{"id":"F2005B00906","name":"Civil Aviation Amendment Order (No. R72) 2004 - Civil Aviation Order 95.23 - Exemption from subregulations 178(1) & (2) of the Civil Aviation Regulations 1988 - For offshore & coastal surveillance & search & rescue operations (12/12/2004)","slug":"civil-aviation-amendment-order-no-r72-2004-civil-aviation-order-95-23-exemption-from-subregulations-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32307,"registerId":"commonwealth-F2005B00906-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Aviation Amendment Order (No. R72) 2004 - Civil Aviation Order 95.23 - Exemption from subregulations 178(1) & (2) of the Civil Aviation Regulations 1988 - For offshore & coastal surveillance & search & rescue operations (12/12/2004)","content":"Civil Aviation Amendment Order\n\n(No. R72) 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. R72) 2004.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Replacement of section 95.23 of the Civil Aviation Orders\n\nSection 95.23 of the Civil Aviation Orders is omitted and a new section substituted as set out in Schedule 1.\n\nSchedule 1 Substitution of section 95.23 of the Civil Aviation Orders\n\nSECTION 95.23\n\nEXEMPTION FROM SUBREGULATIONS 178 (1) AND (2) OF THE CIVIL AVIATION REGULATIONS 1988 — FOR OFFSHORE AND COASTAL SURVEILLANCE AND SEARCH AND RESCUE OPERATIONS\n\n1 APPLICATION\n\nThis section applies to offshore and coastal surveillance and search and rescue operations conducted on behalf of Australia.\n\n2 DEFINITIONS\n\nIn this section:\n\ncoastal surveillance means littoral search and identification operations conducted up to 3 nautical miles seawards of the coast on behalf of Australia.\n\noffshore surveillance means over water search and identification operations other than coastal surveillance operations.\n\n3 EXEMPTION\n\n3.1 Under regulation 308 of the Civil Aviation Regulations 1988, CASA exempts aircraft operated on behalf of Australia in offshore and coastal surveillance and search and rescue operations from compliance with subregulations 178 (1) and (2) of the Civil Aviation Regulations 1988.\n\n4 CONDITIONS\n\n4.1 Descent below lowest safe altitude shall not be commenced unless the pilot in command has determined that neither the Australian mainland nor obstacles having a greater height than 300 feet above sea level are within an area 20 nautical miles ahead of the aircraft along track and 5 nautical miles either side of track. Subsequent operations below lowest safe altitude at night shall be conducted no closer than 5 nautical miles from the Australian mainland and all obstacles having a height greater than 300 feet above sea level. These distances shall be in addition to tolerances applied to navigation equipment and techniques used to determine the aircraft’s position before descent from lowest safe altitude.\n\n4.2 Conditions applied to night offshore surveillance operations are as follows:\n\n(a) minimum altitude shall be 600 feet, derived from the lesser reading of:\n\n(i) raft radar altimeter; and\n\n(ii) the aircraft pressure altimeter set to the lowest forecast QNH for the area;\n\n(b) the pilot in command shall be qualified for coastal surveillance operations. To conduct operations below lowest safe altitude, he shall have:\n\n(i) a minimum of 100 hours experience as pilot in command or acting in command under supervision at night; and\n\n(ii) a minimum of 10 hours experience as pilot in command or acting in command under supervision in night surveillance operations; and\n\n(iii) conducted a night surveillance operation as pilot in command or acting in command under supervision within the preceding 60 days;\n\n(c) the minimum crew for operations below lowest safe altitude at night shall consist of 2 pilots or 1 pilot and a trained radar observer;\n\n(d) no persons, other than the operating crew, shall be carried during operations below lowest safe altitude. State and Commonwealth officers whose duties require them to take part in surveillance operations are included in the operating crew of the aircraft;\n\n(e) before descent below lowest safe altitude, the pilot in command shall:\n\n(i) establish the aircraft’s position and ensure that it will remain clear of obstacles in accordance with paragraph 4.1 of this section; and\n\n(ii) complete the low flying checklist; and\n\n(iii) set the pressure altimeter to the lowest forecast QNH for the operating area;\n\n(f) for operations below 1 500 feet above sea level:\n\n(i) turns shall be limited to the lesser of 25 degrees angle of bank, rate one or radar altimeter unlock angle; and\n\n(ii) maximum rate of descent shall be 500 feet per minute; and\n\n(iii) minimum airspeed shall be 1.5 Vs for the aircraft configuration; and\n\n(iv) flap setting shall be no greater than that recommended for take‑off or manoeuvring;\n\n(g) operations below lowest safe altitude shall not be conducted unless:\n\n(i) instruments required in accordance with