CASA 39/20 — Drug and Alcohol Testing by CASA under Subpart 99.C of CASR Instrument 2020
as amended
made under paragraph 99.130 (a), regulation 99.140, subregulation 99.145 (2), regulation 99.245 and subregulation 99.250 (3) of the Civil Aviation Safety Regulations 1998.
This compilation was prepared on 3 July 2025 taking into account amendments up to CASA 29/25 — CASA 39/20 (Drug and Alcohol Testing by CASA under Subpart 99.C of CASR) Amendment Instrument 2025. It is a compilation of CASA 39/20 — Drug and Alcohol Testing by CASA under Subpart 99.C of CASR Instrument 2020, as amended and in force on 3 July 2025.
Prepared by the Legal Services Branch, Legal, International and Regulatory Affairs Division, Civil Aviation Safety Authority, Canberra.
Compilation No. 2.
1 Name
This instrument is CASA 39/20 — Drug and Alcohol Testing by CASA under Subpart 99.C of CASR Instrument 2020.
4 Legislative instrument for drug and alcohol testing
This instrument is a legislative instrument providing for certain matters under Subpart 99.C of CASR.
5 Drug and alcohol testing
(1) For paragraph 99.130 (a) of CASR, I approve the breathalysers mentioned in Schedule 1 for use in alcohol testing under Subpart 99.C of CASR.
(2) For paragraph 99.130 (b) of CASR, I approve the drug testing devices mentioned in Schedule 2 for use in initial drug testing under Subpart 99.C of CASR.
(3) For regulation 99.140 of CASR, the procedures for an approved tester to take and prepare a body sample for drug testing under Subpart 99.C of CASR are set out in Schedule 3.
(4) For subregulation 99.145 (2) of CASR, storing, testing, maintaining and operating a drug testing device approved for use in an initial drug test under Subpart 99.C of CASR must be in accordance with Schedule 4.
(5) For regulation 99.150 of CASR, the method for determining sample identifiers to be allocated to body samples that approved testers take under Subpart 99.C of CASR and send for confirmatory drug tests is specified in Schedule 5.
(6) For regulation 99.245 of CASR, the procedures for an approved tester to take body samples for alcohol testing under Subpart 99.C of CASR are set out in Schedule 6.
(7) For subregulation 99.250 (3) of CASR, storing, testing, maintaining and operating a breathalyser approved for use in an initial alcohol test under Subpart 99.C of CASR must be in accordance with Schedule 7.
(8) For paragraph 99.445 (3) (b) of CASR, another standard to which the National Association of Testing Authorities may accredit a person if the person is to be approved by CASA to conduct confirmatory drug tests for the purposes of Part IV of the Civil Aviation Act 1988 (the Act) is declared in Schedule 8.
Schedule 1 Approved breathalysers
1 Approved breathalysers — initial alcohol testing
A breathalyser mentioned in an item in Table 1 is approved for use in initial alcohol testing.
Table 1
Item | Name of manufacturer | Name and model of breathalyser |
1 | Alcolizer Pty Ltd | Alcolizer LE5 |
2 Approved breathalysers — initial and confirmatory alcohol testing
A breathalyser mentioned in an item in Table 2 is approved for use in initial and confirmatory alcohol testing.
Table 2
Item | Name of manufacturer | Name and model of breathalyser |
1 | Drager Safety Pacific Pty Ltd | Drager Alcotest 9510 Aus |
Schedule 2 Approved drug testing device — initial drug testing
1 Approved drug testing device — initial drug testing
A drug testing device mentioned in an item in Table 1 is approved for use in initial drug testing.
Table 1
Item | Name of manufacturer | Name and model of drug testing device |
1 | Securetec Detektions-Systeme AG | DrugWipe 5S |
2 | Abbott | SoToxaTM |
Schedule 3 Procedures for taking and preparing body samples for drug testing
1 Procedures
The procedures for an approved tester to take and prepare a body sample for a drug test mentioned in an item of Table 1 are set out in the item.
