Civil Aviation Safety Regulations 1998
Statutory Rules 1998 No. 237
as amended
made under the
This compilation was prepared on 3 September 2011
taking into account amendments up to SLI 2011 No. 164
The text of any of those amendments
not in force
on that date is appended in the Notes section
[Note: Regulation 92.150
ceased to apply at the end of 31 December 2006, see subregulation
92.150 (8)]
This document has been split
into four volumes
Volume 1 contains Parts 1 to 42 (Rr. 1.001–42.1105)
Volume 2 contains Parts 45 to 92 (Rr. 45.005–92.205)
Volume 3 contains Parts 99 to 138 (Rr. 99.005–137.300)
Volume 4 contains Parts 139 to 202 (Rr. 139.005–202.900), the Dictionary and
the Notes
Each volume has its own Table of Contents
Prepared by the Office of
Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
Part 99 Drug
and alcohol management plans and testing
99.005 Purposes of Part 17
Subpart 99.A General
99.010 Definitions for Part 99 18
99.015 SSAAs to which this Part
applies 27
99.020 Substantial compliance with
requirements of Part required 28
Subpart 99.B Drug and alcohol management plans
Division 99.B.1 Purposes of Subpart
99.025 Purposes of Subpart 29
Division 99.B.2 Persons required to have a DAMP
99.030 Who must develop and maintain
a DAMP 30
99.035 DAMP must be implemented 31
99.040 DAMP must be made available to
SSAA employees 32
Division 99.B.3 Content and implementation of DAMP
Subdivision 99.B.3.1 Content of DAMP
99.045 Content of DAMP 32
Subdivision 99.B.3.2 Drug and alcohol testing program
99.050 Requirements for drug and
alcohol testing 33
99.055 Requirements relating to DAMP
medical review officer 34
99.060 Requirements relating to use
of testing devices 35
Subdivision 99.B.3.3 Drug and alcohol response program
99.065 Requirements relating to SSAA
employees ceasing SSAAs 35
99.070 Requirements relating to
returning to SSAAs 37
99.075 Requirements relating to
intervention programs 38
Subdivision 99.B.3.4 Implementing a DAMP
99.080 Implementing a DAMP 38
Division 99.B.4 Review and audit of DAMP
99.085 Review of DAMP by DAMP
organisation 39
99.090 Audit of DAMP organisation by
CASA 40
99.095 CASA may direct changes to
DAMP 40
Division 99.B.5 Provision of Information
99.100 DAMP organisation or DAMP
contractor to provide information 41
99.105 DAMP record‑keeping 43
Subpart 99.C Drug and alcohol testing by CASA
Division 99.C.1 Preliminary
99.110 Purposes of Subpart 44
Subdivision 99.C.1.1 Who may be drug or alcohol tested
99.115 Who may be drug or alcohol
tested 44
99.120 Body samples may only be taken
if person consents 44
Subdivision 99.C.1.2 Powers of approved testers
99.125 Powers of approved testers 45
Subdivision 99.C.1.3 CASA to approve testing devices
99.130 Approved drug and alcohol
testing devices 46
Division 99.C.2 Drug testing
Subdivision 99.C.2.1 General
99.135 Which body samples may be drug
tested 46
99.140 How samples are taken and
tested 46
99.145 Approved drug testing devices
to be used for initial drug tests 47
99.150 Method for determining sample
identifiers 47
Subdivision 99.C.2.2 Initial drug tests
99.155 Taking samples 47
99.160 Initial drug test 48
99.165 If initial drug test result is
not positive 48
99.170 If initial drug test result is
positive 48
99.175 Notices of initial drug test 49
99.180 Dealing with samples for
confirmatory drug test 51
99.185 Transporting samples 52
Subdivision 99.C.2.3 Receipt and storage of samples by approved
laboratories
99.190 Receipt of samples 52
99.195 Storage of samples 53
Subdivision 99.C.2.4 Conduct of drug tests by approved laboratories
99.200 Testing Sample A 54
99.205 Samples to be tested in accordance
with National Association of Testing Authorities’ accreditation 54
99.210 Notices of Sample A results 55
99.215 Donor may request testing of
Sample B 56
99.220 Approved laboratory to keep
Sample B 57
99.225 Notices of Sample B results 58
99.230 Test results 59
Subdivision 99.C.2.5 Record‑keeping
99.235 Approved laboratory to keep
records 60
Division 99.C.3 Alcohol testing
99.240 Which body samples may be
alcohol tested 60
99.245 How samples are taken and
tested 60
99.250 Approved breathalysers to be
used in alcohol tests 61
99.255 Alcohol tests 61
99.260 Test results 62
99.265 Notice of alcohol test 62
99.270 Notice to CASA 63
Subpart 99.D Evidentiary certificates and
prescribed proceedings
Division 99.D.1 Purposes
of Subpart
99.275 Purposes of Subpart 64
Division 99.D.2 Evidentiary certificates
99.280 Certificates by approved
tester 64
99.285 Certificates by approved
laboratory 66
99.290 Document taken to be a
certificate unless contrary intention established 67
99.295 Certificate not to be admitted
unless copy given 67
99.300 Person signing the certificate
may be called to give evidence 67
99.305 Rebuttal evidence 68
99.310 CASA may ask for full
certificate 68
Division 99.D.3 Prescribed proceedings
99.315 Prescribed proceedings 69
Subpart 99.E Offences for Subpart 99.C
Division 99.E.1 Purposes of Subpart
99.320 Purposes of Subpart 69
Division 99.E.2 Offences
Subdivision 99.E.2.1 Offences relating to giving a body sample
99.325 Failing to carry
identification whilst undertaking applicable SSAA 69
99.330 Refusing or failing to give a
body sample 70
99.335 Continuing to perform
applicable SSAA after refusing a drug or alcohol test or failing to give a body
sample 71
99.340 Failing to
stop performing an applicable SSAA 71
99.345 Failing to
remain in approved tester’s presence 72
99.350 Person must
not interfere with integrity of body sample 72
Subdivision 99.E.2.2 Offences occurring after positive test result
99.355 Continuing to perform
applicable SSAA between having initial drug test and confirmatory drug test 72
99.360 Continuing to perform
applicable SSAA after having confirmatory drug test and before result returned 73
99.365 Continuing to perform
applicable SSAA before confirmatory alcohol test result returned 74
99.370 Performing applicable SSAA
showing positive result for testable drug 74
99.375 Performing applicable SSAA
while showing positive result for a confirmatory alcohol test 75
Subdivision 99.E.2.3 Offences relating to returning to SSAAs after
positive test result
99.380 Continuing to perform
applicable SSAA after having confirmatory drug test 76
99.385 Continuing to perform
applicable SSAA after confirmatory alcohol test 77
Division 99.E.3 CASA medical review officers
99.390 CASA medical review officers 78
Subpart 99.F Provision of information
Division 99.F.1 Purposes of Subpart
99.395 Purposes of Subpart 79
Division 99.F.2 Information
99.400 Drug or
alcohol test information given or required by CASA 79
99.405 Information
that must be given to CASA following drug or alcohol test 80
Subpart 99.G CASA’s powers in relation to civil
aviation authorisations
Division 99.G.1 Purposes of Subpart
99.410 Purposes of Subpart 81
99.415 When CASA may vary, suspend or
cancel a civil aviation authorisation 82
99.420 When variation, suspension or
cancellation takes effect 83
99.425 Notice 83
99.430 Effect of effluxion of time in
relation to the suspension of civil aviation authorisation 83
99.435 Effect of suspension of civil
aviation authorisation 84
Subpart 99.H Approved testers and authorisations to
conduct drug and alcohol tests
Division 99.H.1 Purposes of Subpart
99.440 Purposes of Subpart 84
Division 99.H.2 Approvals and authorisations
99.445 CASA may approve persons to
take body samples and conduct tests 84
99.450 Persons authorised to take
body samples and conduct tests 85
Division 99.H.3 Obligations on approved testers and
protection from liability
99.455 Obligations on approved
testers 86
99.460 Approved testers not liable in
certain cases 86
Division 99.H.4 Powers of approved testers
99.465 Approved testers’ powers to
access premises 87
Division 99.H.5 Identity cards
99.470 Identity cards 87
99.475 Return of identity card 88
99.480 Display and production of
identity cards 88
99.485 Suspension or revocation of
authorisation 89
99.490 Notices 90
Division 99.H.6 Notices to approved testers
99.495 Notice to approved testers 90
Part 101 Unmanned aircraft and rockets
Subpart 101.A Preliminary
101.005 Applicability of this Part 94
101.010 Application to rocket‑powered
unmanned aircraft 95
