Instrument number CASA EX37/11
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
22 March 2011
Exemption — CASR Part 99 DAMP requirements for foreign aircraft AOC holders
1          Duration
                 This instrument:
(a)   commences on 23 March 2011; and
(b)   stops having effect at the end of 22 March 2013.
2          Application to organisations
        (1)     Subject to subsection (2), sections 3 and 4 and Schedule 1 of this instrument 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 of this instrument does not apply to the organisation until it has complied with condition 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 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 (the 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.
        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 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.
        4     If 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)   the circumstances mentioned in regulation 99.070 of CASR 1998 have occurred; and
(b)   the person is approved by a CASA medical review officer to perform the SSAA.
        5     If an organisation prevents an employee from performing, or being available to perform, an applicable SSAA but before the employee is approved by a CASA medical review officer to perform an SSAA for the organisation, 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 ARN if applicable; and
(b)   address inside and outside Australia, as applicable; and
(c)   date of cessation; and
(d)   current or proposed employment if known.