CASA EX72/12 - Exemption - from CASR Subpart 99.B for micro-businesses

Link to law: https://www.comlaw.gov.au/Details/F2012L01169

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Instrument number CASA EX72/12
I, JOHN FRANCIS McCORMICK, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).
[Signed John F. McCormick]
John F. McCormick
Director of Aviation Safety
5 June 2012
Exemption from CASR Subpart 99.B for micro-businesses
1          Duration
                 This instrument:
(a)   commences on 18 June 2012; and
(b)   stops having effect at the end of 17 June 2015.
2          Definitions
        (1)     In this instrument:
CASA micro-business DAMP means the CASA Drug and Alcohol Management Program, as amended by CASA from time to time, and published or made available by CASA for micro-businesses.
Note   The CASA Drug and Alcohol Management Program is available on the CASA website.
formally, for the adoption by a micro-business of the CASA micro-business DAMP, means in writing, signed by the most senior executive manager of the business (however described).
generic SSAA means the SSAA mentioned in the following paragraphs of regulation 99.015 of CASR 1998: (e), (f), (h), (i), (j), (k) and (l).
Note   In general terms, these relate to aircraft re-fuelling, airport security, aircraft baggage handling, air traffic control, and aerodrome fire fighting. The effect of this definition is that persons providing SSAA services, other than those defined as generic SSAA, must be counted as employees of the micro-business in line with the definition of employee in regulation 99.010 of CASR 1998.
micro-business means a drug and alcohol management plan (DAMP) organisation that has not more than 7 regular safety sensitive aviation activity (SSAA) employees performing, or available to perform, an applicable SSAA for the micro-business.
        (2)     For calculating the number of regular SSAA employees performing, or available to perform, an applicable SSAA for a micro-business, employee is taken to include any individual who is not an employee of the micro-business but who is permitted by the micro-business to perform, or be available to perform, an applicable SSAA for the micro-business.
        (3)     For calculating the number of regular SSAA employees performing, or available to perform, an applicable SSAA for a micro-business, a person who has a contract of service or a contract for services with another organisation whose business is to provide DAMP organisations generally with generic SSAA, is not to be taken to be an employee of the business to whom the SSAA service is provided.
3          Application
        (1)     Subject to subsection (2), this instrument applies to a micro-business.
        (2)     This instrument does not apply to a micro-business:
(a)   that is engaged in, or provides services to, any regular public transport operation; or
(b)   in which there is a reasonable expectation, based on past experience, that the number of regular SSAA employees is subject to variation above 7 at any reasonably foreseeable time; or
(c)   that has more than 7 regular SSAA employees performing, or available to perform, an applicable SSAA for the micro-business.
4          Exemption
                 A micro-business is exempt from each provision of Subpart 99.B of CASR 1998, except each provision in Division 99.B.4.
5          Conditions
        (1)     The exemption under section 4 is subject to the condition that the micro‑business must:
(a)   formally adopt as its DAMP the CASA micro-business DAMP; and
(b)   at all times comply with the terms of the micro-business DAMP.
Note 1   The CASA micro-business DAMP is on the CASA website. It must be formally adopted in writing by the micro-business and compliance initiated by the micro-business before the exemption can apply to the micro-business.
Note 2   The exemption ceases to apply if the number of SSAA employees exceeds 7. The exemption cannot begin to apply if there is a reasonable expectation, based on past experience, that the number of regular SSAA employees is subject to variation above 7 at any reasonably foreseeable time.
        (2)     The exemption under section 4 is subject to the condition that the micro‑business must:
(a)   comply with regulation 99.085 of CASR 1988; and
(b)   fully cooperate with CASA for  regulations 99.090 and 99.095 of CASR 1998;
                 as if the CASA micro-business DAMP adopted by the micro-business were a DAMP referred to in those regulations.