101.015 Application of registration
and marking requirements 95
101.020 Exemption from certain other
provisions of CAR 1988 95
101.025 Meaning of populous area 95
101.030 Approval of areas for
operation of unmanned aircraft or rockets 95
101.035 Requirements in this Part to
give information to CASA 97
Subpart 101.B General prohibition on unsafe operation
101.050 Applicability of this Subpart 98
101.055 Hazardous operation prohibited 98
Subpart 101.C Provisions applicable to unmanned
aircraft generally
101.060 Applicability of this Subpart 99
101.065 Operation in prohibited or
restricted area 99
101.070 Operation in controlled
airspace 100
101.075 Operation near aerodromes 100
101.080 Permission for operation of
unmanned aircraft near aerodrome 101
101.085 Maximum operating height 103
101.090 Dropping or discharging of
things 104
101.095 Weather and day limitations 104
Subpart 101.D Tethered balloons and kites
101.100 Applicability of this Subpart 104
101.105 Definitions for Subpart 105
101.110 Tethered balloons and kites
that may be operated outside approved areas 105
101.115 Mooring‑line marking 106
101.120 Operation of tethered balloon
or kite under cloud 107
101.125 Tethered balloon to be lit at
night 107
101.130 Rapid deflation device
required 107
101.135 What to do if tethered balloon
escapes 108
Subpart 101.E Unmanned free balloons
101.140 Applicability of this Subpart 108
101.145 Definitions for Subpart —
free balloons 108
101.150 Definition for Subpart — approved
area 109
101.155 Releasing small balloons 109
101.160 Light balloons that may be
released outside approved areas 111
101.165 Release of medium and heavy
balloons outside approved areas 112
101.170 Medium and heavy balloons not
to be flown low 115
101.175 Medium and heavy balloons to be
flown in clear sky 115
101.180 How payload must be
supported — medium and heavy balloons 116
101.185 Equipment that must be
carried — medium and heavy balloons 116
101.190 Lighting — medium and
heavy balloons 117
101.195 Marking — free balloons
generally 117
101.200 Marking by day — heavy
balloons 118
101.205 Lighting by night — heavy
balloons 118
101.210 Obligation to stay in
communication with ATC — medium and heavy balloons 119
101.215 Tracking of flight —
medium and heavy balloons 119
101.220 Flight reporting — medium
and heavy balloons 120
101.225 Ending flight and
recovery — medium and heavy balloons 121
101.230 Direction by ATC to end flight
in certain circumstances 122
Subpart 101.F UAVs
Division 101.F.1 General
101.235 Applicability of this Subpart 123
101.240 Definitions for Subpart 123
Division 101.F.2 Operation of UAVs generally
101.245 Operation near people 124
101.250 Where small UAVs may be
operated 125
101.255 Large UAVs —requirement
for certificate 125
101.260 Maintenance of large UAVs 126
101.265 Application of s 20AB of
the Act to large UAVs 126
101.270 Requirement for UAV operator’s
certificate 127
101.275 Approval of operation of large
UAVs 127
101.280 UAVs not to be operated over
populous areas 128
101.285 Use of radiotelephone 129
Division 101.F.3 Certification of
UAV controllers
101.290 Application for certification
as UAV controller 131
101.295 Eligibility for certification
as UAV controller 131
101.300 Conditions on certification as
UAV controller 132
101.315 Notice to certified UAV
controller to show cause 132
101.320 Cancellation of UAV
controller’s certification 133
Division 101.F.4 Certification of
UAV operators
101.330 Application for certification
as UAV operator 134
101.335 Eligibility for certification
as UAV operator 135
101.340 Conditions on certification 135
101.355 Certification not transferable 136
101.360 Notice to certified UAV
operator to show cause 137
101.365 Cancellation of UAV operator’s
certification 137
Subpart 101.G Model aircraft
101.375 Applicability of this Subpart 138
101.380 Definitions for Subpart 138
101.385 Visibility for operation of
model aircraft 139
101.390 Operating model aircraft at
night 139
101.395 Keeping model aircraft away
from people 139
101.400 Operation of model aircraft
outside approved areas 140
101.405 Giant model aircraft 140
101.410 Model flying displays 141
Subpart 101.H Rockets
101.415 Applicability of this Subpart 142
101.420 Application of State and
Territory laws about rockets 142
101.425 Definitions for Subpart 143
101.430 Launching rocket in or over
prohibited or restricted area 143
101.435 Launching rockets into
controlled airspace 144
101.440 Launching rockets near
aerodromes 144
101.445 Getting permission for launch
of rocket near aerodrome 145
101.450 High power rockets 147
101.455 Maximum operating height of
rockets 147
101.460 Dropping or discharging of
things from rockets 148
101.465 Weather and day
limitations — rockets other than model rockets 148
101.470 Model rockets 149
Subpart 101.I Firework displays
101.475 What this Subpart does 149
101.480 Application of State and
Territory laws about fireworks 149
101.485 Meaning of operate a
firework display 149
101.490 Certain projectiles prohibited
in firework displays 150
101.495 Firework displays not
permitted near aerodromes 150
101.500 Notice to CASA of certain
firework displays 151
Part 103 Sport and recreational aviation
operations
Part 105 Sport and recreational
parachuting from aircraft
Part 115 Commercial sport and
recreational aviation operations
Part 119 Air operator
certification — commercial air transport
Part 121 Commercial air transport
operations (aeroplanes)
Part 129 Commercial air transport
operations (foreign operators)
Part 133 Commercial air transport and
aerial work operations (rotorcraft)
Part 137 Aerial application
operations — other than rotorcraft
Subpart 137.A Applicability and definitions
137.005 Applicability 156
137.010 Definitions 157
Subpart 137.B General
137.015 Approvals 160
137.020 Effect of other provisions 160
137.025 Aeroplane — type
certificate 160
137.030 Authority of the pilot 161
Subpart 137.C Operator certification and supervision
137.035 Applicant to prepare manual 161
137.040 Standard operations manual 161
137.045 Application for an AOC or
variation of an AOC 162
137.050 Decision on AOC and manual 163
137.055 Offences concerning operations
manual 163
137.060 Operator’s organisational
structure 164
137.065 Head of flight operations 164
137.070 Head of aeroplane maintenance
control 165
137.075 Replacement of holder of key
personnel position 166
137.080 Amendments to operations
manual by operator 166
137.085 Amendments to schedule of
differences 166
137.090 Amendments to standard
operations manual 167
Subpart 137.D Operational procedures
137.095 Operation to be in VMC 167
137.100 Use of weather forecasts or
observations 167
137.105 Landing areas 168
137.110 Safety of persons other than
crew at landing areas 168
137.115 Refuelling 168
137.120 Documents to be carried on a
flight 169
137.125 Manipulation of flight
controls 170
137.130 Use of seats, seatbelts and
harnesses 171
137.135 Carriage of passengers 172
137.140 Minimum height and lateral separation
for operation 172
137.145 Application over populous
areas 173
137.150 In‑flight fuel management 174
137.155 Operations near RPT flight 174
137.160 Aerodrome circuit requirements 175
137.165 Close proximity operations 175
137.170 Night operations 176
137.175 Firefighting operations 177
Subpart 137.E All‑weather operations
Subpart 137.H Aeroplane performance
137.180 General 178
137.185 Take‑off over a populous area 179
Subpart 137.J Weight and balance
137.190 Weight limitations 179
137.195 Loading — supervision 180
Subpart 137.K Instruments and equipment
137.200 Installation of instruments
and equipment 180
137.210 Position of instruments and
equipment 181
137.215 Instruments and equipment required 182
137.220 Crew intercom system 183
137.225 Seatbelts and harnesses 184
Subpart 137.M Aeroplane maintenance
137.230 Fitting and removal of role
equipment 184
Subpart 137.N Pilots
137.235 Qualifications for pilots
conducting application operations 185
137.240 Annual proficiency checks 185
Subpart 137.P Manuals, logs and records
137.245 Flight manual 187
137.250 Checking records 187
137.255 Document retention periods 187
137.260 Maintenance record to be given
to new operator 189