CAO section 20.18 Appendix IV are serviceable; and\n\n(ii) aircraft radar, radar altimeter and approved area navigation system are serviceable; and\n\n(iii) a check of the accuracy of the approved area navigation system has been performed and, if necessary, the system updated over a radionavigation aid or visual waypoint within the preceding 60 minutes; and\n\n(iv) V.M.C. exists below 2 000 feet above sea level;\n\n(h) operations below lowest safe altitude shall not be conducted or shall be discontinued immediately if:\n\n(i) any of the instruments required in accordance with CAO section 20.18 Appendix IV fail; and\n\n(ii) the aircraft radar, radar altimeter or approved area navigation system fails; and\n\n(iii) the approved area navigation system has reverted to dead reckoning since the last update waypoint or is found to exceed an 8 nautical mile tolerance at an update waypoint;\n\n(i) after visual investigation of a target, the aircraft is to initiate a climb to lowest safe altitude immediately.\n\n4.3 Conditions applied to operations in cloud below lowest safe altitude by day are:\n\n(a) the minimum descent altitude for the purpose of obtaining visual reference below cloud shall be 1 000 feet above sea level, derived from the lesser reading of:\n\n(i) the aircraft radar altimeter; and\n\n(ii) the aircraft pressure altimeter set to the lowest forecast QNH for the operating area;\n\n(b) if visual reference is not obtained at 1 000 feet above sea level, or visibility below cloud is reduced to less than 5 000 metres, an immediate climb to lowest safe altitude shall be carried out;\n\n(c) the pilot in command shall be qualified for coastal surveillance operations;\n\n    (d) for descent below lowest safe altitude and operations in cloud below 1 500 feet above sea level, the provisions of paragraphs 4.2 (d), (e), (f), (g) (i), (ii), (iii) and (h) of this subsection shall apply.\n\n4.4 Before operating below lowest safe altitude by night or in cloud by day under the provisions of this section, an operator shall include in his operations manual all procedures applicable to these operations. Approval of this operations manual supplement shall be subject to satisfactory flight checking of these procedures by officers of the CASA.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This instrument replaces the existing section 95.23 with a new text that retains the original, narrow purpose: to exempt aircraft operating on behalf of Australia for offshore/coastal surveillance and SAR from the general minimum-altitude rules, subject to specified conditions. The substitution does not, on its face, broaden the class of operations covered beyond those surveillance and SAR tasks; rather, it sets out detailed operational controls and CASA approval requirements. Absent the prior text for side‑by‑side comparison, there is no clear evidence in this replacement text that the statutory scope has been significantly expanded beyond that core purpose."},"complexity_factors":["Multiple defined terms and scope limits (coastal surveillance defined as up to 3 nautical miles; offshore surveillance defined by exclusion) (section 2)","Central exemption linked to external regulations (exempts subregs 178(1) & (2) of the Civil Aviation Regulations 1988) (section 3.1)","Numerous nested operational conditions across day/cloud and night operations (sections 4.1, 4.2, 4.3)","Detailed qualification and currency requirements for pilots, including multi-tier experience thresholds and a 60‑day recency rule (section 4.2(b))","Multiple altitude minima and thresholds (600 ft, 1,000 ft, 1,500 ft, 2,000 ft) with different measurement methods (radar altimeter vs pressure altimeter set to lowest forecast QNH) (sections 4.2(a), 4.3(a), 4.2(f), 4.2(g))","Operational equipment and navigation conditions with time and tolerance limits (approved area navigation update within 60 minutes; 8 nm tolerance at waypoint) (section 4.2(g) and 4.2(h))","Cross-reference to another CAO appendix for required instruments (CAO section 20.18 Appendix IV) (section 4.2(g)(i))","Prescriptive manoeuvre limitations (bank angle, descent rate, speed, flap setting) for operations below 1,500 ft (section 4.2(f))","Requirement for operator procedural documentation and CASA flight‑checking approval, creating administrative steps (section 4.4)"],"plain_english_summary":"**What this order does (mechanically)\n\n- Replaces Civil Aviation Order (CAO) 95.23 with a new version that exempts aircraft operating on behalf of Australia for offshore and coastal surveillance and search-and-rescue (SAR) from complying with subregulations 178(1) and 178(2) of the Civil Aviation Regulations 1988 (these subregulations impose the usual requirements about remaining at or above the \"lowest safe altitude\"). (See section 3.1.)