{"id":"F2007L04300","name":"Civil Aviation Order 95.34 Instrument 2007","slug":"civil-aviation-order-95-34-instrument-2007","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":70576,"registerId":"commonwealth-F2007L04300-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Aviation Order 95.34 Instrument 2007","content":"I, WILLIAM BRUCE BYRON, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 200.010 of the Civil Aviation Safety Regulations 1998.\n\n\\[Signed Bruce Byron\\]\n\nBruce Byron  \nDirector of Aviation Safety and  \nChief Executive Officer\n\n12 November 2007\n\nCivil Aviation Order 95.34 Instrument 2007\n\n1 Name of instrument\n\nThis instrument is the Civil Aviation Order 95.34 Instrument 2007.\n\n2 Commencement\n\nThis instrument commences on 12 November 2007.\n\n3 Civil Aviation Order 95.34\n\nSchedule 1 makes Civil Aviation Order 95.34.\n\nSchedule 1 Civil Aviation Order 95.34\n\nNHIndustries NH90 Tactical Transport Helicopter\n\n1 Application\n\n1.1 This section applies to NHIndustries NH90 Tactical Transport Helicopter undergoing production flight testing or acceptance flight testing in Australia.\n\n1.2 For regulation 200.010 of the Civil Aviation Safety Regulations 1998 (CASR 1998), this Order sets out the conditions with which the aircraft to which this Order applies must comply in order to be exempt from compliance with the Civil Aviation Regulations 1988 and CASR 1998.\n\n  \n\n2 Definitions\n\nIn this Order:\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> ADF means the Australian Defence Force.\n\n> Australian Aerospace means Australian Aerospace Limited.\n\n3 Conditions\n\n3.1 Australian Aerospace must exercise authorisation and control of flight testing of the NHIndustries NH90 Tactical Transport Helicopter to the extent necessary to ensure that the aircraft are airworthy.\n\n3.2 The ADF must exercise the authorisation and control of the flight testing necessary to ensure that the aircrew of the NHIndustries NH90 Tactical Transport Helicopter have appropriate ratings, medical classification and flying experience to the extent necessary and in accordance with military standards.\n\n3.3 Before beginning flight testing, Australian Aerospace 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 ADF must ensure that all ADF pilots conducting tests are properly authorised to do so.\n\n3.5 Production flight testing must be conducted in accordance with the applicable publication issued by Australian Aerospace or NHIndustries.\n\n3.6 Acceptance flight testing must be conducted in accordance with:\n\n(a) the applicable publications issued by Australian Aerospace or NHIndustries; and\n\n(b) the aircraft operating limitations issued from time to time by Australian Aerospace or NHIndustries; and\n\n(c) the applicable flight manual and airworthiness directives issued by the ADF.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope. It was clearly intended from the outset to provide a specific exemption for the NH90 helicopter flight testing program, and it does exactly that without expanding into broader regulatory territory."},"complexity_factors":["Very short document (approximately 500 words)","Only 4 defined terms, all referencing external regulations or simple acronyms","No cross-references beyond the enabling regulation (CASR 200.010) and the definitions within it","Simple conditional structure: if conditions in section 3 are met, exemption applies","Single purpose instrument applying to one specific aircraft type (NH90 helicopter)","No nested exceptions or complex logical operators"],"plain_english_summary":"This Order grants a limited legal exemption allowing NHIndustries NH90 Tactical Transport Helicopters to operate outside usual Australian civilian aviation rules while undergoing production or acceptance flight testing. It applies to Australian Aerospace (as the airworthiness holder), the ADF, and test pilots, provided the aircraft are inspected, pilots authorised, and manufacturer/ADF testing and safety procedures are followed. It enables necessary military testing under controlled, alternative safety measures."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not expand or narrow its stated subject beyond the original, explicit purpose: it applies only to NHIndustries NH90 Tactical Transport Helicopters undergoing production or acceptance flight testing in Australia and sets conditions for exemption under reg 200.010. The Order’s text confines application and responsibilities to Australian Aerospace and the ADF and ties compliance to specified external publications and military standards (1.1; 3.1–3.6)."},"complexity_factors":["Very narrow, aircraft-specific scope limited to NHIndustries NH90 Tactical Transport Helicopter undergoing production or acceptance flight testing (1.1).","Creates an exemption framework under regulation 200.010 of CASR 1998, requiring cross-reference to that regulation to understand full legal effect (instrument preamble; 1.2).","Split duties between Australian Aerospace (control of flight testing and inspections) and the ADF (aircrew authorisation and standards), which requires coordination between a manufacturer/contractor and a military operator (3.1–3.4).","Relies on external technical documents issued by Australian Aerospace, NHIndustries and the ADF (applicable publications, operating limitations, flight manual and airworthiness directives), so operational compliance depends on those changing documents (3.5–3.6).","Uses open-ended phrases that create implementation discretion and variable compliance burden (e.g. 'to the extent necessary', 'issued from time to time') (3.1–3.2, 3.6(b)).","Operational requirements are concrete (pre-flight inspection, pilot authorisation) but administrative—compliance costs and recordkeeping fall to Australian Aerospace and the ADF (3.3–3.4)."],"plain_english_summary":"Sets the specific conditions under which NHIndustries NH90 Tactical Transport Helicopters undergoing production or acceptance flight testing in Australia are treated as exempt from parts of the Civil Aviation Regulations (under reg 200.010). Australian Aerospace must control and inspect the aircraft and the ADF must authorise and provide suitably qualified aircrew; both must follow manufacturer and ADF technical publications to maintain airworthiness during testing (see 1.1, 3.1–3.6)."},"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-order-95-34-instrument-2007","history":"/api/acts/civil-aviation-order-95-34-instrument-2007/history","analysis":"/api/acts/civil-aviation-order-95-34-instrument-2007/analysis","conflicts":"/api/acts/civil-aviation-order-95-34-instrument-2007/conflicts","importantCases":"/api/acts/civil-aviation-order-95-34-instrument-2007/important-cases","documents":"/api/acts/civil-aviation-order-95-34-instrument-2007/documents"}}