CASA EX42/26 — Implementation of Drug and Alcohol Management Plans (Micro‑businesses and DAMP Organisations) Exemption 2026 - Legislation

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA EX42/26 — Implementation of Drug and Alcohol Management Plans (Micro‑businesses and DAMP Organisations) Exemption 2026

Purpose

The purpose of CASA EX42/26 — Implementation of Drug and Alcohol Management Plans (Micro‑businesses and DAMP Organisations) Exemption 2026 (the instrument) is to renew the exemptions in instrument CASA EX56/23 — Implementation of Drug and Alcohol Management Plans (Micro‑businesses and DAMP Organisations) Exemption 2023 (CASA EX56/23). The instrument continues to:

(a) exempt a certain kind of small organisation (defined in the instrument as a micro‑business) from the Civil Aviation Safety Regulations 1998 (CASR) requirement to develop and implement a drug and alcohol management plan (DAMP) under Subpart 99.B of CASR if the micro-business complies with a particular condition set out in the instrument. Under that condition, the micro‑business must instead adopt a DAMP in the form that has been specially prepared and simplified by the Civil Aviation Safety Authority (CASA), defined in the instrument as CASA Micro‑business DAMP; and

(b) exempt a DAMP organisation from compliance with regulations 99.035 and 99.040 and paragraph 99.045(d) of CASR (defined in the instrument as exempted provisions):

(i) in stated circumstances relating to emergencies or services received under contract; and

(ii) to the extent that the exempted provisions require the DAMP organisation to implement a DAMP in relation to a safety‑sensitive aviation activity (SSAA) employee’s performance of, or availability to perform, an applicable SSAA for the DAMP organisation.

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor‑General to make regulations for the Act and in the interests of the safety of air navigation. Relevantly, the Governor‑General has made CASR.

Drug and alcohol management plans

Key terms, used in the instrument, are defined in subregulation 99.010(1) of CASR as follows:

applicable SSAA means a SSAA to which Part 99 of CASR applies under regulation 99.015 of CASR. Applicable SSAA are specified in subregulation 99.015(2), and include activities on the “airside” of an aerodrome (that is, the tarmac and related areas) as well as flight crew duties, maintenance, aircraft refuelling, security, baggage handling and air traffic control.
DAMP or drug and alcohol management plan means a drug and alcohol management plan that complies, or purports to comply, with the requirements of regulation 99.045 of CASR.
DAMP organisation means a person that is required to have a DAMP under subregulation 99.030(1) of CASR.
DAMP supervisor, in relation to a DAMP organisation, means a person who:

(a) has had relevant training to form an opinion as to whether a person may be adversely affected by a testable drug or under the influence of alcohol; and

(b) is authorised by the organisation to do so for the purposes of paragraph 99.050(2)(c) of CASR.

employee, in relation to a DAMP organisation, includes a DAMP contractor of the DAMP organisation. The term DAMP contractor is also defined in subregulation 99.010(1) of CASR.
SSAA employee, in relation to a DAMP organisation, means an employee of the DAMP organisation who performs or is available to perform an applicable SSAA.

Each provision mentioned in the remainder of this section is a provision of CASR.

Under subregulation 99.030(1), an organisation must develop a DAMP that complies with regulation 99.045 if:

(a) the organisation:

(i) has an employee who performs or is or is available to perform a SSAA; or

(ii) has a contractor (including the employee of, or a subcontractor for, the contractor) who performs or is or is available to perform a SSAA; and

(b) the organisation is listed in subregulation (2).

The organisations listed in subregulation 99.030(2) include, but are not limited to, air operator’s certificate holders, maintenance organisations, aerodrome certificate holders and air traffic service providers.

Under subregulation 99.035(1), a person who is required to develop a DAMP must implement a DAMP by:

(a) giving effect to regulation 99.080; and

(b) making the DAMP available to the person’s SSAA employees, as required by Subpart 99.B.

Regulation 99.040 deals with the requirement for a DAMP organisation to make its DAMP available to its SSAA employees.

Under paragraph 99.045(a), a DAMP organisation’s DAMP must apply to all SSAA employees of the organisation, and state each category of the organisation’s SSAA employees covered by the DAMP.

