Document ID: chunk:federal_register_of_legislation:F2025L00228:body:0:p1
Version: federal_register_of_legislation:F2025L00228
Segment Type: other
Provision Reference: 
Character Range: 0–2862

Instrument number CASA EX19/25
I, daniel bernard o'hagan, Section Manager Drafting, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed D.B. O'Hagan]
Danny O'Hagan
Section Manager Drafting
26 February 2025
CASA EX19/25 — CASR Subpart 99.B DAMP Requirements for Foreign Air Transport AOC Holders Exemption 2025

1 Name
        This instrument is CASA EX19/25 — CASR Subpart 99.B DAMP Requirements for Foreign Air Transport AOC Holders Exemption 2025.

2 Duration
        This instrument:
(a) commences on 1 March 2025; and
(b) is repealed at the end of 29 February 2028.

3 Definitions
Note   In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: AOC, approved tester, body sample, DAMP, DAMP supervisor, donor, drug or alcohol test, foreign air transport AOC, regular SSAA employee, SSAA and testable drug.
        In this instrument:
body sample donor means:
(a) a donor; or
(b) a person who is asked to give, or has given, a body sample for the purposes of a test.
place means the place where the circumstances mentioned in paragraphs 99.050(2)(b), (c) and (d) of CASR occurred.
relevant organisation means the holder of a foreign air transport AOC:
(a) engaged in international air navigation; and
(b) not engaged in domestic air navigation in Australia.
Standard, for a commercial device used in a test, means the minimum requirements to be met for the device to be considered by the Standards body to be reliable and effective for its purpose.
Standards body means the organisation officially recognised for setting Standards in a place.
     test, for the presence in a body sample of a testable drug or alcohol, means a test:
       (a)              using a commercial device that complies with the Standard for such devices in the place; or
       (b)              by a medical practitioner registered to practice medicine in the place.

4 Exemption from DAMP requirements after notifying CASA of senior person to contact regarding body sample donor
       (1) Subject to subsection (2), a relevant organisation is exempt from compliance with Subpart 99.B of CASR.
       (2) The exemption in subsection (1) does not apply to a relevant organisation unless it has notified CASA in writing of the name, title and contact details, including emergency contact details, of a senior person in the relevant organisation with whom CASA may liaise in relation to a body sample donor.
       (3) The exemption in subsection (1) 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