{"id":"F2005B00917","name":"Civil Aviation Amendment Order (No. R77) 2004 - Civil Aviation Order 95.30 - Exemption from provisions of the Civil Aviation Regulations 1988 & the Civil Aviation Safety Regulations 1998 - British Aerospace MK 127 aircraft (12/12/2004)","slug":"civil-aviation-amendment-order-no-r77-2004-civil-aviation-order-95-30-exemption-from-provisions-of-t","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32314,"registerId":"commonwealth-F2005B00917-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Aviation Amendment Order (No. R77) 2004 - Civil Aviation Order 95.30 - Exemption from provisions of the Civil Aviation Regulations 1988 & the Civil Aviation Safety Regulations 1998 - British Aerospace MK 127 aircraft (12/12/2004)","content":"Civil Aviation Amendment Order\n\n(No. R77) 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. R77) 2004.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Replacement of section 95.30 of the Civil Aviation Orders\n\nSection 95.30 of the Civil Aviation Orders is omitted and a new section substituted as set out in Schedule 1.\n\nSchedule 1 Substitution of section 95.30 of the Civil Aviation Orders\n\nSECTION 95.30\n\nEXEMPTION FROM PROVISIONS OF THE CIVIL AVIATION REGULATIONS 1988 AND THE CIVIL AVIATION SAFETY REGULATIONS 1998 — BRITISH AEROSPACE MK 127 AIRCRAFT\n\n1 APPLICATION\n\n1.1 This section applies to BAe Hawk Mk 127 aircraft undergoing flight testing in Australia.\n\n1.2 For the purposes of regulation 200.010 of the Civil Aviation Safety Regulations 1998 (CASR 1998), this section sets out the conditions with which the aircraft to which this section applies must comply in order to be exempt from compliance with the Civil Aviation Regulations 1988 and CASR 1998.\n\n2 DEFINITIONS\n\n2.1 In this section:\n\n> BAeA means British Aerospace Australia Ltd.\n\n> flight testing means production flight testing or acceptance flight testing as defined in regulation 200.010 of CASR 1998.\n\n> RAAF means Royal Australian Air Force.\n\n> Joint Aviation Standards and Procedures (JASAP) means the standards and procedures issued under that title by Airservices Australia and the Department of Defence.\n\n3 CONDITIONS\n\n3.1 The authorisation and control of all flight testing of BAe Hawk Mk 127 aircraft to the extent necessary to ensure that the aircraft is airworthy is to be exercised by BAeA.\n\n3.2 The authorisation and control of all flight testing of BAe Hawk Mk 127 aircraft to the extent necessary to ensure that the aircrew have appropriate ratings, medical classification and flying experience must be exercised by the RAAF in accordance with the appropriate military standards.\n\n3.3 Before beginning any flight testing, BAeA personnel must conduct an inspection of the aircraft to determine:\n\n(a) its compliance with the design standard; and\n\n(b) its suitability for the flight test to be conducted.\n\n3.4 Before beginning any flight testing, the RAAF must ensure that all RAAF pilots conducting the tests are properly authorised to do so.\n\n3.5 All RAAF pilots conducting flight testing must do so in accordance with:\n\n(a) the provisions of British Aerospace publication VH 101B-44A27 5M, Flight Test Schedule, RAAF Hawk Mk 127 Aircraft; and\n\n(b) aircraft operating limitations issued from time to time by BAeA.\n\n3.6 Flight testing operations conducted outside military airspace must be conducted in accordance with the provisions of JASAP as in force from time to time.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Order replaces an earlier section 95.30 but preserves a narrowly targeted exemption for BAe Hawk Mk 127 production/acceptance flight testing. It sets procedural conditions allocating airworthiness control to BAeA and crew-authorisation control to the RAAF and ties operations outside military airspace to JASAP. There is no indication the instrument expanded the exemption beyond its original, specific purpose — it clarifies roles and conditions rather than materially broadening the class of activity or beneficiaries."