{"id":"F2005B00548","name":"CASA 229/02 - Approval under subregulation 207(2)","slug":"casa-229-02-approval-under-subregulation-207-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31977,"registerId":"commonwealth-F2005B00548-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA 229/02 - Approval under subregulation 207(2)","content":"INSTRUMENT NUMBER: CASA 229/02\n\nCIVIL AVIATION ACT 1988\n\nCIVIL AVIATION REGULATIONS 1988\n\nAPPROVAL UNDER SUBREGULATION 207 (2)\n\nI, EUGENE HOLZAPFEL, Section Head, Systems, Certification Standards 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-IRL 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\nSection Head, Systems\n\nCertification Standards Branch\n\n2 April 2002","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a specific individual approval instrument for a single aircraft (VH-IRL) and a specific piece of equipment. It has not grown beyond its original purpose; it is precisely scoped to its original intent of granting a one-off regulatory approval with conditions."},"complexity_factors":["Single purpose instrument with one clear approval and two straightforward conditions","No defined terms section — all terms are either common aviation knowledge or explicitly described","Only one cross-reference (to Civil Aviation Orders section 108.26)","No nested logic or exceptions — simple 'if X then Y' structure with two并列 conditions","Length: approximately 150 words of operative text"],"plain_english_summary":"This is a specific approval issued by the Civil Aviation Safety Authority (CASA) allowing a particular aircraft (registration VH-IRL) 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 full face masks that cover nose and mouth\n- Sets strict technical requirements for how much oxygen these units must deliver at different altitudes\n- Requires that standard face-mask style oxygen units must still be available on the aircraft as backup\n\n**Who it affects:**\n- The operator of aircraft VH-IRL\n- Passengers and crew on that specific aircraft who may need oxygen\n- CASA as the aviation safety regulator\n\n**Why it matters:**\nThis is an example of how aviation safety works in practice — CASA can grant specific approvals for alternative equipment if it meets equivalent safety standards. The \"Oxymizer\" device is more comfortable for users than full masks, but CASA ensures it still delivers enough oxygen at altitude to keep people safe. The approval includes conditions to maintain safety: minimum flow rates that increase with altitude, and the requirement that standard equipment remains available."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument grants a case-specific approval to operate aircraft VH-IRL with a named nasal-cannula oxygen device subject to stated technical conditions. It does not amend or broaden the underlying Civil Aviation Regulations; it records a delegated approval under subregulation 207(2) and ties continued operation to meeting the specified flow-rate condition and existing Civil Aviation Orders requirements (paragraphs (a) and (b)). There is no indication in the text that it changes the general regulatory scope beyond this single approval."},"complexity_factors":["Narrow, single-aircraft scope (applies only to VH-IRL) which limits breadth but requires precise application","Technical performance specification for oxygen flow that varies by altitude (measurement and verification needed) (paragraph (a))","Cross-reference to external Civil Aviation Orders (section 108.26, paras 6.1 and 5.1.2) meaning implementers must consult other instruments (paragraph (b))","Delegated, case-by-case approval mechanism (subregulation 207(2)) which requires tracking of individual approvals rather than a one-size-fits-all regulation","Absence of operational enforcement detail in the instrument — compliance relies on existing regulatory oversight mechanisms"],"plain_english_summary":"What this instrument does (mechanics)\n\n- A CASA delegate (Eugene Holzapfel) uses the power in subregulation 207(2) of the Civil Aviation Regulations 1988 to approve a specific aircraft — registration VH-IRL — to operate with a particular type of nasal-cannula oxygen device sold as “Oxymizer.” (see instrument header and signing block)\n\n- The approval is conditional. The Oxymizer units used on VH-IRL must deliver at least 0.3 litres per minute of oxygen at 10,000 feet, and the required minimum flow must increase by 0.1 litre per minute for every additional 2,000 feet of altitude up to 18,000 feet. (paragraph (a))\n\n- Any other individual oxygen units carried on the aircraft that are designed to cover both nose and mouth