CASA EX97/13 - Revocation of exemption — CASR Part 99 DAMP requirements for CAR 30 organisations overseas

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

Legislation au F2013L01676 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Revocation of exemption — CASR Part 99 DAMP requirements for CAR 30 organisations overseas

 

Purpose of revocation

CASA EX34/13 exempted the holder of a certificate of approval under regulation 30 of the Civil Aviation Regulations 1988 (CAR 1988), who is engaged (generally speaking) in aircraft maintenance overseas, from the requirement in Part 99 of the Civil Aviation Safety Regulations 1998 (CASR 1998) to have a drug and alcohol management plan (DAMP), provided that certain conditions were met. The regulation 30 certificate of approval allows the holder to engage (as appropriate) in, for example, any stage of design, distribution or maintenance of aircraft, aircraft components or aircraft materials.

 

Legislation

Under subregulation 11.160 (1) of CASR 1998, CASA may grant an exemption from compliance with a provision of CASR 1998. Under subregulation 11.160 (3), CASA may grant an exemption on its own initiative. In deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety

 

Under subsection 33 (3) of the Acts Interpretation Act 1901 (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.

 

Reason for original exemption

Under subregulation 99.030 (1) of CASR 1998, an organisation must develop a drug and alcohol management plan (DAMP) if the organisation is a DAMP organisation. A DAMP organisation is one that has employees or contractors who perform safety‑sensitive aviation activities (SSAA) and is on a generic list of organisations defined in subregulation 99.030 (2) of CASR 1998. These include the holder of a certificate of approval under regulation 30 of CAR 1988 (a CAR 30 organisation) or the holder of an approval certificate under regulation 145.035 of CASR 1998 (a Part 145 organisation). Following the introduction of Part 145, CAR 30 organisations are transitioning to become Part 145 organisations

 

CASA considers that it is not realistically possible for many of the Part 145 and CAR 30 organisations, for whom Australian operations are only a component of their broader international operations, to make a full conversion of their existing drug and alcohol control policies to CASR Part 99 DAMP requirements within the given timeframe.

 

Therefore, CASA decided to issue Part 145 and CAR 30 organisations with an exemption from Subpart 99.B in relation to the development and implementation of a DAMP in relation to their overseas operations. CASA EX34/13 exempted CAR 30 organisations from compliance with Subpart 99.B in relation to overseas operations.

A new exemption CASA EX95/13 has now been issued which applies to CAR 30 organisations and Part 145 organisations. It replaced a previous exemption, CASA EX181/12, which was issued for the same purpose. As a result, CASA EX34/13 is no longer required and has been revoked.

 

Legislative Instruments Act

Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. Regulation 11.215 of CASR 1998 declares an exemption to be a disallowable instrument. Under subsection 33 (3) of the AIA, revocation of the exemption instrument is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

Consultation under section 17 of the LIA took place with a number of overseas CAR 30 organisations when the policy for issuing exemptions from Subpart 99.B was being determined. Similar discussions took place in relation to overseas Part 145 organisations. The implementation of the policy by means of exemption has been regarded as satisfactory by the aviation industry.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Office of Best Practice Regulation (OBPR)

The instrument revokes a previous exemption in relation to which OBPR did not require the preparation of a Regulation Impact Statement. A preliminary assessment of business compliance costs in the context of the nature of the instrument indicated that it would have only a nil to low impact on business.

 

It is considered that the revocation could only have a similar impact.

 

Making and commencement

The revocation has been made by a delegate of CASA relying on the power of delegation in subregulation 11.260 (1) of CASR 1998.

 

The revocation commences on the day of registration.

 

[Instrument number CASA EX97/13]

Attachment 1

Statement of Compatibility with Human Rights

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

 

Revocation of exemption — CASR Part 99 DAMP requirements for
CAR 30 organisations overseas

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

The revoked legislative instrument exempted the holder of a certificate of approval under regulation 30 of the Civil Aviation Regulations 1988, who is engaged in aircraft maintenance overseas, from compliance with Subpart 99.B of the Civil Aviation Safety Regulations 1998.