Generally, DAMP organisations must assume drug and alcohol responsibility for their contractors (and sub‑contractors) who are to be treated as employees for that purpose (employee is defined in subregulation 99.010(1) to include DAMP contractors).

Under paragraph 99.045(b), a DAMP must include, and set out details of, the following:

(a) a drug and alcohol education program;

(b) a drug and alcohol testing program that meets the requirements specified in regulations 99.050, 99.055 and 99.060;

Under paragraph 99.045(d), a DAMP organisation’s DAMP must be implemented as required by regulation 99.080 and set out the details of those requirements.

Regulations 99.035 and 99.040 and paragraph 99.045(d) are referred to in the instrument as the exempted provisions.

Broadly, regulations 99.050, 99.055, 99.060, 99.065, 99.070 and 99.075 specify the following requirements:

(a) regulation 99.050 — requirements for drug and alcohol testing;

(b) regulation 99.055 — requirements relating to a DAMP medical review officer;

(c) regulation 99.060 — requirements relating to use of testing devices in a way that is not inconsistent with the instructions of the manufacturer of those devices;

(d) regulation 99.065 — requirements that a DAMP organisation must not permit:

(i) an employee to perform, or be available to perform, an applicable SSAA in any of the circumstances mentioned in subregulation 99.065(1); and

(ii) a SSAA employee to perform, or be available to perform, an applicable SSAA in any of the circumstances mentioned in subregulation 99.065(2);

(e) regulation 99.070 — requirements that a DAMP organisation must only permit a SSAA employee to again begin performing or being available to perform an applicable SSAA if the circumstances set out in subregulation 99.070(2) apply;

(f) regulation 99.075 — the requirement that a DAMP organisation must, if the circumstances set out in subsection 99.075(1) apply, permit a particular kind of SSAA employee of the organisation – described in subregulation 99.075(2) – time to attend a nominated drug or alcohol intervention program.

The next 3 paragraphs describe regulations 99.055 and 99.065 in more detail.

Under regulation 99.055, a DAMP must include a requirement that the DAMP organisation must consult a DAMP medical review officer:

(a) if a drug test conducted under the DAMP returns a confirmatory drug test result for a SSAA employee of the organisation that is a positive result — to determine if the presence and level of a testable drug detected by the test could be the result of legitimate therapeutic treatment or some other innocuous source; and

(b) to review medical information concerning a person’s failure to give a body sample for drug or alcohol testing because of a medical condition; and

Under subregulation 99.065(1), a DAMP must include the requirement that the DAMP organisation must not permit an employee to perform an applicable SSAA in the following circumstances:

(a) the organisation is aware that a positive result for an initial drug or initial alcohol test has been recorded for the employee:

(i) that has not been discounted through confirmatory testing; and

(ii) a DAMP medical review officer or a CASA medical review officer (whichever applies) has not determined that the result recorded could be as a result of legitimate therapeutic treatment or some other innocuous source;

(b) the organisation is aware that a SSAA employee, after having been required to take a drug or alcohol test, refused to take the test or interfered with the integrity of the test.

Under subregulation 99.065(2), a DAMP must also include the requirement that the DAMP organisation must not permit a SSAA employee to perform or be available to perform a SSAA in the following circumstances:

(a) if a DAMP supervisor suspects the employee’s faculties may be impaired due to the person being under the influence of a testable drug or of alcohol;

(b) if an accident or serious incident has occurred involving the employee while he or she is performing or available to perform an applicable SSAA and either of the following apply:

(i) for the period that suitable test conditions exist for conducting drug or alcohol tests on the employee — a test has not been conducted;

(ii) if tests have been conducted under suitable test conditions — the DAMP organisation has not been notified of the test results.

Under subregulation 99.080(1), a DAMP organisation, in implementing its DAMP, must ensure that the following requirements are met:

(a) that the organisation’s SSAA employees and DAMP supervisors attend the organisation’s drug and alcohol education program, consistent with the applicable timing requirement mentioned in subparagraph 99.080(1)(a)(i), (ii) or (iii);

(b) that each SSAA employee of the DAMP organisation is informed that he or she must not perform, or be available to perform, an applicable SSAA if aware that he or she is adversely affected by a testable drug or by alcohol, until the employee is no longer adversely affected;

(c) that each SSAA employee of the DAMP organisation is subject to drug and alcohol testing under the DAMP while performing, or available to perform, a SSAA of the DAMP organisation.

