{"id":"F2005B00599","name":"CASA 451/00 - Approval under subregulation 207(2)","slug":"casa-451-00-approval-under-subregulation-207-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32050,"registerId":"commonwealth-F2005B00599-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA 451/00 - Approval under subregulation 207(2)","content":"INSTRUMENT NUMBER: CASA 451/00\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-CAV 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\n13 October 2000","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument grants a specific approval under subregulation 207(2) allowing VH-CAV to operate with Oxymizer nasal cannula oxygen units subject to technical flow-rate conditions (Instrument, para (a)) and requires other individual oxygen units to meet specified Civil Aviation Orders (Instrument, para (b)). Mechanically, it authorises an aircraft-specific equipment configuration that would otherwise require regulatory permission; the approval therefore expands permitted equipment use for VH-CAV while imposing compliance obligations on the operator."},"complexity_factors":["Very narrow subject-matter: approval applies only to one aircraft (VH-CAV) and one named device (Oxymizer).","Technical specification: a numeric flow-rate schedule tied to altitude (Instrument, para (a)).","Cross-reference to external instrument: compliance depends on Civil Aviation Orders section 108.26 (Instrument, para (b)), requiring users to consult another document.","Delegated administrative action: approval issued by a CASA delegate under subregulation 207(2), introducing some discretion but limited precedent value.","Operational verification burden on operator: must demonstrate equipment meets flow-rate and CAO requirements."],"plain_english_summary":"### What this instrument does (mechanical change)\n\nThis is a narrow approval issued under subregulation 207(2) of the Civil Aviation Regulations 1988 that allows the specific aircraft registered VH-CAV to operate while fitted with a particular type of nasal-cannula oxygen device called the “Oxymizer.” The approval is conditional: (a) the Oxymizer units must provide at least 0.3 litres per minute of oxygen at 10,000 feet, with the flow rate rising by 0.1 litres per minute for every additional 2,000 feet up to 18,000 feet (Instrument, para (a)); and (b) any other individual oxygen units carried on 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 provided in accordance with paragraph 5.1.2 of that section (Instrument, para (b)). The approval is signed by a CASA delegate (E. Holzapfel). \n\n### Who it affects and who decides\n\n- Who decides: A CASA delegate (acting under subregulation 207(2)) issued this approval (signed E. Holzapfel). The legal authority cited is subregulation 207(2) of the Civil Aviation Regulations 1988.  \n- Who pays / is responsible: The aircraft operator/owner of VH-CAV is responsible for equipping the aircraft with compliant Oxymizer units and with any other required oxygen dispensing units that meet the referenced Civil Aviation Orders. The operator bears the cost of acquiring, installing, maintaining and demonstrating compliance with these devices.\n\n### Why it matters (claimed purpose and operational effect)\n\n- The instrument explicitly authorises the use of Oxymizer nasal-cannula oxygen dispensers on VH-CAV subject to technical flow-rate limits and compliance with specified Civil Aviation Orders. That is its direct legal effect (Instrument, paras (a)–(b)).\n- The stated effect is to permit this specific medical/oxygen equipment configuration on this registered aircraft where that configuration may otherwise have required a separate approval or been restricted under the Regulations.\n\n### Implementation mechanics, incentives and trade-offs\n\n- Verification and compliance: The operator must ensure units meet the stated flow-rate schedule and that other nasal/mouth-covering devices meet the cited Civil Aviation Orders (Instrument, paras (a)–(b)). This creates a verification and record-keeping task for the operator (compliance burden).  \n- Cost and supply incentives: The operator pays for compliant Oxymizer units, their installation, possible testing/calibration at relevant altitudes, and ongoing maintenance. The manufacturer of the named device gains an identified use-case for this registration, which concentrates the immediate commercial benefit on that supplier.  \n- Alternatives and substitution: The approval requires availability of other individual oxygen units that meet CAO section 108.26 requirements (Instrument, para (b)). That preserves the operator’s option to carry mask-type units compliant with the CAO, but imposes an obligation to provide them.  \n- Bureaucratic discretion and precedent: This is a delegate-issued, aircraft-specific approval under subregulation 207(2). It shows that CASA delegates may grant particular-item approvals subject to conditions; similar future approvals would likely be assessed against comparable technical criteria. The instrument does not create a general rule for other aircraft or devices — it applies to VH-CAV.  \n\n### Compliance burden and implementation risk\n\n- Compliance burden falls on the operator: confirm flow rates at specified altitudes, maintain equipment, and ensure other units meet CAO section 108.26 paragraphs cited (Instrument, paras (a)–(b)).  \n- Implementation risk: ensuring the Oxymizer performs to the specified flow-rate curve in operational conditions (pressure/altitude) and that the operator can demonstrate compliance if audited or inspected.  \n\n### Concentrated benefits, diffuse costs and other effects (mechanisms only)\n\n- Concentrated benefit: The aircraft owner/operator of VH-CAV and the named device manufacturer are the immediate recipients of the approval’s commercial and operational advantage—VH-CAV may use that device configuration (Instrument).  \n- Diffuse costs: The primary direct costs are borne by the operator (equipment, testing, maintenance). Any broader effects on passengers, competitors or market-wide practices are not described in the instrument; such effects would depend on whether other operators seek similar approvals and how regulators apply requirements in future approvals.  \n\n### Where in the instrument to look\n\n- Authority and delegate: subregulation 207(2) of the Civil Aviation Regulations 1988; signed by Eugene Holzapfel.  \n- Conditions on Oxymizer flow rates: Instrument, paragraph (a).  \n- Requirements for other individual oxygen units: Instrument, paragraph (b) referring to Civil Aviation Orders, section 108.26 (paragraphs 6.1 and 5.1.2)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a specific individual approval instrument issued under existing regulatory powers. It does not represent a change in scope from the original regulatory framework - it is precisely the type of discretionary approval that subregulation 207(2) was designed to enable. The instrument applies only to one specific aircraft (VH-CAV) and one specific device type."},"complexity_factors":["Single purpose instrument with one clear approval and two straightforward conditions","No defined terms section - relies on external references to Civil Aviation Regulations and Orders","Minimal cross-referencing (only to subregulation 207(2), Civil Aviation Orders section 108.26)","Simple conditional structure: one approval with two sub-paragraphs (a) and (b)","Technical but precise language limited to oxygen flow rates and altitude calculations","No exceptions, exemptions, or nested logic"],"plain_english_summary":"This is a specific approval from Australia's aviation safety regulator (CASA) allowing a particular aircraft (registered as VH-CAV) 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 more common full face masks that cover nose and mouth\n- Sets strict technical requirements for how much oxygen these devices must deliver at different altitudes\n- Requires that traditional 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-CAV\n- Passengers and crew who may need oxygen during flight\n- CASA itself, as the approving authority\n\n**Why it matters:**\nNasal cannulas are generally more comfortable for patients than full face masks, but they have different oxygen delivery characteristics. This approval allows a specific aircraft to use this alternative equipment while ensuring safety standards are met through minimum flow rates and backup equipment requirements."}},"importantCases":[],"_links":{"self":"/api/acts/casa-451-00-approval-under-subregulation-207-2","history":"/api/acts/casa-451-00-approval-under-subregulation-207-2/history","analysis":"/api/acts/casa-451-00-approval-under-subregulation-207-2/analysis","conflicts":"/api/acts/casa-451-00-approval-under-subregulation-207-2/conflicts","importantCases":"/api/acts/casa-451-00-approval-under-subregulation-207-2/important-cases","documents":"/api/acts/casa-451-00-approval-under-subregulation-207-2/documents"}}