Instrument number CASA EX35/09

I, JOHN FRANCIS McCORMICK, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).

[Signed John F. McCormick]

John F. McCormick
Director of Aviation Safety and
   Chief Executive Officer

7 April 2009

Exemption — extension of time for drug and alcohol education program

1 Duration

 This instrument:

(a) commences on the day of registration; and

(b) stops having effect at the end of 30 April 2010.

2 Application

 This instrument applies to Sunstate Airlines (Qld) Pty Ltd, Aviation Reference Number 065667 (Sunstate Airlines).

3 Exemption

 Sunstate Airlines is exempt from compliance with subparagraph 99.080 (1) (a) (ii) of CASR 1998.

Note    Sunstate Airlines must, however, implement subparagraph 99.080 (1) (a) (i) of CASR 1998 in accordance with its terms.

4 Conditions

 The exemption is subject to the conditions mentioned in Schedule 1.

Schedule 1 Conditions

 1 By not later than the end of 9 April 2009, Sunstate Airlines must deliver its drug and alcohol education program (the Sunstate Airlines DAE program) to each SSAA employee and each DAMP supervisor who:

(a) commenced working for Sunstate Airlines on or before the commencement date for Part 99 of CASR 1998; and

(b) has not received the Sunstate Airlines DAE program.

Note   The commencement date for Part 99 of CASR 1998 was 23 September 2008.

 2 By not later than the end of 9 April 2009, Sunstate Airlines must ensure that each SSAA employee and each DAMP supervisor mentioned in clause 3 receives personal training or correspondence identifying:

(a) the differences between the Sunstate Airlines DAE program and the requirements of Part 99 of CASR 1998; and

(b) the obligations and liabilities arising from CASR Part 99.

 3 For clause 2, the following are the SSAA employees and DAMP supervisors:

(a) each person covered by clause 1; and

(b) each SSAA employee and each DAMP supervisor who commenced working for Sunstate Airlines on or before the commencement date for Part 99 of CASR 1998 who has received the Sunstate Airlines DAE program.

 4 By not later than the end of 30 April 2010, Sunstate Airlines must ensure that each SSAA employee and each DAMP supervisor attends a drug and alcohol education program that conforms to the requirements of CASR Subpart 99.B.

 5 In this Schedule:

Sunstate Airlines DAE program means that part of the Qantas Group of Companies drug and alcohol education program, as in operation on 5 November 2008, that applies to Sunstate Airlines SSAA employees and DAMP supervisors, including:

(a) the matters described in the 5 November 2008 letter, submission and 15 attachments from the Qantas Group of Companies Chief Risk Officer to the CASA Deputy Chief Executive, Strategy and Support; and

(b) changes to the program submitted in writing to the CASA Principal Medical Officer after the commencement of this instrument.