Commonwealth legislation

CASA EX26/09 – Exemption – CASR Part 99 Standard for drug testing

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

3/10 complexity

This temporary exemption (23 Mar–22 Sep 2009) allowed aviation organisations with a Drug and Alcohol Management Plan to bypass certain laboratory‑quality verification steps when conducting oral‑fluid and urine drug tests. It gave airlines and related businesses a six‑month relief from specific technical compliance requirements tied to new testing rules in CASR Part 99, easing implementation burdens.

JSON API Aviation / CASA instruments

Deep dive

Want the full deep dive?

Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.

Current sections

Direct links to the current provisions in CASA EX26/09 – Exemption – CASR Part 99 Standard for drug testing.

CASA EX26/09 – Exemption – CASR Part 99 Standard for drug testing

View image in the official sourceInstrument number CASA EX26/09

I, JOHN FRANCIS McCORMICK, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).

[Signed John F. McCormick]

John F. McCormick
Director of Aviation Safety and
Chief Executive Officer

20 March 2009

Exemption — CASR Part 99 Standard for drug testing

1 Commencement

This instrument:

(a) commences on 23 March 2009; and

(b) stops having effect at the end of 22 September 2009.

2 Definitions

In this instrument;

oral fluid Standard means the relevant Standard mentioned in paragraph (c) of the definition of relevant Standard in subregulation 99.010 (1) of CASR 1998.

urine Standard means the relevant Standard mentioned in paragraph (d) of the definition of relevant Standard in subregulation 99.010 (1) of CASR 1998.

3 Application to an organisation’s DAMP

This instrument applies to drug testing under the drug and alcohol management plan (DAMP) of an organisation to which Subpart 99.B of CASR 1998 applies.

4 Exemption — quality control procedures for oral fluid and urine testing

The organisation’s DAMP is exempt from compliance with subparagraphs 99.050 (1) (a) (ii) and (iii) of CASR 1998 to the extent mentioned in section 5.

5 Extent of exemption

The exemption in section 4 extends only to the requirement for compliance with:

(a) the quality control procedures mentioned in paragraph (d) and the subsequent 5 paragraphs of subsection 3.2 of the oral fluid Standard; and

(b) the verification procedures mentioned in the following parts of the urine Standard:

(i) paragraph 1.3.36, Verification of on-site procedures;

(ii) Appendix B, Verification of performance of on-site devices around the cut-off (normative).

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 CASA EX26/09 – Exemption – CASR Part 99 Standard for drug testing

Instrument number CASA EX26/09