Under subregulation 99.080(2), the DAMP organisation must also do the following

(a) encourage each of the organisation’s SSAA employees to disclose if he or she has consumed a level of alcohol, or is taking any drug, that may affect his or her ability to carry out an applicable SSAA;

(b) inform each SSAA employee of the organisation that drug and alcohol testing under Subpart 99.B will require a person who is to be tested to provide a body sample;

Division 99.B.4 provides for review and audit of DAMPs.

Exemptions

Unless otherwise stated, each provision mentioned in this section is a provision of CASR.

Subpart 11.F provides for the granting of exemptions from particular provisions of the regulations. Paragraph 11.160(1)(a) provides that, for subsection 98(5A) of the Act, CASA may grant an exemption from compliance with a provision of the regulations in relation to a matter mentioned in that subsection. Paragraph 98(5A)(a) of the Act mentions, relevantly, “matters affecting the safe navigation and operation, or the maintenance, of aircraft”.

Under subregulation 11.160(2), CASA may grant an exemption to a person or a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

Under subregulation 11.160(3), CASA may grant an exemption either on application by a person or on its own initiative.

Under subregulation 11.175(4), in deciding whether to renew an exemption, CASA must regard as paramount the preservation of at least an acceptable level of aviation safety. CASA has regard to the same test when deciding whether to renew an exemption on its own initiative.

Regulation 11.205 provides that CASA may impose on an exemption any condition necessary in the interests of the safety of air navigation. Under regulation 11.210, it is a strict liability offence (with a maximum penalty of 50 penalty units) not to comply with an obligation imposed by a condition.

Regulation 11.225 requires an exemption to be published on the internet. Under subregulation 11.230(1), the maximum duration of an exemption is 3 years.

The Legislation Act 2003 (the LA) and the Act

Under paragraph 14(1)(a) of the LA, a legislative instrument may make provision in relation to any matter by applying, adopting or incorporating provisions of an Act or disallowable legislative instrument as in force at a particular time or as in force from time to time. Under paragraph 14(1)(b) of the LA, a legislative instrument may also make provision in relation to any matter by applying, adopting or incorporating any matter contained in any other instrument or writing as in force at, or before, the time the legislative instrument commences.

Under subsection 14(2) of the LA, unless the contrary intention appears, the legislative instrument may not make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time. However, subsection 98(5D) of the Act provides that, despite section 14 of the LA, a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.

Paragraph 98(5AA)(a) of the Act provides that an instrument issued under paragraph 98(5A)(a) is a legislative instrument if the instrument is expressed to apply in relation to a class of persons. The instrument exempts classes of persons from complying with specified provisions in Part 99 of CASR in specified circumstances. The instrument is, therefore, a legislative instrument, and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.

The Acts Interpretation Act 1901 (the AIA) and the LA

Under subsection 33(3) of the AIA, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by‑laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument. Under subsection 13(1) of the LA, subsection 33(3) of the AIA applies to legislative instruments as if each provision of the instrument were a section of an Act.

Background

Micro‑businesses

Because of the usually unvarying size and often remote locality of aviation‑related businesses that are micro‑businesses, CASA has issued a series of exemptions since 2012 on its own initiative to relieve such organisations of the obligation to develop and implement a “full‑scale” DAMP, provided they adopted a DAMP in the form of the CASA Micro‑business DAMP. The CASA Micro‑business DAMP retains many of the key features of a statutory DAMP but with simplifications and modifications which make implementation within a small organisation easier and more effective. The most recent exemption instrument is CASA EX56/23, that is expressed to be repealed at the end of 31 May 2026.

The CASA Micro‑business DAMP recognises the difficulties that micro‑businesses in remote localities face, for example, in devising effective drug and alcohol management training for their employees and in being required to have DAMP medical review officers. Other difficulties include carrying out drug and alcohol testing in specified circumstances, for example:

(a) on each SSAA employee first joining the micro-business; and

(b) meeting the mandated relevant Australian and New Zealand Standards for testing, particularly drug testing.

In those circumstances, CASA considers it appropriate to offer micro‑businesses a simpler avenue for compliance without sacrificing safety outcomes.

