{"id":"F2005B00655","name":"CASA 72/99 - Approval under subregulation 207(2)","slug":"casa-72-99-approval-under-subregulation-207-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32130,"registerId":"commonwealth-F2005B00655-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA 72/99 - Approval under subregulation 207(2)","content":"INSTRUMENT NUMBER: CASA 72/99\n\nCIVIL AVIATION ACT 1988\n\nCIVIL AVIATION REGULATIONS 1988\n\nAPPROVAL UNDER SUBREGULATION 207 (2)\n\nI, DAVID ALAN VILLIERS, 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-JGD 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 D.A. Villiers\\]\n\nDavid Alan Villiers\n\nActing General Manager\n\nAirworthiness\n\n19 March 1999","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument creates a specific approval allowing aircraft VH-JGD to operate with Oxymizer nasal-cannula oxygen units subject to defined technical conditions. Practically, it alters the permissible equipment profile for that aircraft by authorising a named alternative device (condition (a)) while also reaffirming that other nose-and-mouth units must meet the requirements of CAO section 108.26 (condition (b)). The approval therefore changes the immediate regulatory scope that applies to VH-JGD by granting a conditional exception/authorisation under subregulation 207(2)."},"complexity_factors":["Narrow, single-aircraft scope reduces breadth of application","Technical, altitude-dependent flow-rate specification (0.3 L/min at 10,000 ft, +0.1 L/min per 2,000 ft to 18,000 ft) requires measurement and verification","Cross-reference to external Civil Aviation Orders (section 108.26, paragraphs 6.1 and 5.1.2) imposes dependency on separate, potentially detailed standards","Delegated administrative discretion (approval under subregulation 207(2)) creates a procedural rather than statutory rule","Conditions combine device-specific approval with maintenance/provisioning obligations, creating both equipment and operational compliance tasks"],"plain_english_summary":"What this instrument does (mechanically)\n\n- This is an approval issued under subregulation 207(2) of the Civil Aviation Regulations 1988 that allows the aircraft with registration VH-JGD to operate while fitted with a particular type of nasal-cannula oxygen device sold as “Oxymizer”. (see opening paragraph and subregulation reference)\n- The approval is conditional. The Oxymizer units must deliver at least 0.3 litres per minute at 10,000 feet, and the delivery rate must increase by 0.1 litres per minute for every additional 2,000 feet of altitude up to 18,000 feet. (condition (a))\n- The approval also requires that any other individual oxygen delivery units carried in the aircraft that are designed to cover the nose and mouth meet the technical requirements set out in paragraph 6.1 of section 108.26 of the Civil Aviation Orders and that they be provided in accordance with paragraph 5.1.2 of that section. (condition (b))\n\nWho this affects\n\n- The operator/owner of aircraft VH-JGD: they must ensure the Oxymizer units meet the specified flow-rate profile and that any other nose-and-mouth oxygen units comply with the referenced Civil Aviation Orders provisions. (conditions (a) and (b))\n- Aircrew and passengers who use oxygen on that aircraft: the approval determines the type of oxygen-delivery device that is authorised on that specific aircraft.\n- CASA staff and delegations: the approval is exercised by a CASA delegate (the Acting General Manager, Airworthiness). The instrument itself is the delegate’s exercise of authority under subregulation 207(2). (signature block and subregulation reference)\n\nWhy it matters and how it changes behaviour\n\n- It permits a specific alternative oxygen-delivery device (Oxymizer nasal cannula) to be used on VH-JGD rather than requiring only devices that cover nose and mouth, subject to the flow-rate and compliance conditions above. This changes which equipment the operator may install and supply for in-flight oxygen use on that aircraft. (opening paragraph; conditions (a) and (b))\n\nCosts, incentives and trade-offs (mechanisms, not value judgments)\n\n- Who pays: the aircraft operator must procure, install and maintain devices that meet the approval conditions and must ensure that any other nose-and-mouth units meet the referenced Civil Aviation Orders requirements. The instrument does not allocate funding; those obligations fall to the operator by operation of the conditions. (conditions (a) and (b))\n- Compliance