CASA EX33/13 - Exemption - CASR Subpart 99.B DAMP requirements for foreign aircraft AOC holders

Link to law: https://www.comlaw.gov.au/Details/F2013L00542

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Instrument number CASA EX33/13
I, peter reginald fereday, Executive Manager, Industry Permissions Division, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).
[Signed P. Fereday]
Peter Reginald Fereday
Executive Manager
Industry Permissions Division
22 March 2013
Exemption — CASR Subpart 99.B DAMP requirements for foreign aircraft AOC holders
1          Duration
                 This instrument:
(a)   commences on 23 March 2013; and
(b)   expires at the end of 22 March 2016 as if it had been repealed by another instrument.
2          Application to organisations
        (1)     Subject to subsection (2), sections 4 and 5, and Schedule 1, apply to the holder of a foreign aircraft AOC (the organisation) who is:
(a)   engaged in international air navigation; and
(b)   not engaged in domestic air navigation in Australia.
        (2)     The exemption provided for by section 3 does not apply to the organisation until it has complied with clause 1 in Schedule 1.
3          Exemption from DAMP requirements
                 The organisation is exempt from compliance with Subpart 99.B of CASR 1998.
4          Conditions
                 The exemption in section 3 is subject to the conditions mentioned in Schedule 1.
5          Application to body sample donors
                 Section 6 of this instrument applies to an organisation employee who is:
(a)   performing, or available to perform, an applicable safety-sensitive aviation activity (an SSAA); and
(b)   asked by CASA for a body sample under Subpart 99.C of CASR 1998.
6          Exemption from DAMP identity requirements
                 The employee is exempt from compliance with subregulation 99.325 (1) of CASR 1998 if he or she produces the photographic identification issued by the organisation:
(a)   immediately; or
(b)   within 1 hour of being asked for identification.
Schedule 1          Conditions
        1     The organisation must notify CASA in writing of the name, title and contact details, including emergency contact details, of a senior person in the organisation (the contact) with whom CASA may liaise in relation to a donor.
Note   Donor is defined in subregulation 99.010 (1) of CASR 1998.
        2     If an organisation employee is:
(a)   performing, or available to perform, an applicable SSAA for an organisation; and
(b)   unable to produce to an approved tester photographic identification of the kind mentioned in:
             (i)  subregulation 99.125 (3) of CASR 1998; or
            (ii)  section 6 of this instrument;
              the organisation must provide CASA with the employee’s name, date of birth, address both inside and outside Australia where applicable, and telephone number both inside and outside Australia.
        3     Despite not having a drug and alcohol management plan (DAMP), the organisation must, as far as practicable, comply with the spirit and intent of the requirements in paragraphs 99.050 (2) (b), (c) and (d) of CASR 1998 by conducting drug or alcohol tests, or drug and alcohol tests (as the case requires), on any SSAA employee who falls within the circumstances mentioned in any of those paragraphs.
Note   Paragraph 99.050 (2) (c) of CASR 1998 refers to an accident or serious incident involving an SSAA employee while in that role; paragraph 99.050 (2) (c) refers to a SSAA employee being reasonably suspected by a supervisor of being adversely affected by testable drugs or alcohol; paragraph 99.050 (2) (d) refers to an SSAA employee returning to that role having been excluded because of positive drug or alcohol results.
        4     Despite not having a DAMP, the organisation must, as far as practicable, comply with the spirit and intent of the requirements in regulation 99.065 of CASR 1998 by preventing an employee from performing, or being available to perform, an applicable SSAA in any circumstance mentioned in that regulation, including where the circumstances arise from clause 3 or Subpart 99.C of CASR 1998.
        5     If, because of clause 4, an organisation prevents an employee from performing, or being available to perform, an applicable SSAA, the organisation must ensure that the employee does not perform, and is not available to perform, SSAA for the organisation inside Australian territory until:
(a)   each applicable circumstance mentioned in subregulation 99.070 (2) of CASR 1998 has occurred; and
(b)   the organisation has informed CASA, in writing, of the following:
             (i)  for an employee who, under clause 3, had a positive result for a drug test, or an alcohol test, or both a drug test and an alcohol test — the action taken by the organisation with respect to the employee following the test;
            (ii)  for an employee who, under Subpart 99.C of CASR 1998, had a positive result for a confirmatory drug test, or for a confirmatory alcohol test, or for both such tests — the action taken by the organisation with respect to the employee following the test;
           (iii)  for an employee who, under clause 3, refused to take the test or interfered with the test — the action taken by the organisation with respect to the employee following the refusal or interference;
           (iv)  for an employee who, with respect to a test under Subpart 99.C of CASR 1998, refused to take the test or interfered with the test — the action taken by the organisation with respect to the employee following the refusal or interference; and
(c)   for an employee mentioned in subparagraph (b) (ii) or (b) (iv) — the employee has been approved by a CASA medical review officer to perform, or be available to perform, the applicable SSAA.
        6     If, because of clause 4, an organisation prevents an employee from performing, or being available to perform, an applicable SSAA, but before completion of all applicable requirements under clause 5, the employee ceases to be a regular SSAA employee of the organisation (cessation), the organisation must notify CASA, as soon as practicable after the cessation, of the employee’s:
(a)   name and Aviation Reference Number, if applicable; and
(b)   address inside and outside Australia, as applicable; and
(c)   date of cessation; and
(d)   current or proposed employment if known.
Note   It is open to CASA to withdraw from such an employee, or not grant to such an employee, a civil aviation authorisation for use in Australia until CASA is satisfied that the employee is considered fit to perform, or be available to perform, an applicable SSAA.
        7     In this Schedule:
comply with the spirit and intent of a provision means that the organisation:
(a)   complies with the provision in a substantial way and as if bound by the essential requirements of the provision; and
(b)   as a result of paragraph (a) — produces ultimate outcomes that are essentially the same as the ultimate outcomes that would be produced by another organisation that was:
             (i)  in the same circumstances as the first organisation; and
            (ii)  strictly bound by the provision.
place means the place where the circumstances mentioned in paragraphs 99.050 (2) (b), (c) and (d) of CASR 1998 occurred.
Standard, for a commercial device used in a test, means the minimum requirements to be met for the device to be considered by the Standards body to be reliable and effective for its purpose.
Standards body means the organisation officially recognised for setting Standards in a place.
test, for a testable drug or alcohol, means a test:
(a)   using a commercial device that complies with the Standard for such devices in the place; or
(b)   by a medical practitioner registered to practice medicine in the place.