CASA EX56/23 — Implementation of Drug and Alcohol Management Plans (Micro-businesses and DAMP Organisations) Exemption 2023 (Cth)

Instrument number CASA EX56/23 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 May 2023 CASA EX56/23 — Implementation of Drug and Alcohol Management Plans (Micro-businesses and DAMP Organisations) Exemption 2023

1 Name This instrument is CASA EX56/23 — Implementation of Drug and Alcohol Management Plans (Micro-businesses and DAMP Organisations) Exemption 2023.

2 Duration This instrument: (a) commences on 1 June 2023; and (b) is repealed at the end of 31 May 2026.

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, including the following terms defined in regulation 99.010 of CASR: accident, applicable SSAA, DAMP contact officer, DAMP or drug and alcohol management plan, DAMP organisation, employee, serious incident, SSAA and SSAA employee. In this instrument: CASA EX66/18 means CASA EX66/18 — Implementation of Drug and Alcohol Management Plans (Micro-businesses) Exemption 2018. CASA EX81/20 means CASA EX81/20 — Implementation of Drug and Alcohol Management Plans (Micro-businesses and DAMP Organisations) Exemption 2020. CASA Micro-business DAMP means the CASA Micro-business Drug and Alcohol Management Plan (DAMP) published by CASA, as existing from time to time. Note The latest version of the CASA Micro-business DAMP is available on the CASA website at https://www.casa.gov.au. As at commencement of this instrument, it was available at https://www.casa.gov.au/safety-management/standard-page/damp-exemption-micro-businesses. contractor, of a non-DAMP organisation, means a person, or the employee of a person, who is: (a) a party to a contract with the organisation; or (b) a subcontractor. employee, of a non-DAMP organisation, includes a contractor of the organisation. exempted provisions means regulations 99.035 and 99.040, and paragraph 99.045(d), of CASR. generic SSAA means the SSAA mentioned in paragraphs (e), (f), (h), (i), (j), (k) and (l) of subregulation 99.015(2) of CASR. Note These provisions relate to aircraft refuelling, airport security, aircraft baggage handling, air traffic control, flight information and search and rescue alert services, and aerodrome fire fighting. The effect of this definition and the definition of micro-business employee, for a micro‑business, is that persons providing SSAA services, other than those contracted with other organisations to provide DAMP organisations with generic SSAA, must be counted as employees of the micro-business. micro-business means a DAMP organisation that: (a) has not more than 10 micro-business employees who: (i) are reasonably likely to perform an applicable SSAA at least 2 or more times every 90 days for the micro-business; or (ii) are available to perform an applicable SSAA for the micro-business; and (b) is not engaged in, and does not provide services to, any schedule air transport operation. micro-business DAMP, of a micro-business DAMP organisation, means the micro‑business DAMP adopted by the organisation under this instrument, or (in the case of someone to whom section 6 applies) instrument number CASA EX66/18 or CASA EX81/20. micro-business DAMP organisation means a person that is complying with the conditions on the exemption mentioned in section 5, or (in the case of someone to whom section 6 applies) instrument number CASA EX66/18 or CASA EX81/20. micro-business employee, for the definition of micro-business, is an employee of the micro-business who is not a person who has a contract of service or a contract for service with another organisation to provide DAMP organisations generally with generic SSAA. non-DAMP organisation means a person other than a DAMP organisation. subcontractor means a person who is a party to: (a) a contract with a contractor of a non-DAMP organisation within the meaning of paragraph (a) of the definition contractor in this section; or (b) a contract with another subcontractor (under a previous application of this definition). testable drug has the meaning defined in section 33 the Civil Aviation Act 1988.