CASA EX66/18 — Implementation of Drug and Alcohol Management Plans (Micro-businesses) Exemption 2018 (Cth)

Instrument number CASA EX66/18

I, graeme mills crawford, Group Executive Manager, Aviation, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed G.M. Crawford]

Graeme M. Crawford
Group Executive Manager, Aviation

30 May 2018

CASA EX66/18 — Implementation of Drug and Alcohol Management Plans (Micro-businesses) Exemption 2018

1          Name

                 This instrument is the CASA EX66/18 — Implementation of Drug and Alcohol Management Plans (Micro-businesses) Exemption 2018.

2          Duration

                 This instrument:

(a)   commences on 1 June 2018; and

(b)   is to be repealed at the end of 31 May 2020.

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: applicable SSAA, DAMP contact officer, DAMP contractor, DAMP or drug and alcohol management plan, DAMP organisation, employee, SSAA.

                 In this instrument:

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 As at commencement of this instrument, it was available at

generic SSAA means the SSAA mentioned in paragraphs (e), (f), (h), (i), (j), (k) and (l) of regulation 99.015 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)not engaged in and does not provide services to, any regular public transport operation.

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.

4          Exemption

        (1)     A micro-business is exempt from compliance with each provision of Subpart 99.B of CASR.

Note   The exemption does not apply if the number of micro-business employees is more than 10 — see definition of micro-business.

        (2)     The exemption is subject to the conditions in section 5.

5          Conditions

        (1)     The micro-business must:

(a)   if existing at the date of commencement of this instrument — by the end of 30 June 2018:

             (i)  adopt as its DAMP a DAMP in the form of the CASA Micro-business DAMP, as it exists on the date this instrument commences; and

            (ii)  give CASA a copy of the adopted DAMP; and

           (iii)  tell CASA, in writing, the name and contact details of its DAMP contact officer; and

(b)if it came into existence after the date of commencement of this instrument:

             (i)  immediately adopt as its DAMP a DAMP in the form of the CASA Micro-business DAMP; and

            (ii)  within 14 days of its adoption — give CASA a copy of the adopted DAMP and tell CASA, in writing, the name and contact details of its DAMP contact officer.

Note   The CASA Micro-business DAMP is as existing from time to time — see definition of CASA Micro-business DAMP.The micro-business must, therefore, adopt a DAMP in the form of the latest version of the CASA Micro-business DAMP published by CASA.

        (2)     If the micro-business receives a notice from CASA to adopt a DAMP in the form of a new version of the CASA Micro-business DAMP, the micro-business must, within 28 days of receiving the notice, adopt as its DAMP a DAMP in the form of the CASA Micro-business DAMP, as it exists on the date the notice was received.

        (3)     The micro‑business must, as if the DAMP of the micro-business were a DAMP referred to in CASR:

(a)   fully cooperate with CASA for regulations 99.090 and 99.095 of CASR; and

(b)   at all times comply with the terms of its DAMP.

        (4)     For subsections 5 (1) and (2), a DAMP must be adopted in writing and signed by the most senior executive manager of the business (however described).