{"id":"F2005B00962","name":"CASA 502/98 - Approval under subregulation 207(2)","slug":"casa-502-98-approval-under-subregulation-207-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32371,"registerId":"commonwealth-F2005B00962-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA 502/98 - Approval under subregulation 207(2)","content":"INSTRUMENT NUMBER: CASA 502/98\n\nCIVIL AVIATION ACT 1988\n\nCIVIL AVIATION REGULATIONS 1988\n\nAPPROVAL UNDER SUBREGULATION 207 (2)\n\nI, EUGENE HOLZAPFEL, Acting General Manager, 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‑AOV 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\nActing General Manager\n\nAirworthiness\n\n30th December 1998","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument changes the operational permissions for a specific aircraft (registration VH‑AOV) by authorising the use of Oxymizer nasal‑cannula individual oxygen units under specified conditions. It therefore alters the baseline operational scope for that aircraft by creating a permissions carve‑out contingent on meeting the flow‑rate schedule in condition (a) and the Civil Aviation Orders requirements referenced in condition (b). The change is narrowly scoped to the named aircraft and does not itself amend the underlying regulations or Civil Aviation Orders."},"complexity_factors":["Narrow, aircraft‑specific approval (applies only to VH‑AOV) which reduces breadth but requires attention to a specific registration.","Dependence on external normative text: condition (b) requires compliance with paragraph 6.1 and paragraph 5.1.2 of section 108.26 of the Civil Aviation Orders (cross‑reference increases practical complexity).","Technical specification: a graduated flow‑rate requirement (0.3 L/min at 10,000 ft, +0.1 L/min per 2,000 ft up to 18,000 ft) requires verification or documentation of equipment performance.","Delegated decision‑making under subregulation 207(2) — understanding legal authority and record‑keeping for delegate actions is necessary.","Limited textual length but reliance on external standards for substantive compliance details."],"plain_english_summary":"What this instrument does (mechanically)\n\n- The Civil Aviation Safety Authority (CASA), through a delegate, formally permits the aircraft with registration VH‑AOV to operate using a specific type of nasal‑cannula individual oxygen unit sold as “Oxymizer”. This permission is granted under subregulation 207(2) of the Civil Aviation Regulations 1988 and is conditional. (See instrument header and signature.)\n\n- The permission is subject to two conditions set out in the instrument:\n  - (a) The Oxymizer units must provide at least 0.3 litres per minute of flow at 10,000 feet, and that flow must increase by 0.1 litres per minute for every 2,000 feet above that altitude up to 18,000 feet. (See condition (a).)\n  - (b) Any other individual oxygen dispensing units carried that are designed to cover the nose and mouth must meet paragraph 6.1 of section 108.26 of the Civil Aviation Orders and must be provided in accordance with paragraph 5.1.2 of that section. (See condition (b).)\n\nWho makes this decision\n\n- The approval was signed by Eugene Holzapfel, Acting General Manager, Airworthiness Branch, CASA, acting as a delegate under subregulation 207(2). The instrument itself is the exercising of delegated regulatory power. (See signature block and authority line.)\n\nWho pays and who bears the compliance burden\n\n- The aircraft operator (the party operating VH‑AOV) must ensure the onboard oxygen equipment meets the stated technical condition for the Oxymizer and that any other nasal/mouth oxygen units meet the referenced Civil Aviation Orders. Those are direct compliance obligations on the operator. (See conditions (a) and (b).)\n\n- CASA’s role is to grant the permission; any administrative cost to CASA of making and recording the approval is implicit in the exercise of the delegate’s power (instrument header and signature). The instrument does not create a funding or charging mechanism.\n\nHow behaviour is changed\n\n- Before this approval the baseline regulatory position (not reproduced in this instrument) may not have expressly authorised this particular nasal‑cannula product for VH‑AOV; this instrument expressly allows that product subject to the stated flow‑rate and compliance conditions. Practically, the operator may install and use Oxymizer units that meet the flow‑rate schedule rather than relying solely on oxygen units that cover nose and mouth, provided the other units still meet the Civil Aviation Orders requirements. (See instrument conditions (a) and (b).)