\n\n- The exemption is conditional: aircraft may operate below the usual lowest safe altitude only if they meet detailed operational, equipment, crew and procedural requirements set out in sections 4.1–4.4. Operators must include the procedures in their operations manual and have those procedures flight-checked and approved by CASA (section 4.4).\n\nWho is affected\n\n- Government agencies and any private operators operating aircraft \"on behalf of Australia\" to carry out offshore surveillance, coastal surveillance (defined as littoral operations up to 3 nautical miles seawards) and SAR operations (sections 1 and 2).\n\n- Pilots and operators who intend to fly below the usual lowest safe altitude for these tasks: they must meet qualification, currency, equipment and checklist requirements, and accept CASA oversight (sections 4.1–4.4).\n\nWhy this matters (stated purpose and the trade-offs it creates)\n\n- The stated purpose is to allow surveillance and SAR flights to operate below the general minimum altitudes where necessary to detect, identify or assist surface targets (section 1 and section 3.1). That enables closer visual and radar investigation of targets.\n\n- The mechanical trade-offs are explicit in the conditions: the exemption lowers the altitude floor for specific missions but replaces the general safety rule with detailed compensating controls (navigation and radar requirements, strict pilot experience and recent-currency rules, crew minimums, equipment serviceability checks, restricted manoeuvre envelopes, and mandatory climb-outs after target investigation). These controls are intended to reduce the additional safety risk created by operating below normal minima (see sections 4.1, 4.2(f), 4.2(g), 4.2(i), 4.3).\n\nConcrete operational rules and who decides\n\n- Position and obstacle clearance before descent: the pilot in command must confirm no part of the Australian mainland or obstacles >300 ft ASL are within a 20 nm forward by 5 nm each side corridor ahead of the aircraft; at night, operations below lowest safe altitude must be no closer than 5 nm to the mainland or obstacles >300 ft (section 4.1).\n\n- Night operations: minimum altitude 600 ft (from the lower of radar altimeter or pressure altimeter set to lowest forecast QNH); pilot experience and recent-currency floors (100 hrs PIC night, 10 hrs PIC night surveillance, and a night surveillance as PIC within 60 days); crew minimum 2 pilots or 1 pilot plus trained radar observer; no non‑operating passengers; pre-descent checks and equipment serviceability; limits on bank, descent rate, speed and flap setting below 1,500 ft; immediate discontinuation on certain equipment failures; climb to lowest safe altitude after visual target inspection (section 4.2).\n\n- Day operations in cloud: a minimum descent altitude of 1,000 ft ASL for attempting to get visual reference below cloud, with an immediate climb if visual reference is not obtained or visibility below cloud is <5,000 m; otherwise, similar equipment, crew and procedural rules apply for descents below 1,500 ft (section 4.3).\n\n- Equipment and navigation checks: instruments listed in CAO 20.18 Appendix IV must be serviceable; aircraft radar, radar altimeter and approved area navigation must be serviceable; area navigation must be checked/updated over a radio aid or visual waypoint within the preceding 60 minutes and not exceed an 8 nm tolerance at an update waypoint; VMC (visual meteorological conditions) must exist below 2,000 ft (sections 4.2(g) and 4.2(h)).\n\nCosts, incentives and implementation burdens (mechanical implications)\n\n- Operators pay: training/currency costs for pilots to meet the experience requirements, additional crew (where two pilots or a radar observer is required), equipment purchase and maintenance (radar, radar altimeter, area navigation), navigation update discipline (within 60 minutes), and documentation and flight-check costs for CASA approval of the operations manual supplement (sections 4.2(b), 4.2(c), 4.2(g) and 4.4).\n\n- CASA decides: CASA retains approval authority for the operator's procedures and conducts flight checking before allowing operations under the exemption (section 4.4). CASA also enforces the serviceability and nav‑accuracy conditions by inspection and oversight under the Regulations.\n\n- Behavioural effect on operators: to use the exemption, operators will adopt the specified equipment, record-keeping and currency practices, limit passengers to operating crew during low‑altitude work, and restrict manoeuvres and descent profiles below specified altitudes (sections 4.2(d), 4.2(f), 4.2(e)).\n\nRisks, trade-offs and implementation notes\n\n- The exemption creates a deliberate trade-off: the ability to operate lower (which improves target identification and SAR capability) comes with increased reliance on navigation systems, radar and pilot currency. The order mitigates those risks by making those systems and skills prerequisites and by prescribing specific operational limits and immediate abort criteria (sections 4.2(g), 4.2(h), 4.2(i), 4.3).