Civil Aviation Order 100.16 Instrument 2006

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 

2 Commencement 

3 Civil Aviation Order 100.16 

Schedule 1 Civil Aviation Order 100.16

1 Application 

2 Definitions 

3 Distribution of aircraft components and aircraft materials 

4 Rejection of aircraft components and aircraft materials 

Appendix 1

Notes to Civil Aviation Order 100.16 Instrument 2006 

Note 1 

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

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