Contractors and emergencies

Since 2018, CASA has issued exemptions to relieve a DAMP organisation, in stated circumstances, from the administrative and cost burden of implementing its DAMP in relation to a SSAA employee (as broadly defined in subregulation 99.010(1) of CASR) where another DAMP has been implemented by another DAMP organisation in relation to the employee. The most recent instrument containing those exemptions is CASA EX56/23, which is expressed to be repealed at the end of 31 May 2026.

Overview of instrument

The intention of the instrument is to continue to:

(a) exempt a micro‑business from the CASR requirement to develop and implement a DAMP under Subpart 99.B of CASR if the micro-business complies with a particular condition set out in the instrument. Under that condition, the micro‑business must instead adopt a DAMP in the form that has been specially prepared and simplified by CASA, defined in the instrument as the CASA Micro‑business DAMP; and

(b) exempt a DAMP organisation from compliance with regulations 99.035 and 99.040 and paragraph 99.045(d) of CASR (defined in the instrument as exempted provisions):

(i) in stated circumstances relating to emergencies or services received under contract; and

(ii) to the extent is that the exempted provisions require the DAMP organisation to implement a DAMP in relation to a SSAA employee’s performance of, or availability to perform, an applicable SSAA for the DAMP organisation.

In renewing the exemptions in the instrument on its own initiative, CASA has regarded as paramount the preservation of at least an acceptable level of aviation safety.

In accordance with subsection 33(3) of the AIA, the instrument varies CASA EX56/23, which is no longer required with the making of this instrument.

Content of instrument

Section 1 names the instrument.

Section 2 sets out the duration of the instrument.

Section 3 contains definitions of terms used in the instrument.

The definitions of micro‑business and micro‑business employee work together to define which DAMP organisations are micro‑businesses to which the exemption in section 4 applies.

The note below the heading of section 3 is a signpost note, intended to assist users of the instrument to identify some relevant definitions in the Act and the regulations.

Section 4 exempts a micro‑business from compliance with each provision of Subpart 99.B of CASR, subject to the conditions set out in section 5.

Section 5 sets out the conditions imposed on the exemption in section 4. The conditions include the following:

(a) time frames, depending upon when the micro‑business came into existence, for the micro‑business to:

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

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

(b) that the micro‑business must:

(i) fully cooperate with CASA in any audit of its DAMP; and

(ii) at all times comply with the terms of its DAMP;

(c) a DAMP must be adopted by a micro‑business in writing and signed by its most senior executive manager (however described).

Section 6 is a transitional provision to the effect that a micro‑business is not required to adopt the CASA Micro‑business DAMP under subsection 5(1) if the micro‑business has already adopted the CASA Micro‑business DAMP in accordance with:

(a) section 5 of CASA EX66/18 — Implementation of Drug and Alcohol Management Plans (Micro-businesses) Exemption 2018; or

(b) section 6 of CASA EX81/20 — Implementation of Drug and Alcohol Management Plans (Micro-businesses and DAMP Organisations) Exemption 2020; or

Under subsection 7(1), section 7 applies if:

(a) there is a contract between a DAMP organisation (the first organisation) and another DAMP organisation (the second organisation) in relation to the performance of an applicable SSAA for the second organisation; and

(b) a SSAA employee of the first organisation performs, or is available to perform, the applicable SSAA for the second organisation; and

(c) the second organisation is satisfied on reasonable grounds that the first organisation is implementing the first organisation’s DAMP in relation to the employee.

Under subsection 7(2), section 7 also applies if:

(a) there is a contract between a micro‑business DAMP organisation (the first organisation) and a DAMP organisation (the second organisation) in relation to the performance of an applicable SSAA for the second organisation; and

(b) a SSAA employee of the first organisation performs, or is available to perform, the applicable SSAA for the second organisation; and

(c) the second organisation is satisfied on reasonable grounds that the first organisation is complying with the terms of the first organisation’s micro‑business DAMP in relation to the employee.

For paragraphs 7(1)(c) and 7(2)(c) respectively, the implementation of whichever of the following applies must be in accordance with the requirements of CASR:

(a) the DAMP;

(b) the micro‑business DAMP.

