{"id":"F2005B00908","name":"Civil Aviation Amendment Order (No. R73) 2004 - Civil Aviation Order 95.26 - Exemption from subregulations 178(1) & (2) of the Civil Aviation Regulations 1988 - For trial operations of supply dropping of search & rescue (SAR) stores at night (12/12/2004)","slug":"civil-aviation-amendment-order-no-r73-2004-civil-aviation-order-95-26-exemption-from-subregulations-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32308,"registerId":"commonwealth-F2005B00908-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Aviation Amendment Order (No. R73) 2004 - Civil Aviation Order 95.26 - Exemption from subregulations 178(1) & (2) of the Civil Aviation Regulations 1988 - For trial operations of supply dropping of search & rescue (SAR) stores at night (12/12/2004)","content":"Civil Aviation Amendment Order\n\n(No. R73) 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. R73) 2004.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Replacement of section 95.26 of the Civil Aviation Orders\n\nSection 95.26 of the Civil Aviation Orders is omitted and a new section substituted as set out in Schedule 1.\n\nSchedule 1 Substitution of section 95.26 of the Civil Aviation Orders\n\nSECTION 95.26\n\nEXEMPTION FROM SUBREGULATIONS 178 (1) AND (2) OF THE CIVIL AVIATION REGULATIONS 1988 — FOR TRIAL OPERATIONS OF SUPPLY DROPPING OF SEARCH AND RESCUE (SAR) STORES AT NIGHT\n\n1 APPLICATION\n\nThis section applies to trial operations performed on behalf of CASA by the National Safety Council of Australia (NSCA).\n\n2 EXEMPTION\n\n2.1 Under regulation 308 of the Civil Aviation Regulations 1988 and subject to compliance with subsection 3, CASA exempts aeroplanes and helicopters operated by NSCA engaged in the development of procedures for the supply dropping of SAR stores at night from compliance with subregulations 178 (3) and (4) of the Civil Aviation Regulations 1988.\n\n3 CONDITIONS\n\n3.1 Minimum altitude for trial operations shall be 500 feet AMSL.\n\n3.2 The crew shall comprise 2 pilots and those persons required to conduct the SAR stores dropping operations.\n\n3.2.1 Each pilot assigned for duty for trial operations shall be experienced in SAR stores dropping operations and:\n\n(a) hold a current Class 1 instrument rating; and\n\n(b) have a minimum of 100 hours experience as pilot in command on type; and\n\n(c) have a minimum of 100 hours experience as pilot in command at night; and\n\n(d) be specifically authorised by the NSCA Training and Checking Organisation for the task.\n\n3.3 No persons, other than those having duties which require them to take part in the trial, shall be carried in the aircraft during operations conducted in accordance with this section.\n\n3.4 The aircraft shall be equipped with:\n\n(a) an approved radio altimeter installed to meet the requirements of section 108.36, Appendix H; and\n\n(b) life rafts and life jackets sufficient for and accessible to all crew members;\n\nduring operations conducted in accordance with this section.\n\n3.5 Weather conditions during trial operations shall be V.M.C. below 2 000 feet AMSL but flight visibility shall be not less than 20 kilometres.Additionally, flight conditions shall be such that there is sufficient celestial illumination to provide a discernible true horizon.\n\n3.6 Operations under the provisions of this section shall be conducted over water and at a minimum distance of 20 nautical miles from land (including islands) or obstacles having a height greater than 300 feet above sea level.\n\n3.7 The following operating procedures and parameters shall apply:\n\n(a) before descent below lowest safe altitude, the flight crew shall:\n\n(i) complete the low flying checklist; and\n\n(ii) disengage the autopilot; and\n\n(iii) set pressure altimeters to the lowest forecast QNH in the operating area;\n\n(b) turns below the lowest safe altitude shall be limited to the lesser of 25 degrees of bank, rate 1 or the radio altimeter unlock angle;\n\n(c) for operations below 1 000 feet AMSL:\n\n(i) the target is to be in sight before descent below 1 000 feet AMSL is initiated; and\n\n(ii) maximum rate of descent shall be 500 feet per minute; and\n\n(iii) for aeroplanes, flap setting shall be not greater than that recommended for take-off or manoeuvring; and\n\n(iv) for aeroplanes, minimum speed shall be 1.5VS; and\n\n(v) for helicopters, minimum speed shall be the minimum I.F.R. speed;\n\n(d) for operations at 500 feet AMSL:\n\n(i) the altitude reference for 500 feet AMSL shall be derived from the lesser reading of the aircraft radio altimeter and the pilot’s pressure altimeter set to the lowest forecast QNH for the operating area; and\n\n(ii) visual contact with the target is to be maintained at all times;\n\n(e) the pilot manipulating the flying controls shall concentrate on accurate flying and on accurate positioning of the aircraft for dropping operations;\n\n(f) a second pilot shall be assigned to monitor the pilot flying the aircraft, in accordance with appropriate crew coordination procedures established by the operator;\n\n(g) operations below lowest safe altitude shall not be conducted or shall be discontinued if any of the instruments required in accordance with section 20.18, Appendix IV, or section 20.18, Appendix VII as applicable, or the radio altimeter, fail.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This instrument expressly substitutes a new section 95.26 that narrows the exemption to trial SAR supply‑drop operations conducted on behalf of CASA by NSCA and sets detailed conditions (crew, equipment, altitudes, visibility, geographic limits and procedures). Because it replaces the prior section 95.26, it changes scope by specifying the authorised operator and a detailed operational envelope rather than leaving broader or different terms in place."