Table 1
Item | Drug test | Procedures |
1(a) | For the conduct of Step 1 of an initial drug test using the DrugWipe 5S approved drug testing device | Step 1 — Taking body samples with the DrugWipe 5S approved testing device (the device): Having checked that the device has not passed its expiry date, the approved tester is to open the packaging and slide the cap in the direction of the arrow until the approved tester can read all of the word PRESS. The approved tester is to separate the sample collector (with sampling pads) of the device from the test cassette. The approved tester should not touch the sampling pads. The approved tester is then to ask the donor to moisten the inside of their cheeks by rolling the tongue around the inside of their mouth. The approved tester is then to ask the donor to hold the sample collector and apply moderate pressure in using the sample collector to collect saliva by wiping their tongue in a downward movement, or the interior of their cheek, ensuring the sampling pads are in contact with the tongue or cheek. The approved tester is to check sampling pads to confirm sufficient saliva has been successfully collected. Preparing body samples: Once a saliva sample has been obtained, the approved tester is to:
Within this time period, the display window on the device will show the control lines. If control lines do not appear on all control strips, the test result is not valid, and the device must be discarded. Within the time period mentioned above, if an indicator line, or part of an indicator line, does not appear in any of the segments containing an abbreviation code for a testable drug group, the test has resulted in a Step 1 screening negative.
The approved tester must not ignore any indicator line or part of an indicator line that first appears BEFORE 5 minutes have elapsed EVEN IF it goes on developing until 15 minutes have elapsed. If the test has resulted in a Step 1 screening negative, testing is complete at that point and Step 2 is not required. However, if, during the time period mentioned above, another indicator line or part of an indicator line DOES appear in any of the segments containing an abbreviation code for a testable drug group, the test has resulted in a Step 1 screening positive. Step 2 of the initial drug test is then to commence. Definitions For the purpose of preparing body samples for Step 1: part of an indicator line includes any indicator line that is faint, interrupted or irregular. Note This is the kind of line that having appeared in some form BEFORE 5 minutes have elapsed, may go on developing until 15 minutes have elapsed. testable drug group means the pharmacological grouping into which particular testable drugs fall, namely, the amphetamine group, the cannabis group, the cocaine group, and the opiates group. |
1(b) | For the conduct of Step 2 of an initial drug test using the Abbott SoToxaTM approved drug testing device | Step 2 – Taking body samples with the Abbott SoToxaTM testing device (the device):
Note The device will not be able to run start-up checks if a test cartridge is already inserted. Remove cartridge before turning on.
Preparing body samples:
however, if the result of the analysis is positive for any testable drug group, the test has resulted in a Step 2 screening positive for that testable drug group the result of the initial drug test is, therefore, a positive test result: – for each testable drug group which returned a positive result under Step 1; and – each testable drug group which returned a positive result under Step 2 The approved tester is to proceed to the procedures in item 2 as the case may be. Definition For the purpose of preparing body samples for confirmatory drug testing testable drug group means the pharmacological grouping into which particular testable drugs fall, namely, the amphetamine group, the cannabis group, the cocaine group, and the opiates group. |
2 | For the conduct of a confirmatory test on a further body sample taken under subregulation 99.170 (1), where the result of an initial drug test using the Abbott SoToxaTM approved drug testing device on an earlier body sample is a positive result | Taking body samples: The approved tester must:
Note If the Quantisal® Oral Fluid Collection kits are within date but the collection tubes have different batch numbers, the approved tester is to make a note of this on the Transmission to Lab form.
The approved tester is to ask the donor to:
If an indicator on a collector has not turned blue within 10 minutes, the approved tester may require the donor to place new collectors in the donor’s mouth until the indicator of each collector turns blue. Preparing body samples: Once a sufficient sample has been obtained, the approved tester must:
Note If tamper-evident seal A or B are damaged while fixing to transport tubes then tamper-evident seal C is to be used.
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Schedule 4 Procedures – approved drug testing device for use in initial drug testing – storing, testing, maintaining and operating the device
1 Procedures
Storing, testing, maintaining and operating a drug testing device approved for use in an initial drug test must be in accordance with Table 1 and Table 2.
Table 1 DrugWipe 5S
Activity | Procedures |
Storing | In a manner not inconsistent with the manufacturer’s instructions for storing the device, provided that compliance with any action recommended in those instructions is to be regarded as mandatory. |
Testing | In a manner not inconsistent with the manufacturer’s instructions for testing the device, provided that compliance with any action recommended in those instructions is to be regarded as mandatory. |
Maintaining | Maintenance is not required as the device is a one-use only device and is disposed of after use. |
Operating | In a manner not inconsistent with the manufacturer’s instructions for operating the device. |
Table 2 Abbott SoToxaTM
Activity | Procedures |
Storing | In a manner not inconsistent with the manufacturer’s instructions for storing the device, provided that compliance with any action recommended in those instructions is to be regarded as mandatory. |
Testing | In a manner not inconsistent with the manufacturer’s instructions for testing the device, provided that compliance with any action recommended in those instructions is to be regarded as mandatory. |
Maintaining | In a manner not inconsistent with the manufacturer’s instructions for maintaining the device, provided that:
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Operating | In a manner not inconsistent with the manufacturer’s instructions for operating the device, provided that:
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Schedule 5 Method — determining sample identifiers to be allocated to body samples
1 Method
The method for determining sample identifiers to be allocated to body samples that approved testers take under Subpart 99.C of CASR and send for confirmatory drug tests, is specified in this Schedule.
