{"id":"F2005B00563","name":"CASA 405/02 - Approval under subregulation 207(2)","slug":"casa-405-02-approval-under-subregulation-207-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31995,"registerId":"commonwealth-F2005B00563-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA 405/02 - Approval under subregulation 207(2)","content":"INSTRUMENT NUMBER: CASA 405/02\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-XMK 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\n22 July 2002","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument is a narrowly framed, aircraft‑specific approval that permits VH‑XMK to operate with Oxymizer nasal‑cannula oxygen units subject to the stated flow requirements and to referenced CAO provisions. The text does not expand or restrict scope beyond that explicit approval."},"complexity_factors":["Narrow, aircraft‑specific scope limited to VH‑XMK reduces legal breadth.","Technical conditionality: altitude‑dependent flow rates specified in condition (a).","Reference to external regulatory material (Civil Aviation Orders section 108.26 paragraphs 6.1 and 5.1.2) creates dependence on another instrument for full compliance detail.","Delegated administrative action (approval under subregulation 207(2)) creates discretionary one‑off approval rather than a general rule.","Implementation ambiguity: the instrument does not specify verification, recordkeeping, or enforcement mechanisms."],"plain_english_summary":"This CASA delegate approval lets aircraft VH‑XMK carry and use Oxymizer nasal‑cannula oxygen units, provided they meet specified altitude‑dependent flow rates and any other individual nose‑and‑mouth devices comply with the cited Civil Aviation Orders. It’s an aircraft‑specific, one‑off permission: the VH‑XMK operator must purchase, install and ensure compliance (and bear those costs), while verification and enforcement details are not set out in the instrument."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by subregulation 207(2) of the Civil Aviation Regulations 1988: granting a specific approval for a particular aircraft to use non-standard oxygen equipment. The scope remains tightly constrained to the single aircraft (VH-XMK) and specific equipment (Oxymizer nasal cannulas) described."},"complexity_factors":["Single-purpose instrument with one operative provision","Only two conditions (a) and (b), both clearly expressed","No defined terms section—relies on external references to Civil Aviation Orders and Regulations","Minimal cross-referencing (only to subregulation 207(2), Civil Aviation Orders section 108.26)","No nested exceptions or conditional logic","Length: approximately 150 words of substantive content"],"plain_english_summary":"This is a specific approval from Australia's aviation safety regulator (CASA) allowing a particular aircraft (registration VH-XMK) to use a specific type of oxygen delivery device called an \"Oxymizer\" for passengers or crew.\n\n**What it does:**\nNormally, aviation oxygen equipment must cover both nose and mouth. This approval permits the aircraft to use **nasal cannulas** (small tubes that sit in the nostrils) instead—but only under strict conditions.\n\n**Who it affects:**\n- The operator of aircraft VH-XMK\n- Passengers and crew using supplemental oxygen on this aircraft\n\n**The conditions:**\n- The Oxymizer units must deliver minimum oxygen flow rates that increase with altitude (starting at 0.3 litres/minute at 10,000 feet, rising by 0.1L/min for every 2,000 feet up to 18,000 feet)\n- The aircraft must still carry backup oxygen masks that cover nose and mouth, and these must meet specific technical standards set out in the Civil Aviation Orders\n\n**Why it matters:**\nThis is a **delegated legislative instrument**—it creates a legal exception to standard aviation safety rules for one specific aircraft. It shows how aviation law works in practice: broad regulations exist, but CASA can grant tailored approvals for specific equipment on specific planes when safety can be maintained through alternative means."}},"importantCases":[],"_links":{"self":"/api/acts/casa-405-02-approval-under-subregulation-207-2","history":"/api/acts/casa-405-02-approval-under-subregulation-207-2/history","analysis":"/api/acts/casa-405-02-approval-under-subregulation-207-2/analysis","conflicts":"/api/acts/casa-405-02-approval-under-subregulation-207-2/conflicts","importantCases":"/api/acts/casa-405-02-approval-under-subregulation-207-2/important-cases","documents":"/api/acts/casa-405-02-approval-under-subregulation-207-2/documents"}}