The obligation in each of those paragraphs is ongoing in nature, insofar as the second organisation cannot rely on the exemption at a particular point in time in relation to an employee unless it is satisfied on reasonable grounds at that point in time that the first organisation’s DAMP is being implemented in relation to the SSAA employee. However, neither paragraph 7(1)(c) nor paragraph 7(2)(c) requires the second organisation to check for implementation of the first organisation’s DAMP each time the employee performs, or is available to perform, an applicable SSAA. If it is reasonable to do so, a check that the first organisation’s DAMP has been implemented at a point in time may enable the second organisation to have reasonable grounds to be satisfied that implementation will continue for a period of time.

If section 7 applies, subsection 7(3) exempts the second organisation from compliance with the exempted provisions, to the extent that compliance requires implementation of the second organisation’s DAMP in relation to the employee’s performance of, or availability to perform, the applicable SSAA for the second organisation.

Under paragraphs 7(4)(a) to (d), the exemption is subject to conditions for the second organisation to keep, and eventually destroy, records that evidence its grounds for the satisfaction mentioned in paragraph 7(1)(c) or (2)(c). Those conditions reflect similar obligations of DAMP organisations under Part 99 of CASR.

Under paragraphs 7(4)(e) and (f), the exemption is also subject to, respectively, the following conditions:

(a) the second organisation must implement its DAMP, in relation to a SSAA employee from the first organisation, to the extent that the DAMP gives effect to the matters mentioned in subregulation 99.065(2) of CASR;

(b) the second organisation must notify the first organisation of any implementation of the second organisation’s DAMP under paragraph 7(4)(e).

The operation of subregulation 99.065(2) of CASR is described above, under the heading “Legislation”.

The policy intent of the exemption in subsection 7(3) is to relieve a DAMP organisation, if subsection 7(1) or (2) applies, from the administrative and cost burden of implementing its DAMP in relation to a SSAA employee where another DAMP has been implemented by another DAMP organisation in relation to the SSAA employee.

An example of where that exemption will be relevant is where a Part 145 approved maintenance organisation (the first organisation), which will be a DAMP organisation, is contracted by a commercial aircraft operator (the second organisation), which will also be a DAMP organisation, for the performance of maintenance on the second organisation’s aircraft. Employees of the first organisation will be DAMP contractors under Part 99 of CASR in relation to the second organisation. The exemption will permit the second organisation to not implement its DAMP in relation to employees of the first organisation, as long as the second organisation is satisfied on reasonable grounds that the first organisation is implementing its DAMP in relation to the employees (and if other requirements of the instrument are met).

The note below subsection 7(4) is a signpost note, intended to assist users of the instrument to identify and locate related content of subregulation 99.065(2) of CASR.

Under subsection 8(1), section 8 of the instrument applies if:

(a) there is a contract between an emergency services organisation and a DAMP organisation in relation to the performance of an applicable SSAA for the DAMP organisation; and

(b) the emergency services organisation is a non‑DAMP organisation; and

(c) an employee of the emergency services organisation performs, or is available to perform, the applicable SSAA for the DAMP organisation in response to an emergency; and

(d) it is not reasonably practicable for the DAMP organisation to implement its DAMP in relation to the employee’s performance of, or availability to perform, the applicable SSAA in response to the emergency.

Subsection 8(2) exempts the DAMP organisation from compliance with the exempted provisions, to the extent that compliance requires implementation of the organisation’s DAMP in relation to the employee’s performance of, or availability to perform, the applicable SSAA in response to the emergency.

The policy intent of the exemption in subsection 8(2) is to exempt a DAMP organisation from its obligation to implement its DAMP in relation to a SSAA employee where it is not reasonably practicable for the organisation to implement its DAMP in relation to the employee’s performance of, or availability to perform, an applicable SSAA in response to an emergency.

An example of where the exemption in subsection 8(2) will be relevant is where a commercial aircraft operator (a DAMP organisation) with expertise in bush firefighting support activities is contracted by an emergency services organisation such as a State or Territory police force. The DAMP organisation may carry suitably trained police officers for purposes such as winching and obstacle clearance, which are SSAA. The police officers, by virtue of the contract, will be DAMP contractors of the DAMP organisation. The exemption will permit the performance of the SSAA by the police officers, without implementation of the DAMP organisation’s DAMP in relation to the police officers, if it is not practicable to do so before performance of the SSAA.

