{"id":"F2005B00661","name":"CASA 226/99 - Approval under subregulation 207(2)","slug":"casa-226-99-approval-under-subregulation-207-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32135,"registerId":"commonwealth-F2005B00661-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA 226/99 - Approval under subregulation 207(2)","content":"INSTRUMENT NUMBER: CASA 226/99\n\nCIVIL AVIATION ACT 1988\n\nCIVIL AVIATION REGULATIONS 1988\n\nAPPROVAL UNDER SUBREGULATION 207 (2)\n\nI, DAVID ALAN VILLIERS, Acting General Manager, 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-CYK 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 3 litre per minute at 10,000 feet altitude, increasing by .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 D.A. Villiers\\]\n\nDavid Alan Villiers\n\nActing General Manager\n\nAirworthiness\n\n18 May 1999","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not broaden or narrow the underlying regulations generally; it grants a single, conditional approval for aircraft VH-CYK to use a specific nasal-cannula oxygen device (Oxymizer) under the cited technical conditions. It operates within the existing regulatory framework (approval under subregulation 207(2)) and relies on cross-references to section 108.26 of the Civil Aviation Orders for other unit requirements."},"complexity_factors":["Narrow, aircraft-specific approval reduces breadth but requires precise technical compliance (flow-rate schedule in condition (a)).","Cross-reference to external Civil Aviation Orders (paragraph 6.1 and paragraph 5.1.2 of section 108.26) creates dependency on materials not reproduced in the instrument.","Regulatory discretion is exercised at the delegate level for a single-case approval, requiring understanding of delegated authority under subregulation 207(2).","Operational verification and record-keeping requirements are implicit (ensuring flow rates and CAO compliance), adding practical compliance steps for the operator."],"plain_english_summary":"What this instrument does (mechanically)\n\n- This is an approval issued under subregulation 207(2) of the Civil Aviation Regulations 1988 that permits the specific aircraft with registration VH-CYK to operate using a nasal-cannula type individual oxygen dispensing unit sold under the name “Oxymizer” (authority: approval under subregulation 207(2)).\n\n- The approval is conditional. The Oxymizer units must deliver at least 0.3 litres per minute at 10,000 feet, with the flow rate increased by 0.1 litres per minute for every additional 2,000 feet up to 18,000 feet (condition (a)).\n\n- Any other individual oxygen dispensing units carried for the aircraft that are designed to cover the nose and mouth must comply with paragraph 6.1 of section 108.26 of the Civil Aviation Orders and must be provided in accordance with paragraph 5.1.2 of that section (condition (b)).\n\nWho is affected\n\n- The immediate, concentrated beneficiary is the operator/owner of the aircraft VH-CYK, who is authorised to use Oxymizer nasal-cannula units under the stated conditions.\n\n- CASA (the regulator) and its delegated airworthiness staff are the decision-makers and enforcers of the approval (signed by the Acting General Manager, Airworthiness, as delegate).\n\n- Suppliers of oxygen-delivery equipment and maintenance providers may be affected indirectly because the approval changes what an individual operator may choose to procure and maintain for VH-CYK.\n\nWhy it matters (purpose-claim and practical implications)\n\n- The instrument’s explicit effect is to permit a particular alternative type of individual oxygen unit (Oxymizer) on one registered aircraft, subject to specified flow-rate performance and continued compliance of other oxygen units with existing Civil Aviation Orders. The text itself does not state an explicit policy justification beyond granting approval.\n\n- Mechanically, this changes the operator’s allowable equipment choices for VH-CYK (it authorises a nasal-cannula device rather than requiring only devices that cover nose and mouth), and it imposes a measurable technical performance requirement (flow rates by altitude) that must be met and verified (condition (a)).\n\nCosts, incentives and trade-offs (mechanisms, not verdicts)\n\n- Who pays: The operator/owner of VH-CYK bears the direct costs of acquiring, installing, testing and maintaining Oxymizer units that meet the flow-rate specification, and of ensuring any alternative nose-and-mouth units meet the cited Civil Aviation Orders (condition (b)).