{"id":"F2008L02849","name":"Civil Aviation Order 95.57 Instrument 2008","slug":"civil-aviation-order-95-57-instrument-2008","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":74719,"registerId":"commonwealth-F2008L02849-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Aviation Order 95.57 Instrument 2008","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 August 2008\n\nCivil Aviation Order 95.57 Instrument 2008\n\n1 Name of instrument\n\nThis instrument is the Civil Aviation Order 95.57 Instrument 2008.\n\n2 Commencement\n\nThis instrument commences on the day after it is registered.\n\n3 Civil Aviation Order 95.57\n\nSchedule 1 makes Civil Aviation Order 95.57.\n\nSchedule 1 Civil Aviation Order 95.57\n\nEADS CASA Airbus A330 multi-role transport tanker\n\n1 Definitions\n\nIn this Order:\n\n> acceptance flight testing means acceptance flight testing as defined in regulation 200.010 of CASR 1998.\n\n> ADF means the Australian Defence Force.\n\n> CAR 1988 means the Civil Aviation Regulations 1988.\n\n> CASR 1998 means the Civil Aviation Safety Regulations 1998.\n\n> EADS CASA means the Spanish Branch of the European Aeronautic Defence and Space Company.\n\n> flight testing means production flight testing or acceptance flight testing.\n\n> production flight testing means production flight testing as defined in regulation 200.010 of CASR 1998.\n\n2 Application\n\n2.1 This instrument applies to the EADS CASA Airbus A330 multi-role transport tanker (the aircraft) undergoing production flight testing, or acceptance flight testing, in Australia after modification by Qantas Airways Limited, Aviation Reference Number 216147, at their facilities at Brisbane airport.\n\n2.2 For the purposes of regulation 200.010 of CASR 1998, this Order sets out the conditions with which the aircraft must comply in order to be exempt from compliance with CAR 1988 and CASR 1998.\n\n3 Conditions\n\n3.1 EADS CASA must exercise authorisation and control of flight testing of the aircraft to the extent necessary to ensure that the aircraft are airworthy.\n\n3.2 The ADF must exercise authorisation and control of the flight testing necessary to ensure that the aircrew of the aircraft 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, EADS CASA personnel must conduct an inspection of the aircraft to determine whether the aircraft:\n\n(a) complies with the design standard; and\n\n(b) 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 EADS CASA.\n\n3.6 Acceptance flight testing must be conducted in accordance with:\n\n(a) the applicable publications issued by EADS CASA; and\n\n(b) the aircraft operating limitations issued from time to time by EADS CASA; and\n\n(c) the applicable flight manual and airworthiness directives issued by the ADF.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Order does not broaden the underlying regulatory regime; it operationalises regulation 200.010 by specifying conditions under which a named aircraft is exempt from CAR 1988 and CASR 1998 while undergoing flight testing. It limits application to a single modified aircraft and sets roles and documentary requirements for EADS CASA and the ADF (see s2.1 and s3.1–s3.6)."},"complexity_factors":["Very narrow, aircraft‑specific scope (applies only to the EADS CASA Airbus A330 MRTT modified by Qantas at Brisbane) (s2.1).","Creates an exemption mechanism from CAR 1988 and CASR 1998 by operation of reg 200.010; interaction with baseline regulations adds legal cross‑reference complexity (Instrument preamble; s2, s3).","Division of responsibilities between a manufacturer/agent (EADS CASA) and a defence force (ADF) requires inter‑party coordination and clear handoffs (s3.1–s3.2, s3.4).","Operational duties tied to external documents: production and acceptance flight testing must follow EADS CASA publications, aircraft operating limitations and ADF flight manuals/airworthiness directives—these external references create ongoing compliance dependencies (s3.5–s3.6).","Pre‑flight obligations impose discrete compliance burdens: EADS CASA must inspect for design compliance and suitability before testing (s3.3); the ADF must ensure pilot authorisation (s3.4).","Terminology relies on definitions and provisions in other instruments (CASR 1998 reg 200.010; CAR 1988), so interpreting the Order requires consulting those sources (s1 definitions).","Instrument is administratively simple but operationally dependent on documentary and procedural controls held by EADS CASA and the ADF, increasing practical implementation complexity (s3.1–s3.6)."],"plain_english_summary":"This Order makes a targeted exemption allowing a specified EADS CASA Airbus A330 multi‑role tanker, modified by Qantas at Brisbane, to undergo production or acceptance flight testing in Australia without complying with CAR 1988 and parts of CASR 1998. It assigns EADS CASA responsibility for flight‑test control and pre‑flight inspection, the ADF responsibility for crew authorisation and certain airworthiness directions, and requires adherence to EADS CASA publications and ADF flight manuals."},"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":2,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope. It was clearly designed from the outset as a targeted exemption for a specific military aircraft program (the Airbus A330 MRTT for the RAAF), and remains tightly constrained to that purpose. There is no evidence of scope creep or expansion beyond the original intent of enabling flight testing for this particular defence procurement."},"complexity_factors":["Very short document (approximately 500 words)","Only 6 defined terms, all straightforward acronyms or cross-references","Single-purpose instrument applying to one specific aircraft type","No nested exceptions or conditional logic beyond basic 'before beginning flight testing' requirements","Linear structure: definitions → application → simple numbered conditions","No cross-referencing between multiple parts or schedules beyond the basic CASR regulation citation"],"plain_english_summary":"This order grants a temporary, flight‑testing‑only exemption from Australia’s civilian aviation rules for the EADS CASA Airbus A330 multi‑role tanker, allowing production and military acceptance flights in Australian airspace. It affects EADS CASA, the ADF, and Qantas’s Brisbane modification facility.\n\nThe exemption requires alternative safety controls — airworthiness oversight, use of military‑qualified crews and adherence to EADS CASA/ADF technical and flight‑test procedures — so testing can proceed despite the aircraft not meeting civilian certification."}},"importantCases":[],"_links":{"self":"/api/acts/civil-aviation-order-95-57-instrument-2008","history":"/api/acts/civil-aviation-order-95-57-instrument-2008/history","analysis":"/api/acts/civil-aviation-order-95-57-instrument-2008/analysis","conflicts":"/api/acts/civil-aviation-order-95-57-instrument-2008/conflicts","importantCases":"/api/acts/civil-aviation-order-95-57-instrument-2008/important-cases","documents":"/api/acts/civil-aviation-order-95-57-instrument-2008/documents"}}