EXPLANATORY STATEMENT
Legislative Instrument Civil Aviation AOD 2008/1
Issued by the authority of the Minister for Infrastructure, Transport, Regional Development and Local Government
Civil Aviation Act 1988
Section 34 of the Civil Aviation Act 1988 (the Act) provides that regulations may make provision for, and in relation to, the development, implementation and enforcement of drug and alcohol management plans (DAMPs) covering persons who perform, or are available to perform, safety-sensitive aviation activities (SSAAs), and for and in relation to drug and alcohol tests to be conducted by the Civil Aviation Safety Authority (CASA) in respect of persons who perform, or are available to perform, SSAAs. Subsection 9(1) of the Act specifies that CASA has the function of conducting safety regulation of civil air operations by means that include administering Part IV of the Act (which includes section 34).
Subsection 33(1) of the Act provides that a drug or alcohol test means:
(a) a test of a body sample of a person to determine the presence (if any), but not the level, of alcohol or a testable drug in the sample; or
(b) a test of a body sample of a person to determine the presence (if any), and the level, of alcohol or a testable drug in the sample.
The definition of testable drug in subsection 33(1) of the Act is ‘a drug specified in an instrument under subsection (2)’. Subsection 33(2) of the Act provides that the Minister may, by legislative instrument, specify a drug for the purposes of the definition of testable drug in subsection (1).
This instrument specifies drugs for the purposes of the definition of testable drug in subsection 33(1) of the Act.
1 Commencement
Section 1 provides that this instrument will commence on the day after it is registered.
2 Application
Section 2 provides that the following drugs are testable drugs for the purposes of the Act:
Morphine
Codeine
6-Acetyl morphine
Amphetamine
Methylamphetamine
Methylenedioxymethylamphetamine
Methylenedioxyamphetamine
Δ9-tetrahydrocannabinol 10
Cocaine
Benzoylecgonine
Ecgonine methyl ester