{"id":"F2023L01108","name":"CASA EX86/23 — DAMP Requirements for Maintenance Organisations Outside Australian Territory Exemption 2023","slug":"casa-ex86-23-damp-requirements-for-maintenance-organisations-outside-australian-territory-exemption-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104743,"registerId":"commonwealth-F2023L01108-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA EX86/23 — DAMP Requirements for Maintenance Organisations Outside Australian Territory Exemption 2023","content":"Instrument number CASA EX86/23\n\nI, Daniel bernard o’hagan, Manager, Legislative Drafting, Legal, International & Regulatory Affairs Division, 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  \nManager, Legislative Drafting  \nLegal, International & Regulatory Affairs Division\n\n22 August 2023\n\nCASA EX86/23 — DAMP Requirements for Maintenance Organisations Outside Australian Territory Exemption 2023\n\n1 Name\n\nThis instrument is CASA EX86/23 — DAMP Requirements for Maintenance Organisations Outside Australian Territory Exemption 2023.\n\n2 Duration\n\nThis instrument:\n\n(a) commences on 1 September 2023; and\n\n(b) is repealed at the end of 31 August 2026.\n\n3 Definitions\n\n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: CAR, CASR and Part 145 organisation.\n\nIn this instrument:\n\n> applicable SSAA has the meaning given by regulation 99.010 of CASR.\n\n> DAMP or drug and alcohol management plan has the meaning given by regulation 99.010 of CASR.\n\n> DAMP organisation has the meaning given by regulation 99.010 of CASR.\n\n> SSAA has the meaning given by regulation 99.010 of CASR.\n\n> SSAA employee, in relation to a DAMP organisation, has the meaning given by regulation 99.010 of CASR.\n\n4 Exemption\n\n(1) This section applies to a DAMP organisation in relation to the maintenance of Australian aircraft or aeronautical products outside Australian territory, if:\n\n(a) the organisation is:\n\n(i) the holder of a certificate of approval, within the meaning of subregulation 2(1) of CAR; or\n\n(ii) a Part 145 organisation; and\n\n(b) the organisation has not developed and implemented a DAMP that covers the performance of an applicable SSAA outside Australian territory.\n\n(2) The DAMP organisation is exempt from compliance with regulations 99.030, 99.035 and 99.040 of CASR in relation to its SSAA employees who perform or are available to perform an applicable SSAA.\n\n(3) The exemption is subject to the conditions mentioned in section 5.\n\n5 Conditions\n\n(1) The DAMP organisation must implement measures to ensure that a person performing the applicable SSAA is not affected by alcohol.\n\n(2) The DAMP organisation must implement measures to ensure that a person performing the applicable SSAA is not affected by a testable drug unless the testable drug is in the form of medication that:\n\n(a) the person is taking under the direction and supervision of a medical practitioner registered to practice medicine in the place where the person is performing the applicable SSAA; and\n\n(b) is of a kind that does not affect the person’s performance of SSAA in a way that could affect the safety of air navigation.\n\n(3) The DAMP organisation must notify CASA in writing of the measures it has implemented within 28 days of implementing the measures.","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope. It was clearly intended as a targeted, time-limited exemption for specific maintenance organisations operating outside Australian territory, and it does exactly that without expanding into broader policy areas."},"complexity_factors":["Short instrument: only 5 sections plus definitions","Minimal defined terms: only 5 definitions, all referencing existing regulations rather than creating new concepts","Simple conditional structure: single exemption trigger in section 4(1) with two straightforward criteria","No nested exceptions: the conditions in section 5 are standalone requirements without sub-exceptions","Limited cross-referencing: only references to regulations 99.030, 99.035, 99.040 and 99.010 of CASR, plus subregulation 2(1) of CAR","Clear temporal boundaries: fixed commencement and repeal dates","Single purpose instrument: exemption with conditions, no ancillary provisions"],"plain_english_summary":"This CASA exemption temporarily lets Australian-approved aircraft maintenance organisations performing safety‑sensitive work on Australian aircraft or parts outside Australia be exempt from three specific Australian drug-and-alcohol testing/plan rules. \n\nThey must instead implement measures to prevent impairment by alcohol and drugs (with allowances for supervised prescription meds) and notify CASA in writing within 28 days. The exemption runs 1 Sep 2023–31 Aug 2026."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument narrows the scope of standard DAMP obligations for specified maintenance organisations when performing applicable SSAA outside Australian territory by exempting them from CASR regs 99.030, 99.035 and 99.040, while imposing alternative minimum measures and a notification requirement (see ss.4–5). The effect is a temporary, geographically-limited reduction in regulatory scope from the usual CASR requirements for the listed organisations between 1 Sep 2023 and 31 Aug 2026 (see s.2)."},"complexity_factors":["Cross-reference to multiple CASR provisions and defined terms (DAMP, applicable SSAA, SSAA employee) outside the instrument increases interpretive steps.","Conditional exemption dependent on organisational status (certificate of approval or Part 145) and geographic scope (outside Australian territory) narrows applicability (see s.4).","Prescriptive but limited safety conditions: alcohol prohibition, drug exceptions tied to local medical practitioner supervision and safety effects require case-by-case medical assessment (see s.5(1)–(2)).","Administrative compliance: written notification to CASA within 28 days creates a deadline-sensitive reporting obligation (see s.5(3)).","Temporal limit of the instrument (commencement and repeal dates) requires monitoring for expiry or renewal (see s.2)."],"plain_english_summary":"This instrument temporarily exempts certain approved maintenance organisations that service Australian aircraft outside Australian territory from some CASR drug-and-alcohol-management-plan (DAMP) rules, subject to conditions. It applies to holders of a certificate of approval or Part 145 organisations and runs from 1 September 2023 to 31 August 2026.\n\nAffected organisations must still implement alcohol- and drug-control measures, permit specified medical exceptions, and notify CASA within 28 days of implementing those measures — placing the compliance cost and operational decisions on the maintenance organisations (see ss.4–5)."}},"importantCases":[],"_links":{"self":"/api/acts/casa-ex86-23-damp-requirements-for-maintenance-organisations-outside-australian-territory-exemption-","history":"/api/acts/casa-ex86-23-damp-requirements-for-maintenance-organisations-outside-australian-territory-exemption-/history","analysis":"/api/acts/casa-ex86-23-damp-requirements-for-maintenance-organisations-outside-australian-territory-exemption-/analysis","conflicts":"/api/acts/casa-ex86-23-damp-requirements-for-maintenance-organisations-outside-australian-territory-exemption-/conflicts","importantCases":"/api/acts/casa-ex86-23-damp-requirements-for-maintenance-organisations-outside-australian-territory-exemption-/important-cases","documents":"/api/acts/casa-ex86-23-damp-requirements-for-maintenance-organisations-outside-australian-territory-exemption-/documents"}}