Under subsection 8(3), the exemption in subsection 8(2) is subject to the following conditions:

(a) the DAMP organisation must give the employee a drug and alcohol risk mitigation notice not more than 24 hours before the employee performs, or is available to perform, the applicable SSAA for the DAMP organisation in response to the emergency;

(b) the DAMP organisation must make a contemporaneous record of the following information:

(i) the name and address of the employee to whom the notice is given;

(ii) the date and time the employee is given the notice;

(iii) details of the emergency in relation to which the notice is given;

(c) if the DAMP organisation has reasonable grounds to believe the employee is adversely affected by a drug or alcohol while performing, or available to perform, the applicable SSAA in response to the emergency, the DAMP organisation must not allow the employee to perform, or be available to perform, the SSAA in response to the emergency whilst the reasonable grounds continue to exist;

(d) if an accident or serious incident happens, involving the employee, while the employee is performing, or available to perform, the applicable SSAA in response to the emergency, the DAMP organisation must not allow the employee to perform, or be available to perform, the SSAA in response to the emergency during the period of 32 hours after the time the accident or incident happened.

Subsection 8(4) of the instrument defines terms mentioned in section 8, including drug and alcohol risk mitigation notice, emergency and emergency services organisation.

Documents incorporated by reference

This legislative instrument incorporates by reference the CASA Micro‑business DAMP, which provides a simplified template drug and alcohol management plan that can be readily adopted by micro‑businesses. In accordance with subsection 98(5D) of the Act, the plan is incorporated as existing from time to time. The CASA Micro‑business DAMP is published by CASA on its website, where it is available for download free of charge at <https://www.casa.gov.au>.

Sunsetting

Part 4 of Chapter 3 of the LA (the sunsetting provisions) does not apply to the instrument, because the instrument relates to aviation safety and is made under CASR (item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015). However, this instrument will be repealed at the end of 31 May 2029, which will occur before the sunsetting provisions would have repealed the instrument if they had applied. Any renewal of the instrument will be subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA. Therefore, the exemption from sunsetting does not affect parliamentary oversight of this instrument.

Consultation

The Explanatory Statement for CASA EX56/23 includes the following information about consultation:

Extensive consultation preceded the making of the original exemptions whose duration this instrument extends.

No adverse feedback on the operation of the original exemptions or their successors has been received by CASA from any industry stakeholder. Most organisations that fit the eligibility criteria for the exemptions have adopted them as a cost saving for their business. CASA’s surveillance oversight indicates that most organisations are complying with the conditions on the exemptions without issue.

CASA is progressing amendments to Part 99 of CASR so that this exemption will no longer be required.

The instrument continues to be required because those proposed amendments will not have been made and registered before CASA EX56/23 is repealed.

CASA continues to intend to include proposed amendments of Part 99 of CASR to give effect to the policy related to the instrument. CASA anticipates that those amendments will commence before the date on which the instrument is expressed to repeal: 31 May 2029. However, CASA will repeal the instrument if, after those amendments are made, they include content that:

(a) has the same effect as the instrument as a whole; and

(b) commences before the instrument is repealed.

The instrument is beneficial for the micro-businesses concerned who, because of their size, resources and location, would otherwise have to fully comply with the requirements of Subpart 99.B of CASR for a “full-scale” DAMP.

In those circumstances, CASA is satisfied that no further consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.

Sector risk, economic and cost impact

Subsection 9A(1) of the Act states that, in exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration. Subsection 9A(3) of the Act states that, subject to subsection (1), in developing and promulgating aviation safety standards under paragraph 9(1)(c), CASA must:

(a) consider the economic and cost impact on individuals, businesses and the community of the standards; and

(b) take into account the differing risks associated with different industry sectors.

The cost impact of a standard refers to the direct cost (in the sense of price or expense) which a standard would cause individuals, businesses and the community to incur. The economic impact of a standard refers to the impact a standard would have on the production, distribution and use of wealth across the economy, at the level of the individual, relevant businesses in the aviation sector, and the community more broadly. The economic impact of a standard could also include the general financial impact of that standard on different industry sectors.

