CASA 151/12 - Amendment of instrument CASA 125/09 - Drug and alcohol testing by CASA under Subpart 99.C of CASR 1998

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Legislation au F2012L01057 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Amendment of instrument CASA 125/09 — Drug and alcohol testing by CASA under Subpart 99.C of CASR 1998

 

Legislation

Under subsection 9 (1) of the Civil Aviation Act 1988 (the Act), CASA has the function of conducting the safety regulation of civil air operations by means that include administering Part IV of the Act.

 

Part IV of the Act includes section 34. Under section 34, regulations may make provision for drug and alcohol management plans (DAMPs) for people who perform safety-sensitive aviation activities, and for CASA to conduct drug and alcohol testing of such people.

 

Subsection 98 (1) of the Act additionally provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

Legislative instrument under CASR Part 99

Under certain provisions of CASR Part 99, CASA may make a legislative instrument for the purposes of conducting random drug and alcohol testing.

 

Thus, under regulation 99.130 of CASR 1998, for drug and alcohol testing under Subpart 99.C, CASA may, by legislative instrument, approve breathalysers for use in alcohol testing, and drug testing devices for use in initial drug testing.

Under regulation 99.140 of CASR 1998, an approved tester must take and prepare a body sample for drug testing in accordance with the procedures set out in a

legislative instrument made by CASA for the purposes of the regulation.

 

Under subregulation 99.145 (2) of CASR 1998, an approved tester must ensure that the approved drug testing device is stored, tested, maintained and operated in accordance with the legislative instrument made by CASA for the purposes of the subregulation.

 

Under regulation 99.150 of CASR 1998, CASA must, by legislative instrument, specify a method for determining sample identifiers that are to be allocated to body samples that approved testers take under Subpart 99.C and send for confirmatory drug tests.

 

Under regulation 99.245 of CASR 1998, an approved tester must take body samples for alcohol testing in accordance with the procedures set out in a legislative

instrument made by CASA for the purposes of the regulation.

 

Under subregulation 99.250 (3) of CASR 1998, an approved tester must ensure that the breathalyser is stored, tested, maintained and operated in accordance with a

legislative instrument made for the purposes of the subregulation.

 

Under paragraph 99.445 (3) (b) of CASR 1998, CASA may approve a person to conduct confirmatory drug tests for the purposes of Part IV of the Act if the National

Association of Testing Authorities accredits the person to AS 4760, Procedures for specimen collection and the detection and quantitation of drugs in oral fluid, or to

another Standard that is declared by CASA in a legislative instrument made for the purposes of the paragraph.

 

Background

CASA has issued a legislative instrument, CASA 125/09, for the purposes of the provisions mentioned above to enable drug and alcohol testing to be carried out. The legislative instrument provided for initial drug testing to be conducted using the approved Cozart DDS testing device. CASA decided (instrument CASA 263/09) to refine the initial drug test procedures by introducing a 2-step initial drug testing process comprising 2 screening tests. These are Step 1 using the DrugWipe 5+ approved testing device, and Step 2 using the approved Cozart DDS testing device. Approved testing device DrugWipe 5+ is no longer being manufactured and has been replaced with an upgraded model DrugWipe 5S. The instrument is amended by substituting DrugWipe 5S for the DrugWipe 5+, wherever occurring.

 

Legislative Instruments Act 2003 (the LIA)

The various provisions of CASR Part 99 mentioned above, under which the Amendment was made expressly, indicate that the matters are to be provided for by legislative instrument.

 

Subsection 15AE (1) of the Acts Interpretation act 1901 provides that if a provision of a law requires or permits an instrument that is described as a legislative instrument to be made, then the instrument so made is a legislative instrument for the purposes of the LIA.

 

The instrument is, therefore, a legislative instrument, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

As with the legislative instrument itself, consultation under section 17 of the LIA has not been considered necessary for the Amendment. The Amendment is of a minor or machinery nature and does not substantially alter existing arrangements.