2 Provision of sample identification numbers by approving authority
CASA, or a person authorised in writing by CASA (the approving authority), must, from time to time, approve a group of sequences of sample identification numbers for each approved tester to use in accordance with this Schedule.
3 Provision of further sample identification numbers by approving authority
The approving authority must ensure that sufficient approved groups of sequences of sample identification numbers are available to ensure that each approved tester is assigned sufficient numbers to enable the approved tester to allocate a number to a body sample in accordance with clause 5 or 6.
4 Assignment of sample identification numbers to approved testers
(1) The approving authority must, from time to time, assign to an approved tester sample identification numbers from the group of sequences approved and in the order in which they were so approved.
(2) The approving authority must assign sufficient numbers to enable the approved tester to cover the number of confirmatory tests that may arise from the volume of initial drug tests anticipated to be undertaken by the approved tester during a period agreed between the approving authority and the approved tester.
(3) No sequence of numbers assigned by an approving authority to an approved tester may later be assigned by the approving authority to any other approved tester.
(4) The approving authority must maintain a record of each sequence of numbers assigned by it, and of the approved tester to whom it is assigned, and make that record available to CASA on request.
5 Allocation of sample identification numbers by approved tester
(1) When an approved tester conducts an initial drug test for which a positive result is recorded, the approved tester is to allocate to the body sample that is to be sent for a confirmatory drug test a sample identification number chosen from, and in the order in which it appears in, a sequence of numbers assigned by the approving authority to the approved tester.
(2) The approved tester is to add to the number so allocated the date of birth of the donor of the sample, expressed in the form “dd/mm/yy”, where “dd’ is a 2-digit designation of the day, “mm” is a 2-digit designation of the month, and “yy” is a 2-digit designation of the year.
(3) The combination of the allocated sample identification number and the donor’s date of birth constitutes the sample identifier mentioned in Subpart 99.C of CASR.
(4) Except for the purposes of clause 6, an approved tester is not to allocate the same sample identification number to more than 1 body sample.
6 Allocation of sample identification numbers to Sample A and Sample B
(1) When a body sample is divided by an approved tester into a Sample A and a Sample B, the same sample identification number is to be allocated to each of Sample A and Sample B when the samples are placed into separate specimen tubes.
(2) The allocated sample identification number (together with the donor’s date of birth) is to be placed on each such tube. The approved tester must ensure that 1 such tube is marked “Sample A” and the second such tube is marked “Sample B”.
7 Return of unused sample identification numbers
(1) When the approval of a person as an approved tester expires or is otherwise terminated, any sample identification numbers assigned to the tester and not allocated in accordance with clause 5 or 6 is to be returned to the approving authority that assigned them to the tester.
(2) The approving authority must note the return of assigned numbers in the record mentioned in subclause 4 (4).
Schedule 6 Procedures for taking body samples for alcohol testing
1 Procedures
The procedures for an approved tester to take body samples for alcohol testing using an approved breathalyser mentioned in an item in Table 1 are set out in the same item.
