Document ID: chunk:federal_register_of_legislation:F2021L01342:body:0:p2
Version: federal_register_of_legislation:F2021L01342
Segment Type: other
Provision Reference: 
Character Range: 2594–5449

competence in the field of interpreting drug and alcohol test results; and
           (ii) knowledge of substance and use disorders; and
           (iii) knowledge of the contents of Part 99 of CASR; and
(e) a reference in the provision to a person in a DAMP organisation who has the role of DAMP contact officer were a reference to a person appointed by the non-DAMP organisation to liaise with CASA in relation to its DAMP‑like program and the organisation's responsibilities under this instrument; and
(f) a reference in the provision to a person in a DAMP organisation who has the role of DAMP supervisor were a reference to a person in a non-DAMP organisation who:
           (i) has had relevant training to form an opinion as to whether a person may be adversely affected by a testable drug or under the influence of alcohol; and
           (ii) is authorised by the non-DAMP organisation to do so for the purposes of drug and alcohol testing on an employee of the non-DAMP organisation who performs, or is available to perform, an applicable SSAA for a DAMP organisation.

5 Exemption
       (1)This section applies in relation to a DAMP organisation if:
(a) a written contract exists between the DAMP organisation and a non-DAMP organisation under which:
           (i) the non-DAMP organisation provides an applicable SSAA to the DAMP organisation; and
           (ii) an employee or contractor of the non-DAMP organisation performs, or is available to perform, the SSAA under a DAMP-like program; and
           (iii) the DAMP-like program (instead of the DAMP of the DAMP organisation) is to apply in relation to the SSAA; and
(b) the DAMP organisation reasonably believes that the non-DAMP organisation is implementing its DAMP-like program in relation to the employee or contractor.
Note   The DAMP-like program must be approved in writing by CASA — see definition of DAMP‑like program in section 3.
       (2)A DAMP organisation to which this section applies:
(a) is exempt from compliance with subregulation 99.030 (4) of CASR to the extent that the provision requires the organisation to comply with paragraph 99.045 (d) of CASR in relation to the non-DAMP organisation's employee or contractor who performs, or is available to perform, an applicable SSAA for the DAMP organisation; and
(b) is exempt from compliance with regulation 99.035 of CASR to the extent that it requires the organisation to implement its DAMP by giving effect to regulation 99.080 of CASR in relation to a non-DAMP organisation's employee or contractor who performs, or is available to perform, an applicable SSAA for the DAMP organisation.
       (3)However, subsection (2) does not apply insofar as a DAMP organisation implements its DAMP regarding the employee or contractor of the non-DAMP organisation to give effect to the matters mentioned in subregulation