Document ID: chunk:federal_register_of_legislation:F2020C00116:body:0:p3
Version: federal_register_of_legislation:F2020C00116
Segment Type: other
Provision Reference: 
Character Range: 5156–7922

organisation is exempt from compliance with:
(a) subregulation 99.030 (4) of CASR, to the extent that it requires the DAMP organisation to comply with paragraph 99.045 (d) of CASR in relation to a non‑DAMP organisation's employee who performs, or is available to perform, an applicable SSAA for the DAMP organisation; and
(b) regulation 99.035 of CASR, to the extent that it requires the DAMP organisation to implement its DAMP by giving effect to regulation 99.080 of CASR in relation to a non-DAMP organisation's employee who performs, or is available to perform, an applicable SSAA for the DAMP organisation.
       (3) Subsection (2) does not apply in relation to the DAMP organisation's implementation of its DAMP regarding the employee of the non-DAMP organisation to the extent that the DAMP gives effect to the matters mentioned in subregulation 99.065 (2) of CASR.
Note   See the exemption condition in section 6.
       (4) The exemptions in subsection (2) are subject to the conditions in section 6.
Note 1  The employee of the non-DAMP organisation is a SSAA employee of the DAMP organisation — see definitions of SSAA employee, employee and DAMP contractor in regulation 99.010 of CASR.
Note 2   Subregulation 99.065 (2) requires that a DAMP include requirements to not permit a SSAA employee to perform, or be available to perform, an applicable SSAA in specified circumstances related to: (1) the employee's faculties being suspected of being impaired due to the employee being under the influence of prescribed drugs or alcohol, or (2) the SSAA employee being involved in an accident or serious incident.
       (5)This section ceases to be in force at the end of 30 September 2021.

6 Conditions
       (1)The DAMP organisation must, as soon as practicable after implementing its DAMP regarding a non-DAMP organisation's employee in relation to the matters in subregulation 99.065 (2) of CASR:
(a) notify the non-DAMP organisation in writing of the implementation; and
(b) notify CASA in writing if the DAMP organisation does not permit the employee to perform, or be available to perform, an applicable SSAA for the DAMP organisation.
       (2)This section ceases to be in force at the end of 30 September 2021.

7 Directions — DAMP organisation
       (1)For regulation 11.245 of CASR, a DAMP organisation that is, or was, exempt under section 5 from compliance with specified provisions of CASR must:
(a) keep records that evidence its grounds for the satisfaction mentioned in paragraph 5 (1) (e); and
(b) ensure each record states the date the record was created; and
(c) keep each record in a secure location for 5 years from the date that the record is created; and
(d) within 6 months after the end of the 5 year period for which the record