{"id":"F2005B00894","name":"Civil Aviation Amendment Order (No. R64) 2004 - Civil Aviation Order 95.9 - Exemption of Australian aeroplanes from compliance with certain provisions of the Civil Aviation Regulations 1988 - Demonstration flights outside Australia (12/12/2004)","slug":"civil-aviation-amendment-order-no-r64-2004-civil-aviation-order-95-9-exemption-of-australian-aeropla","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32296,"registerId":"commonwealth-F2005B00894-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Aviation Amendment Order (No. R64) 2004 - Civil Aviation Order 95.9 - Exemption of Australian aeroplanes from compliance with certain provisions of the Civil Aviation Regulations 1988 - Demonstration flights outside Australia (12/12/2004)","content":"Civil Aviation Amendment Order\n\n(No. R64) 2004\n\nI, WILLIAM BRUCE BYRON, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under subregulation 308 (1) of the Civil Aviation Regulations 1988.\n\n\\[Signed Bruce Byron\\]\n\nBruce Byron\n\nDirector of Aviation Safety and\n\nChief Executive Officer\n\n12 December 2004\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1 Name of Order\n\nThis Order is the Civil Aviation Amendment Order (No. R64) 2004.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Replacement of section 95.9 of the Civil Aviation Orders\n\nSection 95.9 of the Civil Aviation Orders is omitted and a new section substituted as set out in Schedule 1.\n\nSchedule 1 Substitution of section 95.9 of the Civil Aviation Orders\n\nSECTION 95.9\n\nEXEMPTION OF AUSTRALIAN AEROPLANES FROM COMPLIANCE WITH CERTAIN PROVISIONS OF THE CIVIL AVIATION REGULATIONS 1988 — DEMONSTRATION FLIGHTS OUTSIDE AUSTRALIA\n\n1 DEFINITIONS\n\nIn this section, unless the contrary intention appears:\n\ndemonstration flights means flights for the purpose of demonstrating the flight and operational characteristics of the aeroplane to:\n\n(a) persons who may be regarded as prospective purchasers of such aeroplanes or persons acting on their behalf; and\n\n(b) other persons who wish to evaluate the aeroplane and who are deemed appropriate by the manufacturer or owner or a representative appointed by the manufacturer or owner for the purpose.\n\ndemonstration pilot means a pilot who is appointed by the manufacturer or owner and who holds a valid Australian commercial or higher category pilot licence and approval to conduct endorsement training on the aeroplane type or category.\n\n2 APPLICATION\n\nThis section applies to all Australian aeroplanes during the conduct of demonstration flights outside Australia when a flight crew member is not the holder of a flight crew licence, special pilot licence or certificate of validation.\n\n3 EXEMPTION\n\n3.1 Under regulation 308 of the Civil Aviation Regulations 1988 and subject to subsection 4, CASA exempts aeroplanes to which this section applies from compliance with the Civil Aviation Regulations 1988 insofar as those regulations require each member of the flight crew to hold a flight crew licence, special pilot licence or certificate of validation.\n\n4 CONDITIONS\n\n4.1 Dual control aeroplanes\n\nWhere the aeroplane is fitted with dual controls, the pilot in command shall be a demonstration pilot. Any other person who occupies a control seat and who manipulates the controls of the aircraft in flight shall hold at least a current private pilot licence (aeroplanes) granted or rendered valid by the State in which the aeroplane is flown, or shall be a qualified military pilot of that State.\n\n4.2 Single control aeroplanes\n\nWhere the aeroplane is a single place aeroplane or is not fitted with dual controls, a person other than a demonstration pilot shall not act as pilot in command unless:\n\n(a) he or she holds at least a current private pilot licence (aeroplanes) granted or rendered valid by the State in which the aeroplane is flown; or\n\n(b) he or she is a qualified military pilot of that State and has received endorsement training conducted by a demonstration pilot.\n\n4.3 Flight engineer control station\n\nA flight engineer control station may not be occupied other than by a person who is either:\n\n(a) the holder of an appropriately, endorsed Australian flight engine licence; or\n\n(b) a flight engineer qualified under the law of the State in which the flight takes place, and is directly supervised by, the holder of an appropriately endorsed Australian flight engineer licence.\n\n5 INTERNATIONAL FLIGHTS\n\n5.1 This Order does not apply to those demonstration flights if CASA requires all flight crew members for that flight to hold a flight crew licence, special pilot licence or certificate of validation.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This Order substitutes a new section 95.9 into the Civil Aviation Orders, thereby replacing the previous text. The instrument itself does not reproduce the prior version, so whether the scope of exemptions has been broadened or narrowed compared with the former section cannot be determined from this source alone."