{"id":"F2005B00582","name":"CASA 328/00 - Approval under subregulation 207(2)","slug":"casa-328-00-approval-under-subregulation-207-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32030,"registerId":"commonwealth-F2005B00582-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA 328/00 - Approval under subregulation 207(2)","content":"INSTRUMENT NUMBER: CASA 328/00\n\nCIVIL AVIATION ACT 1988\n\nCIVIL AVIATION REGULATIONS 1988\n\nAPPROVAL UNDER SUBREGULATION 207 (2)\n\nI, EUGENE HOLZAPFEL, Acting 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-DTF 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\nActing Section Head, Systems\n\nCertification Standards Branch\n\n1 August 2000","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument grants a specific approval for aircraft VH‑DTF to operate with a named nasal‑cannula oxygen device under stated technical and CAO‑referenced conditions. The text is an authorisation limited to that aircraft and those conditions; it does not, on its face, expand or reduce the broader regulatory scheme beyond exercising delegated approval authority under subregulation 207(2)."},"complexity_factors":["Single, narrow approval applying only to one aircraft registration (VH‑DTF) — limits scope but requires precision.","Altitude‑dependent technical performance requirement for the named device (flow profile: 0.3 L/min at 10,000 ft, +0.1 L/min per 2,000 ft to 18,000 ft) (para (a)).","Reference to external requirements in the Civil Aviation Orders (section 108.26, paras 6.1 and 5.1.2) creates dependency on interpreting and applying those CAO provisions (para (b)).","Delegated administrative action (approval under subregulation 207(2)) — discretion exercised by a CASA delegate (instrument header and signature).","Manufacturer‑specific naming of the approved device (Oxymizer) concentrates the approval on a single product, affecting procurement and compliance choices (instrument text)."],"plain_english_summary":"What this instrument does (mechanics)\n\n- This is a delegated approval issued under subregulation 207(2) of the Civil Aviation Regulations 1988. It authorises the operation of the specific aircraft registered VH‑DTF using a named nasal‑cannula oxygen device sold as “Oxymizer”, subject to two conditions (see paragraphs (a) and (b)).\n\n- Condition (a) sets a minimum oxygen flow‑rate performance for the Oxymizer: at least 0.3 litres per minute at 10,000 feet, and then an increase of 0.1 litre per minute for every additional 2,000 feet of altitude up to 18,000 feet (para (a)).\n\n- Condition (b) requires that any other individual oxygen dispensing units carried for use in 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 be supplied in accordance with paragraph 5.1.2 of that section (para (b)).\n\nWho this affects\n\n- The operator/owner of aircraft VH‑DTF, because the approval permits that aircraft to operate with the named Oxymizer device subject to the stated conditions (instrument header and paras (a)–(b)).\n- The manufacturer/supplier of the named device (Oxymizer), who is explicitly permitted for use on this aircraft (instrument text). This produces a direct, concentrated benefit to that named product for this aircraft.\n- Crew, maintenance personnel and compliance staff for VH‑DTF, who must verify the device meets the flow‑rate requirement and ensure other required oxygen units carried comply with the cited Civil Aviation Orders paragraphs (paras (a)–(b)).\n\nWhy it matters (stated purpose and practical implications)\n\n- Stated purpose: to approve the operation of VH‑DTF with the named nasal‑cannula device when the device and any backup units meet the stated technical and CAO requirements (instrument header and paras (a)–(b)).\n\n- Practical implications: the aircraft operator can use the Oxymizer device in place of other approved oxygen delivery equipment only if the Oxymizer meets the specified altitude‑based flow performance. The operator must also provide other individual oxygen dispensing units that meet the CAO provisions referenced (para (b)).\n\nCosts, incentives and trade‑offs (source‑based analysis)\n\n- Who pays: the aircraft operator bears the cost of obtaining and maintaining the Oxymizer units and of ensuring any other required oxygen units meet the CAO requirements cited (paras (a)–(b)).\n\n- Incentives created: by naming a specific product (Oxymizer), the approval gives an immediate operational advantage for that product on VH‑DTF. That creates a concentrated benefit to the named manufacturer and an incentive for the operator to procure and use that device (instrument text). The approval does not, on its face, create a general approval for other aircraft or devices.