Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) In this Part:
"accident" means an occurrence that arises out of a person performing or being available to perform an applicable SSAA if either or both of the following applies:
(a) the occurrence results in the death of, or serious harm to, a person;
(b) the occurrence results in serious damage to an aircraft or property.
"aerodrome testing area" means:
(a) any surface in a certified aerodrome over which an aircraft is able to be moved while in contact with the surface of the aerodrome, including any parking areas; and
(b) any part of the surface of a certified aerodrome:
(i) that is not covered by paragraph (a); and
(ii) that does not have a building on it; and
(iii) from which access to a surface mentioned in paragraph (a) may be had; and
(c) a building located on a certified aerodrome that is used:
(i) for maintenance of an aircraft or an aeronautical product; or
(ii) for the manufacture of aircraft or aeronautical products; or
(iii) by an air traffic service provider to control air traffic; or
(iv) by the holder of an AOC for flying training; or
(v) by a Part 141 operator conducting flying training in an aircraft; and
(d) any part of an aircraft, aerobridge or other moveable structure in a certified aerodrome.
"airport security guard" has the meaning given in section 9 of the Aviation Transport Security Act 2004 .
"allocated number" , in relation to an approved tester, means the number allocated to the tester under subregulation 99.445(5).
"applicable SSAA" means a safety - sensitive aviation activity to which this Part applies under regulation 99.015.
"appropriately qualified alcohol and other drug professional" means a person who:
(a) materially works as a provider of clinical drug and alcohol treatment services; and
(b) holds a bachelor degree, or postgraduate degree, in at least 1 of the following fields:
(i) health sciences;
(ii) medical science;
(iii) social sciences;
(iv) behavioural sciences.
"approved breathalyser" means a breathalyser approved by CASA under paragraph 99.130(a) for alcohol testing.
"approved drug testing device" means a device approved by CASA under paragraph 99.130(b) for testing for testable drugs.
"approved laboratory" means a person authorised under subregulation 99.450(3) to conduct confirmatory drug tests for Subpart 99.C.
"approved person" , in relation to an approved laboratory, means a person who is authorised under the laboratory's National Association of Testing Authorities accreditation to declare the results of drug tests conducted by that laboratory.
"approved tester" means a person who is authorised to:
(a) take body samples for drug or alcohol tests under subregulation 99.450(1); and
(b) conduct initial drug tests or alcohol tests under subregulation 99.450(2).
"ASIC" has the meaning given in the Aviation Transport Security Regulations 2005 .
"CASA medical review officer" means a medical practitioner who for drug and alcohol testing under Subpart 99.C, and for Subparts 99.E and 99.H has:
(a) been appointed by CASA under subregulation 99.390(1) for the purposes of Subpart 99.C; and
(b) training and competence in the field of interpreting drug and alcohol test results; and
(c) knowledge of substance use disorders; and
(d) knowledge of the contents of this Part.
"commencement date" means the date on which this Part commences.
"comprehensive assessment" , in relation to a person's drug or alcohol use, means an examination of the person's physiological and psychosocial indicators carried out:
(a) by a psychiatrist; or
(b) by a medical practitioner who is a Fellow of the Australasian Chapter of Addiction Medicine; or
(c) jointly by:
(i) a person entitled to practice as a medical practitioner under a law of a State or Territory; and
(ii) an appropriately qualified drug and alcohol professional.
"confirmatory alcohol test" means an alcohol test given in respect of an initial alcohol test to determine the presence and level of alcohol in a body sample.
Note: See paragraph (b) of the definition of drug or alcohol test in subsection 33(1) of the Act.
"confirmatory drug test" means a drug test given in respect of an initial drug test to determine the presence and level of a testable drug in a body sample.
Note: See paragraph (b) of the definition of drug or alcohol test in subsection 33(1) of the Act.
"DAMP" or drug and alcohol management plan means a drug and alcohol management plan that complies, or purports to comply, with the requirements of regulation 99.045.
"DAMP contact officer" , in relation to a DAMP organisation, means a person appointed by the DAMP organisation to liaise with CASA in relation to the organisation's responsibilities under this Part.
"DAMP contractor" means a person, or the employee of a person, who is:
(a) a party to an ongoing written or ongoing oral contract with a DAMP organisation; or
(b) a DAMP subcontractor to an ongoing written or ongoing oral contract with a DAMP organisation.
"DAMP medical review officer" means a medical practitioner who for drug or alcohol testing under a DAMP has:
(a) competence in the field of interpreting drug and alcohol test results; and
(b) knowledge of substance use disorders; and
(c) knowledge of the contents of this Part.
"DAMP organisation" means a person that is required to have a DAMP under subregulation 99.030(1).
"DAMP reporting period" , for a DAMP organisation, means the period of 6 months immediately before each:
(a) 1 March; and
(b) 1 September.
"DAMP subcontractor" , means a person who is a party to:
(a) an ongoing written or oral contract with a DAMP contractor within the meaning of paragraph (a) of the definition of DAMP contractor ; or
(b) an ongoing written or oral contract with another DAMP subcontractor (under a previous application of this definition).
"DAMP supervisor" , in relation to a DAMP organisation, means a person who:
(a) 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
(b) is authorised by the organisation to do so for the purposes of paragraph 99.050(2)(c).
"donor" means a person who is asked to give, or has given, a body sample to an approved tester.
"drug and alcohol education program" , for a DAMP organisation, means a program that includes the following components:
(a) for SSAA employees--awareness of:
(i) the organisation's policy on drug and alcohol use; and
(ii) drug and alcohol testing in the workplace; and
(iii) support and assistance services for people who engage in problematic use of drugs and alcohol; and
(iv) information about the potential risks to aviation safety from problematic use of drugs and alcohol;
(b) for DAMP supervisors--education and training to manage people who engage in problematic use of drugs or alcohol.
