{"id":"F2005B00918","name":"Civil Aviation Amendment Order (No. R78) 2004 - Civil Aviation Order 95.31 - Exemption from provisions of the Civil Aviation Regulations 1988 & the Civil Aviation Safety Regulations 1998 - Kaman Super Seasprite SH-2G(A) aircraft (12/12/2004)","slug":"civil-aviation-amendment-order-no-r78-2004-civil-aviation-order-95-31-exemption-from-provisions-of-t","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32315,"registerId":"commonwealth-F2005B00918-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Aviation Amendment Order (No. R78) 2004 - Civil Aviation Order 95.31 - Exemption from provisions of the Civil Aviation Regulations 1988 & the Civil Aviation Safety Regulations 1998 - Kaman Super Seasprite SH-2G(A) aircraft (12/12/2004)","content":"Civil Aviation Amendment Order\n\n(No. R78) 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. R78) 2004.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Replacement of section 95.31 of the Civil Aviation Orders\n\nSection 95.31 of the Civil Aviation Orders is omitted and a new section substituted as set out in Schedule 1.\n\nSchedule 1 Substitution of section 95.31 of the Civil Aviation Orders\n\nSECTION 95.31\n\nEXEMPTION FROM PROVISIONS OF THE CIVIL AVIATION REGULATIONS 1988 AND THE CIVIL AVIATION SAFETY REGULATIONS 1998 — KAMAN SUPER SEASPRITE SH-2G(A) AIRCRAFT\n\n1 APPLICATION\n\n1.1 This section applies to KAMAN Super Seasprite SH‑2G(A) aircraft undergoing production flight testing or acceptance 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> production flight testing means production flight testing as defined in regulation 200.010 of CASR 1998.\n\n> acceptance flight testing means acceptance flight testing as defined in regulation 200.010 of CASR 1998.\n\n> flight testing means production flight testing or acceptance flight testing.\n\n> RAN means Royal Australian Navy.\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\n> KAMAN AIC means KAMAN Aerospace International Corporation.\n\n3 CONDITIONS\n\n3.1 The authorisation and control of flight testing of KAMAN Super Seasprite SH‑2G(A) aircraft to the extent necessary to ensure that the aircraft are airworthy is to be exercised by KAMAN AIC.\n\n3.2 The authorisation and control of flight testing of KAMAN Super Seasprite SH‑2G(A) aircraft to the extent necessary to ensure that the aircrew have appropriate ratings, medical classification and flying experience must be exercised by the RAN in accordance with military standards.\n\n3.3 Before beginning flight testing, KAMAN AIC personnel must conduct an inspection of the aircraft to determine whether:\n\n(a) it complies with the design standard; and\n\n(b) it is suitable for flight testing.\n\n3.4 Before beginning flight testing, the RAN must ensure that all RAN pilots conducting tests are properly authorised to do so.\n\n3.5 Production flight testing must be conducted in accordance with:\n\n(a) the publication known as NAVAIR 01-260HCG-1 dated 1 May 1995 and issued by the United States Navy; and\n\n(b) the publication known as KAMAN Procedure KPP 6414 and issued by KAMAN AIC.\n\n3.6 Acceptance flight testing must be conducted in accordance with:\n\n(a) the publication known as ABR 5150 Naval Aviation Instructions and issued by the RAN; and\n\n(b) the Flight Manual for the KAMAN Super Seasprite SH-2G(A) aircraft known as NAP 7210-029-1-1 and issued by the RAN; and\n\n(c) the Operational Test and Evaluation Schedule for KAMAN Super Seasprite SH-2G(A) aircraft and issued by the RAN; and\n\n(d) aircraft operating limitations issued from time to time by KAMAN AIC.\n\n3.7 Flight testing 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_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":3,"scope_assessment":{"changed":false,"description":"The substituted section retains a narrowly targeted exemption for KAMAN Super Seasprite SH-2G(A) aircraft during production and acceptance flight testing. It clarifies and formalises which parties (KAMAN AIC and the RAN) control specific aspects of testing and lists the external documents that must be followed, but it does not materially broaden the class of aircraft or testing activities covered beyond the original, targeted exemption. The change is primarily one of detail and assignment of responsibilities rather than an expansion of scope."