Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A person commits an offence if:
(a) the person produces a modification or replacement part for sale for installation on a type certificated aircraft, aircraft engine or propeller; and
(b) the part is not produced in accordance with an APMA.
(1A) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
(2) This regulation does not apply to the following:
(a) parts manufactured in the course of maintenance by a maintenance organisation having approval to manufacture the parts;
(b) parts produced under a type certificate or production certificate;
(c) parts manufactured by the owner or operator of an aircraft, aircraft engine or propeller manufactured by the owner or operator, for maintaining or altering the aircraft, aircraft engine or propeller;
(d) parts produced under an ATSO authorisation;
(e) standard parts.
(2A) Any person is eligible to apply for an APMA.
(3) An application for an APMA may be made to CASA and must include the following:
(a) the identity of the aircraft, aircraft engine or propeller on which the part is to be installed;
(b) the name and address of the manufacturing facilities at which the part is to be manufactured;
(c) the design of the part, which consists of:
(i) drawings and specifications necessary to show the configuration of the part; and
(ii) information on dimensions, materials, and processes necessary to define the structural strength of the part;
(d) test reports and computations necessary to show that the design of the part meets the airworthiness requirements of these Regulations applicable to the aircraft, aircraft engine or propeller on which the part is to be installed, unless the applicant shows that the design of the part is identical to the design of a part that is covered under a type certificate. If the design of the part was obtained by a licensing agreement, evidence of that agreement must be furnished;
(e) subject to subregulation (3A), a copy of the system that the applicant proposes to use, if granted an APMA, to comply with the requirements of subregulation 21.303(11).
(3A) An applicant is not required to include a copy of the system referred to in paragraph 21.303(3)(e) if the applicant has previously given CASA a copy of the same version of the system.
(4) An applicant is entitled to an APMA for a replacement or modification part if CASA is satisfied that:
(a) the design meets the airworthiness requirements of these Regulations that are applicable to the aircraft, aircraft engine or propeller on which the part is to be installed; and
(b) the applicant would, if the APMA were to be granted, be able to comply with the requirements of subregulation (11).
(4A) For paragraph (4)(a), CASA may satisfy itself that the design meets the applicable airworthiness requirements on the basis of any of the following:
(a) an examination of the design;
(b) the technical data for the design approved under regulation 21.009;
(c) a certificate from an approved design organisation under subregulation (4C).
(4B) Subregulation (4C) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to determine whether the design meets the airworthiness requirements of these Regulations that are applicable to the aircraft, aircraft engine or propeller on which the part is to be installed.
(4C) If the approved design organisation is satisfied that the design meets the airworthiness requirements of these Regulations that are applicable to the aircraft, aircraft engine or propeller, the organisation may give CASA a certificate to that effect.
(5) An applicant for an APMA must allow CASA or a relevant approved design organisation to make any inspection or test necessary to determine compliance with the applicable regulations.
(6) CASA is not required to consider an application unless the applicant has complied with paragraphs (8)(b), (c) and (d).
(7) The applicant must ensure that no change is made to a part between the time compliance with paragraphs (8)(b), (c) and (d) is shown for that part and the time the part is presented to CASA or a relevant approved design organisation for inspection or test.
(8) An applicant for an APMA must make all inspections and tests necessary to determine the following:
(a) compliance with the applicable airworthiness requirements;
(b) that materials conform to the specifications in the design;
(c) that the part conforms to the drawings in the design;
(d) that the fabrication processes, construction, and assembly conform to those specified in the design.
(9) Subject to regulation 11.055, CASA must issue an APMA to an applicant for the APMA if the applicant:
(a) is eligible, under this regulation, to apply for the APMA; and
(b) applies for the APMA in accordance with this Subpart; and
(c) is entitled, under this Subpart, to the APMA; and
(d) otherwise complies with this Part.
(10) CASA is not required to issue an APMA if the manufacturing facilities for the part are located outside Australian territory, unless the location of the manufacturing facilities places no undue burden on CASA in administering the applicable airworthiness requirements.
(11) The holder of an APMA must establish and maintain a fabrication inspection system that ensures that each completed part conforms to the technical data for its design and is safe for installation on applicable type certificated aircraft, aircraft engines or propellers. The system must be documented and include procedures to ensure that:
(a) incoming materials used in the finished part are as specified in the technical data; and
(b) incoming materials are properly identified if their physical and chemical properties cannot otherwise be readily and accurately determined; and
(c) materials subject to damage and deterioration are suitably stored and adequately protected; and
(d) processes affecting the quality and safety of the finished aircraft, aircraft engine or propeller are accomplished in accordance with acceptable specifications; and
(e) parts in process are inspected for conformity with the technical data at points in production where their conformity can be accurately assessed; and
(ea) if, for paragraph (e), statistical quality control procedures are used in relation to a part--a satisfactory level of quality will be maintained for the part; and
(f) current design drawings are readily available to manufacturing and inspection personnel, and used when necessary; and
(g) major changes to the basic design are adequately controlled and approved before being incorporated in the finished part; and
(h) rejected materials and components are segregated and identified in such a manner as to preclude their use in the finished part; and
(i) inspection records are maintained, identified with the completed part, where practicable, and retained in the holder's file for a period of at least 2 years after the part has been completed.
(12) An APMA continues in force until cancelled.
(13) The holder of an APMA must notify CASA in writing within 10 days from the date the manufacturing facility at which the parts are manufactured is relocated or expanded to include additional facilities at other locations.
(13A) The holder of an APMA must, within 2 days after the day when any change is made to the holder's fabrication inspection system that may affect the inspection, conformation to technical data or airworthiness of a part to which the APMA relates, tell CASA in writing of the change.
(14) The holder of an APMA must determine whether each completed part conforms to the technical data for its design and is safe for installation on type certificated aircraft, aircraft engines or propellers.
(15) CASA may suspend or cancel an APMA, by written notice given to its holder, if the holder does not comply, or ceases to comply, with this Subpart.
(16) Despite subregulation (12), an APMA is not in force during any period of suspension.
(17) A notice under subregulation (15) must set out:
(a) the grounds for the suspension or cancellation; and
(b) in the case of a suspension--when the suspension stops having effect.
Source FARs section 21.303 modified.
Note: See also regulations 21.002C and 21.002E in relation to
suspension and cancellation of APMAs.