{"id":"F2025L00228","name":"CASA EX19/25 — CASR Subpart 99.B DAMP Requirements for Foreign Air Transport AOC Holders Exemption 2025","slug":"casa-ex19-25-casr-subpart-99-b-damp-requirements-for-foreign-air-transport-aoc-holders-exemption-202","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106046,"registerId":"commonwealth-F2025L00228-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA EX19/25 — CASR Subpart 99.B DAMP Requirements for Foreign Air Transport AOC Holders Exemption 2025","content":"Instrument number CASA EX19/25\n\nI, daniel bernard o’hagan, Section Manager Drafting, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.\n\n\\[Signed D.B. O’Hagan\\]\n\nDanny O’Hagan  \nSection Manager Drafting\n\n26 February 2025\n\nCASA EX19/25 — CASR Subpart 99.B DAMP Requirements for Foreign Air Transport AOC Holders Exemption 2025\n\n1 Name\n\nThis instrument is CASA EX19/25 — CASR Subpart 99.B DAMP Requirements for Foreign Air Transport AOC Holders Exemption 2025.\n\n2 Duration\n\nThis instrument:\n\n(a) commences on 1 March 2025; and\n\n(b) is repealed at the end of 29 February 2028.\n\n3 Definitions\n\n> Note In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: AOC, approved tester, body sample, DAMP, DAMP supervisor, donor, drug or alcohol test, foreign air transport AOC, regular SSAA employee, SSAA and testable drug.\n\nIn this instrument:\n\n> body sample donor means:\n\n(a) a donor; or\n\n(b) a person who is asked to give, or has given, a body sample for the purposes of a test.\n\n> place means the place where the circumstances mentioned in paragraphs 99.050(2)(b), (c) and (d) of CASR occurred.\n\n> relevant organisation means the holder of a foreign air transport AOC:\n\n(a) engaged in international air navigation; and\n\n(b) not engaged in domestic air navigation in Australia.\n\n> Standard, for a commercial device used in a test, means the minimum requirements to be met for the device to be considered by the Standards body to be reliable and effective for its purpose.\n\n> Standards body means the organisation officially recognised for setting Standards in a place.\n\n> test, for the presence in a body sample of a testable drug or alcohol, means a test:\n\n(a) using a commercial device that complies with the Standard for such devices in the place; or\n\n(b) by a medical practitioner registered to practice medicine in the place.\n\n4 Exemption from DAMP requirements after notifying CASA of senior person to contact regarding body sample donor\n\n(1) Subject to subsection (2), a relevant organisation is exempt from compliance with Subpart 99.B of CASR.\n\n(2) The exemption in subsection (1) does not apply to a relevant organisation unless it has notified CASA in writing of the name, title and contact details, including emergency contact details, of a senior person in the relevant organisation with whom CASA may liaise in relation to a body sample donor.\n\n(3) The exemption in subsection (1) is subject to the conditions in section 6.\n\n5 Exemption from DAMP identity requirements for donors\n\n(1) An employee of a kind mentioned in subsection (2) is exempt from compliance with subregulation 99.325(1) of CASR if the employee produces the photographic identification issued by the relevant organisation that employs the employee:\n\n(a) immediately; or\n\n(b) within 1 hour of being asked by an approved tester for identification.\n\n(2) For subsection (1), the kind of employee is an employee of a relevant organisation who:\n\n(a) is performing, or is available to perform, an applicable SSAA; and\n\n(b) has been asked by CASA for a body sample under Subpart 99.C of CASR.\n\n6 Conditions\n\n(1) The relevant organisation must, upon request by CASA and within the timeframe mentioned in subsection (2), provide CASA with the name, date of birth, address both inside and outside Australia where applicable, and telephone number both inside and outside Australia where applicable, of each of its employees who:\n\n(a) performs, or is available to perform, an applicable SSAA for the organisation; and\n\n(b) is unable to produce to an approved tester photographic identification of the kind mentioned in:\n\n(i) subregulation 99.125(3) of CASR; or\n\n(ii) section 5.\n\n(2) For subsection (1), the timeframe is as follows:\n\n(a) if CASA specifies a timeframe for the provision of the information — the specified timeframe;\n\n(b) if CASA does not specify a timeframe for the provision of the information — as soon as practicable.\n\n> Note The relevant organisation must provide to CASA the name of a person with whom CASA may liaise in relation to a body sample donor and make requests for the information mentioned in subsection (1) — see subsection 4(2). CASA generally specifies a timeframe for a response when making a request.\n\n(3) Despite not having a DAMP, the relevant organisation must, if it has procedures that provide for the conduct of tests in the following circumstances, ensure that tests for the presence in a body sample of a testable drug or alcohol are conducted on any SSAA employee:\n\n(a) who falls within a circumstance mentioned in paragraph 99.050(2)(b) or (d) of CASR;\n\n> Note Paragraph 99.050(2)(b) of CASR refers to an accident or serious incident involving an SSAA employee while in that role. Paragraph 99.050(2)(d) refers to an SSAA employee returning to that role having been excluded because of a positive drug or alcohol result.\n\n(b) who the relevant organisation has reasonable grounds for considering may be adversely affected by a testable drug or by alcohol while performing, or available to perform, an applicable SSAA.\n\n> Note 1 For example, a relevant organisation would have reasonable grounds for considering that the SSAA employee may be adversely affected by a testable drug or by alcohol if the organisation, as part of its management of the risks of drug or alcohol usage by SSAA employees, has a person performing equivalent duties to a DAMP supervisor who reasonably considers the SSAA employee may be so adversely affected.\n\n> Note 2 Paragraph (3)(b) is based on paragraph 99.050(2)(c) of CASR.\n\n(4) Despite not having a DAMP, the relevant organisation must prevent an employee from performing, or being available to perform, an applicable SSAA in any circumstance mentioned in regulation 99.065 of CASR, including where the circumstance arises from a test mentioned in subsection (3) or Subpart 99.C of CASR.