\n\n- Discretion and verification risk: CASA’s approval and the flight‑checking requirement (section 4.4) create administrative discretion and an implementation gate. Operators must demonstrate competence and procedural compliance before using the exemption.\n\n- Concentrated vs diffuse effects: the direct beneficiaries are the agencies and contractors doing surveillance and SAR (concentrated). The burdens—training, equipment maintenance and procedural compliance—fall on those operators (concentrated too), while any change in accident risk is a broader public safety concern (diffuse); the order addresses this by shifting risk-management onto equipment, qualifications and CASA oversight (sections 4.2 and 4.4).\n\nKey citations: the exemption itself is in section 3.1; detailed conditions are in sections 4.1–4.4; definitions are in section 2.\n"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a straightforward amendment order replacing section 95.23 of the Civil Aviation Orders. The scope remains tightly focused on its original purpose: creating exemptions for offshore/coastal surveillance and search and rescue operations. The conditions and limitations are directly tied to this specific operational context without significant mission creep."},"complexity_factors":["Moderate cross-referencing to external regulations (Civil Aviation Regulations 1988, specifically regulations 178 and 308, and CAO section 20.18 Appendix IV)","Nested conditional logic with multiple sub-paragraphs (e.g., paragraph 4.2 has 9 sub-paragraphs (a) through (i), with some containing further nested clauses)","Technical aviation terminology requiring domain knowledge (QNH, V.M.C., Vs, rate one turn, dead reckoning)","Multiple overlapping conditions for different operational scenarios (night operations vs. day cloud operations vs. general low flying)","Incorporation by reference of external standards (operations manual requirements, flight checking by CASA officers)","Precise numerical specifications throughout (distances in nautical miles, altitudes in feet, time periods in days/minutes, angles in degrees)"],"plain_english_summary":"This is a 2004 aviation safety order that creates special rules allowing certain aircraft to fly lower than normally permitted when conducting **offshore and coastal surveillance and search and rescue operations** on behalf of Australia (such as border protection, maritime patrol, or rescue missions).\n\n**What it does:**\nNormally, civil aviation rules (specifically regulations 178(1) and 178(2)) prohibit aircraft from flying below a \"lowest safe altitude\" — a minimum height designed to keep planes clear of terrain and obstacles. This order **exempts** surveillance and rescue aircraft from those rules, but only under strict safety conditions.\n\n**Who it affects:**\n- Aircraft operators conducting surveillance or search and rescue for Australian government purposes\n- Pilots flying these missions, who must meet specific experience requirements\n- CASA (Civil Aviation Safety Authority) officers who approve operations manuals and check flight procedures\n\n**Key conditions include:**\n- **Distance buffers:** Aircraft must stay at least 20 nautical miles ahead and 5 nautical miles either side of any terrain or obstacles over 300 feet high before descending below safe altitude\n- **Night operations:** Minimum 600 feet altitude, experienced pilots only (100+ night hours, 10+ night surveillance hours), two-person crew minimum, and strict aircraft equipment requirements\n- **Day cloud operations:** Minimum 1,000 feet when flying in cloud, with immediate climb required if visual contact isn't made\n- **Equipment checks:** Radar, altimeters, and navigation systems must be working and recently calibrated\n- **Documentation:** Operators must have CASA-approved procedures in their operations manual\n\n**Why it matters:**\nThis order balances operational necessity (surveillance and rescue often require low flying to spot targets) with safety protections. Without it, these government missions would either violate civil aviation law or be impossible to conduct effectively."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/civil-aviation-amendment-order-no-r72-2004-civil-aviation-order-95-23-exemption-from-subregulations-","history":"/api/acts/civil-aviation-amendment-order-no-r72-2004-civil-aviation-order-95-23-exemption-from-subregulations-/history","analysis":"/api/acts/civil-aviation-amendment-order-no-r72-2004-civil-aviation-order-95-23-exemption-from-subregulations-/analysis","conflicts":"/api/acts/civil-aviation-amendment-order-no-r72-2004-civil-aviation-order-95-23-exemption-from-subregulations-/conflicts","importantCases":"/api/acts/civil-aviation-amendment-order-no-r72-2004-civil-aviation-order-95-23-exemption-from-subregulations-/important-cases","documents":"/api/acts/civil-aviation-amendment-order-no-r72-2004-civil-aviation-order-95-23-exemption-from-subregulations-/documents"}}