\n\n- Incentives: The approval creates an incentive for the operator to procure Oxymizer units for VH-CYK if those units are attractive on cost, convenience or weight. Equipment suppliers that produce compliant nasal-cannula systems may gain a customer; suppliers of other types of masks remain eligible if they meet the CAO requirements cited (condition (b)).\n\n- Compliance burden and verification: The operator must ensure the Oxymizer units actually deliver the required flows at specified altitudes and must ensure other carried dispensing units comply with the referenced CAO paragraphs. This requires technical verification, record-keeping and likely maintenance procedures to demonstrate ongoing compliance (conditions (a) and (b)).\n\n- Bureaucratic discretion and precedent: The approval is granted by a CASA delegate in a single-instrument form and is explicitly tied to one aircraft registration. That indicates a case-by-case exercise of delegated discretion (signature and instrument format). Similar approvals for other aircraft would require separate action unless covered elsewhere in the regulations.\n\n- Opportunity costs and implementation risk: Resources spent by the operator on demonstrating and maintaining compliance (equipment purchase, testing, paperwork) are not available for other investments. CASA must allocate oversight resources to monitor compliance with the technical flow-rate and CAO cross-references.\n\nEffects on private enterprise and market choices\n\n- Procurement and competition: The approval changes the operator’s available procurement choices for VH-CYK (enabling purchase of Oxymizer units). This can shift demand toward suppliers of nasal-cannula style units that can meet the flow specifications, while suppliers of nose-and-mouth units must continue to meet CAO standards to be used (condition (b)).\n\n- Contract freedom and operations: The operator retains freedom to choose compliant equipment for VH-CYK within the conditions set by the instrument. The instrument does not alter contracting rules directly; it changes the set of technically permitted equipment choices for that aircraft.\n\nSummary statement of limits and mechanics\n\n- The approval is narrow: it applies to a single registered aircraft (VH-CYK) and only while the specified technical and cross-referenced CAO conditions are met. Enforcement and ongoing compliance rest with the operator and CASA as regulator (conditions (a) and (b); instrument signed by the CASA delegate)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a discrete, one-off administrative approval (a 'delegate's instrument') made under existing regulations. It has no scope beyond the specific approval granted for this single aircraft and device combination. The original intent was to grant a specific exemption, and that is exactly what it does."},"complexity_factors":["Single, specific approval applying to one aircraft only (VH-CYK)","Only two operational conditions with straightforward technical specifications","No defined terms section","Minimal cross-referencing (only to Civil Aviation Orders section 108.26)","Clear, unambiguous language with no nested conditions or exceptions"],"plain_english_summary":"This is a specific approval from the Civil Aviation Safety Authority (CASA) allowing a particular aircraft (registration VH-CYK) to use a specific type of oxygen delivery device called an \"Oxymizer\" for passengers or crew who need supplemental oxygen.\n\n**What it does:**\n- Permits the use of nasal cannula oxygen units (small tubes that sit in the nose) instead of the usual face masks that cover nose and mouth\n- Sets minimum oxygen flow rates that must increase as the aircraft flies higher (from 10,000 feet up to 18,000 feet)\n- Requires that traditional face-mask style oxygen units must still be available on board as backup\n\n**Who it affects:**\n- The operator of aircraft VH-CYK\n- Passengers and crew using oxygen on this specific aircraft\n\n**Why it matters:**\nNasal cannulas are generally more comfortable than full face masks, but they don't deliver oxygen as efficiently at altitude. This approval allows the aircraft to use the more comfortable devices while ensuring safety through strict flow rate requirements and mandatory backup equipment. It's a tailored exemption from standard aviation safety rules for one specific aircraft."}},"importantCases":[],"_links":{"self":"/api/acts/casa-226-99-approval-under-subregulation-207-2","history":"/api/acts/casa-226-99-approval-under-subregulation-207-2/history","analysis":"/api/acts/casa-226-99-approval-under-subregulation-207-2/analysis","conflicts":"/api/acts/casa-226-99-approval-under-subregulation-207-2/conflicts","importantCases":"/api/acts/casa-226-99-approval-under-subregulation-207-2/important-cases","documents":"/api/acts/casa-226-99-approval-under-subregulation-207-2/documents"}}