Federal Register of Legislation - Australian Government

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CASA EX102/21 Exemptions as made
This exemption enables certain organisations carrying out maintenance on aircraft or aeronautical products outside Australian territory to either develop a drug and alcohol management plan that covers the performance of applicable safety-sensitive aviation activities (SSAA) outside Australian territory or to rely on the exemption and put in place measures to ensure that a person performing the applicable SSAA is not affected by alcohol or drugs and to notify the Civil Aviation Safety Authority of these measures.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 30 Aug 2021
Tabling HistoryDate
Tabled HR31-Aug-2021
Tabled Senate01-Sep-2021
To be repealed 31 Aug 2023
Repealed by Self Repealing

Instrument number CASA EX102/21

I, WARREN CRAIG MARTIN, Executive Manager, Regulatory Oversight, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed C. Martin]

Craig Martin
Executive Manager, Regulatory Oversight

27 August 2021

CASA EX102/21 — DAMP Requirements for Maintenance Organisations Outside Australian Territory Exemption 2021

1              Name

This instrument is CASA EX102/21 — DAMP Requirements for Maintenance Organisations Outside Australian Territory Exemption 2021.

2          Duration

                 This instrument:

(a)   commences on 1 September 2021; and

(b)   is repealed at the end of 31 August 2023.

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: CAR, CASR and Part 145 organisation.

                 In this instrument:

applicable SSAA has the meaning given by regulation 99.010 of CASR.

DAMP or drug and alcohol management plan has the meaning given by regulation 99.010 of CASR.

DAMP organisation has the meaning given by regulation 99.010 of CASR.

SSAA has the meaning given by regulation 99.010 of CASR.

SSAA employee, in relation to a DAMP organisation, has the meaning given by regulation 99.010 of CASR.

4          Exemption

        (1)     This section applies to a DAMP organisation in relation to the maintenance of Australian aircraft or aeronautical products outside Australian territory, if:

(a)       the organisation is:

             (i)  the holder of a certificate of approval, within the meaning of subregulation 2 (1) of CAR; or

            (ii)  a Part 145 organisation; and

(b)      the organisation has not developed and implemented a DAMP that covers the performance of an applicable SSAA outside Australian territory.

(2)   The DAMP organisation is exempt from compliance with regulations 99.030, 99.035 and 99.040 of CASR in relation to its SSAA employees who perform or are available to perform an applicable SSAA.

(3)   The exemption is subject to the conditions mentioned in section 5.

5          Conditions

(1)   The DAMP organisation must implement measures to ensure that a person performing the applicable SSAA is not affected by alcohol.

(2)   The DAMP organisation must implement measures to ensure that a person performing the applicable SSAA is not affected by a testable drug unless the testable drug is in the form of medication that:

(a)   the person is taking under the direction and supervision of a medical practitioner registered to practice medicine in the place where the person is performing the applicable SSAA; and

(b)   is of a kind that does not affect the person’s performance of SSAA in a way that could affect the safety of air navigation.

(3)   The DAMP organisation must notify CASA in writing of the measures it has implemented within 28 days of implementing the measures.