As the instrument replaces an expiring instrument with the same (or largely the same) provisions and conditions, there will be no change of economic or cost impact on individuals, businesses or the community.

Impact on categories of operations

The instrument is likely to have a beneficial effect on the organisations to which the exemptions apply, including any operations involving SSAA. In particular, it reduces the regulatory requirements for micro‑businesses and DAMP organisations that receive services under contract from another DAMP organisation.

Impact on regional and remote communities

The instrument is likely to have a beneficial effect on any regional or remote community in which a DAMP organisation that meets the criteria for the exemptions in the instrument is located. In particular, the exemptions in the instrument are expected to have a beneficial impact on aviation‑related micro‑businesses located in regional and remote communities by allowing use of a DAMP that is simpler and easier to implement.

Office of Impact Analysis (OIA)

An Impact Analysis (IA) is not required in this case, as the instrument is covered by a standing agreement between CASA and OIA under which an IA is not required for exemptions (OIA id: 14507).

Statement of Compatibility with Human Rights

The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Making and commencement

The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260(1) of CASR.

The instrument commences on 1 June 2026 and is repealed at the end of 31 May 2029.

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

CASA EX42/26 — Implementation of Drug and Alcohol Management Plans (Micro‑businesses and DAMP Organisations) Exemption 2026

This legislative instrument is compatible with the human rights and freedoms
recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

(a) exempt a certain kind of small organisation (a micro‑business) from the Civil Aviation Safety Regulations 1998 (CASR) requirement to develop and implement a drug and alcohol management plan (DAMP) under Subpart 99.B of CASR if the micro-business complies with a particular condition set out in the instrument. Under that condition, the micro‑business must instead adopt a DAMP in the form that has been specially prepared and simplified by the Civil Aviation Safety Authority (CASA), defined in the instrument as the CASA Micro‑business DAMP; and

(b) exempt a DAMP organisation from compliance with regulations 99.035 and 99.040 and paragraph 99.045(d) of CASR (defined in the instrument as exempted provisions):

(i) in stated circumstances relating to emergencies or services received under contract; and

(ii) to the extent is that the exempted provisions require the DAMP organisation to implement a DAMP in relation to a safety‑sensitive aviation activity (SSAA) employee’s performance of, or availability to perform, an applicable SSAA for the DAMP organisation.

The exemption is beneficial for the micro-businesses concerned who, because of their size, resources and location, would otherwise have to fully comply with the requirements of Subpart 99.B of CASR for a “full-scale” DAMP.

Also (among other things), adoption of the CASA Micro-business DAMP reduces the range of circumstances under Part 99 of CASR in which a person may be required to submit to a drug or alcohol test.

Human rights implications

The instrument engages:

the right to protection against arbitrary and unlawful interferences with privacy (Article 17 of the International Covenant on Civil and Political Rights); and
the right to work in Article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and rights in work in Article 7 of the ICESCR.

This legislative instrument engages positively with the right to privacy by reducing the range of circumstances in which a person may be required to submit to drug or alcohol testing.

The instrument arguably engages positively with the right to work by reducing the circumstances in which a person may be prevented from working due to being under the influence of alcohol or drugs. The instrument arguably engages negatively with rights at work by potentially reducing the level of health and safety in relevant workplaces if an employer does not identify that a person is working under the influence of drugs or alcohol. The risks are mitigated by the conditions on the instrument, which are intended to ensure the appropriate management of risks associated with alcohol and other drug impacts on aviation in the circumstances in which the exemptions apply.

The engagement with the right to work and rights at work promote the general welfare of Australian society by reducing the drug and alcohol testing burden on small aviation‑related businesses, which are often in remote locations, thereby assisting those business to continue to provide employment. Overall, the provisions of the instrument are reasonable and proportionate to the risks associated with the exemptions in the instrument.

Conclusion

This legislative instrument is compatible with human rights because, to the extent that it may limit human rights, those limitations are reasonable, necessary and proportionate. It also promotes the protection of human rights by reducing the range of circumstances in which drug and alcohol testing is conducted.

Civil Aviation Safety Authority

CASA EX42/26 — Implementation of Drug and Alcohol Management Plans (Micro‑businesses and DAMP Organisations) Exemption 2026

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

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