burden: the operator must verify that Oxymizer units deliver the specified altitude-dependent flow rates and must confirm compliance of other units with CAO section 108.26 (paragraphs 6.1 and 5.1.2). That requires technical testing, documentation, and supply of compliant devices on the aircraft. (conditions (a) and (b))\n- Decision-maker discretion: the approval is an exercise of delegated regulatory discretion by CASA (the Acting General Manager, Airworthiness) under subregulation 207(2). The instrument is narrowly framed to a single aircraft registration and to specific technical conditions. (opening paragraph and signature block)\n- Behavioural effect and possible substitution: by authorising Oxymizer use with specified flow rates, the operator can choose to fit and use those nasal-cannula units on VH-JGD instead of or alongside other nose-and-mouth oxygen units that meet the CAO requirements. The instrument specifies both the allowed alternative (Oxymizer) and the continuing standard (compliance with CAO 108.26 for other units). (conditions (a) and (b))\n\nImplementation risk and enforcement mechanism (mechanistic points)\n\n- The approval is conditional; failure to meet the flow-rate profile or to carry other required compliant units would mean the aircraft is not operating under the terms of this approval. The instrument itself does not state penalties, but the conditions create clear technical and documentary compliance points the operator must meet. (conditions (a) and (b))\n\nAdministrative details\n\n- The approval is signed by D.A. Villiers, Acting General Manager, Airworthiness, CASA, on 19 March 1999. The instrument identifies the specific aircraft by registration (VH-JGD) and references the enabling regulation (subregulation 207(2))."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a specific individual approval instrument under subregulation 207(2) of the Civil Aviation Regulations 1988. Its scope is precisely limited to approving the use of specific oxygen equipment on a single identified aircraft. There is no indication of scope creep; the instrument performs exactly the narrow administrative function it was designed for."},"complexity_factors":["Single, specific approval applying to one aircraft only (VH-JGD)","Only two operational conditions with clear numerical thresholds","No defined terms section — all terms are standard aviation terminology","No cross-references to other legislation beyond one reference to Civil Aviation Orders section 108.26","No nested exceptions or conditional logic","Document is 1 page with approximately 150 words"],"plain_english_summary":"This is a specific approval from the Civil Aviation Safety Authority (CASA) allowing a particular aircraft (registration VH-JGD) 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 these nasal cannula units instead of the standard oxygen masks that cover both nose and mouth\n- Sets strict conditions on how the units must perform at different altitudes\n\n**Who it affects:**\n- The operator of aircraft VH-JGD\n- Passengers and crew using oxygen on this specific aircraft\n\n**The conditions:**\n- **Flow rate requirement:** The units must deliver at least 0.3 litres of oxygen per minute when flying at 10,000 feet, and this must increase by 0.1 litre per minute for every 2,000 feet of additional altitude up to 18,000 feet\n- **Backup requirement:** The aircraft must still carry standard oxygen masks (the kind covering nose and mouth) that meet specific technical standards in the Civil Aviation Orders\n\n**Why it matters:**\nThis is a tailored safety exemption. Normally, aviation rules require full face-covering oxygen equipment. This approval allows a specific aircraft to use lighter, more comfortable nasal cannulas — but only if they perform well enough at altitude and the aircraft still carries proper masks as backup. It shows how aviation safety regulators can grant flexible approvals for specific equipment on specific aircraft when safety can be maintained."}},"importantCases":[],"_links":{"self":"/api/acts/casa-72-99-approval-under-subregulation-207-2","history":"/api/acts/casa-72-99-approval-under-subregulation-207-2/history","analysis":"/api/acts/casa-72-99-approval-under-subregulation-207-2/analysis","conflicts":"/api/acts/casa-72-99-approval-under-subregulation-207-2/conflicts","importantCases":"/api/acts/casa-72-99-approval-under-subregulation-207-2/important-cases","documents":"/api/acts/casa-72-99-approval-under-subregulation-207-2/documents"}}