Subpart 137.Q Flight duty time limitations and rest
requirements
137.265 Application of Subpart 137.Q 189
137.270 Subpart not to affect
subsection 1 of CAO 48.1 189
137.275 Limit on flying hours 190
137.280 Off‑duty period before and
after tour of duty 190
137.285 Tour of duty — duration 190
137.290 Off‑duty period each 14 days 191
137.295 Limit on time spent on tours
of duty 192
137.300 Pilot to be fit for duty 192
Part 138 Search and rescue operations
Part 99 Drug and
alcohol management plans and testing
Note This Part is made up as follows:
99.005 Purposes
of Part
Subpart 99.A General
99.010 Definitions
for Part 99
99.015 SSAAs
to which this Part applies
99.020 Substantial
compliance with requirements of Part required
Subpart 99.B Drug
and alcohol management plans
Division 99.B.1 Purposes of
Subpart
99.025 Purposes
of Subpart
Division 99.B.2 Persons
required to have a DAMP
99.030 Who
must develop and maintain a DAMP
99.035 DAMP
must be implemented
99.040 DAMP
must be made available to SSAA employees
Division 99.B.3 Content
and implementation of DAMP
Subdivision 99.B.3.1 Content
of DAMP
99.045 Content
of DAMP
Subdivision 99.B.3.2 Drug
and alcohol testing program
99.050 Requirements
for drug and alcohol testing
99.055 Requirements
relating to DAMP medical review officer
99.060 Requirements
relating to use of testing devices
Subdivision 99.B.3.3 Drug
and alcohol response program
99.065 Requirements
relating to SSAA employees ceasing SSAAs
99.070 Requirements
relating to returning to SSAAs
99.075 Requirements
relating to intervention programs
Subdivision 99.B.3.4 Implementing
a DAMP
99.080 Implementing
a DAMP
Division 99.B.4 Review
and audit of DAMP
99.085 Review
of DAMP by DAMP organisation
99.090 Audit
of DAMP organisation by CASA
99.095 CASA
may direct changes to DAMP
Division
99.B.5 Provision
of Information
99.100 DAMP
organisation or DAMP contractor to provide information
99.105 DAMP
record‑keeping
Subpart 99.C Drug
and alcohol testing by CASA
Division 99.C.1 Preliminary
99.110 Purposes
of Subpart
Subdivision 99.C.1.1 Who
may be drug or alcohol tested
99.115 Who
may be drug or alcohol tested
99.120 Body
samples may only be taken if person consents
Subdivision 99.C.1.2 Powers
of approved testers
99.125 Powers
of approved testers
Subdivision 99.C.1.3 CASA
to approve testing devices
99.130 Approved
drug and alcohol testing devices
Division 99.C.2 Drug
testing
Subdivision 99.C.2.1 General
99.135 Which
body samples may be drug tested
99.140 How
samples are taken and tested
99.145 Approved
drug testing devices to be used for initial drug tests
99.150 Method
for determining sample identifiers
Subdivision 99.C.2.2 Initial
drug tests
99.155 Taking
samples
99.160 Initial
drug test
99.165 If
initial drug test result is not positive
99.170 If
initial drug test result is positive
99.175 Notices
of initial drug test
99.180 Dealing
with samples for confirmatory drug test
99.185 Transporting
samples
Subdivision 99.C.2.3 Receipt
and storage of samples by approved laboratories
99.190 Receipt
of samples
99.195 Storage
of samples
Subdivision 99.C.2.4 Conduct
of drug tests by approved laboratories
99.200 Testing
Sample A
99.205 Samples
to be tested in accordance with National Association of Testing Authorities’
accreditation
99.210 Notices
of Sample A results
99.215 Donor
may request testing of Sample B
99.220 Approved
laboratory to keep Sample B
99.225 Notices
of Sample B results
99.230 Test
results
Subdivision 99.C.2.5 Record‑keeping
99.235 Approved
laboratory to keep records
Division 99.C.3 Alcohol
testing
99.240 Which
body samples may be alcohol tested
99.245 How
samples are taken and tested
99.250 Approved
breathalysers to be used in alcohol tests
99.255 Alcohol
tests
99.260 Test
results
99.265 Notice
of alcohol test
99.270 Notice
to CASA
Subpart 99.D Evidentiary
certificates and prescribed proceedings
Division 99.D.1 Purposes of Subpart
99.275 Purposes
of Subpart
Division 99.D.2 Evidentiary
certificates
99.280 Certificates
by approved tester
99.285 Certificates
by approved laboratory
99.290 Document
taken to be a certificate unless contrary intention established
99.295 Certificate
not to be admitted unless copy given
99.300 Person
signing the certificate may be called to give evidence
99.305 Rebuttal
evidence
99.310 CASA
may ask for full certificate
Division 99.D.3 Prescribed
proceedings
99.315 Prescribed
proceedings
Subpart 99.E Offences
for Subpart 99.C
Division 99.E.1 Purposes
of Subpart
99.320 Purposes
of Subpart
Division 99.E.2 Offences
Subdivision 99.E.2.1 Offences
relating to giving a body sample
99.325 Failing
to carry identification whilst undertaking applicable SSAA
99.330 Refusing
or failing to give a body sample
99.335 Continuing
to perform applicable SSAA after refusing a drug or alcohol test or failing to
give a body sample
99.340 Failing
to stop performing an applicable SSAA
99.345 Failing
to remain in approved tester’s presence
99.350 Person
must not interfere with integrity of body sample
Subdivision 99.E.2.2 Offences
occurring after positive test result
99.355 Continuing
to perform applicable SSAA between having initial drug test and confirmatory
drug test
99.360 Continuing
to perform applicable SSAA after having confirmatory drug test and before
result returned
99.365 Continuing
to perform applicable SSAA before confirmatory alcohol test result returned
99.370 Performing
applicable SSAA showing positive result for testable drug
99.375 Performing
applicable SSAA showing positive result for a confirmatory alcohol test
Subdivision 99.E.2.3 Offences
relating to returning to SSAAs after positive test result
99.380 Continuing
to perform applicable SSAA after having confirmatory drug test
99.385 Continuing
to perform applicable SSAA after confirmatory alcohol test
Division 99.E.3 CASA
medical review officers
99.390 CASA
medical review officers
Subpart 99.F Provision
of information
Division 99.F.1 Purposes
of Subpart
99.395 Purposes
of Subpart
Division 99.F.2 Information
99.400 Drug
or alcohol test information given or required by CASA
99.405 Information
that must be given to CASA following drug or alcohol test
Subpart 99.G CASA’s
powers in relation to civil aviation authorisations
Division 99.G.1 Purposes
of Subpart
99.410 Purposes
of Subpart
99.415 When
CASA may vary, suspend or cancel a civil aviation authorisation
99.420 When
variation, suspension or cancellation takes effect
99.425 Notice
99.430 Effect
of effluxion of time in relation to the suspension of civil aviation
authorisation
99.435 Effect
of suspension of civil aviation authorisation
Subpart 99.H Approved
testers and authorisations to conduct drug and alcohol tests
Division
99.H.1 Purposes of Subpart
99.440 Purposes
of Subpart
Division 99.H.2 Approvals
and authorisations
99.445 CASA
may approve persons to take body samples and conduct tests
99.450 Persons
authorised to take body samples and conduct tests
Division 99.H.3 Obligations
on approved testers and protection from liability
99.455 Obligations
on approved testers
99.460 Approved
testers not liable in certain cases
Division 99.H.4 Powers
of approved testers
99.465 Approved
testers’ powers to access premises
Division 99.H.5 Identity
cards
99.470 Identity
cards
99.475 Return
of identity card
99.480 Display
and production of identity cards
99.485 Suspension
or revocation of authorisation
99.490 Notices
Division 99.H.6 Notices
to approved testers
99.495 Notice
to approved testers
99.005 Purposes
of Part
(1) This Part provides for:
(a) the development, implementation and
enforcement of drug and alcohol management plans covering persons who perform,
or are available to perform, an applicable SSAA; and
(b) drug and alcohol tests for persons who
perform, or are available to perform, an applicable SSAA, including the
following:
(i) the approval of testers to conduct
drug and alcohol tests;
(ii) the approval of devices for use in
conducting drug and alcohol tests;
(iii) identity
cards for approved testers;
(iv) the conduct of drug and alcohol
testing;
(v) the variation, suspension and
cancelling of civil aviation authorisations and authorisations of approved
testers; and
(c) offences relating to drug and alcohol
management plans and drug and alcohol testing.
