Civil Aviation Order 100.16 Instrument 2006 (Cth)

Civil Aviation Order 100.16 Instrument 2006

as amended

made under subregulation 30 (3) of the Civil Aviation Regulations 1988.

This compilation was prepared on 25 February 2010 taking into account amendments up to Civil Aviation Order 100.16 Amendment Order (No. 1) 2010.

Prepared by the Legislative Drafting Branch, Legal Services Division, Civil Aviation Safety Authority, Canberra.

Contents

Page

1 Name of instrument 1

2 Commencement 1

3 Civil Aviation Order 100.16 1

Schedule 1 Civil Aviation Order 100.16 2

1 Application 2

2 Definitions 2

3 Distribution of aircraft components and aircraft materials 2

4 Rejection of aircraft components and aircraft materials 4

Appendix 1 5

Notes to Civil Aviation Order 100.16 Instrument 2006 9

Note 1 9

1 Name of instrument

This instrument is the Civil Aviation Order 100.16 Instrument 2006.

2 Commencement

This instrument commences on the day after it is registered.

3 Civil Aviation Order 100.16

Civil Aviation Order 100.16 is revoked and a new Civil Aviation Order 100.16 substituted as set out in Schedule 1.

Schedule 1 Civil Aviation Order 100.16

Administration and procedure — distribution and rejection of aircraft components and aircraft materials

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 other than the distribution of an aircraft component or an aircraft material manufactured by the holder; and

(b) the holder of a certificate of approval who rejects an aircraft component or an aircraft material.

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

2.1 In this Order:

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 the holder of a certificate of approval are unsuitable for use on aircraft because of manufacturing discrepancies or failure to observe proper quality control procedures during manufacture or maintenance, the holder of the certificate must send to CASA a written defect report that includes the following details:

(a) description of components or materials including part, drawing or specification number, serial number (if applicable) and where possible a reference to the parts catalogue in which the part number is listed;

(b) quantity received and quantity with discrepancies;

(c) details of the discrepancies;

(d) name of holder of certificate of approval or overseas organisation from which the components or materials were received;

(e) in respect of components and materials not received direct from the manufacturer — any additional details which could assist in tracing the history of the goods, e.g. manufacturer’s identification markings, the name and address of the certificate of approval holder or overseas organisation that issued the document under cover of which the components or materials were supplied or returned to the certificate holder.

Note 1 A document which contains the information required by this paragraph and is used by the organisation to notify the supplier of the reason for the non-acceptance of the goods would constitute an acceptable means of notification.

Note 2 As the defect or failure to observe proper quality control procedures may not become apparent until such time as the component or material is being used, it is recommended that an organisation provide a system which, up to the time of its use, allows a component or material to be correlated to its incoming release note or other equivalent type document.

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 log book 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 log book 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.

Notes to Civil Aviation Order 100.16 Instrument 2006

Note 1

The Civil Aviation Order 100.16 Instrument 2006 (in force under the Civil Aviation Regulations 1988) as shown in this compilation comprises Civil Aviation Order 100.16 Instrument 2006 amended as indicated in the Tables below.

Table of Orders

Year and number	Date of registration on FRLI	Date of commencement	Application, saving or transitional provisions
CAO 100.16 Instrument 2006	28 September 2006 (see F2006L03250)	29 September 2006
CAO 100.16 Am Order (No. 1) 2007	30 January 2007 (see F2007L00153)	31 January 2007 (see s. 2)
CAO 100.16 Am Order (No. 1) 2010	25 February 2010 (see F2010L00507)	26 February 2010 (see s. 2)

Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
subs. 4	am. CAO 100.16 2007 (No. 1)
Appendix 1	am. CAO 100.16 2010 (No. 1)