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

Civil Aviation Order 100.16 (Administration and procedure — distribution and rejection of aircraft components and aircraft materials) Instrument 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known as F2006L03250, including Civil Aviation Order 100.16 as set out in Schedule 1 of that instrument, as amended, is repealed.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

 1.1Except 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.

 1.2Subsection 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

 3.1The 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.

 3.2A 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.

 3.3A 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.

 3.4A 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.

 4.2If 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.

 4.5Paragraph 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