},"complexity_factors":["Short, single-purpose instrument (one substituted section)","Four defined terms in the section (BAeA, flight testing, RAAF, JASAP)","Cross-reference to CASR regulation 200.010 and Civil Aviation Regulations 1988","External document references (VH 101B-44A27 and JASAP) that are incorporated by reference and may change over time","Split of oversight responsibilities between two bodies (BAeA and RAAF) with conditional duties","Limited number of conditional clauses and no nested exceptions"],"plain_english_summary":"This instrument replaces the existing order with a narrowly drawn exemption allowing BAe Hawk Mk 127 production/acceptance flight testing in Australia to be carried out under conditional, non‑standard civil‑aviation requirements. It shifts airworthiness inspection and test‑flight authorisation to BAeA and pilot authorisation to the RAAF, requires adherence to BAeA flight‑test procedures and JASAP outside military airspace, and matters because it reduces routine civil regulator oversight and ties compliance to manufacturer and military documents."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This amendment maintains the original narrow scope of Civil Aviation Order 95.30, which has historically provided exemptions for specific military aircraft types during flight testing. The order replaces the previous section 95.30 but continues to serve the same purpose: creating tailored exemption conditions for defence aircraft that would be impractical to regulate under standard civilian rules. The scope remains tightly confined to the BAe Hawk Mk 127 and does not expand to other aircraft types or operational contexts."},"complexity_factors":["Only 4 defined terms in the interpretation section (BAeA, flight testing, RAAF, JASAP)","Single-purpose legislation: applies only to one specific aircraft type (BAe Hawk Mk 127)","Clear conditional structure with numbered sections and straightforward requirements","Minimal cross-referencing—only references to regulation 200.010 of CASR 1998 and one British Aerospace publication","No nested exceptions or complex logical operators","Short document (approximately 500 words) with simple sequential conditions"],"plain_english_summary":"This is a technical aviation order that creates a **special exemption** for a specific military aircraft—the British Aerospace Hawk Mk 127—when it's being flight-tested in Australia.\n\n**What it does:**\nNormally, all aircraft in Australia must follow strict civilian aviation safety rules (the Civil Aviation Regulations 1988 and Civil Aviation Safety Regulations 1998). This order says that **RAAF Hawk Mk 127 jets don't have to follow those usual rules** during flight testing—but only if they meet specific conditions instead.\n\n**Who it affects:**\n- **British Aerospace Australia Ltd (BAeA)** — the company that builds or maintains these aircraft\n- **Royal Australian Air Force (RAAF)** — the military pilots who test-fly the jets\n- **CASA** (Civil Aviation Safety Authority) — which oversees aviation safety but is delegating control here\n\n**The key conditions:**\n- BAeA controls whether the aircraft is airworthy (safe to fly)\n- The RAAF controls whether pilots are properly qualified and medically fit\n- Before any test flight, BAeA must inspect the aircraft for design compliance\n- RAAF pilots must be properly authorised and follow specific military flight test manuals\n- When flying outside military airspace, they must follow \"JASAP\" (Joint Aviation Standards and Procedures—a set of rules agreed between Airservices Australia and Defence)\n\n**Why it matters:**\nThis allows military aircraft testing to happen under **military standards rather than civilian ones**, while still maintaining safety. It's a practical arrangement that recognises that defence aircraft operate differently from commercial planes, but ensures there's still clear accountability—split between the manufacturer (BAeA) and the Air Force (RAAF)."},"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-r77-2004-civil-aviation-order-95-30-exemption-from-provisions-of-t","history":"/api/acts/civil-aviation-amendment-order-no-r77-2004-civil-aviation-order-95-30-exemption-from-provisions-of-t/history","analysis":"/api/acts/civil-aviation-amendment-order-no-r77-2004-civil-aviation-order-95-30-exemption-from-provisions-of-t/analysis","conflicts":"/api/acts/civil-aviation-amendment-order-no-r77-2004-civil-aviation-order-95-30-exemption-from-provisions-of-t/conflicts","importantCases":"/api/acts/civil-aviation-amendment-order-no-r77-2004-civil-aviation-order-95-30-exemption-from-provisions-of-t/important-cases","documents":"/api/acts/civil-aviation-amendment-order-no-r77-2004-civil-aviation-order-95-30-exemption-from-provisions-of-t/documents"}}