\n\n(5) If, because of subsection (4), a relevant organisation prevents an employee from performing, or being available to perform, an applicable SSAA, the organisation must ensure that the employee does not perform, and is not available to perform, applicable SSAA for the relevant organisation inside Australian territory until:\n\n(a) each applicable circumstance mentioned in subregulation 99.070(2) of CASR has occurred; and\n\n(b) the relevant organisation has informed CASA, in writing, of the following:\n\n(i) for an employee who had a positive result for a test under subsection (3) — the action taken by the relevant organisation with respect to the employee following the test;\n\n(ii) for an employee who, under Subpart 99.C of CASR, had a positive result for a confirmatory drug test, or for a confirmatory alcohol test, or for both such tests — the action taken by the relevant organisation with respect to the employee following the test;\n\n(iii) for an employee who refused to take the test under subsection (3) or interfered with the test — the action taken by the relevant organisation with respect to the employee following the refusal or interference;\n\n(iv) for an employee who, with respect to a drug or alcohol test under Subpart 99.C of CASR, refused to take the test or interfered with the test — the action taken by the relevant organisation with respect to the employee following the refusal or interference; and\n\n(c) for an employee mentioned in subparagraph (b)(ii) or (b)(iv) — the employee has been approved by a CASA medical review officer to perform, or be available to perform, the applicable SSAA.\n\n(6) If, because of subsection (4), a relevant organisation prevents an employee from performing, or being available to perform, an applicable SSAA, but before completion of all applicable requirements under subsection (5), the employee ceases to be a regular SSAA employee of the organisation (cessation), the organisation must notify CASA, as soon as practicable after the cessation, of the employee’s:\n\n(a) name and, if applicable, ARN; and\n\n(b) address inside and outside Australia, as applicable; and\n\n(c) date of cessation; and\n\n(d) current or proposed employment, if known.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument appears consistent with its original purpose. It is a targeted, time-limited exemption for a specific class of operators (foreign air transport AOC holders) from specific DAMP requirements. The scope remains narrowly focused on facilitating international aviation operations while maintaining safety oversight, without expanding into broader regulatory areas."},"complexity_factors":["Multiple cross-references to CASR (Civil Aviation Safety Regulations) provisions including Subparts 99.B and 99.C, and regulations 99.050, 99.065, 99.070, 99.125, and 99.325","Nested conditional logic: exemptions apply only if specific notification requirements are met (section 4), and are subject to further conditions in section 6","Defined terms rely heavily on external legislation (Civil Aviation Act 1988 and CASR) plus 5 additional defined terms in the instrument itself","Complex employee categorisation requiring understanding of 'applicable SSAA', 'regular SSAA employee', and 'body sample donor' concepts","Multi-layered compliance obligations in section 6 with cascading consequences (subsection 6(5) has 3 nested conditions that must all be satisfied)","Exception to exemption structure (section 4(2)) creates conditional applicability"],"plain_english_summary":"This is a temporary exemption issued by the Civil Aviation Safety Authority (CASA) that lets foreign airlines (those flying into Australia but not operating domestic flights here) skip some of Australia's strict drug and alcohol testing rules.\n\n**What it does:**\n- **Exempts foreign airlines** from having to set up a full Australian-style Drug and Alcohol Management Plan (DAMP) — a formal system for testing aviation workers for drugs and alcohol.\n- **Sets alternative rules** these airlines must follow instead, including:\n  - Telling CASA who to contact in an emergency about a staff member being tested\n  - Providing staff details when asked\n  - Testing staff after accidents or when there's reason to suspect impairment\n  - Keeping staff who fail tests or refuse them off Australian flights until cleared\n\n**Who it affects:**\n- **Foreign airlines** holding an Air Operator's Certificate (AOC) that fly international routes to/from Australia but don't run domestic flights within Australia\n- **Their staff** who perform \"safety-sensitive aviation activities\" (SSAA) — basically, jobs where being impaired could cause an accident (pilots, engineers, air traffic controllers, etc.)\n\n**Why it matters:**\nNormally, anyone doing safety-sensitive work in Australian aviation needs to be covered by a DAMP with strict testing and identification rules. This exemption recognises that foreign airlines already have their own drug and alcohol programs in their home countries. Rather than forcing them to duplicate Australia's system, CASA allows them to use their own procedures — provided they meet certain minimum standards and can be contacted quickly if there's a problem.\n\nThe exemption runs from **1 March 2025 to 29 February 2028**."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/casa-ex19-25-casr-subpart-99-b-damp-requirements-for-foreign-air-transport-aoc-holders-exemption-202","history":"/api/acts/casa-ex19-25-casr-subpart-99-b-damp-requirements-for-foreign-air-transport-aoc-holders-exemption-202/history","analysis":"/api/acts/casa-ex19-25-casr-subpart-99-b-damp-requirements-for-foreign-air-transport-aoc-holders-exemption-202/analysis","conflicts":"/api/acts/casa-ex19-25-casr-subpart-99-b-damp-requirements-for-foreign-air-transport-aoc-holders-exemption-202/conflicts","importantCases":"/api/acts/casa-ex19-25-casr-subpart-99-b-damp-requirements-for-foreign-air-transport-aoc-holders-exemption-202/important-cases","documents":"/api/acts/casa-ex19-25-casr-subpart-99-b-damp-requirements-for-foreign-air-transport-aoc-holders-exemption-202/documents"}}