{"id":"F2005B00910","name":"Civil Aviation Amendment Order (No. R74) 2004 - Civil Aviation Order 95.27 - Exemption from provisions of the Civil Aviation Regulations 1988 - S-70-A helicopter (12/12/2004)","slug":"civil-aviation-amendment-order-no-r74-2004-civil-aviation-order-95-27-exemption-from-provisions-of-t","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32309,"registerId":"commonwealth-F2005B00910-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Aviation Amendment Order (No. R74) 2004 - Civil Aviation Order 95.27 - Exemption from provisions of the Civil Aviation Regulations 1988 - S-70-A helicopter (12/12/2004)","content":"Civil Aviation Amendment Order\n\n(No. R74) 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. R74) 2004.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Replacement of section 95.27 of the Civil Aviation Orders\n\nSection 95.27 of the Civil Aviation Orders is omitted and a new section substituted as set out in Schedule 1.\n\nSchedule 1 Substitution of section 95.27 of the Civil Aviation Orders\n\nSECTION 95.27\n\nEXEMPTION FROM PROVISIONS OF THE CIVIL AVIATION REGULATIONS 1988 — S-70A-9 HELICOPTER\n\n1 APPLICATION\n\nThis section applies to the S-70A-9 helicopter during the period that the helicopter is undergoing production and acceptance flight testing in Australia.\n\n2 DEFINITIONS\n\nTerms used in this section shall have the following meanings:\n\nproduction test flying means flying performed on behalf of the contractor for the purpose of establishing that the helicopter meets the United Technologies Corporation requirements.\n\nacceptance test flying means flying performed on behalf of United Technologies Corporation or the RAAF for the purpose of confirming that the helicopter meets the United Technologies Corporation and RAAF requirements.\n\n3 EXEMPTION\n\n3.1 Under regulation 308 of the Civil Aviation Regulations 1988 and subject to compliance with subsection 4, the S-70A-9 helicopter is exempt from compliance with the provisions of Parts 3, 4, 5, 7, 8, 9 (other than regulation 93), 10 (other than regulation 100), 11, 14, 16, 17, 18 and 19 of those Regulations.\n\n3A LICENCE NOT REQUIRED\n\n3A.1 For the purposes of paragraph 20AB (1) (b) of the Act, a person is authorised to perform a duty essential to the operation of an aircraft to which this section applies without holding a flight crew licence if he or she complies with the conditions set out in subsection 4.\n\n4 CONDITIONS\n\n4.1 The authorisation and control of all flight testing of the S-70A-9 helicopter to the extent necessary to ensure that the helicopter is airworthy and the aircrew have appropriate ratings, medical classifications and flying experience shall be exercised by the RAAF in accordance with military standards.\n\n4.2 Prior to all test flights, DQ-AF personnel shall conduct an inspection of the helicopter to determine its compliance or otherwise with defined United Technologies Corporation/RAAF standards. DQ-AF staff shall issue a Certificate of Safety for Flight prior to all test flights.\n\n4.3 Prior to commencement of test flying, the RAAF is to ensure that all RAAF pilots conducting production or acceptance test flights are subject to the provisions of DI(AF)OPS6-10 and compliance with the provisions of DI(AF)AAP 7001.8-1.\n\n4.4 Prior to the commencement of test flying, United Technologies Corporation shall provide details required by DI(AF)AAP 700.8-1 in respect of United Technologies Corporation test pilots conducting production test flights.\n\n4.5 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":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This Order expressly omits the former section 95.27 and substitutes a new section (Schedule 1) that narrows application to S-70A-9 helicopters during production and acceptance flight testing and creates a conditional exemption regime (including a licence exemption and specified RAAF/DQ-AF responsibilities). The substitution therefore changes the operative scope of section 95.27 to the specific testing context and shifts key regulatory responsibilities to RAAF and contractor processes."