Note 1 Under this Part, a SSAA employee
may be drug or alcohol tested by his or her DAMP organisation or by CASA under
Subpart 99.C.
Note 2 Under Subpart 99.C, CASA may also
test persons who are performing or available to perform an applicable SSAA and
who are not covered by a DAMP organisation.
(2) Unless otherwise stated, this Part is made for the
purposes of Part IV of the Act, particularly sections 34, 35 and 36.
Subpart 99.A General
99.010 Definitions
for Part 99
(1) In this Part:
accident means an occurrence that arises out
of a person performing or being available to perform an applicable SSAA if
either or both of the following applies:
(a) the occurrence results in the death of, or
serious harm to, a person;
(b) the occurrence results in serious damage to
an aircraft or property.
aerodrome testing area means:
(a) any surface in a certified aerodrome or a
registered aerodrome over which an aircraft is able to be moved while in
contact with the surface of the aerodrome, including any parking areas; and
(b) any part of the surface of a certified aerodrome
or registered aerodrome:
(i) that is not covered by paragraph
(a); and
(ii) that does not have a building on
it; and
(iii) from which access to a surface
mentioned in paragraph (a) may be had; and
(c) a building located on a certified aerodrome
or registered aerodrome that is used:
(i) for maintenance of an aircraft or
an aeronautical product; or
(ii) for the manufacture of aircraft or
aeronautical products; or
(iii) by an air traffic service provider
to control air traffic; or
(iv) by the holder of an AOC for flying
training; and
(d) any part of an aircraft, aerobridge or other
moveable structure in a certified aerodrome or a registered aerodrome.
airport security guard has the meaning given
in section 9 of the Aviation Transport Security Act 2004.
allocated number, in relation to an approved
tester, means the number allocated to the tester under
subregulation 99.445 (5).
applicable SSAA means a safety‑sensitive
aviation activity to which this Part applies under regulation 99.015.
appropriately qualified alcohol and other drug
professional means a person who:
(a) materially works as a provider of clinical
drug and alcohol treatment services; and
(b) holds a bachelor degree, or postgraduate
degree, in at least 1 of the following fields:
(i) health sciences;
(ii) medical science;
(iii) social sciences;
(iv) behavioural sciences.
approved breathalyser means a breathalyser
approved by CASA under paragraph 99.130 (a) for alcohol testing.
approved drug testing device means a device
approved by CASA under paragraph 99.130 (b) for testing for testable
drugs.
approved laboratory means a person authorised
under subregulation 99.450 (3) to conduct confirmatory drug tests for
Subpart 99.C.
approved person, in relation to an approved
laboratory, means a person who is authorised under the laboratory’s National
Association of Testing Authorities accreditation to declare the results of drug
tests conducted by that laboratory.
approved tester means a person who is
authorised to:
(a) take body samples for drug or alcohol tests
under subregulation 99.450 (1); and
(b) conduct initial drug tests or alcohol tests
under subregulation 99.450 (2).
ASIC has the meaning given in the Aviation
Transport Security Regulations 2005.
CASA medical review officer means a medical
practitioner who for drug and alcohol testing under Subpart 99.C, and for
Subparts 99.E and 99.H has:
(a) been appointed by CASA under
subregulation 99.390 (1) for the purposes of Subpart 99.C; and
(b) training and competence in the field of interpreting
drug and alcohol test results; and
(c) knowledge of substance use disorders; and
(d) knowledge of the contents of this Part.
commencement date means the date on which
this Part commences.
comprehensive assessment, in relation to a
person’s drug or alcohol use, means an examination of the person’s
physiological and psychosocial indicators carried out:
(a) by a psychiatrist; or
(b) by a medical practitioner who is a Fellow of
the Australasian Chapter of Addiction Medicine; or
(c) jointly by:
(i) a person entitled to
practice as a medical practitioner under a law of a State or Territory; and
(ii) an appropriately qualified drug
and alcohol professional.
confirmatory alcohol test means an alcohol
test given in respect of an initial alcohol test to determine the presence and
level of alcohol in a body sample.
Note See paragraph (b) of the definition
of drug or alcohol test in subsection 33 (1) of the Act.
confirmatory drug test means a drug test
given in respect of an initial drug test to determine the presence and level of
a testable drug in a body sample.
Note See paragraph (b) of the definition
of drug or alcohol test in subsection 33 (1) of the Act.
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.
DAMP contact officer, in relation to a DAMP
organisation, means a person appointed by the DAMP organisation to liaise with
CASA in relation to the organisation’s responsibilities under this Part.
DAMP contractor means a person, or the
employee of a person, who is:
(a) a party to an ongoing written or ongoing
oral contract with a DAMP organisation; or
(b) a DAMP subcontractor to an ongoing written or
ongoing oral contract with a DAMP organisation.
DAMP medical review officer means a medical
practitioner who for drug or alcohol testing under a DAMP has:
(a) competence in the field of interpreting drug
and alcohol test results; and
(b) knowledge of substance use disorders; and
(c) knowledge of the contents of this Part.
DAMP organisation means a person that is
required to have a DAMP under subregulation 99.030 (1).
DAMP reporting period, for a DAMP
organisation, means the period of 6 months immediately before each:
(a) 1 March; and
(b) 1 September.
DAMP subcontractor, means a person who is a
party to:
(a) an ongoing written or oral contract with a
DAMP contractor within the meaning of paragraph (a) of the definition of DAMP
contractor; or
(b) an ongoing written or oral contract with
another DAMP subcontractor (under a previous application of this definition).
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).
donor means a person who is asked to give, or
has given, a body sample to an approved tester.
drug and alcohol education program, for a
DAMP organisation, means a program that includes the following components:
(a) for SSAA employees — awareness of:
(i) the organisation’s policy on drug
and alcohol use; and
(ii) drug and alcohol testing in the
workplace; and
(iii) support and assistance services
for people who engage in problematic use of drugs and alcohol; and
(iv) information about the potential
risks to aviation safety from problematic use of drugs and alcohol;
(b) for DAMP supervisors — education and training
to manage people who engage in problematic use of drugs or alcohol.
drug or alcohol intervention program, in
relation to a person who has a drug or alcohol problem, means a program that
includes any of the following measures for that problem:
(a) assessment;
(b) treatment, including any of the following:
(i) education;
(ii) counselling;
(iii) consultation with health care
professionals;
(iv) pharmacotherapy;
(v) residential or non‑residential
treatment programs;
(c) monitoring and follow‑up action.
employee, in relation to a DAMP organisation,
includes a DAMP contractor of the DAMP organisation.
foreign operator means:
(a) the holder of a foreign aircraft AOC; or
(b) the operator of an aircraft operating in
Australia in accordance with a permission granted by CASA under section 26 of
the Act; or
(c) the operator of an aircraft operating under
a permission granted under section 27A of the Act; or
(d) the holder of a New Zealand AOC with ANZA
privileges; or
(e) the operator of an aircraft that is
operating in Australia in accordance with section 14 of the Air Navigation
Act 1920.
initial alcohol test means an alcohol test to
determine the presence of alcohol in a body sample.