 

The reason for the revocation is the issue of a new instrument, CASA EX95/13, which performs the same function.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

 

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of aviation operations in Australia. One of the significant changes introduced by these regulations was the requirement for drug and alcohol management plans (DAMP) for organisations engaged in safety-sensitive aviation activities. The revocation of exemption CASA EX34/13 was issued to address a specific issue where organisations holding a certificate of approval under regulation 30 of the Civil Aviation Regulations 1988 (CAR 1988), who are primarily involved in aircraft maintenance overseas, were exempted from the DAMP requirements of Part 99 of the CASR 1998, provided certain conditions were met. The Civil Aviation Safety Authority (CASA) initially issued this exemption to allow these organisations more flexibility in transitioning to the new regulatory environment. However, subsequent changes and the introduction of a new exemption, CASA EX95/13, have rendered CASA EX34/13 obsolete, prompting its revocation. The revocation was made under the authority of the Legislative Instruments Act 2003 and aligns with the overarching policy objective of maintaining an acceptable level of safety in aviation operations.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) apply to a range of entities and persons within the aviation industry, including those holding a certificate of approval under regulation 30 of the Civil Aviation Regulations 1988 (CAR 1988). Specifically, these regulations mandate the development of a drug and alcohol management plan (DAMP) for organisations involved in safety-sensitive aviation activities, such as aircraft maintenance. However, CASA EX34/13 provided an exemption from this requirement for CAR 30 organisations engaged in overseas operations, acknowledging the impracticality of fully transitioning to CASR Part 99 DAMP requirements within a set timeframe. The scope of this exemption was limited to overseas operations of CAR 30 organisations and was subsequently replaced by CASA EX95/13, leading to the revocation of CASA EX34/13. The revocation applies on a national level across Australia, with the legislative instrument being subject to tabling and disallowance in Parliament as per the Legislative Instruments Act 2003. The revocation of the exemption signifies a policy adjustment rather than a substantive change in regulatory requirements, as the intent to manage drug and alcohol risks in aviation remains unchanged.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) contain several operative sections that are pertinent to the revocation of exemption related to Drug and Alcohol Management Plan (DAMP) requirements for Civil Aviation Regulations 1988 (CAR 1988) section 30 organisations operating overseas. Specifically, subregulation 11.160(1) of the CASR 1998 provides the authority for the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with CASR provisions. Subregulation 11.160(3) further allows CASA to grant such exemptions on its own initiative. However, in making this decision, CASA must prioritise the preservation of an acceptable level of safety as stated in subsection 33(3) of the Acts Interpretation Act 1901 (AIA). The obligations imposed by the Act on the parties it governs primarily revolve around the need for compliance with safety regulations. For CAR 30 organisations, this means they must develop and implement a DAMP if they are classified as DAMP organisations under subregulation 99.030(1) of the CASR 1998. This requirement is contingent on whether their employees or contractors perform safety-sensitive aviation activities (SSAA). However, due to the complexity and international scope of operations for many CAR 30 and Part 145 organisations, CASA has issued exemptions to ease the transition and ensure continued safety standards are met. There are no direct offences, penalties, or civil/criminal consequences specified for the breach of the revoked exemption itself. However, non-compliance with CASR Part 99 DAMP requirements, should the exemption be lifted, could result in various consequences. These may include potential fines, enforcement actions, or even the suspension or revocation of operational approvals under the Civil Aviation Act 1988. The exact penalties for non-compliance would depend on the specific breach and the discretion of CASA in enforcing the regulations. The revocation of the exemption CASA EX34/13 is in line with the legislative process outlined in the AIA and the Legislative Instruments Act 2003 (LIA). Under the AIA, the power to revoke an exemption is considered to be included within the broader power to grant one, and thus, the revocation is a legitimate legislative action. The revocation has been subject to consultation with relevant overseas CAR 30 organisations, and the aviation industry has found the implementation satisfactory. The revocation also adheres to the requirements of the LIA, ensuring it is tabled and subject to disallowance in Parliament if necessary.

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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.