\n\nCompliance, discretion and implementation points to note\n\n- The approval is narrowly targeted to one aircraft by registration (VH‑AOV). The delegate used discretion under subregulation 207(2) to issue a site‑/aircraft‑specific approval. (See instrument header and opening line.)\n\n- The technical condition in (a) establishes a quantified flow‑rate requirement that must be met at specified altitudes; complying requires the operator to ensure the installed units achieve the stated flow performance. (See condition (a).)\n\n- Condition (b) links compliance for other types of individual oxygen dispensers to specific paragraphs of section 108.26 of the Civil Aviation Orders. The instrument therefore relies on external instrument provisions for full compliance detail; users must consult those paragraphs to confirm conformity. (See condition (b).)\n\n- The approval benefits are concentrated (they apply to the operator of VH‑AOV) and the direct costs of meeting the conditions fall on that operator in the form of equipment selection, verification and ongoing provision. CASA’s role was to grant permission under delegated authority. (See entire instrument.)\n\nWhat the instrument does not do (as written)\n\n- It does not amend the Civil Aviation Regulations or the Civil Aviation Orders themselves; it is an approval under an existing subregulation that applies to a named aircraft. It does not state broader policy changes, funding, or enforcement procedures beyond the conditional approval. (See entire instrument.)"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a standard, narrow delegated approval under regulation 207(2) of the Civil Aviation Regulations. It applies only to one specific aircraft and one specific piece of equipment. There is no indication this has expanded beyond its original purpose — it is precisely what it purports to be: a limited technical approval for alternative oxygen equipment."},"complexity_factors":["Single, specific approval applying to one aircraft only (VH-AOV)","Only two operational conditions with straightforward technical specifications","No defined terms section — all terms are standard aviation terminology","No cross-references to other legislation beyond the enabling regulation (CAR 207(2)) and one Civil Aviation Orders section","No conditional logic or exceptions — just two simple requirements","Very short document (under 200 words)"],"plain_english_summary":"This is a specific approval from the Civil Aviation Safety Authority (CASA) allowing a particular aircraft (registration VH-AOV) to use a specific type of oxygen delivery device called an \"Oxymizer\" — a nasal cannula that delivers oxygen through small tubes inserted into the nostrils.\n\n**What it does:**\n- Permits the aircraft to use \"Oxymizer\" nasal cannulas instead of traditional oxygen masks that cover the nose and mouth\n- Sets strict rules about how much oxygen these devices must deliver at different altitudes\n- Requires backup: the aircraft must still carry traditional oxygen masks that meet normal safety standards\n\n**Who it affects:**\n- The operators of aircraft VH-AOV\n- Passengers and crew using supplemental oxygen on this specific aircraft\n\n**Why it matters:**\nThis approval allows more flexible oxygen equipment on this particular aircraft while maintaining safety. Nasal cannulas are often more comfortable than full masks, but they must deliver enough oxygen — especially as altitude increases where air is thinner. The approval ensures minimum flow rates (starting at 0.3 litres per minute at 10,000 feet and increasing with altitude) and requires traditional masks as backup for safety redundancy."}},"importantCases":[],"_links":{"self":"/api/acts/casa-502-98-approval-under-subregulation-207-2","history":"/api/acts/casa-502-98-approval-under-subregulation-207-2/history","analysis":"/api/acts/casa-502-98-approval-under-subregulation-207-2/analysis","conflicts":"/api/acts/casa-502-98-approval-under-subregulation-207-2/conflicts","importantCases":"/api/acts/casa-502-98-approval-under-subregulation-207-2/important-cases","documents":"/api/acts/casa-502-98-approval-under-subregulation-207-2/documents"}}