must meet two existing Civil Aviation Orders requirements: paragraph 6.1 of section 108.26, and they must be provided in accordance with paragraph 5.1.2 of that section. (paragraph (b))\n\nWho decides and who pays\n\n- Decision-maker: A CASA delegate exercised a regulatory approval power under subregulation 207(2) to grant a case-specific approval. The instrument itself identifies the delegate and records the approval. (instrument header and signing block)\n\n- Who pays / who must act: The aircraft operator/owner of VH-IRL is the practical party that must procure, install and maintain the Oxymizer units that meet the flow-rate conditions and ensure any other individual oxygen units satisfy the cited Civil Aviation Orders. Compliance costs — buying devices, testing or checking their altitude performance, and recordkeeping — will fall on the operator. (paragraphs (a) and (b))\n\nWhat behaviour changes as a result\n\n- The operator of VH-IRL may use the specified nasal-cannula Oxymizer units in place of whatever equipment would otherwise have been required, provided the units meet the flow-rate condition. (paragraph (a))\n\n- The operator must also ensure that any other individual oxygen units intended to cover nose and mouth comply with the specified Civil Aviation Orders provisions. That requires the operator to follow the technical requirements and provisioning rules already set out in section 108.26, rather than rely on an implicit or different standard. (paragraph (b))\n\nImplementation, compliance and discretion points (source-cited)\n\n- Verification requirement: The flow-rate performance specified at altitude (0.3 L/min at 10,000 ft, +0.1 L/min per 2,000 ft to 18,000 ft) creates a measurable technical requirement that the operator must demonstrate is met by the Oxymizer units on VH-IRL. This implies a need for testing, maintenance and records to show continued compliance. (paragraph (a))\n\n- Cross-reference to existing orders: Paragraph (b) makes compliance contingent on two provisions of Civil Aviation Orders (section 108.26, paras 6.1 and 5.1.2). Meeting those provisions is a precondition for using other individual oxygen units designed to cover nose and mouth. This ties the approval to existing regulatory detail outside the instrument itself. (paragraph (b))\n\n- Delegated, case-specific approval: The instrument is a single-aircraft approval issued by a CASA delegate under a regulation power. That indicates the regulator can grant narrow, device-specific permissions on a case-by-case basis. The instrument does not change the underlying regulation; it records an exercised discretion. (instrument header and signing block)\n\nCosts, incentives and trade-offs (procedural and practical)\n\n- Concentrated beneficiary: The immediate, concentrated beneficiary of the instrument is the operator/owner of VH-IRL, who is explicitly permitted to operate with the named device subject to the stated conditions. (instrument content)\n\n- Compliance burden on operator: The operator bears the cost of ensuring the devices meet the altitude flow specification and that other units meet the cited Civil Aviation Orders requirements. That can include purchase, testing, maintenance, and recordkeeping. (paragraphs (a) and (b))\n\n- Administrative burden on regulator: The instrument is an example of the regulator exercising individual discretion. Maintaining and reviewing such approvals requires CASA to record, monitor and potentially re-assess case-specific approvals over time. (instrument form)\n\nImplementation risks\n\n- If installed units do not deliver the specified flow at altitude, that would place the operator out of compliance with the approval conditions. The instrument does not set out audit or enforcement steps; compliance enforcement would rely on CASA’s existing oversight mechanisms under the Act and Regulations. (paragraph (a) and instrument context)\n\nSource citations: Approval under subregulation 207(2); conditions in paragraph (a) (flow rates) and paragraph (b) (cross-reference to Civil Aviation Orders section 108.26, paras 6.1 and 5.1.2); signed by delegate (E. Holzapfel)."}},"importantCases":[],"_links":{"self":"/api/acts/casa-229-02-approval-under-subregulation-207-2","history":"/api/acts/casa-229-02-approval-under-subregulation-207-2/history","analysis":"/api/acts/casa-229-02-approval-under-subregulation-207-2/analysis","conflicts":"/api/acts/casa-229-02-approval-under-subregulation-207-2/conflicts","importantCases":"/api/acts/casa-229-02-approval-under-subregulation-207-2/important-cases","documents":"/api/acts/casa-229-02-approval-under-subregulation-207-2/documents"}}