Note See paragraph (a) of the definition
of drug or alcohol test in subsection 33 (1) of the Act.
initial drug test means a drug test to
determine the presence of a testable drug in a body sample.
Note See paragraph (a) of the definition
of drug or alcohol test in subsection 33 (1) of the Act.
nominated drug or alcohol intervention program,
in relation to a person who has undergone a comprehensive assessment, means
a drug or alcohol intervention program considered suitable for the person by:
(a) if the person is an employee of a DAMP
organisation — a DAMP medical review officer; or
(b) in any other case — a CASA medical
review officer.
passenger, in relation to an
aircraft, means a person:
(a) who:
(i) intends to travel on a particular
flight on the aircraft that has not as yet boarded; or
(ii) is on board the aircraft for a
flight; or
(iii) has disembarked from the aircraft
following a flight; and
(b) who is not a member of the crew of the
aircraft.
passport means an Australian passport within
the meaning of the Australian Passports Act 2005, or a passport
issued by the Government of a country other than Australia.
permitted level means:
(a) for a testable drug — a level of the
drug specified in subregulation (2A) for the purposes of this paragraph; and
(b) for alcohol — a level of alcohol of less
than 0.02 grams of alcohol in 210 litres of breath.
positive result means the following:
(a) for an initial drug test — a test
result within the meaning of paragraph (a) of the definition of positive test
result in subsection 33 (1) of the Act;
(b) for a confirmatory drug test — a test
result within the meaning of paragraph (b) of the definition of positive test
result in subsection 33 (1) of the Act;
(c) for an initial alcohol test — a test
result within the meaning of paragraph (a) of the definition of positive test
result in subsection 33 (1) of the Act;
(d) for a confirmatory alcohol test — a test
result within the meaning of paragraph (b) of the definition of positive test
result in subsection 33 (1) of the Act.
regular SSAA employee means a SSAA employee
who is reasonably likely to perform an applicable SSAA at least 2 or more times
every 90 days.
relevant Standard means:
(a) AS 3547, Breath alcohol testing
devices for personal use; and
(b) NMI R 126, Pattern Approval
Specifications for Evidential Breath Analysers; and
(c) AS 4760, Procedures for specimen
collection and the detection and quantitation of drugs in oral fluid; and
(d) AS/NZS 4308, Procedures for specimen
collection and the detection and quantitation of drugs of abuse in urine.
sample identifier means a number allocated to
a body sample using the method specified in a legislative instrument made by
CASA under regulation 99.150.
screening officer has the meaning given in
the Aviation Transport Security Act 2004.
serious incident means an occurrence that
arises out of a person performing or being available to perform an applicable
SSAA if either or both of the following applies:
(a) the occurrence gives rise to a danger of
death or serious harm to a person;
(b) the occurrence gives rise to a danger of
serious damage to an aircraft or property.
SSAA means a safety‑sensitive aviation
activity.
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.
substantial compliance, in relation to a drug
or alcohol test, has the meaning given in subregulation 99.020 (2).
suitable test conditions has the meaning
given by subregulation (3).
Note 1 A number of other
expressions used in this Part have the meanings given in the Act. For example:
·
aeronautical product
·
AOC
·
body sample
·
civil aviation authorisation
·
drug or alcohol test
·
foreign aircraft AOC
·
New Zealand AOC with ANZA privileges
·
positive test result
·
safety‑sensitive aviation activities
·
testable drug.
Note 2 Testable drugs are
specified in a legislative instrument made by the Minister under subsection
33 (2) of the Act.
References to Standards and reports
(2) In this Part:
AS followed by a number is a reference to the
Australian Standard so numbered or identified, as in force or existing from
time to time, published by Standards Australia.
AS/NZS followed by a number is a reference to
the Australian/New Zealand Standard so numbered or identified, as in force or
existing from time to time, published jointly by Standards Australia and
Standards New Zealand.
NMI R followed by a number is a
reference to the report so numbered or identified, as in force or existing from
time to time, published in that year by the National Measurement Institute,
Department of Innovation, Industry, Science and Research.
Permitted level
(2A) For paragraph (a) of the definition
of permitted level, the permitted level for each testable
drug is specified in the following table.
|
Testable Drug
|
Concentration ‑ ng/mL
|
|
Δ9‑tetrahydrocannabinol
|
10
|
|
6‑Acetyl morphine
|
10
|
|
Amphetamine
|
25
|
|
Benzoylecgonine
|
25
|
|
Cocaine
|
25
|
|
Codeine
|
25
|
|
Ecgonine methyl ester
|
25
|
|
Methylamphetamine
|
25
|
|
Methylenedioxyamphetamine
|
25
|
|
Methylenedioxymethylamphetamine
|
25
|
|
Morphine
|
25
|
Suitable test conditions
(3) Suitable test conditions means
conditions that exist after an accident or serious incident if:
(a) testing can be conducted within:
(i) for drug testing — 32 hours
after the accident or incident occurred; and
(ii) for alcohol testing — 8 hours
after the accident or incident occurred; and
(b) it is practicable to conduct a test.
99.015 SSAAs
to which this Part applies
(1) This Part applies to the SSAAs specified in this
regulation.
(2) The specified SSAAs are:
(a) any activity undertaken by a person, other
than as a passenger, in an aerodrome testing area; and
(b) calculation of the position of freight,
baggage, passengers and fuel on aircraft; and
(c) the manufacture or maintenance of any of
the following:
(i) aircraft;
(ii) aeronautical products;
(iii) aviation radionavigation products;
(iv) aviation telecommunication
products; and
(d) the certification of maintenance of a kind
mentioned in paragraph (c); and
(da) the issuing of a certificate of release to
service for an aircraft or aeronautical product in relation to maintenance
carried out on the aircraft or aeronautical product; and
(e) the fuelling and maintenance of vehicles
that will be used to fuel aircraft on aerodrome testing areas; and
(f) activities undertaken by an airport security
guard or a screening officer in the course of the person’s duties as a guard or
officer; and
(g) activities undertaken by a member of the crew
of an aircraft in the course of the person’s duties as a crew member; and
(h) the loading and unloading of trolleys
containing baggage for loading onto aircraft and the driving of such trolleys;
and
(i) activities undertaken by a holder of an air
traffic controller licence in the course of the person’s duties as a
controller; and
(j) activities undertaken by the supervisor of a
holder of an air traffic controller licence in the course of the person’s
duties as such a supervisor; and
(k) providing flight information and search and
rescue alert services:
(i) to a pilot or operator of an
aircraft immediately before the flight of the aircraft; or
(ii) to a pilot or operator of an
aircraft, during the flight of the aircraft; or
(iii) as an intermediary for
communications between a pilot or operator of the aircraft, and an air traffic
controller; and
(l) providing aviation fire fighting services.
(3) This Part applies to the safety‑sensitive aviation
activities specified in paragraphs (2) (b) to (l) even if those
activities do not occur in an aerodrome testing area.
99.020 Substantial
compliance with requirements of Part required
(1) A reference in this Part, other than in Subpart
99.B, to a test result for a drug or alcohol test is a reference to a test
result that resulted from strict or substantial compliance with the
requirements of this Part, including the following:
(a) requirements relating to the taking of a
body sample for the test;
(b) requirements relating to the dealing with the
body sample by the approved tester who took the sample;
(c) requirements relating to the storage of the
body sample (if applicable);
(d) requirements relating to the conduct of the
drug or alcohol test;
(e) requirements relating to the giving of
notice in respect of a positive result;
(f) a requirement that a person must not
interfere with the integrity of a body sample.