\n\n- Trade‑offs and opportunity costs: the operator must verify and sustain the device’s altitude‑dependent flow performance and must provide additional units that satisfy the CAO provisions. Those tasks require monitoring, testing, recordkeeping and potentially purchasing multiple device types (paras (a)–(b)).\n\nImplementation and compliance risk (source‑based points)\n\n- Verification burden: demonstrating the Oxymizer meets the specified flow profile across the altitude range up to 18,000 feet will require measurement or supplier certification, and ongoing checks during maintenance/inspection cycles (para (a)).\n\n- Dependence on external rules: the approval conditions refer to paragraph 6.1 and paragraph 5.1.2 of section 108.26 of the Civil Aviation Orders; compliance therefore depends on the content and interpretation of those CAO provisions (para (b)).\n\nBureaucratic discretion and legal form\n\n- This is a single‑aircraft, delegated approval signed by a CASA delegate (Eugene Holzapfel) and dated 1 August 2000. It exercises administrative discretion under subregulation 207(2) to approve a specified device for a specified aircraft (instrument header and signature block). The approval is limited in scope to the aircraft registration named and the conditions set out.\n\nNet behavioural change (what will be different in practice)\n\n- The operator of VH‑DTF may fit and operate Oxymizer nasal‑cannula oxygen units in service where they meet the specified flow criteria. The operator must also carry and provide other oxygen units that meet the referenced CAO requirements for nose‑and‑mouth covering devices (paras (a)–(b))."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a specific administrative approval (a 'delegate's instrument') made under existing regulation 207(2). It does not alter the scope of the Civil Aviation Regulations 1988 or the Civil Aviation Act 1988. It exercises a pre-existing discretionary power to approve alternative compliance methods for a single aircraft. The scope remains exactly as intended: a narrow, specific exemption for one aircraft's oxygen equipment configuration."},"complexity_factors":["Single, specific approval applying to one aircraft only (VH-DTF)","Only two substantive conditions, both clearly stated","No defined terms section — all terms are either common aviation terminology or explicitly described","No cross-references to other legislation beyond a single reference to Civil Aviation Orders section 108.26","Document is extremely short (under 200 words)","No nested exceptions or conditional logic — straightforward 'approve X subject to Y and Z' structure"],"plain_english_summary":"This is a specific approval issued by the Civil Aviation Safety Authority (CASA) allowing a particular aircraft (registration VH-DTF) to use a specific type of oxygen delivery device called an \"Oxymizer\" for passengers or crew.\n\n**What it does:**\nNormally, aviation regulations require certain types of oxygen masks that cover both nose and mouth. This document gives special permission for aircraft VH-DTF to use nasal cannulas (small tubes that sit in the nostrils) instead — but only if two conditions are met:\n\n* **Flow rate requirement:** The Oxymizer units must deliver at least 0.3 litres of oxygen per minute at 10,000 feet altitude, with the flow increasing 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 set out in the Civil Aviation Orders, and these must be available as required by those same rules.\n\n**Who it affects:**\nThis approval applies only to the specific aircraft with registration VH-DTF. It does not create a general rule for all aircraft — it's a one-off exemption for this particular plane.\n\n**Why it matters:**\nThis type of approval allows aircraft operators to use newer or alternative equipment that might be more comfortable or practical (nasal cannulas are less bulky than full masks), while ensuring safety is maintained through strict technical conditions and backup requirements."}},"importantCases":[],"_links":{"self":"/api/acts/casa-328-00-approval-under-subregulation-207-2","history":"/api/acts/casa-328-00-approval-under-subregulation-207-2/history","analysis":"/api/acts/casa-328-00-approval-under-subregulation-207-2/analysis","conflicts":"/api/acts/casa-328-00-approval-under-subregulation-207-2/conflicts","importantCases":"/api/acts/casa-328-00-approval-under-subregulation-207-2/important-cases","documents":"/api/acts/casa-328-00-approval-under-subregulation-207-2/documents"}}