       Commencement

                 This instrument commences on the day after registration.

1C       Repeal

                 Civil Aviation Order 100.16 Instrument 2006, also known as F2006L03250, including Civil Aviation Order 100.16 as set out in Schedule 1 of that instrument, as amended, is repealed.

1          Application

       1.1     Except as stated in paragraph 1.2, this Order applies to:

(a)   the holder of a certificate of approval covering the distribution of an aircraft component or an aircraft material; and

(b)   any person permitted to carry out maintenance under regulation 42ZC of CAR 1988.

       1.2     Subsection 3 does not apply to the distribution of aviation fuel, aircraft engine lubricating oil, aircraft engine power augmentation fluid or aircraft hydraulic system fluid by the holder of a certificate of approval covering the distribution.

2          Definitions

                 In this Order:

CAR 1988 means the Civil Aviation Regulations 1988.

release note means a document identified as such which states that it has been issued under the authority of a certificate of approval granted by CASA and which quotes the certificate number.

3          Distribution of aircraft components and aircraft materials

       3.1     The holder of a certificate of approval covering the distribution of an aircraft component or an aircraft material must not issue a release note in respect of the component or material unless:

(a)   the aircraft component or the aircraft material is in accordance with the descriptions and specifications stated on the release note; and

(b)   the holder of the certificate considers the aircraft component or aircraft material is serviceable; and

(c)   the aircraft component or aircraft material was supplied to him or her under cover of:

             (i)  a document that is, under Appendix 1, an appropriate document in respect of the component or material for the purposes of this subparagraph; or

            (ii)  a document, or a document of a kind, approved for the purpose by CASA; and

(d)   for an aircraft component previously fitted to an aircraft for which an Australian certificate of airworthiness has been issued, or removed in Australian territory from a foreign aircraft for which a foreign certificate of airworthiness has been issued — the aircraft component has been:

             (i)  overhauled or inspected and repaired as necessary to establish serviceability by the holder under a certificate of approval covering the maintenance; or

            (ii)  returned to the holder after having been overhauled or inspected and repaired as necessary to establish serviceability under cover of:

(A)  a document that is, under Appendix 1, an appropriate document in respect of the component for the purposes of this sub‑subparagraph; or

(B)  a document, or a document of a kind, approved for the purpose by CASA;

                   provided that where the document originated from outside Australian territory, that document or another document supplementing that document indicates:

(C)  the maintenance which has been performed; and

(D)  details of all modifications and repairs carried out and the design data or documents used; and

(E)   for components reconditioned — that the reconditioning was carried out in accordance with the requirements of the competent authority of the Contracting State.

       3.2     A release note issued by the holder of a certificate of approval must specify its date of issue and in respect of the aircraft component or aircraft material to which it relates:

(a)   the part number or specification number as applicable; and

(b)   the description, quantity and, if applicable, serial number; and

(c)   details of any endorsement made on the document under cover of which it was supplied under subparagraph 3.1 (c), or returned under sub‑subparagraph 3.1 (d) (ii), to the certificate holder.

       3.3     A release note must not specify compliance with a modification or inspection unless the consignor has established that — the aircraft component or aircraft material does so comply.

       3.4     A release note must not be endorsed to indicate the time in service of an aircraft component unless the consignor can substantiate the endorsement.

4          Rejection of aircraft components and aircraft materials

       4.1     If aircraft components or aircraft materials supplied under subparagraph 3.1 (c), or returned under sub-subparagraph 3.1 (d) (ii), to a person referred to in subparagraph 1.1 (a) are unsuitable for use on aircraft because of manufacturing discrepancies or failure to observe proper quality control procedures during manufacture or maintenance (the defect), the person must:

(a)    reject the aircraft component or aircraft material; and

(b)    make a report to the supplier in accordance with paragraph 4.3.

       4.2     If aircraft components or aircraft materials supplied under subparagraph 3.1 (c), or returned under sub-subparagraph 3.1 (d) (ii), to a person referred to in subparagraph 1.1 (b) are unsuitable for use on aircraft because of a defect, the person must:

(a)    reject the aircraft component or aircraft material; and

(b)    make a report to the supplier in accordance with paragraph 4.3; and

(c)    if the person thinks that the defect is such that, if the aircraft component or aircraft material were installed in an aircraft, the safety of the aircraft might become affected or the aircraft might become a danger to a person or property — make a report to CASA in relation to the defect which meet the requirements of paragraphs 4.3 and 4.4.

