CASA EX95/13 - Exemption — CASR Part 99 DAMP requirements for CAR 30 or Part 145 organisations overseas

Link to law: https://www.comlaw.gov.au/Details/F2013L01675

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Instrument number CASA EX95/13
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) and subsection 33 (3) of the Acts Interpretation Act 1901.
[Signed P. Fereday]
Peter Reginald Fereday
Executive Manager
Industry Permissions Division
4 September 2013
Exemption — CASR Part 99 DAMP requirements for CAR 30 or Part 145 organisations overseas
1          Duration
                 This instrument:
(a)   commences on the day after registration; and
(b)   expires at the end of 31 August 2016, as if it had been repealed by another instrument.
2          Revocation
                 Instrument CASA EX181/12 is revoked.
3          Application
        (1)     Subject to subsection (2), the exemption in section 4 applies to a person who:
(a)   is either:
             (i)  the holder of a certificate of approval under regulation 30 of the Civil Aviation Regulations 1988 (CAR 30 COA holder); or
            (ii)  the holder of a regulation 145.035 certificate (Part 145 organisation); and
(b)   operates wholly or partly outside Australian territory.
        (2)     However, the exemption does not apply to a CAR 30 COA holder or a Part 145 organisation until it has complied with the conditions mentioned in Schedule 1.
4          Exemption from DAMP requirements
                 Each CAR 30 COA holder or Part 145 organisation is exempt from compliance with Subpart 99.B of CASR 1998 to the extent of its operations outside Australian territory.
5          Conditions
                 The exemption in section 4 is subject to the conditions mentioned in
Schedule 1.
Schedule 1          Conditions
        1     The CAR 30 COA holder or the Part 145 organisation must notify CASA in writing of the measures it has in place to ensure that, in carrying out activities under its certificate of approval or regulation 145.035 certificate, none of the persons employed by it, or working under an arrangement with it, is affected by:
(a)   alcohol; or
(b)   a testable drug, other than in the circumstances mentioned in clause 3.
Note   A CAR 30 COA holder, or Part 145 organisation, that is operating partly inside and partly outside Australian territory, must have a DAMP for its Australian operations. It may apply its DAMP fully overseas and make no use of the exemption. Alternatively, it may choose to comply with the exemption by including within the scope of a modified DAMP, the operations that are partly outside Australian territory and notifying CASA. Alternatively, it may notify CASA of different measures.
        2     Clause 1 does not apply to a CAR 30 COA holder or Part 145 organisation that has already notified CASA of the measures referred to in that clause and has had its measures reviewed by CASA.
        3     For paragraph 1 (b), the circumstances are that:
(a)   the testable drug is in the form of medication taken under the direction and supervision of a medical practitioner registered to practice medicine in the place where the employee or contractor performs work for the CAR 30 COA holder or Part 145 organisation; and
(b)   the medication is of a kind that does not affect the person’s performance of safety-sensitive aviation activities in a way that could affect the safety of air navigation.