{"id":"F2005B00654","name":"CASA 50/99 - Approval under subregulation 207(2)","slug":"casa-50-99-approval-under-subregulation-207-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32129,"registerId":"commonwealth-F2005B00654-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA 50/99 - Approval under subregulation 207(2)","content":"INSTRUMENT NUMBER: CASA 50/99\n\nCIVIL AVIATION ACT 1988\n\nCIVIL AVIATION REGULATIONS 1988\n\nAPPROVAL UNDER SUBREGULATION 207 (2)\n\nI, EUGENE HOLZAPFEL, Manager Technical Specialists, Airworthiness 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-WSY 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 3 litre per minute at 10,000 feet altitude, increasing by .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\nManager Technical Specialists\n\nAirworthiness Branch\n\n4 March 1999","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a standard individual approval instrument under subregulation 207(2) of the Civil Aviation Regulations 1988. It has not expanded beyond its original purpose, which was always intended to allow CASA delegates to grant specific approvals for particular aircraft or operations with conditions. The scope remains tightly constrained to the specific aircraft (VH-WSY) and specific equipment (Oxymizer nasal cannula units)."},"complexity_factors":["Single purpose instrument: only approves one specific device on one specific aircraft","Only 2 operative conditions (paragraphs a and b)","Minimal cross-referencing: only references subregulation 207(2) of CAR 1988 and Civil Aviation Orders section 108.26","No defined terms section","Very short: approximately 150 words of operative text","Straightforward conditional logic: simple 'if X then Y' structure with two requirements"],"plain_english_summary":"This is a very specific approval from the Civil Aviation Safety Authority (CASA) allowing a particular aircraft (registration VH-WSY) 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 face masks that cover both nose and mouth\n- Sets strict flow rate requirements: minimum 0.3 litres per minute at 10,000 feet, increasing by 0.1 litres per minute for every 2,000 feet of altitude up to 18,000 feet\n- Requires that traditional face-mask style oxygen units must still be available on the aircraft as backup, and these must meet specific technical standards in the Civil Aviation Orders\n\n**Who it affects:**\n- The operator of aircraft VH-WSY\n- Passengers and crew on that specific aircraft who may need oxygen\n- CASA itself, as the regulator granting this exemption\n\n**Why it matters:**\nThis is an example of \"regulatory flexibility\" — CASA can approve alternative equipment if it meets safety standards. The Oxymizer device is more comfortable for users than full face masks, but CASA ensures safety by requiring specific flow rates and maintaining backup mask systems. This shows how aviation law balances innovation with safety through individual approvals."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument modifies the baseline application of the regulations for a single aircraft registration by authorising the use of a specific nasal‑cannula oxygen device (Oxymizer) subject to a defined altitude‑based flow‑rate schedule (condition (a)) and by requiring other nose‑and‑mouth oxygen units to meet specified paragraphs of section 108.26 of the Civil Aviation Orders (condition (b)). In effect, it varies the standard equipment requirement for VH‑WSY by permitting an alternative dispensing unit contingent on the stated conditions (authority: subregulation 207(2); see conditions (a) and (b))."},"complexity_factors":["Narrow, aircraft‑specific scope (applies only to VH-WSY) reduces systemic complexity.","Technical flow‑rate schedule with altitude increments (numeric specification in condition (a)).","Cross‑reference to external provisions (paragraphs 5.1.2 and 6.1 of section 108.26 of the Civil Aviation Orders) requires consulting another instrument to determine full compliance obligations.","Delegated discretionary approval (subregulation 207(2)) implies case‑by‑case regulatory decisions rather than a uniform rule.","Operational compliance tasks implied (testing, documentation, provisioning of alternate devices) but not specified in detail in this instrument."],"plain_english_summary":"What this instrument does\n\n- A CASA delegate (Manager Technical Specialists, Airworthiness Branch) used a power under subregulation 207(2) of the Civil Aviation Regulations 1988 to approve the operation of the specific aircraft registered VH-WSY while fitted with nasal‑cannula type individual oxygen dispensing units sold under the name “Oxymizer” (authority cited: subregulation 207(2)).\n\n- The approval is conditional. The Oxymizer units must supply at least 0.3 litres per minute at 10,000 feet and the flow must increase by 0.1 litres per minute for every additional 2,000 feet up to 18,000 feet (condition (a)). The approval also requires that any other individual oxygen dispensing units on the aircraft that are designed to cover the nose and mouth comply with 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 (condition (b)).\n\nWho is affected and who decides\n\n- The immediate decision-maker is the CASA delegate who signed the approval (E. Holzapfel) exercising subregulation 207(2). The operator or owner of VH-WSY must supply and maintain the authorised Oxymizer units to meet the specified flow rates and must ensure any other nose‑and‑mouth oxygen units meet the cited Civil Aviation Order provisions (conditions (a) and (b)). The manufacturer of the Oxymizer benefits from explicit authorisation for that aircraft.\n\nWhy it matters (mechanics, incentives, costs, and compliance)\n\n- Mechanically, the instrument allows a specific alternative oxygen dispensing technology (nasal cannula Oxymizer) to be used on a named aircraft subject to technical flow‑rate specifications (see condition (a)). It also keeps the existing standard requirements in play for other types of individual oxygen units by cross‑reference to the Civil Aviation Orders (see condition (b)).\n\n- Incentives: the approval gives the aircraft operator the option to adopt the Oxymizer instead of, or alongside, other approved nose‑and‑mouth units. The manufacturer gains a narrowly defined market access point for that aircraft registration.\n\n- Who pays: the operator bears the direct costs of procuring, installing, maintaining and demonstrating compliance of the Oxymizer units and of supplying any other required nose‑and‑mouth units that meet the cited Civil Aviation Order paragraphs (conditions (a) and (b)).\n\n- Compliance burden and implementation risk: the operator must ensure measured flow rates meet the altitude‑graded specification (monitoring, testing, documentation). The approval refers to requirements in the Civil Aviation Orders that are not printed in this instrument, so the operator must consult section 108.26 (paragraphs 5.1.2 and 6.1) to confirm what additional equipment or provisioning is required. Enforcement depends on CASA’s oversight and on the operator maintaining relevant evidence of compliance.\n\n- Bureaucratic discretion and scope: the instrument is a case‑specific approval issued under a delegated power (subregulation 207(2)), which means the regulator may grant similar approvals on a case‑by‑case basis subject to conditions.\n\nOperational trade‑offs and substitution effects to note\n\n- The operator faces a choice between using the Oxymizer (allowed here if it meets the flow schedule) and using other approved oxygen dispensers (which must meet the Civil Aviation Orders). That choice creates potential substitution effects in equipment, maintenance protocols and training. The instrument does not itself set out broader safety assessments or cost comparisons — it simply authorises the Oxymizer for VH‑WSY under stated conditions.\n\nReference to the instrument\n\n- Approval issued by E. Holzapfel, Manager Technical Specialists, Airworthiness Branch, dated 4 March 1999, under subregulation 207(2) of the Civil Aviation Regulations 1988; conditions are given at paragraphs (a) and (b) of the approval."}},"importantCases":[],"_links":{"self":"/api/acts/casa-50-99-approval-under-subregulation-207-2","history":"/api/acts/casa-50-99-approval-under-subregulation-207-2/history","analysis":"/api/acts/casa-50-99-approval-under-subregulation-207-2/analysis","conflicts":"/api/acts/casa-50-99-approval-under-subregulation-207-2/conflicts","importantCases":"/api/acts/casa-50-99-approval-under-subregulation-207-2/important-cases","documents":"/api/acts/casa-50-99-approval-under-subregulation-207-2/documents"}}