},"complexity_factors":["Very narrow subject-matter: applies only to S-70A-9 helicopters during production/acceptance testing (Schedule 1, 1).","Broad regulatory carve-out: exemption from many Parts of the Civil Aviation Regulations increases legal cross-referencing (3.1).","Conditional licence exemption: authorises personnel to act without civilian flight crew licences subject to specified conditions (3A.1 and 4).","Delegation of oversight: operational control, airworthiness assurance and crew fitness are vested in the RAAF under military standards (4.1).","Prescriptive inspection requirement: DQ-AF must inspect and issue Certificates of Safety before each test flight (4.2).","Dependence on external military/contractor instruments (DI(AF)OPS6-10, DI(AF)AAP 7001.8-1, DI(AF)AAP 700.8-1 and JASAP) creates implementation dependencies and potential interpretation work (4.3–4.5).","Temporal scope: exemption exists only for the testing period, requiring tracking of status changes.","Partial retention of civilian rules: certain regulations remain applicable (see exceptions in 3.1), which complicates compliance mapping."],"plain_english_summary":"This Order replaces section 95.27 to exempt the S-70A-9 helicopter, while it is undergoing production and acceptance flight testing in Australia, from compliance with many provisions of the Civil Aviation Regulations and permits certain test duties to be performed without a civilian flight crew licence under conditions. The RAAF exercises operational control and airworthiness oversight, DQ-AF must inspect and issue Certificates of Safety for flight, the contractor must provide test-pilot details, and Joint Aviation Standards apply outside military airspace."},"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 instrument maintains its original narrow scope. It is a specific, time-limited exemption for a single aircraft type during a defined phase (production and acceptance testing). The scope has not expanded beyond this original purpose."},"complexity_factors":["Short, single-purpose instrument (only 5 substantive sections plus definitions)","Only 2 defined terms ('production test flying' and 'acceptance test flying')","Single cross-reference to regulation 308 of the Civil Aviation Regulations 1988","Clear conditional structure: exemption granted subject to compliance with subsection 4","Specific to one aircraft type (S-70A-9) and limited time period (production/acceptance testing)","Relies on external military standards (DI(AF)OPS6-10, DI(AF)AAP 7001.8-1, JASAP) rather than detailing requirements in the instrument itself"],"plain_english_summary":"This is a specific exemption for a particular military helicopter (the S-70A-9, which is the Australian version of the Black Hawk) while it's being tested during manufacturing. \n\n**What it does:**\n- Gives the S-70A-9 helicopter a broad exemption from most normal civilian aviation safety rules while it's undergoing production and acceptance flight testing in Australia.\n- Allows people to fly this helicopter without holding a standard civilian pilot's licence, provided they meet military standards instead.\n\n**Who it affects:**\n- The Royal Australian Air Force (RAAF), which oversees the testing\n- United Technologies Corporation (the manufacturer, now part of Lockheed Martin)\n- Test pilots and crew involved in production and acceptance flights\n\n**Why it matters:**\nNormally, all aircraft in Australia must follow strict civilian safety regulations (the Civil Aviation Regulations 1988). This order says that for this specific military helicopter during testing, those rules don't apply. Instead, the RAAF uses its own military standards to ensure safety. This is important because military aircraft often need different testing procedures than civilian aircraft, and the pilots may be military personnel or contractor test pilots rather than licensed civilian pilots.\n\n**Key conditions:**\n- The RAAF must control the testing and ensure airworthiness\n- Safety inspections must be done by DQ-AF personnel (Defence Quality Assurance - Air Force)\n- A Certificate of Safety for Flight must be issued before each test\n- Military pilots must follow specific Defence Instructions (DI(AF)OPS6-10 and DI(AF)AAP 7001.8-1)\n- When flying outside military airspace, they must follow Joint Aviation Standards and Procedures (JASAP)"}},"importantCases":[],"_links":{"self":"/api/acts/civil-aviation-amendment-order-no-r74-2004-civil-aviation-order-95-27-exemption-from-provisions-of-t","history":"/api/acts/civil-aviation-amendment-order-no-r74-2004-civil-aviation-order-95-27-exemption-from-provisions-of-t/history","analysis":"/api/acts/civil-aviation-amendment-order-no-r74-2004-civil-aviation-order-95-27-exemption-from-provisions-of-t/analysis","conflicts":"/api/acts/civil-aviation-amendment-order-no-r74-2004-civil-aviation-order-95-27-exemption-from-provisions-of-t/conflicts","importantCases":"/api/acts/civil-aviation-amendment-order-no-r74-2004-civil-aviation-order-95-27-exemption-from-provisions-of-t/important-cases","documents":"/api/acts/civil-aviation-amendment-order-no-r74-2004-civil-aviation-order-95-27-exemption-from-provisions-of-t/documents"}}