Document ID: chunk:federal_register_of_legislation:F2023L01346:body:0:p1
Version: federal_register_of_legislation:F2023L01346
Segment Type: other
Provision Reference: 
Character Range: 0–2838

Instrument number CASA EX93/23
I, daniel bernard o'hagan, Manager, Legislative Drafting, a delegate of CASA, make this instrument under regulations 11.160 and 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed D.B. O'Hagan]
Danny O'Hagan
Manager, Legislative Drafting
28 September 2023
CASA EX93/23 — Implementation of DAMPs (Provision of Safety-Sensitive Aviation Activities by Non-DAMP Organisations) Instrument 2023

1 Name
        This instrument is CASA EX93/23 — Implementation of DAMPs (Provision of Safety-Sensitive Aviation Activities by Non-DAMP Organisations) Instrument 2023.

2 Duration
 (1) This instrument commences on 1 October 2023.
 (2) Subject to subsection (3), this instrument is repealed at the end of 31 March 2032.
 (3) Section 5, subsection 6(1) and section 7 are repealed at the end of 30 September 2026.
Note   For the purposes of regulation 11.250 of CASR, the directions in subsections 6(1) and (2) and section 7 cease to be in force on repeal of those respective provisions as provided for under this section. In particular:
       (a) the exemption in section 5 of this instrument, and the directions in subsection 6(1) and section 7, apply only until the end of 30 September 2026; and
       (b) the other provisions of this instrument remain in force until the repeal of this instrument (on 31 March 2032) because of the requirements to retain and manage records in the direction in subsection 6(2).

3 Interpretation
 (1) In this instrument:
DAMP-like program, of a non-DAMP organisation, means a plan of a non‑DAMP organisation that:
(a) complies with regulation 99.045 of CASR (as applied under section 4) as if the organisation were a DAMP organisation; and
(b) is approved in writing by CASA.
non-DAMP organisation means a person other than a DAMP organisation.
       (2) Unless the contrary intention appears, certain terms and expressions in this instrument have the same meaning as they have in regulation 99.010 of CASR.
Note   Such terms and expressions include applicable SSAA, DAMP, DAMP organisation and SSAA employee.

4 Application of Part 99 of CASR
        If this instrument requires or specifies compliance by a non-DAMP organisation with a provision of Part 99 of CASR, the provision (and, if necessary, a provision referred to in that provision) applies as if:
(a) a reference in the provision to a DAMP organisation were a reference to a non‑DAMP organisation; and
(b) a reference in the provision to a DAMP were a reference to a DAMP‑like program; and
(c) a reference in the provision to an SSAA employee of a DAMP organisation were a reference to an employee or contractor of a non-DAMP organisation who performs, or is available to perform, an applicable SSAA for the DAMP organisation; and
(d) a reference in the provision to a DAMP medical review officer were a