{"id":"F2005B00674","name":"CASA 1059/99 - Approval under subregulation 207(2)","slug":"casa-1059-99-approval-under-subregulation-207-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32145,"registerId":"commonwealth-F2005B00674-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA 1059/99 - Approval under subregulation 207(2)","content":"INSTRUMENT NUMBER: CASA 1059/99\n\nCIVIL AVIATION ACT 1988\n\nCIVIL AVIATION REGULATIONS 1988\n\nAPPROVAL UNDER SUBREGULATION 207 (2)\n\nI, EUGENE HOLZAPFEL, Manager, Technical Specialists, Airworthiness Branch, CASA, a delegate of CASA, under subregulation 207 (2) of the Civil Aviation Regulations 1988 approve the operation of the aircraft bearing the nationality and registration marks VH-MCE with nasal cannula type individual oxygen dispensing units manufactured under the name “Oxymizer”, providing that:\n\n(a) the units have a flow rate of not less than 03 litre per minute at 10,000 feet altitude, increasing by 0.1 litre per minute for every 2,000 feet up to 18,000 feet altitude; and\n\n(b) other individual oxygen dispensing units for use in the aircraft, that are designed to cover the nose and mouth, meet the requirements of paragraph 6.1 of section 108.26 of the Civil Aviation Orders and are provided in accordance with paragraph 5.1.2 of that section.\n\n\\[Signed E. Holzapfel\\]\n\nEugene Holzapfel\n\nManager Technical Specialists\n\nAirworthiness\n\n18 November 1999","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument remains tightly scoped to its original purpose: granting a specific approval for a specific aircraft (VH-MCE) to use a specific oxygen device (Oxymizer) under specific conditions. There is no evidence of scope creep; it is a classic single-case delegation instrument."},"complexity_factors":["Single purpose instrument with only two operative conditions","No defined terms section — all terms are either common aviation parlance or explicitly described","Minimal cross-referencing: only references to subregulation 207(2) of the Civil Aviation Regulations 1988 and specific paragraphs of Civil Aviation Orders section 108.26","No nested exceptions or conditional logic beyond the two straightforward requirements","Extremely short: approximately 150 words of operative text","Single delegate approval with clear signature and date"],"plain_english_summary":"This is a very specific approval from the Civil Aviation Safety Authority (CASA) allowing a particular aircraft (registration VH-MCE) to use a specific type of oxygen delivery device called an \"Oxymizer\" — a nasal cannula that delivers oxygen through small tubes inserted into the nostrils.\n\n**What it does:**\nNormally, aviation rules require oxygen masks that cover both nose and mouth for safety reasons. This document grants an exception for VH-MCE to use the lighter, more comfortable nasal cannula style units instead — but only under strict conditions.\n\n**The conditions:**\n*   **Flow rate requirements:** The Oxymizer units must deliver at least 0.3 litres of oxygen per minute when flying at 10,000 feet, and this flow must increase by 0.1 litre per minute for every 2,000 feet of additional altitude up to 18,000 feet.\n*   **Backup requirement:** The aircraft must still carry traditional oxygen masks (the kind covering nose and mouth) that meet specific technical standards, as a backup safety measure.\n\n**Who it affects:**\n*   The operator of aircraft VH-MCE\n*   Pilots and passengers using oxygen on this specific aircraft\n*   CASA inspectors ensuring compliance\n\n**Why it matters:**\nThis is a tailored safety exemption. Nasal cannulas are lighter and more comfortable than full masks, but they may not deliver oxygen as reliably in all situations. CASA has balanced comfort against safety by allowing the nasal devices only with guaranteed minimum oxygen flow rates and mandatory backup masks."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument grants a narrow, conditional approval for a specified aircraft to operate with a named type of nasal-cannula oxygen device. The text provides no indication that it expands or contracts an earlier regulatory regime; it applies a specific exemption/approval to VH-MCE under the delegate’s authority in subregulation 207(2). The instrument itself does not state any change to the general scope of the Civil Aviation Regulations or Civil Aviation Orders beyond this targeted approval."},"complexity_factors":["Narrow, single-aircraft scope reduces breadth but increases specificity (instrument names registration VH-MCE).","Technical specification of oxygen flow rates varying with altitude (numeric increments across an altitude range) introduces operational monitoring and compliance requirements (condition (a)).","Cross-reference to external regulatory material (paragraph 6.1 and paragraph 5.1.2 of section 108.26 of the Civil Aviation Orders) requires users to consult other documents to confirm compliance (condition (b)).","Delegated decision-making under subregulation 207(2) concentrates discretionary authority in a named CASA delegate, creating an administrative-decision element.","Conditional approval language ('providing that' / 'are provided') creates ongoing compliance obligations for the operator rather than a one-off administrative act."],"plain_english_summary":"This is a CASA delegate’s written approval allowing the single aircraft VH‑MCE to operate with Oxymizer nasal‑cannula oxygen devices. Use is conditional: Oxymizer units must meet specified altitude‑adjusted flow rates, and any other face‑covering oxygen units must satisfy the cited Civil Aviation Orders’ requirements. The aircraft operator bears responsibility and cost for providing compliant equipment. The approval is limited to VH‑MCE."}},"importantCases":[],"_links":{"self":"/api/acts/casa-1059-99-approval-under-subregulation-207-2","history":"/api/acts/casa-1059-99-approval-under-subregulation-207-2/history","analysis":"/api/acts/casa-1059-99-approval-under-subregulation-207-2/analysis","conflicts":"/api/acts/casa-1059-99-approval-under-subregulation-207-2/conflicts","importantCases":"/api/acts/casa-1059-99-approval-under-subregulation-207-2/important-cases","documents":"/api/acts/casa-1059-99-approval-under-subregulation-207-2/documents"}}