Table 1
Item | Alcohol test | Procedures |
1 | For the conduct of an initial alcohol test on a person using the Alcolizer LE5 (in this item, the device) | Taking body samples: The approved tester must first ask the donor if the donor has consumed anything in the preceding 15 minutes. If the donor advises that they have consumed anything in the preceding 15 minutes, the approved tester must request the donor not consume anything further (except water) until the testing, including confirmatory testing if necessary, is completed. The approved tester must inform the donor that if the donor consumes anything further (except water) until the testing, including confirmatory testing if necessary, is completed, it may be considered that the donor has refused, or failed to give, a body sample. If the donor has advised the approved tester that they have consumed something containing alcohol in the preceding 15 minutes, the approved tester must wait until at least 15 minutes have elapsed since the approved tester first asked the donor if they had consumed anything containing alcohol. Having turned on the device by pressing the Test Key or Up/Down buttons, the CASA logo with “Alcolizer LE5 alcohol tester” will appear for a period of 5 seconds prior to the test screen displaying. A soft clicking sound should be heard. This is normal and is the internal pumps self-test at start-up. The display will show “press to test” on the screen along with the date, time and battery status indicator. Note The approved tester may decide to start with a passive (no mouthpiece) initial test where the donor is required to talk into the end of the device. This is not advised in circumstances where the environment is windy or other environmental factors, such as other chemicals in the area, may affect the result. If the device detects any alcohol present, the device will automatically continue to the standard test (with mouthpiece) to complete the initial test. To conduct an initial drug test without a mouthpiece, “Test Type” is set to “Passive Standard”. The display will show “press passive test”. The approved tester is to hold the device no further than 5 cm in front of the donor’s mouth so that the subject is breathing or talking directly into the device’s sample inlet port throughout the passive test process. The approved tester is to ask the donor to talk (counting) or blow until the approved tester tells them to stop. The approved tester is to press the Test button while the donor is talking or if the device has not automatically taken a breath sample while the donor is blowing. The device will have 3 short beeps and clicks followed by a longer beep indicating the breath collection is complete. The approved tester is to ask the donor to stop talking or blowing. The device will display “Analysing Sample” until the result is shown. This can take a few seconds. If a “Pass No Alcohol” with a green background result is displayed, this indicates that no alcohol was detected and the initial alcohol test is a Negative result. The device will return to the “press passive test” display ready for the next test. If a “Warning Alcohol Present” with a red background, result is displayed, this indicates that alcohol was detected. Once the recovery period has ended the device automatically is enabled to take a Standard test using a mouthpiece. Standard Test The approved tester must then attach a mouthpiece to the device by following the instructions set out by the manufacturer:
The donor may remove the remaining portion of the plastic wrap just prior to testing to ensure hygienic use. Note A new mouthpiece must be used for every mouthpiece test. Press the Test key and the device will perform a background self-test and display “Please Wait…” on the screen. When ready, the device will display “Blow” with the airflow and time graph on the screen. |
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| The donor must be asked to take a deep breath, hold it, and then place the lipped end of the mouthpiece in their mouth, sealing their lips around it. The donor must then be asked to blow steadily and continuously until requested to stop blowing by the approved tester. As the donor commences to provide a sample, “Blow” will be displayed with an airflow graph and a sample progress bar and a continuous audible beeping tone will be emitted. A sufficient sample is necessary for the sample to be analysed. On the provision of a sufficient sample, an audible click is heard and a long tone from the device. At this time, the donor is to be requested to stop blowing. The device will then show a half blue and half white screen with “Analysing Sample” displayed along with a circular indicator. On the completion of the analysis of the sample, indicated by “please wait” ceasing to appear on the display screen, a reading will appear of either “PASS” and a green screen background indicating a NEGATIVE result or “Warning Alcohol Present” with a red screen background indicating a POSITIVE result. |
2 | For the conduct of a confirmatory test on a further body sample of the person using the Drager Alcotest 9510 Aus (in this item, the device) | Taking body samples: The approved tester must take a further breath sample for a confirmatory alcohol test as soon as practicable, but not sooner than 15 minutes from the time that the initial alcohol test sample was taken. If the approved tester forms a view that the tester cannot be sure that the donor has not consumed something containing alcohol since giving the initial sample, the approved tester must wait until at least 15 minutes have elapsed since the approved tester formed that view. The approved tester must then proceed to give the donor a further breath test. When taking the breath sample, the approved tester must ensure that the following procedure is followed:
Note During the warm-up period, the device will conduct a series of internal system checks. After all tests have been conducted and the complete system is verified, the device will begin to warm up and indicate on the screen “WARMING UP”
Note After a period of 2 minutes of a beeping alert tone to provide breath, if a breath sample is not obtained, the device displays “READINESS TO BLOW EXPIRED” and the device will re-set to “PLEASE BLOW”. The device will re-set 3 times before the test will be discontinued. Each unsuccessful attempt is recorded on the certificate with “TEST DISCONTINUED” printed at the bottom of the certificate.
A Sufficient volume of breath given:
Note CASA will consider and advise the donor of the legal implications of the failure to provide a sample. B. Sufficient volume of breath not given:
Note Device will conduct 3 unsuccessful tests before cancelling the entire testing and returning to the ready screen. Each unsuccessful attempt is recorded on the certificate with “TEST DISCONTINUED” printed at the bottom of the certificate.
