Document ID: chunk:federal_register_of_legislation:F2025L00228:body:0:p2
Version: federal_register_of_legislation:F2025L00228
Segment Type: other
Provision Reference: 
Character Range: 2611–5484

is subject to the conditions in section 6.

5 Exemption from DAMP identity requirements for donors
       (1) An employee of a kind mentioned in subsection (2) is exempt from compliance with subregulation 99.325(1) of CASR if the employee produces the photographic identification issued by the relevant organisation that employs the employee:
(a) immediately; or
(b) within 1 hour of being asked by an approved tester for identification.
       (2) For subsection (1), the kind of employee is an employee of a relevant organisation who:
(a) is performing, or is available to perform, an applicable SSAA; and
(b) has been asked by CASA for a body sample under Subpart 99.C of CASR.

6 Conditions
       (1) The relevant organisation must, upon request by CASA and within the timeframe mentioned in subsection (2), provide CASA with the name, date of birth, address both inside and outside Australia where applicable, and telephone number both inside and outside Australia where applicable, of each of its employees who:
       (a)              performs, or is available to perform, an applicable SSAA for the organisation; and
       (b)              is unable to produce to an approved tester photographic identification of the kind mentioned in:
           (i) subregulation 99.125(3) of CASR; or
           (ii) section 5.
       (2) For subsection (1), the timeframe is as follows:
(a) if CASA specifies a timeframe for the provision of the information — the specified timeframe;
(b) if CASA does not specify a timeframe for the provision of the information — as soon as practicable.
Note   The relevant organisation must provide to CASA the name of a person with whom CASA may liaise in relation to a body sample donor and make requests for the information mentioned in subsection (1) — see subsection 4(2). CASA generally specifies a timeframe for a response when making a request.
       (3) Despite not having a DAMP, the relevant organisation must, if it has procedures that provide for the conduct of tests in the following circumstances, ensure that tests for the presence in a body sample of a testable drug or alcohol are conducted on any SSAA employee:
(a) who falls within a circumstance mentioned in paragraph 99.050(2)(b) or (d) of CASR;
       Note   Paragraph 99.050(2)(b) of CASR refers to an accident or serious incident involving an SSAA employee while in that role. Paragraph 99.050(2)(d) refers to an SSAA employee returning to that role having been excluded because of a positive drug or alcohol result.
(b) who the relevant organisation has reasonable grounds for considering may be adversely affected by a testable drug or by alcohol while performing, or available to perform, an applicable SSAA.
       Note 1   For example, a relevant organisation would have reasonable grounds for considering that the SSAA employee may be adversely affected by