(2) For subregulation (1), there is taken to be substantial
compliance with the requirements of this Part in relation to a drug or
alcohol test that results in a test result if there is no reasonable doubt as
to the accuracy of the test result even though one or more of the requirements
of this Part may not have been strictly complied with in relation to
that drug or alcohol test.
Example
If an approved tester fails to initial a
specimen tube containing a part of a body sample that is to be the subject of a
confirmatory drug test, the test result is likely to be one that resulted from
substantial compliance with the requirements of this Part as there will be no
reasonable doubt as to the accuracy of the test result. However, if a person
interferes with the integrity of a body sample, the test result for that sample
is unlikely to be one that resulted from substantial compliance with the
requirements of this Part as there will be a reasonable doubt as to the
accuracy of the test result.
(3) In this regulation, the requirements of this
Part include the following:
(a) the requirements of any legislative
instruments made under this Part;
(b) a relevant Standard.
Subpart 99.B Drug and alcohol management plans
Division 99.B.1 Purposes of
Subpart
99.025 Purposes
of Subpart
This Subpart provides for the following:
(a) the persons required to have a DAMP;
(b) the matters required to be included in a
DAMP;
(c) the implementation of a DAMP;
(d) requirements associated with a DAMP;
(e) offences relating to a DAMP.
Division 99.B.2 Persons required
to have a DAMP
99.030 Who
must develop and maintain a DAMP
(1) An organisation must develop a DAMP that complies
with regulation 99.045 if:
(a) the organisation:
(i) has an employee; or
(ii) has a contractor (including the
employee of, or a subcontractor for, the contractor);
who performs or is available to perform
a SSAA; and
(b) the organisation is listed in
subregulation (2).
Penalty: 50 penalty units.
(2) For paragraph (1) (b), the organisations
are as follows:
(a) an AOC holder;
(b) a person issued with a production certificate
under regulation 21.134;
(c) the holder of an aerodrome certificate
granted under regulation 139.050;
(d) a person approved as an ARFFS under Division
139.H.5;
(e) an ATS training provider within the meaning
of Part 143;
(f) an ATS provider within the meaning of Part
172;
(g) the provider of any of the following
services within the meaning of Part 171:
(i) a telecommunication service;
(ii) a radionavigation service;
(h) the operator of a registered aerodrome under
regulation 139.265;
(i) the holder of a certificate of approval
within the meaning of subregulation 2 (1) of CAR;
(j) a Part 145 organisation;
(k) a screening authority within the meaning of
the Aviation Transport Security Regulations 2005.
(3) The DAMP must be developed within
the time required for implementation of a DAMP under
subregulation 99.035 (2).
Penalty: 50 penalty units.
(4) A person who, under subregulation
(1), is required to develop a DAMP must continue to have a DAMP that complies
with regulation 99.045 for the period the person has SSAA employees performing
an applicable SSAA or available to perform an applicable SSAA.
Penalty: 50 penalty units.
(5) An offence against subregulation (1), (3) or (4) is
an offence of strict liability.
99.035 DAMP
must be implemented
(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 this Subpart.
Timeframe and implementation
(2) The DAMP must be implemented:
(a) if the person:
(i) is a DAMP organisation on the
commencement date; or
(ii) becomes a DAMP organisation within
the period of 6 months after the commencement date (the transition
period);
by the end of the transition period; or
(b) if the person becomes a DAMP organisation
after the end of the transition period — immediately upon becoming a DAMP
organisation.
99.040 DAMP
must be made available to SSAA employees
(1) Subject to subregulation (2), a DAMP organisation
must ensure that its DAMP is made available to each of its SSAA employees
before the employee begins to perform or becomes available to perform an
applicable SSAA.
Penalty: 50 penalty units.
(2) If a person is a SSAA employee of a DAMP
organisation on the day the organisation implements its DAMP, the organisation
must make the DAMP available to the employee by the end of the day the employee
next performs or is available to perform an applicable SSAA for the DAMP
organisation.
Penalty: 50 penalty units.
(3) An offence against subregulation (1) or (2) is an
offence of strict liability.
Division 99.B.3 Content and
implementation of DAMP
Subdivision
99.B.3.1 Content
of DAMP
99.045 Content
of DAMP
A DAMP organisation’s DAMP must:
(a) apply to all SSAA employees of the
organisation, and state each category of the organisation’s SSAA employees
covered by the DAMP; and
(b) include the following:
(i) a drug and alcohol education
program;
(ii) a drug and alcohol testing
program, that meets the requirements specified in regulations 99.050, 99.055
and 99.060;
(iii) a drug and alcohol response
program that meets the requirements specified in regulations 99.065, 99.070
and 99.075;
and set out details of those programs;
and
(c) identify, and provide the contact details
for, each person in the DAMP organisation who has any of the following roles:
(i) DAMP contact officer;
(ii) DAMP supervisor; and
(d) be implemented
as required by regulation 99.080 and set out the details of those requirements.
Note A drug and alcohol education program
includes the matters set out in the definition of drug and alcohol education
program in subregulation 99.010 (1).
Subdivision
99.B.3.2 Drug and
alcohol testing program
99.050 Requirements for drug and alcohol testing
(1) For subparagraph
99.045 (b) (ii), the DAMP must meet the following requirements:
(a) that any
testing done under the organisation’s DAMP will be conducted as follows:
(i) for breath alcohol testing —
using a device that meets the Standard mentioned in paragraph (a) of the
definition of relevant Standard, or a device that meets the Standard mentioned
in paragraph (b) of that definition;
(ii) for oral fluid testing — in
accordance with the Standard mentioned in paragraph (c) of the definition of
relevant Standard;
(iii) for urine testing — in
accordance with the Standard mentioned in paragraph (d) of the definition of
relevant Standard;
(b) that drug and alcohol testing of SSAA
employees under the DAMP will be conducted in the circumstances set out in
subregulation (2).
(2) For paragraph (1) (b), the circumstances
in which drug and alcohol testing will be conducted on SSAA employees are as
follows:
(a) when a person first joins the DAMP organisation,
if the person will be working as a regular SSAA employee, or when an employee
whose role in the organisation is to change to that of a regular SSAA employee
on or after the commencement date, unless:
(i) the employee has been drug and
alcohol tested; and
(ii) the tests were conducted less than
90 days before the employee is required to begin performing or being available
to perform an applicable SSAA; and
(iii) each of the test results was not a
positive result;
(b) after an accident or serious incident
involving a SSAA employee that occurs while he or she is performing, or
available to perform, an applicable SSAA, if suitable test conditions exist;
(c) if a DAMP supervisor has reasonable grounds
to believe that a SSAA employee may be adversely affected by a testable drug or
by alcohol while performing, or available to perform, an applicable SSAA;
(d) if a SSAA employee is returning to work after
a period during which the employee was not permitted, under paragraph
99.065 (1) (c), (d) or (e), to perform or be available to perform an
applicable SSAA because of testable drug use.
Drug test results under DAMP
(3) A positive result for a confirmatory drug test
conducted on a body sample under a drug and alcohol testing program mentioned
in subparagraph 99.045 (b) (ii), is taken not to be a positive result
for the sample if a DAMP medical review officer has determined that the test
result for the sample could be the result of legitimate therapeutic treatment
or some other innocuous source.
99.055 Requirements
relating to DAMP medical review officer
For subparagraph 99.045 (b) (ii), the
DAMP must include the 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
(c) to determine if the employee is fit to
resume performing or being available to perform a SSAA.
99.060 Requirements
relating to use of testing devices
For subparagraph 99.045 (b) (ii), the
DAMP must include the requirement that any devices used in drug or alcohol
testing done under the DAMP must be used in a way that is not inconsistent with
the instructions of the manufacturer of those devices.