"drug or alcohol intervention program" , in relation to a person who has a drug or alcohol problem, means a program that includes any of the following measures for that problem:
(a) assessment;
(b) treatment, including any of the following:
(i) education;
(ii) counselling;
(iii) consultation with health care professionals;
(iv) pharmacotherapy;
(v) residential or non - residential treatment programs;
(c) monitoring and follow - up action.
"employee" , in relation to a DAMP organisation, includes a DAMP contractor of the DAMP organisation.
"foreign operator" means:
(a) the holder of a foreign aircraft AOC; or
(b) the operator of an aircraft operating in Australia in accordance with a permission granted by CASA under section 26 of the Act; or
(c) the operator of an aircraft operating under a permission granted under section 27A of the Act; or
(d) the holder of a New Zealand AOC with ANZA privileges; or
(e) the operator of an aircraft that is operating in Australia in accordance with section 14 of the Air Navigation Act 1920 .
"initial alcohol test" means an alcohol test to determine the presence of alcohol in a body sample.
Note: See paragraph (a) of the definition of drug or alcohol test in subsection 33(1) of the Act.
"initial drug test" means a drug test to determine the presence of a testable drug in a body sample.
Note: See paragraph (a) of the definition of drug or alcohol test in subsection 33(1) of the Act.
"nominated drug or alcohol intervention program" , in relation to a person who has undergone a comprehensive assessment, means a drug or alcohol intervention program considered suitable for the person by:
(a) if the person is an employee of a DAMP organisation--a DAMP medical review officer; or
(b) in any other case--a CASA medical review officer.
"passport" means an Australian passport within the meaning of the Australian Passports Act 2005 , or a passport issued by the Government of a country other than Australia.
"permitted level" means:
(a) for a testable drug--a level of the drug specified in subregulation (2A) for the purposes of this paragraph; and
(b) for alcohol--a level of alcohol of less than 0.02 grams of alcohol in 210 litres of breath.
"positive result" means the following:
(a) for an initial drug test--a test result within the meaning of paragraph (a) of the definition of positive test result in subsection 33(1) of the Act;
(b) for a confirmatory drug test--a test result within the meaning of paragraph (b) of the definition of positive test result in subsection 33(1) of the Act;
(c) for an initial alcohol test--a test result within the meaning of paragraph (a) of the definition of positive test result in subsection 33(1) of the Act;
(d) for a confirmatory alcohol test--a test result within the meaning of paragraph (b) of the definition of positive test result in subsection 33(1) of the Act.
"regular SSAA employee" means a SSAA employee who is reasonably likely to perform an applicable SSAA at least 2 or more times every 90 days.
"relevant Standard" means:
(a) AS 3547, Breath alcohol testing devices for personal use ; and
(b) NMI R 126, Pattern Approval Specifications for Evidential Breath Analysers ; and
(c) AS 4760, Procedures for specimen collection and the detection and quantitation of drugs in oral fluid ; and
(d) AS/NZS 4308, Procedures for specimen collection and the detection and quantitation of drugs of abuse in urine .
"sample identifier" means a number allocated to a body sample using the method specified in a legislative instrument made by CASA under regulation 99.150.
"screening officer" has the meaning given in the Aviation Transport Security Act 2004 .
"serious incident" means an occurrence that arises out of a person performing or being available to perform an applicable SSAA if either or both of the following applies:
(a) the occurrence gives rise to a danger of death or serious harm to a person;
(b) the occurrence gives rise to a danger of serious damage to an aircraft or property.
"SSAA" means a safety - sensitive aviation activity.
"SSAA employee" , in relation to a DAMP organisation, means an employee of the DAMP organisation who performs or is available to perform an applicable SSAA.
"substantial compliance" , in relation to a drug or alcohol test, has the meaning given in subregulation 99.020(2).
"suitable test conditions" has the meaning given by subregulation (3).
Note 1: A number of other expressions used in this Part have the meanings given in the Act. For example:
Note 2: Testable drugs are specified in a legislative instrument made by the Minister under subsection 33(2) of the Act.
References to Standards and reports
(2) In this Part:
"AS" followed by a number is a reference to the Australian Standard so numbered or identified, as in force or existing from time to time, published by Standards Australia.
"AS/NZS" followed by a number is a reference to the Australian/New Zealand Standard so numbered or identified, as in force or existing from time to time, published jointly by Standards Australia and Standards New Zealand.
"NMI R" followed by a number is a reference to the document with that designation and number, as in force from time to time, published by the National Measurement Institute established under the National Measurement Act 1960 .
(2A) For paragraph (a) of the definition of permitted level , the permitted level for each testable drug is specified in the following table.
Testable Drug | Concentration - ng/mL |
Δ9 - tetrahydrocannabinol | 10 |
6 - Acetyl morphine | 10 |
Amphetamine | 25 |
Benzoylecgonine | 25 |
Cocaine | 25 |
Codeine | 25 |
Ecgonine methyl ester | 25 |
Methylamphetamine | 25 |
Methylenedioxyamphetamine | 25 |
Methylenedioxymethylamphetamine | 25 |
Morphine | 25 |
(3) Suitable test conditions means conditions that exist after an accident or serious incident if:
(a) testing can be conducted within:
(i) for drug testing--32 hours after the accident or incident occurred; and
(ii) for alcohol testing--8 hours after the accident or incident occurred; and
(b) it is practicable to conduct a test.