Instrument number CASA EX92/23

I, daniel bernard o’hagan, Manager, Legislative 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
Manager, Legislative Drafting

26 September 2023

CASA EX92/23 — DAMP Implementation (Information) Exemption 2023

1 Name

  This instrument is CASA EX92/23 — DAMP Implementation (Information) Exemption 2023.

2 Duration

  This instrument:

(a) commences on 1 October 2023; and

(b) is repealed at the end of 30 September 2026.

3 Definitions

  In this instrument:

DAMP has the meaning given by subregulation 99.010(1) of CASR.

DAMP organisation has the meaning given by subregulation 99.010(1) of CASR.

DAMP reporting period has the meaning given by subregulation 99.010(1) of CASR.

SSAA employee has the meaning given by subregulation 99.010(1) of CASR.

4 Exemption

 (1) A DAMP organisation, which has implemented a DAMP, is exempt from compliance with subregulations 99.100(1) and (2) of CASR.

 (2) The exemption is subject to the conditions stated in section 5.

5 Conditions

 (1) The DAMP organisation must:

(a) subject to subsection (2), create records of the information mentioned in paragraphs 99.100(1)(a) to (l) of CASR in relation to each DAMP reporting period or part of a DAMP reporting period, for the organisation, during which the DAMP was implemented; and

(b) subject to subsection (2), if requested in writing by CASA, create records of information, not mentioned in paragraph (a), relating to the organisation’s implementation of the DAMP, or a drug or alcohol test undergone by an SSAA employee of the organisation under Part 99 of CASR, in relation to each DAMP reporting period or part of a DAMP reporting period, for the organisation, during which the DAMP was implemented; and

(c) ensure each record states the date the record was created; and

(d) keep each record in a secure location for 5 years (the 5-year period) after the last day of the DAMP reporting period or the part of a DAMP reporting period; and

(e) within 6 months after the end of the 5-year period, destroy or delete the parts of the records that relate to the results of drug, or alcohol, testing of an SSAA employee of the organisation.

 (2) The records mentioned in paragraph (1)(a) or (b) must not include any information in relation to an SSAA employee of the organisation that might identify the employee.