Subdivision
99.B.3.3 Drug and
alcohol response program
99.065 Requirements relating to SSAA employees
ceasing SSAAs
(1) For subparagraph 99.045 (b) (iii), the
DAMP must include the requirement that the DAMP organisation must not permit an
employee to perform, or be available to perform, an applicable SSAA in any of
the following circumstances:
(a) if the organisation is aware that a positive
result for an initial drug test has been recorded for the employee and the
employee has not, in respect of that test result, recorded a test result for a
confirmatory drug test that is not a positive result;
(b) if the organisation is aware that a positive
result for an initial alcohol test has been recorded for the employee and the
employee has not, in respect of that test result, recorded a test result for a
confirmatory alcohol test that is not a positive result;
(c) if the organisation is aware that:
(i) a positive result for a
confirmatory drug test or a confirmatory alcohol test conducted under a drug
and alcohol testing program mentioned in subparagraph 99.045 (b) (ii)
has been recorded for the employee; and
(ii) a DAMP medical review officer has
not determined that the result recorded could be as a result of legitimate
therapeutic treatment or some other innocuous source;
(d) if the organisation is aware that:
(i) a positive result for a
confirmatory drug test or a confirmatory alcohol test conducted under
Subpart 99.C has been recorded for the employee; and
(ii) a CASA medical review officer has
not determined that the result recorded could be as a result of legitimate
therapeutic treatment or some other innocuous source;
(e) if the organisation is aware that a SSAA
employee after having been required to take a drug or alcohol test:
(i) refused to take the test; or
(ii) interfered with the integrity of
the test.
(2) For subparagraph 99.045 (b) (iii), a DAMP
must include the requirement that the DAMP organisation must not permit a SSAA
employee to perform or be available to perform an applicable 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.
99.070 Requirements
relating to returning to SSAAs
(1) For subparagraph 99.045 (b) (iii), the
DAMP must include the requirement that if:
(a) the DAMP organisation has not permitted a
SSAA employee to perform, or be available to perform, an applicable SSAA; and
(b) the non‑performance is a result of a
circumstance mentioned in paragraph 99.065 (1) (c), (d) or (e)
(a suspension event),
the organisation must only permit the employee to again begin
performing or being available to perform an applicable SSAA if the
circumstances set out in subregulation (2) apply.
(2) For subregulation (1), the circumstances that
must apply are as follows:
(a) the employee has undergone a comprehensive
assessment for drug or alcohol use;
(b) if the comprehensive assessment recommended
the employee commence a drug or alcohol intervention program — the
employee has begun participating in a nominated drug or alcohol intervention
program;
(c) the employee is considered fit to resume
performing, or being available to perform, an applicable SSAA by:
(i) a DAMP medical review officer; and
(ii) the employee’s treating clinician,
if any;
(d) if the suspension event related to a drug
test — at the time the employee was considered fit under paragraph (c),
the employee receives a confirmatory drug test and records, for the test, a
result that:
(i) was not a positive result; and
(ii) a DAMP medical review officer is
satisfied indicates the absence of testable drug use.
99.075 Requirements
relating to intervention programs
(1) Subject to subregulation (2), for subparagraph
99.045 (b) (iii) the DAMP must include the requirement that a DAMP
organisation must permit a SSAA employee of the organisation time to attend a
nominated drug or alcohol intervention program, if:
(a) a DAMP medical review officer has advised
the DAMP organisation that the employee should attend the program; and
(b) the employee is returning to work after a
period during which the employee was not permitted, under regulation
99.340 or 99.345, to perform or be available to perform an applicable SSAA
because of testable drug use or alcohol use.
(2) A reference to a SSAA employee in the requirement
under subregulation (1) is a reference to a SSAA employee that the DAMP
organisation intends to allow to continue to perform or be available to perform
a SSAA.
Subdivision
99.B.3.4 Implementing
a DAMP
99.080 Implementing
a DAMP
(1) For paragraph 99.045 (d), the DAMP
organisation, in implementing its DAMP, must ensure the following:
(a) that the organisation’s SSAA employees and
DAMP supervisors attend the organisation’s drug and alcohol education program:
(i) for persons who begin work for the
organisation after the commencement date — before commencing duties as a
SSAA employee or DAMP supervisor; or
(ii) for persons working for the
organisation as SSAA employees or DAMP supervisors on or before the
commencement date — within 6 months of the commencement date; or
(iii) for persons working for the
organisation as SSAA employees or DAMP supervisors who, after the commencement
date, have attended the program — within 30 months of the person’s last attendance
at the program;
(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.
(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 this Subpart will require a person who is
to be tested to provide a body sample;
(c) record the policy and procedures of the
organisation’s DAMP using a controlled document protocol.
Division 99.B.4 Review and audit
of DAMP
99.085 Review
of DAMP by DAMP organisation
(1) A DAMP organisation must review its DAMP to ensure
compliance with the requirements of this Subpart:
(a) every 5 years, beginning on the date on
which the DAMP was developed; and
(b) at any other time CASA directs.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
99.090 Audit
of DAMP organisation by CASA
(1) CASA may audit the operation of a DAMP organisation
to ensure appropriate development, implementation and enforcement of a DAMP.
(2) For the audit, CASA may require the DAMP
organisation to provide to CASA:
(a) information and records, as specified by
CASA, demonstrating that the organisation has:
(i) developed a DAMP; and
(ii) implemented the DAMP; and
(b) a copy of the DAMP that is being implemented;
and
(c) any other information and records specified
by CASA that are relevant to the audit.
(3) The DAMP organisation must comply with the
requirement.
Penalty: 50 penalty units.
(4) An offence against subregulation (3) is an offence of strict liability.
99.095 CASA
may direct changes to DAMP
(1) CASA may at any time, for the purpose of ensuring
compliance by a DAMP organisation with the requirements of regulation 99.045,
direct the organisation to do any of the following:
(a) make a change specified by CASA to a
provision in the organisation’s DAMP;
(b) prepare a new DAMP that complies with the
requirements of this Subpart;
(c) submit any proposed changes to the
organisation’s DAMP or submit a newly prepared DAMP, as the case may be, to
CASA.
(2) The DAMP organisation must comply with the
direction.
Penalty: 50 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
Division 99.B.5 Provision of
Information
99.100 DAMP organisation or DAMP contractor to
provide information
Information to be provided to CASA
(1) A DAMP organisation
that has implemented a DAMP must provide the following information to CASA in
respect of each DAMP reporting period, or part of a reporting period, during
which the DAMP was implemented:
(a) the number of the organisation’s employees
who performed an applicable SSAA at least 2 or more times in the 90 days
preceding the end of the reporting period;
(b) the number of the organisation’s SSAA
employees who attended a drug and alcohol education program during the period,
including the number of employees who attended such a program:
(i) for the first time; and
(ii) for a second or subsequent time;
(c) the number and type of drug or alcohol tests
undergone by SSAA employees under the DAMP during the period;
(d) the results of the tests, including the
number of positive test results that a DAMP medical review officer has
determined could be as a result of legitimate therapeutic treatment or some
other innocuous source;
(e) the date and time that the tests under the
DAMP were conducted;
(f) the role that each SSAA employee tested was
undertaking at the time of being tested;
(g) the applicable SSAA that each SSAA employee
tested was performing or available to perform at the time that he or she was
tested;
(h) if testing was conducted following an
accident or serious incident — information about the date, time and
location of:
(i) the accident or serious incident;
and
(ii) the testing conducted following
the accident or serious incident;
(i) follow‑up action taken by the organisation
under the DAMP in respect of SSAA employees:
(i) who were drug or alcohol tested
under this Subpart; and
(ii) whose test results were positive
results;
(j) follow‑up action taken by the organisation
under the DAMP in respect of any SSAA employees:
(i) who were tested under Subpart
99.C; and
(ii) whose test results were positive
results;
(k) follow‑up action taken by the organisation
under the DAMP in respect of any SSAA employees who refused to take a drug or
alcohol test, or interfered with the integrity of a drug or alcohol test, under
this Subpart or Subpart 99.C;
(l) the number of SSAA employees referred to a
nominated drug or alcohol intervention program;
(m) any other
information relating to the implementation of a DAMP, or a drug or alcohol test
under this Part, that CASA requests of the organisation in writing.