},"complexity_factors":["Short, single-purpose instrument (one substituted section).","6 defined terms in the Definitions (section 2.1).","Direct cross-reference to CASR 1998 regulation 200.010 (section 1.2).","References to multiple external technical documents (NAVAIR, KAMAN Procedure KPP 6414, ABR 5150, NAP 7210-029-1-1, Operational Test and Evaluation Schedule, JASAP) — reliance on those texts increases practical complexity.","Clear division of responsibilities (KAMAN AIC v RAN) with limited conditional logic — low internal nesting or exceptions.","No independent enforcement or auditing procedures specified, which raises implementation reliance on external actors rather than regulatory detail."],"plain_english_summary":"This Order creates a targeted exemption allowing production and acceptance flight testing of KAMAN Super Seasprite SH‑2G(A) helicopters in Australia to proceed outside the Civil Aviation Regulations when specified conditions are met. It assigns airworthiness control to KAMAN AIC and crew and operational control to the Royal Australian Navy, and requires prescribed inspections and adherence to listed military/manufacturer procedures.\n\nThe change streamlines testing for KAMAN and Defence and reduces CASA’s direct role, while concentrating safety‑oversight responsibility on KAMAN and the RAN."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This legislation maintains its original narrow scope. It was clearly intended from the outset to provide a specific exemption for a particular aircraft type (Kaman Super Seasprite SH-2G(A)) during specific testing phases, and it does exactly that without expanding into broader regulatory areas."},"complexity_factors":["Very short document (approximately 500 words)","Only 5 defined terms in the interpretation section","No nested exceptions or conditional logic beyond basic 'if-then' applicability","Single purpose legislation with straightforward structure: application, definitions, conditions","Minimal cross-referencing — only references to specific regulation numbers and external technical manuals","Clear, linear structure with no sub-delegations or administrative mechanisms"],"plain_english_summary":"This is a specific exemption order that allows a particular military helicopter—the Kaman Super Seasprite SH-2G(A)—to skip normal civilian aviation safety rules when undergoing flight testing in Australia.\n\n**What it does:**\nNormally, all aircraft in Australia must follow strict civilian safety regulations (the Civil Aviation Regulations 1988 and Civil Aviation Safety Regulations 1998). This order creates a legal exemption so that these specific military helicopters don't have to comply with those usual rules during two types of testing:\n- **Production flight testing** — checking newly built aircraft before delivery\n- **Acceptance flight testing** — checking aircraft before the Navy officially accepts them\n\n**Who it affects:**\n- **KAMAN Aerospace International Corporation** — the US manufacturer responsible for making sure the aircraft are airworthy\n- **The Royal Australian Navy (RAN)** — responsible for ensuring pilots are properly qualified under military standards\n- **Test pilots** flying these specific helicopters\n\n**Why it matters:**\nMilitary aircraft often need different safety standards than civilian planes. This order creates a legal pathway for the Navy's new helicopters to be tested in Australian airspace without needing full civilian certification. It sets up a shared responsibility system: KAMAN handles the aircraft's mechanical safety, while the Navy handles pilot qualifications. The testing must follow specific military manuals and procedures instead of civilian rules.\n\n**Key conditions:**\n- KAMAN must inspect each aircraft before testing\n- RAN pilots must be properly authorised\n- Testing must follow specific US Navy and RAN technical manuals\n- When flying outside military airspace, tests must follow joint military-civilian coordination rules (JASAP)"}},"importantCases":[],"_links":{"self":"/api/acts/civil-aviation-amendment-order-no-r78-2004-civil-aviation-order-95-31-exemption-from-provisions-of-t","history":"/api/acts/civil-aviation-amendment-order-no-r78-2004-civil-aviation-order-95-31-exemption-from-provisions-of-t/history","analysis":"/api/acts/civil-aviation-amendment-order-no-r78-2004-civil-aviation-order-95-31-exemption-from-provisions-of-t/analysis","conflicts":"/api/acts/civil-aviation-amendment-order-no-r78-2004-civil-aviation-order-95-31-exemption-from-provisions-of-t/conflicts","importantCases":"/api/acts/civil-aviation-amendment-order-no-r78-2004-civil-aviation-order-95-31-exemption-from-provisions-of-t/important-cases","documents":"/api/acts/civil-aviation-amendment-order-no-r78-2004-civil-aviation-order-95-31-exemption-from-provisions-of-t/documents"}}