Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:13:p66
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 13 (pt 66/76)
Character Range: 2209992–2212692

person entitled to practice as a medical practitioner under a law of a State or Territory to be a CASA medical review officer for the purposes of Subpart 99.C.
 (2) A CASA medical review officer must review:
 (a) a positive result for a drug or alcohol test; and
 (b) medical information concerning a person's failure to give a body sample for drug or alcohol testing because of a medical condition;
before the result or failure is referred for action for an offence under this Subpart, or for other action under the Act or these Regulations.
 (3) CASA must take into account the results of a review carried out by a CASA medical review officer under subregulation (2) before it makes a decision to refer a positive result for action for an offence under this Subpart or for other action under the Act or these Regulations.
Subpart 99.F—Provision of information

Division 99.F.1—Purposes of Subpart

99.395  Purposes of Subpart
  This Subpart provides for the exchange of information about drug and alcohol tests between CASA and DAMP organisations, and CASA and foreign operators.

Division 99.F.2—Information

99.400  Drug or alcohol test information given or required by CASA
 (1) If:
 (a) a drug or alcohol test is conducted on a person under Subpart 99.C; and
 (b) the person is a SSAA employee of a DAMP organisation or an employee of a foreign operator; and
 (c) the result of the test is a positive result;
CASA may notify the organisation or foreign operator of the matters set out in a notice given to the person under Subpart 99.C.

If CASA notifies a DAMP organisation
 (2) If CASA notifies a DAMP organisation under subregulation (1) of the results of the test, CASA may require the organisation, by notice in writing, to provide CASA with the information set out in subregulation (3) in respect of the employee.
 (2A) If, under subregulation (2), CASA requires a DAMP organisation to provide CASA with information, the DAMP organisation must, in writing, provide CASA with that information.
Penalty: 50 penalty units.
 (3) CASA may require:
 (a) information about what, if any, action was taken by the DAMP organisation under its DAMP in respect of the employee and the test result; and
 (b) information about when, after the result of the test became known, the employee again performed or became available to perform a SSAA; and
 (c) if the employee ceases to be a SSAA employee of the organisation—information about whether the employee so ceased:
 (i) before the employee had completed attending a nominated drug or alcohol intervention program; or
 (ii) before the employee had been approved by the organisation to again perform or be available to perform a SSAA.

If CASA notifies