Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:13:p37
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 13 (pt 37/76)
Character Range: 2138596–2141348

performs or is available to perform a SSAA; and
 (b) the organisation is listed in subregulation (2).
Penalty: 50 penalty units.
 (2) For paragraph (1)(b), the organisations are as follows:
 (a) an AOC holder;
 (b) a person issued with a production certificate under regulation 21.134;
 (c) the holder of an aerodrome certificate;
 (d) a person approved as an ARFFS under Division 139.H.5;
 (e) an ATS training provider within the meaning of Part 143;
 (f) an ATS provider within the meaning of Part 172;
 (g) the provider of any of the following services within the meaning of Part 171:
 (i) a telecommunication service;
 (ii) a radionavigation service;
 (i) the holder of a certificate of approval within the meaning of subregulation 2(1) of CAR;
 (j) a Part 145 organisation;
 (k) a Part 141 operator conducting flying training in aircraft;
 (l) a screening authority within the meaning of the Aviation Transport Security Regulations 2005.
 (3) The DAMP must be developed within the time required for implementation of a DAMP under subregulation 99.035(2).
Penalty: 50 penalty units.
 (4) A person who, under subregulation (1), is required to develop a DAMP must continue to have a DAMP that complies with regulation 99.045 for the period the person has SSAA employees performing an applicable SSAA or available to perform an applicable SSAA.
Penalty: 50 penalty units.
 (5) An offence against subregulation (1), (3) or (4) is an offence of strict liability.

99.035  DAMP must be implemented
 (1) A person who is required to develop a DAMP must implement a DAMP by:
 (a) giving effect to regulation 99.080; and
 (b) making the DAMP available to the person's SSAA employees as required by this Subpart.

Timeframe and implementation
 (2) The DAMP must be implemented:
 (a) if the person:
 (i) is a DAMP organisation on the commencement date; or
 (ii) becomes a DAMP organisation within the period of 6 months after the commencement date (the transition period);
  by the end of the transition period; or
 (b) if the person becomes a DAMP organisation after the end of the transition period—immediately upon becoming a DAMP organisation.

99.040  DAMP must be made available to SSAA employees
 (1) Subject to subregulation (2), a DAMP organisation must ensure that its DAMP is made available to each of its SSAA employees before the employee begins to perform or becomes available to perform an applicable SSAA.
Penalty: 50 penalty units.
 (2) If a person is a SSAA employee of a DAMP organisation on the day the organisation implements its DAMP, the organisation must make the DAMP available to the employee by the end of the day the employee next performs or is available to perform an applicable SSAA for the DAMP organisation.
Penalty: 50 penalty