CASA EX112/21 — Implementation of DAMPs (Provision of Safety-Sensitive Aviation Activities by Non-DAMP Organisations) Instrument 2021 (Cth)

Instrument number CASA EX112/21 I, WARREN CRAIG MARTIN, Executive Manager, Regulatory Oversight, a delegate of CASA, make this instrument under section 94 of the Civil Aviation Act 1988 and regulations 11.160 and 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed C. Martin] Craig Martin Executive Manager, Regulatory Oversight 28 September 2021 CASA EX112/21 — Implementation of DAMPs (Provision of Safety-Sensitive Aviation Activities by Non-DAMP Organisations) Instrument 2021

1 Name This instrument is CASA EX112/21 — Implementation of DAMPs (Provision of Safety-Sensitive Aviation Activities by Non-DAMP Organisations) Instrument 2021.

2 Duration (1) This instrument commences on the day after it is registered. (2) Subject to subsection (3), this instrument is repealed at the end of 31 March 2029. (3) Section 5, subsection 6 (1) and section 7 are repealed at the end of 30 September 2023. Note For the purposes of regulation 11.250 of CASR, the directions in sections 6 and 7 cease to be in force on repeal of those respective sections as provided for under this section.

3 Interpretation (1) In this instrument: DAMP-like program, of a non-DAMP organisation, means a plan of a non‑DAMP organisation that: (a) complies with regulation 99.045 of CASR (as applied under section 4) as if the organisation were a DAMP organisation; and (b) is approved in writing by CASA. non-DAMP organisation means a person other than a DAMP organisation. (2)Unless the contrary intention appears, certain terms and expressions in this instrument have the meanings given by regulation 99.010 of CASR. Note Such terms and expressions include applicable SSAA, DAMP, DAMP organisation and SSAA employee.

4 Application of Part 99 of CASR If this instrument requires or specifies compliance by a non-DAMP organisation with a provision of Part 99 of CASR, the provision (and, if necessary, a provision referred to in that provision) applies as if: (a) a reference in the provision to a DAMP organisation were a reference to a non-DAMP organisation; and (b) a reference in the provision to a DAMP were a reference to a DAMP-like program; and (c) a reference in the provision to an SSAA employee of a DAMP organisation were a reference to an employee or contractor of a non-DAMP organisation who performs, or is available to perform, an applicable SSAA for the DAMP organisation; and (d) a reference in the provision to a DAMP medical review officer were a reference to a medical practitioner who, for drug or alcohol testing under a DAMP-like program, has: (i) competence in the field of interpreting drug and alcohol test results; and (ii) knowledge of substance and use disorders; and (iii) knowledge of the contents of Part 99 of CASR; and (e) a reference in the provision to a person in a DAMP organisation who has the role of DAMP contact officer were a reference to a person appointed by the non-DAMP organisation to liaise with CASA in relation to its DAMP‑like program and the organisation's responsibilities under this instrument; and (f) a reference in the provision to a person in a DAMP organisation who has the role of DAMP supervisor were a reference to a person in a non-DAMP organisation who: (i) has had relevant training to form an opinion as to whether a person may be adversely affected by a testable drug or under the influence of alcohol; and (ii) is authorised by the non-DAMP organisation to do so for the purposes of drug and alcohol testing on an employee of the non-DAMP organisation who performs, or is available to perform, an applicable SSAA for a DAMP organisation.