{"id":"F2005B00636","name":"CASA 459/00 - Approval under subregulation 207(2)","slug":"casa-459-00-approval-under-subregulation-207-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32108,"registerId":"commonwealth-F2005B00636-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA 459/00 - Approval under subregulation 207(2)","content":"INSTRUMENT NUMBER: CASA 459/00\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-FML 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\n17th October 2000","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument grants a narrowly tailored approval for the operation of one named aircraft with specified nasal-cannula oxygen equipment, subject to stated technical and incorporated CAO requirements. It does not amend the underlying regulations or broaden their statutory scope; it operates as a delegation-based, case-by-case approval tied to VH-FML and the conditions in paragraphs (a)–(b)."},"complexity_factors":["Narrow, specific scope (single aircraft registration VH-FML) reduces breadth but increases need to track applicability.","Technical flow-rate requirement with altitude increments in paragraph (a) requires technical verification rather than a simple yes/no check.","References to external material (paragraph 6.1 and paragraph 5.1.2 of section 108.26 of the Civil Aviation Orders) require consulting another instrument to confirm full compliance.","Use of delegated administrative power (subregulation 207(2)) requires understanding of the delegations framework to place the approval in administrative context.","No procedural detail on how compliance is to be demonstrated or enforced increases operational uncertainty for the operator."],"plain_english_summary":"A CASA delegate approved one specific aircraft (VH‑FML) to operate with Oxymizer nasal‑cannula oxygen units, subject to a minimum flow‑rate schedule by altitude and the requirement that any alternate nose‑and‑mouth individual oxygen units comply with specified Civil Aviation Order provisions. The approval binds the aircraft operator/crew to ensure installed devices meet those performance and CAO requirements (and bear the cost/verification); instrument CASA 459/00 is dated 17 October 2000."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a standard individual aircraft approval instrument under regulation 207(2). It has not expanded beyond its original purpose of granting a specific exemption for one aircraft to use alternative oxygen equipment."},"complexity_factors":["Single purpose instrument: only applies to one specific aircraft (VH-FML)","Only two operative conditions (paragraphs a and b)","Single cross-reference to Civil Aviation Orders section 108.26","No defined terms section","No nested exceptions or conditional logic","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-FML) 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: the devices must deliver at least 0.3 litres of oxygen per minute at 10,000 feet, with increasing flow at higher altitudes up to 18,000 feet\n- Requires backup: the aircraft must still carry traditional full face mask oxygen units that meet safety standards\n\n**Who it affects:**\n- The operator of aircraft VH-FML\n- Passengers and crew on that specific aircraft who may need oxygen\n\n**Why it matters:**\nThis is a tailored safety exemption. Normally, aviation rules require full face masks because they ensure reliable oxygen delivery. This approval recognises that nasal cannulas are lighter, more comfortable, and medically adequate for certain situations—but only if strict conditions are met and proper backup equipment is available."}},"importantCases":[],"_links":{"self":"/api/acts/casa-459-00-approval-under-subregulation-207-2","history":"/api/acts/casa-459-00-approval-under-subregulation-207-2/history","analysis":"/api/acts/casa-459-00-approval-under-subregulation-207-2/analysis","conflicts":"/api/acts/casa-459-00-approval-under-subregulation-207-2/conflicts","importantCases":"/api/acts/casa-459-00-approval-under-subregulation-207-2/important-cases","documents":"/api/acts/casa-459-00-approval-under-subregulation-207-2/documents"}}