 

Office of Best Practice Regulation (OBPR)

A preliminary assessment of business compliance costs indicates that the legislative instrument, as such, will have no cost impact on business. A Regulatory Impact Statement was required for the Civil Aviation Safety Amendment Regulations 2008 (No. 1) (the initial making of Part 99 of CASR 1998) and, accordingly, CASA prepared RIS ORR ID: 8301A at that time which was accepted by OBPR.

 

Human Rights Compatibility

This instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.

 

Commencement and making

The instrument commences on the day after it is registered. It has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.

 

[Instrument number CASA 151/12]

Overview

The Civil Aviation Safety Regulations 1998, as amended by CASA 125/09, were enacted to establish a framework for drug and alcohol testing in the aviation industry. This legislation was introduced to address the need for stringent safety measures to prevent drug and alcohol-related incidents in civil aviation. The Civil Aviation Safety Amendment Regulations 2008 (No. 1) empowered the Civil Aviation Safety Authority (CASA) to make regulations concerning drug and alcohol testing for individuals involved in safety-sensitive aviation activities. The regulations, including CASA 125/09, were made under the authority granted by the Civil Aviation Act 1988, which allows CASA to administer drug and alcohol management plans and conduct testing. The policy objective behind these regulations is to enhance aviation safety by ensuring that personnel involved in safety-sensitive roles are tested for drugs and alcohol, thereby mitigating potential risks to public safety. The legislative instrument CASA 125/09, which was subsequently amended by CASA 151/12, specifies the procedures and devices for initial drug testing and breathalyser use, ensuring that these processes comply with stringent regulatory standards.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR) apply to the safety regulation of civil aviation activities within Australia, specifically concerning drug and alcohol management plans (DAMPs) and testing for individuals performing safety-sensitive aviation activities. These regulations are underpinned by the Civil Aviation Act 1988, which empowers the Civil Aviation Safety Authority (CASA) to administer these aspects. The Act applies to persons and entities involved in civil aviation activities, including pilots, air traffic controllers, and other aviation personnel who perform safety-sensitive functions. The geographic reach of these regulations is national, as they apply across Australia. The regulations also permit CASA to create subordinate instruments to detail specific procedures and requirements for drug and alcohol testing. In this context, CASA 125/09 was issued to facilitate drug and alcohol testing, and an amendment (CASA 263/09) has updated the initial drug testing procedures by introducing a two-step process using approved devices. These legislative instruments are subject to the Legislative Instruments Act 2003, which governs the creation and effect of such instruments.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) under Part 99, particularly Subpart 99.C, outline the regulatory framework for drug and alcohol testing within the civil aviation industry. Specifically, section 99.130 allows the Civil Aviation Safety Authority (CASA) to approve breathalysers for alcohol testing and drug testing devices for initial drug testing (99.140). It mandates that approved testers must adhere to the procedures set forth by CASA for taking and preparing body samples for drug and alcohol testing (99.140, 99.245). The regulations also require testers to store, test, maintain, and operate the approved devices in accordance with CASA’s legislative instruments (99.145(2), 99.250(3)). Additionally, CASA must specify a method for determining sample identifiers for body samples sent for confirmatory drug tests (99.150). The obligations imposed by these regulations include strict adherence to CASA-approved procedures and devices for drug and alcohol testing. Approved testers must ensure that they follow CASA’s protocols for collecting, preparing, and handling body samples. This includes the use of approved devices and adherence to specific storage and maintenance guidelines. CASA’s role involves approving the devices and methods used, as well as specifying the procedures for sample identifiers in confirmatory testing. Breach of these regulations can lead to significant consequences. While the specific penalties are not detailed in the explanatory statement, non-compliance with CASA’s legislative instruments could result in civil or criminal penalties under the Civil Aviation Act 1988. Such penalties could include fines or other enforcement actions, depending on the nature and severity of the breach. The regulations are designed to ensure that the safety of civil aviation operations is not compromised by drug and alcohol use, thereby upholding the high safety standards required in the industry.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.