{"id":"F2005B00903","name":"Civil Aviation Amendment Order (No. R70) 2004 - Civil Aviation Order 95.20 - Exemption from the provisions of the Civil Aviation Regulations 1988 - Operation of military (State) aircraft by civilian flight crew (12/12/2004)","slug":"civil-aviation-amendment-order-no-r70-2004-civil-aviation-order-95-20-exemption-from-the-provisions-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32305,"registerId":"commonwealth-F2005B00903-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Aviation Amendment Order (No. R70) 2004 - Civil Aviation Order 95.20 - Exemption from the provisions of the Civil Aviation Regulations 1988 - Operation of military (State) aircraft by civilian flight crew (12/12/2004)","content":"Civil Aviation Amendment Order\n\n(No. R70) 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. R70) 2004.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Replacement of section 95.20 of the Civil Aviation Orders\n\nSection 95.20 of the Civil Aviation Orders is omitted and a new section substituted as set out in Schedule 1.\n\nSchedule 1 Substitution of section 95.20 of the Civil Aviation Orders\n\nSECTION 95.20\n\nEXEMPTION FROM PROVISIONS OF THE CIVIL AVIATION REGULATIONS 1988 — OPERATION OF MILITARY (STATE) AIRCRAFT BY CIVILIAN FLIGHT CREW\n\n1 APPLICATION\n\nThis section applies to military aircraft being flown and operated by persons, other than members of the Defence Forces, holding commercial or higher category licences engaged in flight testing, search and rescue, support of aircraft development and flight test programs, and such other activities as are authorised by the appropriate military controlling authority.\n\n2 DEFINITIONS\n\nflight testing means flying performed on behalf of the contractor or military authority for the purpose of establishing that the aircraft meets all requirements of the contractor and/or military authority following manufacture or major servicing and inspection.\n\n3 EXEMPTIONS\n\n3.1 Under regulation 308 of the Civil Aviation Regulations 1988 and subject to compliance with subsection 4, military aircraft are exempt from compliance with regulations 178, 195 and 196 and the provisions of Parts 3, 4, 9 (other than regulation 93), 10 (other than regulation 100), 11 (other than regulation 148), 14, 17 (other than regulations 281 and 282), 18 and 19 of those Regulations.\n\n4 CONDITIONS\n\n4.1 Prior to all flights, a Certificate of Safety for Flight shall be issued for the military aircraft in accordance with standards defined by the military authority.\n\n4.2 The authorisation and control of flying of military aircraft shall be exercised by the appropriate military authority.\n\n4.3 Prior to the commencement of civilian pilots flying military aircraft, the contractor shall provide to the military authority such details of the pilots as the military authority requires.\n\n4.4 Flying operations conducted outside military controlled airspace shall be conducted in accordance with the provisions of Joint Aviation Standards and Procedures (JASAP).","sortOrder":0}],"analysis":{"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 95.20, which has historically provided exemptions for civilian operation of military aircraft. The 2004 version updates the specific regulatory references and conditions but does not expand the categories of activities or personnel covered beyond the established purpose of allowing contracted civilian expertise for military aviation support."},"complexity_factors":["Very short document (approximately 400 words)","Only 1 defined term ('flight testing')","Simple structure: application, definitions, exemptions, conditions","Cross-references to Civil Aviation Regulations 1988 are explicit and limited (specific regulation numbers listed rather than broad descriptive references)","No nested exceptions or conditional logic beyond the basic 'subject to compliance with subsection 4' structure","Clear, prescriptive conditions in subsection 4 without alternatives or branching requirements"],"plain_english_summary":"**What this legislation does:**\n\nThis Order creates a **limited exemption** that lets civilian pilots (not military personnel) fly military aircraft for specific purposes without having to follow all the usual civilian aviation rules.