Note CASA will consider and advise the donor of the legal implications of the failure to provide a sample |
Schedule 7 Procedures – approved breathalyser for use in initial or confirmatory alcohol testing – storing, testing, maintaining and operating the breathalyser
1 Procedures
Storing, testing, maintaining and operating a breathalyser approved for use in an initial alcohol test must be in accordance with Table 1.
Table 1
Item | Approved breathalyser | Procedures |
1 | Alcolizer LE5 | Storing: The device is to be stored in clean and dry conditions and not exposed to extreme weather conditions. Testing: The device is to be tested in a manner not inconsistent with the manufacturer’s instructions (as they exist from time to time) provided that compliance with any action recommended by the manufacturer in the instructions is mandatory. Maintaining: The device is to be maintained in a manner not inconsistent with the manufacturer’s instructions for use of the device (as they exist from time to time) provided that compliance with any action recommended in those instructions is to be regarded as mandatory. The device is to be cleaned only with a slightly damp cloth and not exposed to cleaning products that contain solvents. Operating: The device is to be operated in a manner not inconsistent with the manufacturer’s instructions for use of the device (as they exist from time to time) provided that:
– Test Type is set to Standard (mouthpiece) testing or Passive Standard testing – Digital Display Mode is set to Reveal – Display Format is set to PASS or Warning Alcohol Present – Measurement ratio is set to 2100:1 – Display Mask is set to declare a result at or below 0.009 as PASS – Breath Sampling Parameters are set to be:
– Display Reset Time is set to 10 seconds – Calibration Lock is to render the device inactive if the Sample Module recalibration has not been undertaken within the last 12 months – The Sampling Module may be swapped by the User/Tester and as per Alcolizer Pty Ltd replacement procedures
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2 | Drager Alcotest 9510 Aus | Storing: The device is to be stored in its travel case in clean and dry conditions and not exposed to extreme weather conditions. Testing: The device is to be verified to National Measurement Institute standard R126 so that after verification only the time and date may be varied, or the location of testing inserted, by another person. The verification is to be conducted in a manner not inconsistent with the manufacturer’s instructions provided that compliance with any action recommended in those instructions is to be regarded as mandatory. Maintaining: The device is to be maintained in a manner not inconsistent with the manufacturer’s instructions for use of the device, provided that compliance with any action recommended in those instructions is to be regarded as mandatory. The device is to be cleaned only with a slightly damp cloth and not exposed to cleaning products that contain solvents. Operating: The device is to be operated in a manner not inconsistent with the manufacturer’s instructions for use of the device, provided that:
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Schedule 8 Another standard – National Association of Testing Authorities accreditation – confirmatory drug tests
1 Another standard for confirmatory drug test accreditation
(1) Another standard to which the National Association of Testing Authorities may accredit a person if the person is to be approved by CASA to conduct confirmatory drug tests for the purposes of Part IV of the Act, is declared in subclause (2).
(2) ISO/IEC 17025-2005, General requirements for the competence of testing and calibration laboratories, being the international standard so numbered as in force from time to time and published jointly by the International Organisation for Standardization and the International Electrotechnical Commission, as applied by the National Association of Testing Authorities in the field of Forensic Services on the recommendation of the Forensic Science Accreditation Advisory Committee.
Note to CASA 39/20 — Drug and Alcohol Testing by CASA under Subpart 99.C of CASR Instrument 2020
CASA 39/20 — Drug and Alcohol Testing by CASA under Subpart 99.C of CASR Instrument 2020 (in force under regulation 99.140 of the Civil Aviation Safety Regulations 1998) as shown in this compilation comprises CASA 39/20 — Drug and Alcohol Testing by CASA under Subpart 99.C of CASR Instrument 2020 amended as indicated in the tables below.
Table of instruments
Title | Date of FRLI registration | Date of | Application, saving or |
CASA 39/20 — Drug and Alcohol Testing by CASA under Subpart 99.C of CASR Instrument 2020 | 3 August 2020 | 4 August 2020 | — |
CASA 69/24 — CASA 39/20 (Drug | 10 December 2024 | 11 December 2024 | — |
CASA 29/25 — CASA 39/20 (Drug | 2 July 2025 | 3 July 2025 | — |
Table of amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
Provision affected | How affected |
s. 2 | rep. Legislation Act 2003, s 48D |
s. 3 | rep. Legislation Act 2003, s. 48C |
Schedule 1, Table 1 | rs. F2025L00822 |
Schedule 3, Table 1 | am. F2024L01627 |
Schedule 4, Table 2 | am. F2025L00822 |
Schedule 6, Table 1 | am. F2025L00822 |
Schedule 7, Table 1 | am. F2025L00822 |