},"complexity_factors":["Targeted operator scope: applies only to trials performed on behalf of CASA by NSCA (section 1).","Operative/exemption cross‑references: exemption is issued under reg 308 and references subregulations 178(3) and (4) in the operative text but the Order heading references 178(1) & (2), creating an internal inconsistency to resolve (section 2.1 and heading).","Detailed operational parameters: minimum altitudes, altitude references, descent rates and bank limits create tightly specified flight envelopes (sections 3.1, 3.7(b)–(d)).","Crew qualification and authorisation requirements: two‑pilot crew, Class 1 instrument rating, minimum PIC hours by type and at night, plus NSCA authorisation (section 3.2.1).","Equipment and survival requirements: mandatory radio altimeter meeting Appendix H and life rafts/jackets for crew (section 3.4).","Environmental and geographic limits: VMC requirements, 20 km visibility, celestial illumination, over-water operations at least 20 NM from land/obstacles >300 ft (sections 3.5–3.6).","Procedural and failure contingencies: pre‑descent checklist, autopilot disengagement, altimeter settings, limits on instrument failures and required crew coordination (sections 3.7(a), 3.7(f)–(g))."],"plain_english_summary":"Mechanically, this Order replaces section 95.26 to allow the National Safety Council of Australia (NSCA) to conduct trial night-time supply drops of search-and-rescue (SAR) stores by aeroplane or helicopter, exempting those flights from specified subregulations when the Order’s conditions are met. CASA authorises the trials; NSCA (and its qualified crew) pays for and runs them but must follow strict equipment, crew‑qualification, altitude, visibility and area limits (see sections 2.1, 3.1–3.7)."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This legislation maintains its original narrow scope. It was created specifically to enable trial operations for nighttime SAR supply dropping by NSCA, and it does exactly that with precise limitations. There is no scope creep or expansion beyond the original purpose."},"complexity_factors":["Single purpose instrument: creates one specific exemption for one organisation for one type of operation","Clear structure: Application, Exemption, Conditions (only 7 condition clauses)","Minimal cross-referencing: references to external regulations (178(1), (2), (3), (4), 308, sections 108.36, 20.18) but no complex internal cross-references","Defined terms limited to: 'AMSL' (above mean sea level), 'V.M.C.' (visual meteorological conditions), 'QNH' (atmospheric pressure setting), 'VS' (stall speed), 'I.F.R.' (instrument flight rules)—all standard aviation abbreviations","No nested exceptions or conditional logic within conditions","Length: approximately 1.5 pages of substantive content","Straightforward compliance requirements: altitude limits, crew qualifications, equipment lists, weather minimums, and procedural steps"],"plain_english_summary":"This is a very specific aviation safety exemption that allows a particular organisation (the National Safety Council of Australia) to conduct trial runs of dropping search and rescue supplies from aircraft at night.\n\nNormally, Australian aviation rules (specifically regulations 178(1) and (2)) prohibit flying low over populated areas and dropping things from aircraft. This Order creates a temporary exemption from those rules—but only for these specific trial operations, and only under strict safety conditions.\n\n**Who this affects:**\n- The National Safety Council of Australia (NSCA)—the only organisation allowed to conduct these trials\n- Pilots working for NSCA who must meet high experience requirements (instrument ratings, night flying experience, specific authorisation)\n- CASA (Civil Aviation Safety Authority)—which is overseeing the trials\n\n**What the exemption allows:**\n- Dropping search and rescue supplies from aeroplanes and helicopters at night\n- Flying lower than normally permitted (down to 500 feet above sea level)\n- Operating over water at night for training and procedure development\n\n**The strict conditions include:**\n- **Crew requirements:** Two pilots minimum, both highly experienced with instrument ratings, 100+ hours as captain on the aircraft type, 100+ hours night flying, and specifically authorised by NSCA\n- **Equipment:** Radio altimeter and life rafts/jackets for all crew\n- **Location:** Over water only, at least 20 nautical miles from land or tall obstacles\n- **Weather:** Clear conditions (visual flight rules), at least 20km visibility, and enough moonlight/stars to see the horizon\n- **Operating limits:** Specific maximum descent rates, bank angles, speed limits, and checklist procedures\n- **Safety:** If certain instruments fail, the low-flying operation must stop immediately\n\n**Why it matters:**\nThis allows Australia to develop safe procedures for nighttime search and rescue supply drops—potentially saving lives in future emergencies—while maintaining strict safety controls during the experimental phase. It balances innovation with risk management by keeping these trials away from populated areas and requiring highly experienced crews."}},"importantCases":[],"_links":{"self":"/api/acts/civil-aviation-amendment-order-no-r73-2004-civil-aviation-order-95-26-exemption-from-subregulations-","history":"/api/acts/civil-aviation-amendment-order-no-r73-2004-civil-aviation-order-95-26-exemption-from-subregulations-/history","analysis":"/api/acts/civil-aviation-amendment-order-no-r73-2004-civil-aviation-order-95-26-exemption-from-subregulations-/analysis","conflicts":"/api/acts/civil-aviation-amendment-order-no-r73-2004-civil-aviation-order-95-26-exemption-from-subregulations-/conflicts","importantCases":"/api/acts/civil-aviation-amendment-order-no-r73-2004-civil-aviation-order-95-26-exemption-from-subregulations-/important-cases","documents":"/api/acts/civil-aviation-amendment-order-no-r73-2004-civil-aviation-order-95-26-exemption-from-subregulations-/documents"}}