\n\n**Who it affects:**\n- **Civilian pilots** who hold commercial or higher-level licences and are contracted to do specialised work for the military\n- **Military authorities** that need outside expertise for particular tasks\n- **Defence contractors** who employ these civilian pilots\n\n**What activities are covered:**\n- Flight testing (checking aircraft after manufacture or major repairs)\n- Search and rescue operations\n- Supporting aircraft development and flight test programs\n- Other activities specifically approved by the military\n\n**What rules are waived:**\nThe exemption removes many standard Civil Aviation Regulations requirements, including rules about:\n- Aircraft equipment and instruments (Parts 3, 4)\n- Operating and flight rules (Parts 9, 10, 11)\n- Airworthiness standards (Parts 14, 17, 18, 19)\n- Pilot fatigue management and flight time limitations (regulations 178, 195, 196)\n\n**Important safeguards remain:**\nDespite the broad exemptions, civilian military flights must still:\n- Obtain a **Certificate of Safety for Flight** from the military before each flight\n- Stay under **military authority control** for authorisation and oversight\n- Provide pilot details to the military before flying\n- Follow **Joint Aviation Standards and Procedures (JASAP)** when flying outside military-controlled airspace\n\n**Why it matters:**\nThis allows the military to access specialised civilian aviation expertise (particularly for testing new or repaired aircraft) without the entire civilian regulatory framework applying. It recognises that military aircraft operations have different risk profiles and safety systems than commercial aviation, while still maintaining essential safety controls through military oversight."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument replaces the existing text of CAO 95.20 but, on its face, does not obviously expand the subject-matter beyond the original policy purpose of permitting civilian crew to operate military aircraft under specified conditions. The Order narrowly defines the activities covered, lists specific CAR provisions from which such flights are exempt, and sets four conditions that shift oversight to the military authority. Without the prior version’s text, a definitive finding that the scope has grown significantly cannot be made. Based on the content here, the substitution appears to clarify and formalise the exemption framework (who can operate, which activities are covered, what conditions apply) rather than substantially broadening it beyond that original operational purpose."},"complexity_factors":["Short, self-contained CAO replacing one section (Section 95.20) — limited length","Only one defined term in the CAO text (“flight testing”) but multiple undefined cross-references to CAR terms (e.g. commercial licences)","Extensive cross-references to the Civil Aviation Regulations 1988 (specific regulations and many Parts) — requires reading CAR to determine precise effects","Several conditional requirements (four primary conditions) that depend on standards set outside the CAO (military authority standards, JASAP)","Discretionary language: “appropriate military controlling authority” and “such other activities as are authorised” increase interpretive complexity","Exceptions embedded inside the exemption list (e.g. Part 9 except reg 93) create conditional logic — exemptions-with-exceptions","Reliance on external documents/standards (military Certificate-of-Flight standards and JASAP) adds implementation complexity","Legal basis cross-reference to regulation 308 of the CAR — users must check that provision for the scope of the power granted"],"plain_english_summary":"**What this Order changes, mechanically**\n\n- The Director of Aviation Safety replaces Civil Aviation Order (CAO) 95.20 with a new version that creates a specific regulatory pathway for civilian flight crew to operate military (State) aircraft. (See heading: SECTION 95.20 — Application, Definitions, Exemptions, Conditions.)\n\n**Who it applies to**\n\n- Civilian pilots who are not Defence Force members and who hold a commercial or higher category licence. (Section 1)\n- Contractors or other organisations that engage those pilots to fly military aircraft under certain activities listed below. \n- The appropriate military controlling authority (the military body that authorises and controls the flights).\n\n**Which activities are covered**\n\n- Flight testing (defined as post-manufacture or post-major-servicing verification flights), search and rescue, support of aircraft development and flight test programs, and any other activities authorised by the appropriate military controlling authority. (Sections 1 and 2)\n\n**What regulatory relief is granted**\n\n- Military aircraft flown by eligible civilian pilots are exempted, subject to conditions, from a long list of provisions of the Civil Aviation Regulations 1988 (CAR). Specifically, the aircraft are exempt from regulations 178, 195 and 196 and from Parts 3, 4, 9 (except reg 93), 10 (except reg 100), 11 (except reg 148), 14, 17 (except regs 281 and 282), 18 and 19 of the CAR. (Section 3)\n\n**Conditions that must be met before and during flights**\n\n- A Certificate of Safety for Flight must be issued for the aircraft in accordance with standards set by the military authority before any flight. (Condition 4.1)\n- The military authority must exercise authorisation and operational control of the flights. (Condition 4.2)\n- Before civilian pilots start flying the military aircraft, the contractor must supply pilot details requested by the military authority. (Condition 4.3)\n- Flights outside military-controlled airspace must follow the Joint Aviation Standards and Procedures (JASAP). (Condition 4.4)\n\n**Why the Order exists (stated purpose) and how it works in practice**\n\n- The Order is intended to allow civilian commercial pilots to operate State (military) aircraft for specific functions (flight testing, SAR, development support, etc.) while exempting those operations from many standard CAR requirements. That relief is conditional on military-issued safety certification, military operational control, contractor transparency about pilot identities, and adherence to JASAP outside military airspace. (Sections 1, 3, 4)\n\n**Practical effects, incentives and trade-offs (mechanisms, not judgments)**\n\n- Who pays / bears costs: Contractors and military authorities will bear the administrative and operational costs for meeting the Order’s conditions (issuing Certificates of Safety for Flight, providing and reviewing pilot details, exercising operational control, applying JASAP where needed). CASA’s direct regulatory application of the listed CAR provisions to those flights is removed, shifting some compliance and oversight activity toward the military authority.\n\n- Who decides: The appropriate military controlling authority retains discretion to authorise activities, set Certificate-of-Flight standards, control flights, and require pilot information. That authority therefore determines whether a given civilian operation is permitted and under what specific standards. (Conditions 4.1–4.3)\n\n- Behavioural changes encouraged: Civilian contractors and pilots may take on roles flying military aircraft that otherwise would have complied fully with CAR. Military authorities may rely on civilian pilots and contractors for testing, SAR, and development work. Contractors must provide pilot details and comply with military standards instead of some CAR provisions.\n\n- Safety and oversight trade-offs: The exemption reduces duplication of regulatory requirements by removing certain CAR obligations, but it substitutes military-issued Certificates of Safety for Flight and military operational control as the primary safety and oversight mechanisms. The effect depends on how military standards compare in scope and detail to the CAR provisions being waived. (Conditions 4.1–4.2)\n\n- Compliance burden and uncertainty: The Order imposes a specific compliance burden on contractors (providing pilot details) and on the military authority (issuing certificates, exercising control). It also relies on an external standard (JASAP) for flights outside military airspace, which requires contractors and pilots to consult a separate document to understand operational obligations. The phrases “appropriate military controlling authority” and “such other activities as are authorised” introduce discretion that can create variation in implementation across different military authorities.\n\n- Effects on private enterprise and markets: By allowing licensed civilian pilots to perform certain military flying tasks, the Order creates business opportunities for aviation contractors and may reduce the need for Defence to supply its own flight crews for specified tasks. The exemptions lower CAR compliance costs for those operations but replace them with conditions imposed by the military authority and the need to meet military safety certification standards.\n\n**Implementation risks and attention points**\n\n- The Order depends on military authorities to set and apply Certificate-of-Flight standards; those standards are not printed in this CAO, creating a potential gap that users must resolve by referring to military rules. (Condition 4.1)\n- The list of CAR parts and regs exempted is extensive and cross-references many regulatory areas; operators will need to map which specific regulatory obligations continue to apply (the exceptions listed in parentheses) and which do not. (Section 3)\n- JASAP is an external document referenced for flights outside military-controlled airspace; the content and enforceability of JASAP will materially affect operational compliance obligations. (Condition 4.4)\n\n**Key section references**: Application (Section 1), Definition of “flight testing” (Section 2), Exemptions (Section 3), Conditions (Section 4)."}},"importantCases":[],"_links":{"self":"/api/acts/civil-aviation-amendment-order-no-r70-2004-civil-aviation-order-95-20-exemption-from-the-provisions-","history":"/api/acts/civil-aviation-amendment-order-no-r70-2004-civil-aviation-order-95-20-exemption-from-the-provisions-/history","analysis":"/api/acts/civil-aviation-amendment-order-no-r70-2004-civil-aviation-order-95-20-exemption-from-the-provisions-/analysis","conflicts":"/api/acts/civil-aviation-amendment-order-no-r70-2004-civil-aviation-order-95-20-exemption-from-the-provisions-/conflicts","importantCases":"/api/acts/civil-aviation-amendment-order-no-r70-2004-civil-aviation-order-95-20-exemption-from-the-provisions-/important-cases","documents":"/api/acts/civil-aviation-amendment-order-no-r70-2004-civil-aviation-order-95-20-exemption-from-the-provisions-/documents"}}