},"complexity_factors":["Cross-jurisdictional licence recognition: non‑Australian licences must be “granted or rendered valid by the State in which the aeroplane is flown,” creating verification and legal interaction issues (Conditions 4.1, 4.2).","Defined roles and thresholds: the effect depends on precise definitions of “demonstration flights” and “demonstration pilot,” which determine when the exemption applies (Definitions, 1).","Differentiated operational conditions: separate rules for dual‑control versus single‑control aeroplanes change who may manipulate controls and under what training/endorsement conditions (Conditions 4.1–4.2).","Flight engineer supervision and endorsement requirements: additional eligibility and direct‑supervision obligations for flight engineer stations introduce operational compliance steps (Condition 4.3).","CASA discretion: CASA may require full licensing for particular demonstration flights, creating case‑by‑case regulatory uncertainty (International flights 5.1).","Reference to enabling regulation: the exemption is made under regulation 308 of the Civil Aviation Regulations 1988, so its operation interacts with the wider regulatory framework (Exemption 3.1).","Compliance burden on manufacturers/owners: responsibility to appoint demonstration pilots and ensure other participants meet foreign licence/endorsement conditions."],"plain_english_summary":"This Order exempts Australian aeroplanes conducting demonstration flights outside Australia from the Civil Aviation Regulations’ requirement that every flight crew member hold an Australian flight crew licence, subject to conditions. It affects manufacturers/owners, appointed demonstration pilots, any persons who manipulate controls during the demo, and CASA, which retains the power to require licences for particular flights."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This amendment appears to maintain the original scope of Civil Aviation Order 95.9, which has historically dealt with exemptions for demonstration flights. The 2004 version replaces the previous section but retains the same fundamental purpose: allowing Australian aircraft to be demonstrated overseas without requiring all crew to hold Australian licences. The structure and conditions remain consistent with the order's original intent."},"complexity_factors":["Only 5 defined terms/sections, with straightforward conditional logic","Clear bifurcation between dual-control and single-control aircraft scenarios","Simple hierarchical structure: definitions → application → exemption → conditions → override clause","No cross-references to other legislation beyond the enabling regulation 308 and the Civil Aviation Regulations 1988","Limited exceptions (only the CASA override in section 5.1)","Short document (approximately 500 words)"],"plain_english_summary":"This legislation allows Australian aeroplanes to be flown outside Australia by people who don't normally hold Australian pilot licences — but only for specific \"demonstration flights\" where the aircraft is being shown off to potential buyers or evaluators.\n\n**What it does:**\n- **Creates an exemption** from the usual rule that every flight crew member must hold an Australian flight crew licence, special pilot licence, or certificate of validation when flying an Australian-registered aircraft overseas.\n- **Applies to demonstration flights only** — these are flights to show off an aircraft's capabilities to people who might want to buy it, or to technical evaluators approved by the manufacturer or owner.\n\n**Who it affects:**\n- **Aircraft manufacturers and owners** who want to demonstrate their planes overseas without every crew member needing full Australian certification.\n- **Demonstration pilots** — specially appointed pilots who hold Australian commercial licences and are approved to train others on that specific aircraft type.\n- **Foreign pilots** — under certain conditions, they can fly or occupy control seats even without Australian licences.\n\n**Key conditions:**\n- **Dual-control aircraft:** The pilot in charge must be a demonstration pilot. Anyone else touching the controls needs at least a private pilot licence from the country where they're flying, or must be a qualified military pilot of that country.\n- **Single-control aircraft:** Only demonstration pilots can be in charge, unless the other person has a local private licence or is a qualified military pilot who has been trained by a demonstration pilot.\n- **Flight engineers:** Must either hold an Australian flight engineer licence, or be qualified under local law and supervised by someone with an Australian licence.\n- **CASA can override:** The aviation safety authority can require full Australian licences for any specific flight if it chooses.\n\n**Why it matters:**\nThis makes it practical for Australian aircraft manufacturers to sell planes internationally. Without this exemption, every person in the cockpit during an overseas sales demo would need Australian certification — an impossible burden when showing aircraft to foreign military pilots or potential buyers who hold only their own country's licences."}},"importantCases":[],"_links":{"self":"/api/acts/civil-aviation-amendment-order-no-r64-2004-civil-aviation-order-95-9-exemption-of-australian-aeropla","history":"/api/acts/civil-aviation-amendment-order-no-r64-2004-civil-aviation-order-95-9-exemption-of-australian-aeropla/history","analysis":"/api/acts/civil-aviation-amendment-order-no-r64-2004-civil-aviation-order-95-9-exemption-of-australian-aeropla/analysis","conflicts":"/api/acts/civil-aviation-amendment-order-no-r64-2004-civil-aviation-order-95-9-exemption-of-australian-aeropla/conflicts","importantCases":"/api/acts/civil-aviation-amendment-order-no-r64-2004-civil-aviation-order-95-9-exemption-of-australian-aeropla/important-cases","documents":"/api/acts/civil-aviation-amendment-order-no-r64-2004-civil-aviation-order-95-9-exemption-of-australian-aeropla/documents"}}