       4.3     A report must:

(a)    describe the defect; and

(b)    set out the date on which the defect was discovered; and

(c)    set out the circumstances in which the defect was discovered; and

(d)    set out any action that has been taken or that is proposed to be taken:

             (i)  to rectify the defect; or

            (ii)  to prevent the defect from recurring; and

(e)    set out what the person making the report thinks is the cause of the defect; and

(f)     if the defect is in an aircraft — set out:

             (i)  the type, model, serial number and registration mark of the aircraft; and

            (ii)  the type, model and serial number of the aircraft’s engine; and

           (iii)  if the aircraft has a propeller — the type, model and serial number of the aircraft’s propeller; and

           (iv)  the time in service of, number of landings of, or number of cycles completed by, the aircraft since new; and

(g)    if the defect is in an aircraft component or an aircraft material — set out:

             (i)  the identity of the aircraft component, including (if applicable) the part number and serial number of the aircraft component or aircraft material; and

            (ii)  the time in service of, or the number of cycles completed by, the aircraft component or aircraft material since new; and

           (iii)  if the aircraft component or aircraft material has been overhauled — the time in service of, or the number of cycles completed by, the component since its most recent overhaul; and

           (iv)  if the aircraft component or aircraft material is a turbine engine — the number of cycles completed by the aircraft component or aircraft material since new.

       4.4     A report to CASA in relation to a defect must be sent to CASA within 2 working days of the discovery of the defect.

       4.5     Paragraph 4.4 does not apply to a report of a major defect within the meaning of regulation 51A of CAR 1988.

Note 1   Refer to CAAP 51-1 for guidance on reporting of defects to CASA.

Note 2   Refer to CAAP 51-2 for guidance on detecting and reporting suspected unapproved parts.

Appendix 1

Appropriate documents

   (1)     If an aircraft component or aircraft material is supplied to the holder of a certificate of approval from a country mentioned in column 2 of an item in the table at the end of this Appendix, then, for subparagraph 3.1 (c):

(a)   a document of the kind described in column 3 of that item, or (if more than 1 kind of document is described in column 3 of that item) a document of any of those kinds that is stated, in that column, to be relevant to the component or material, if it is issued in accordance with the law of that country and identifies the component or material; or

(b)   a copy of any such document issued by the originator of the document;

            is an appropriate document in respect of the component or material.

   (2)     If an aircraft component is returned to the holder of a certificate of approval from a country mentioned in column 2 of an item in the table at the end of this Appendix, then, for sub‑subparagraph 3.1 (d) (ii):

(a)   a document of the kind described in column 3 of that item, or (if more than 1 kind of document is described in column 3 of that item) a document of any of those kinds that is stated, in that column, to be relevant to the component, if it is issued in accordance with the law of that country and identifies the component; or

(b)   a copy of any such document issued by the originator of the document;

            is an appropriate document in respect of the component.

Table

Item No.

Country

Appropriate documents

      1

Austria

An authorised release certificate (EASA Form 1).

      2

Belgium

An authorised release certificate (EASA Form 1).

      3

Brazil

•   Relevant to aircraft components or materials that are Class I products — a Centro Technico Aerospacial Form F-100-12 (Export Certificate of Airworthiness).

•   Relevant to aircraft components or materials that are Class II or Class III products — a Centro Technico Aerospacial Form F‑100-01B (Authorised Release Certificate/Airworthiness Approval Tag).

      4

Canada

•   Relevant to aircraft components or materials that were manufactured in that country — an authorised release certificate (TC Form 24‑0078) to which a Conformity Certificate (Form 24‑0045) is attached.

•   Relevant to all other aircraft components or materials — an authorised release certificate (TC Form 24-0078).

      5

Cyprus

An authorised release certificate (EASA Form 1).

      6

Czech Republic

Relevant to all aircraft components or materials:

•   an authorised release certificate (EASA Form 1);

•   a “Quality and Completeness Certificate” issued by the Civil Aviation Inspectorate of that country.

      7

Denmark

An authorised release certificate (EASA Form 1).

      8

Finland

An authorised release certificate (EASA Form 1).

      9

France

An authorised release certificate (EASA Form 1).

    10

Germany

An authorised release certificate (EASA Form 1).

    11

Greece

An authorised release certificate (EASA Form 1).

    12

Hungary

An authorised release certificate (EASA Form 1).

