{"id":"F2005B00656","name":"CASA 95/99 - Approval under subregulation 207(2)","slug":"casa-95-99-approval-under-subregulation-207-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32131,"registerId":"commonwealth-F2005B00656-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA 95/99 - Approval under subregulation 207(2)","content":"INSTRUMENT NUMBER: CASA 95/99\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-WFA 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\n7 April 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 grown beyond its original purpose; it precisely matches the intended function of such instruments, which is to grant specific approvals for particular aircraft with specific conditions attached."},"complexity_factors":["Single purpose instrument: grants one specific approval for one specific aircraft","Only two operative conditions (paragraphs a and b)","Minimal cross-referencing: references only subregulation 207(2) of CAR 1988 and Civil Aviation Orders section 108.26","No defined terms section","No nested exceptions or conditional logic beyond the two straightforward requirements","Length: approximately 150 words of substantive content"],"plain_english_summary":"This is a specific approval from the Civil Aviation Safety Authority (CASA) allowing a particular aircraft (registration VH-WFA) to use a specific type of oxygen delivery device called an \"Oxymizer\" for passengers or crew who need supplemental oxygen during flight.\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 for how much oxygen these devices must deliver at different altitudes\n- Requires backup: the aircraft must still carry standard full face mask oxygen units for other uses\n\n**Who it affects:**\n- The operator of aircraft VH-WFA\n- Passengers and crew on that specific aircraft who may need oxygen\n- CASA inspectors who must ensure compliance\n\n**Why it matters:**\nNormally, aviation regulations require oxygen masks that cover both nose and mouth. This approval creates an exception for one specific aircraft to use more comfortable nasal cannulas instead, but only if they meet strict flow-rate requirements and the aircraft still carries standard masks as backup. This kind of individual approval is common in aviation where specific equipment needs tailored regulatory treatment."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The instrument alters the regulatory application for the named aircraft (VH‑WFA) by authorising the use of a nasal cannula type oxygen dispenser (Oxymizer) under defined conditions. Mechanically, it permits a device that is not the nose‑and‑mouth covering type to be used on that aircraft so long as it meets the flow‑rate schedule in clause (a), while still requiring nose‑and‑mouth units to comply with section 108.26 (clause (b)). In that sense the instrument changes the permitted equipment fitment for VH‑WFA relative to a default rule that would require only nose‑and‑mouth covering units (the change is implemented by the approval under subregulation 207(2))."},"complexity_factors":["Very narrow, single‑aircraft scope (applies only to aircraft VH‑WFA).","Simple, explicit technical prescription for oxygen flow rates (clause (a)).","Cross‑reference to external Civil Aviation Orders (section 108.26, paragraphs 6.1 and 5.1.2) creates a dependence on materials not reproduced in this instrument (clause (b)).","Decision made by a delegated CASA official under a specific subregulation (delegated administrative action)."],"plain_english_summary":"What this instrument does (mechanically)\n\n- Grants an approval, under subregulation 207(2) of the Civil Aviation Regulations 1988, for the operation of the specific aircraft bearing the nationality and registration marks VH‑WFA using a particular nasal cannula type individual oxygen dispenser marketed as “Oxymizer” (see opening paragraph).\n- Conditions the approval on two technical requirements:\n  - (a) The Oxymizer units must deliver at least 0.3 litres per minute at 10,000 feet and the flow must increase by 0.1 litres per minute for every 2,000 feet up to 18,000 feet (clause (a)).\n  - (b) Any other individual oxygen dispensing units carried for use in the aircraft 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 (clause (b)).\n\nWho is affected\n\n- The approval applies only to the aircraft identified by the registration VH‑WFA (opening paragraph). The operator of that aircraft must supply and use oxygen equipment that meets the conditions set out above.\n- The manufacturer or supplier of the Oxymizer has a commercial opportunity, because this approval permits that product’s use on VH‑WFA if it meets the specified flow rates.\n\nHow it works in practice (incentives, who pays, and compliance burden)\n\n- Who pays: The aircraft operator is responsible for obtaining and keeping onboard oxygen dispensing units that meet the stated conditions for VH‑WFA (implicit from the fact the approval is conditional on the units meeting specified standards (clauses (a) and (b))).\n- Incentives: Granting approval for the Oxymizer creates an incentive for the operator to use that nasal cannula device instead of, or alongside, nose‑and‑mouth covering units, provided the Oxymizer meets the altitude flow schedule in clause (a). The supplier of Oxymizer gains the potential benefit of being authorised for use on that aircraft.\n- Compliance burden: The operator must ensure the Oxymizer units actually meet the flow‑rate schedule at the specified altitudes (clause (a)), and must ensure any nose‑and‑mouth units comply with the referenced Civil Aviation Orders provisions (clause (b)). The instrument references external requirements (section 108.26, paragraphs 6.1 and 5.1.2), which imposes additional, cross‑referenced compliance obligations on the operator.\n\nDiscretion and decision‑making\n\n- The approval was made by a CASA delegate (David Alan Villiers, Acting General Manager, Airworthiness) exercising the power under subregulation 207(2) (opening paragraph). That indicates the decision was taken by a CASA official using delegated regulatory authority.\n\nTrade‑offs, implementation risks and substitution effects (mechanisms, not judgments)\n\n- The instrument permits use of a nasal cannula device (Oxymizer) on a named aircraft provided it meets a specified performance profile at altitude (clause (a)). This creates a substitution possibility: the operator can choose Oxymizer units instead of, or in addition to, the nose‑and‑mouth type units so long as both the Oxymizer performance condition and the referenced Civil Aviation Orders conditions are satisfied (clause (b)).\n- Implementation risk centers on demonstrating and maintaining the Oxymizer’s required flow rates at the specified altitudes (clause (a)), and on meeting whatever technical and provisioning requirements are set out in the external Civil Aviation Orders provisions referenced in clause (b). The instrument itself does not specify how compliance is to be demonstrated or enforced; it sets the conditions for lawful operation.\n\nWhy this matters (official claim and practical effect)\n\n- Officially, the instrument is an approval under subregulation 207(2) permitting a named aircraft to operate with a specific nasal cannula oxygen device if the device and any alternate devices meet the listed technical conditions. Practically, it allows that aircraft to carry and use Oxymizer devices subject to the flow‑rate and cross‑referenced Civil Aviation Orders conditions, placing the onus of compliance on the aircraft operator (opening paragraph; clauses (a) and (b)).\n\nCitation: approval text (subregulation 207(2); clauses (a) and (b)), signed by D.A. Villiers, Acting General Manager, Airworthiness, dated 7 April 1999."}},"importantCases":[],"_links":{"self":"/api/acts/casa-95-99-approval-under-subregulation-207-2","history":"/api/acts/casa-95-99-approval-under-subregulation-207-2/history","analysis":"/api/acts/casa-95-99-approval-under-subregulation-207-2/analysis","conflicts":"/api/acts/casa-95-99-approval-under-subregulation-207-2/conflicts","importantCases":"/api/acts/casa-95-99-approval-under-subregulation-207-2/important-cases","documents":"/api/acts/casa-95-99-approval-under-subregulation-207-2/documents"}}