    13

Iceland

An authorised release certificate (EASA Form 1).

    14

India

A document, identified as a “Release note”, that has been issued under an approval granted by the Indian Director General of Civil Aviation and quotes the reference number of that approval.

    15

Ireland

An authorised release certificate (EASA Form 1).

    16

Israel

•   Relevant to aircraft components or materials that are Class I products — a State of Israel Ministry of Transport Form EN 806 (Export Certificate of Airworthiness).

•   Relevant to aircraft components or materials that are Class II or Class III products — a State of Israel Form EN 804 (Airworthiness Approval Tag) with, in the case of components or products that were not manufactured in Israel, an endorsement on the form indicating the source of supply and reference.

    17

Italy

An authorised release certificate (EASA Form 1).

    18

Japan

•   Relevant to aircraft components or materials that are items of emergency equipment — JCAB Form TCF-60-3.

•   Relevant to all other aircraft components or materials — a document, identified as “Certificate of Airworthiness for Export” (Form #1) or a “Certificate of Conformity for Export” (Form #3), issued by the Japanese Civil Aviation Bureau (JCAB) and containing a signed and dated certificate attesting to the airworthiness of the components or materials.

    19

Luxembourg

An authorised release certificate (EASA Form 1).

    20

Malta

An authorised release certificate (EASA Form 1).

    21

Monaco

An authorised release certificate (EASA Form 1).

    22

Netherlands

An authorised release certificate (EASA Form 1).

    23

New Zealand

Relevant to all aircraft components or materials:

•   CAA Form 1;

•   a document, identified as an “Authorised Release Certificate”, that has been issued under an approval granted by the New Zealand Civil Aviation Authority and quotes the reference number of that approval.

    24

Norway

An Airworthiness Tag/Release Note (EASA Form 1).

    25

Papua New Guinea

•   Relevant to an aircraft engine or propeller — an appropriate logbook in which all entries required by the Civil Aviation Orders have been made.

•   Relevant to all other aircraft components or all aircraft materials — a release note issued in accordance with the Civil Aviation Orders.

    26

Poland

An authorised release certificate (EASA Form 1).

    27

Portugal

An authorised release certificate (EASA Form 1).

    28

Republic of South Africa

•   Relevant to aircraft components or materials manufactured in that country — a Certificate of Conformity issued by the Chief Inspector of the approved Organisation concerned.

•   Relevant to aircraft components on which maintenance has been carried out — an appropriate logbook entry certified by the responsible Chief Inspector or aircraft maintenance engineer.

    29

Singapore

•   Relevant to aircraft components received in accordance with a distributor approval — an “authorised release certificate/airworthiness approval tag” for re-issued components by distributors (Form CAAS (AW) 96).

•   Relevant to aircraft components, other than those received in accordance with a distributor approval, or aircraft materials — an “authorised release certificate/airworthiness approval tag” (Form CAAS (AW) 95).

    30

Slovenia

An authorised release certificate (EASA Form 1).

    31

Spain

An authorised release certificate (EASA Form 1).

    32

Sweden

An authorised release certificate (EASA Form 1).

    33

Switzerland

An authorised release certificate (EASA Form 1).

    34

United Kingdom

An authorised release certificate (EASA Form 1).

    35

United States

•   Relevant to aircraft components or materials that are Class I products — an FAA Form 8130-3 (“authorised release certificate/airworthiness approval tag”).

•   Relevant to aircraft components or materials that are Class II products:

(a)   an FAA Form 8130-3 (“authorised release certificate/airworthiness approval tag”); or

(b)   a document issued by the manufacturer of the product and containing a certificate to the effect that the product was manufactured under a Technical Standard Order authorisation issued under Subpart O of Part 21 of the FARs.

•   Relevant to aircraft components or materials that are Class III products:

     (a)   an FAA Form 8130-3 (“authorised release certificate/airworthiness approval tag”); or

     (b)   a document issued by the manufacturer of the product and containing a certificate to the effect that the product was manufactured under:

  (i)  a production certificate issued under Subpart G of Part 21 of the FARs; or

(ii)  a Parts Manufacturer Approval issued under Subpart K of Part 21 of the FARs; or

(iii)  an approved production inspection system established and maintained under Subpart F of Part 21 of the FARs.

 

Note   For the definitions of Class I product, Class II product and Class III product, see regulation 21.321 of CASR 1998.