Penalty: 50 penalty units.
(2) The information must be given in
writing within 21 days after the end of the reporting period to which it
relates.
(3) The information must not include any information,
other than that listed in subregulation (1), in respect of a SSAA employee that
might identify the employee.
Penalty: 50 penalty units.
(4) A
DAMP organisation that has implemented a DAMP must provide the name and contact
details of the organisation’s current DAMP contact officer to CASA.
Penalty: 50 penalty units.
Information to approved testers
(5) If a DAMP organisation or a DAMP
contractor is required to provide information by an approved tester in the
circumstances specified in paragraph 99.125 (2) (b), the
organisation or contractor must comply with the requirement within 1 hour of being given notification by the tester of the requirement.
Penalty: 50 penalty units.
(6) An offence against subregulation (1), (3), (4) or (5) is an offence of strict liability.
99.105 DAMP
record‑keeping
(1) A DAMP organisation must keep the records used to
provide information to CASA under regulation 99.100 for 5 years from the date
the information was provided to CASA.
Penalty: 50 penalty units.
(2) The records must be kept in a
secure location.
Penalty: 50 penalty units.
(3) Within 6 months after the end of
the 5 year period, the organisation must destroy or delete:
(i) the records; or
(ii) the parts of the records
that relate to the results of drug or alcohol testing.
(4) An offence against subregulation (1) or (2) is an offence of strict liability.
Subpart 99.C Drug and alcohol testing by CASA
Division 99.C.1 Preliminary
99.110 Purposes
of Subpart
(1) This Subpart provides for drug and alcohol testing
by CASA.
(2) The Subpart sets out the following matters:
(a) who may be tested (Subdivision 99.C.1.1);
(b) certain powers of approved testers
(Subdivision 99.C.1.2);
(c) approved drug testing devices and
breathalysers (Subdivision 99.C.1.3);
(d) the conduct of initial drug tests and
confirmatory drug tests (Division 99.C.2);
(e) the conduct of initial alcohol tests and
confirmatory alcohol tests (Division 99.C.3).
Subdivision
99.C.1.1 Who may be
drug or alcohol tested
99.115 Who
may be drug or alcohol tested
(1) An approved tester may require a body sample for the
purposes of a drug or alcohol test under this Subpart from a person who is
performing or available to perform an applicable SSAA.
(2) However, an approved tester must not, for drug or
alcohol testing under this Subpart, require a body sample from a passenger.
99.120 Body
samples may only be taken if person consents
An approved tester is not authorised to use force
to take a body sample from a person.
Subdivision
99.C.1.2 Powers of
approved testers
99.125 Powers
of approved testers
(1) In addition to any other powers set out in this
Part, an approved tester has the powers specified in subregulation (2) in
respect of taking a body sample from a donor for the following purposes:
(a) conducting an initial drug test;
(b) conducting an initial alcohol test or a
confirmatory alcohol test (an alcohol test).
(2) For subregulation (1), the powers are the
following:
(a) the approved tester may require the donor
to:
(i) produce identification of the kind
mentioned in subregulation (3) to the tester; and
(ii) inform the tester of the donor’s
date of birth, address and telephone number;
(b) the tester may
require from the donor’s employer the donor’s name, date of birth, address and
telephone number if:
(i) on being required to produce
identification, the donor is unable to produce identification of a kind set out
in subregulation (3) to the tester; and
(ii) the donor’s employer is a DAMP
organisation or a DAMP contractor;
(c) the tester may require the donor to give a
body sample for the drug or alcohol test;
(d) the tester may require the donor to stop
performing, or stop being available to perform, an applicable SSAA, for the
time it takes to take a body sample for testing and to conduct an initial drug
test or alcohol test on the sample;
(e) the tester may require the donor to remain
in the tester’s presence for the time it takes to take a body sample and
conduct an initial drug test or alcohol test on the sample.
Note An approved tester may also ask for
a body sample for a confirmatory drug test — see regulation 99.170.
(3) For subregulation (2), the
kinds of identification are:
(a) identification that:
(i) contains a
photograph of the donor and sets out the donor’s name, date of birth and
address; and
(ii) was issued by a
Commonwealth, State, Territory or local government body; or
(b) identification that is
issued by a DAMP organisation that contains a photograph of the donor and the
donor’s name; or
(c) an ASIC; or
(d) a passport.
Subdivision
99.C.1.3 CASA to
approve testing devices
99.130 Approved
drug and alcohol testing devices
For drug and alcohol testing under this Subpart,
CASA may by legislative instrument approve the following:
(a) breathalysers for use in alcohol testing;
(b) drug testing
devices for use in initial drug testing.
Note All approved breathalysers may be
used for an initial alcohol test. Only some approved breathalysers may be used
for a confirmatory alcohol test — see regulation 99.250.
Division 99.C.2 Drug testing
Subdivision
99.C.2.1 General
99.135 Which
body samples may be drug tested
An approved tester may only take a sample of a
person’s oral fluid for drug testing under this Subpart.
99.140 How
samples are taken and tested
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 this regulation.
99.145 Approved
drug testing devices to be used for initial drug tests
(1) If an approved tester is conducting an initial drug
test under this Subpart, the tester must use an approved drug testing device to
do the test.
(2) The approved tester must ensure that the device is
stored, tested, maintained and operated in accordance with the legislative
instrument made by CASA for the purposes of this subregulation.
99.150 Method
for determining sample identifiers
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 this Subpart and send for confirmatory
drug tests.
Subdivision
99.C.2.2 Initial
drug tests
99.155 Taking
samples
(1) For the purposes of obtaining a body sample for
drug testing, an approved tester may require a donor to do any or all of the
following:
(a) swallow or otherwise remove substances from
his or her mouth;
(b) demonstrate to the tester that the donor’s
mouth is free from foreign substances;
(c) in the tester’s presence, rehydrate by
drinking up to 300 ml of water within 15 minutes of being required to do
so by the tester.
(2) If the approved tester has required the donor to
drink water, the tester:
(a) must not take the body sample sooner than
the period of 10 minutes after the donor finishes drinking; and
(b) must take the body sample as soon as
practicable after the end of the period referred to in paragraph (a).
(3) For the purposes of obtaining the body sample, the
approved tester may require the donor to:
(a) abstain from smoking, eating, drinking or
chewing for 10 minutes prior to the taking of sample; and
(b) remain in the tester’s presence for that
period.
99.160 Initial
drug test
As soon as practicable after the approved tester
has taken a body sample from a donor for a drug test, the tester must conduct
an initial drug test on the sample.
99.165 If
initial drug test result is not positive
(1) If the result of an
initial drug test is not a positive result, the approved tester must, as soon
as practicable after the result is returned:
(a) discard the body sample or deal with it in
such a way that the sample cannot be identified as being given by the donor of
it; and
(b) give the donor a notice that includes the
information specified in subregulation 99.175 (1) in respect of the
test.
(2) As soon as practicable after giving the notice to
the donor, the approved tester must give CASA a notice that includes the
information given to the donor in that notice.
99.170 If
initial drug test result is positive
Further body sample may be taken
(1) If the result of an initial drug test is a positive
result, the approved tester may take a further body sample from the donor for a
confirmatory drug test.
(2) The further body sample, if any, must be taken as
soon as practicable after the initial body sample was taken.
(3) The approved tester may send either the initial body
sample or the further body sample for a confirmatory drug test.
(4) The approved tester must:
(a) inform the donor which body sample will be
used for the confirmatory drug test; and
(b) discard the body sample that is not being
used.
Notice to be given
(5) If the result of an initial drug test is a positive
result, the approved tester must, as soon as practicable:
(a) give the donor a notice that includes the
information specified in subregulations 99.175 (1) and (2) in respect
of the test; and
(b) give the approved laboratory to whom the body
sample will be sent for a confirmatory drug test a notice that includes the
information specified in subregulation 99.175 (3); and
(c) give CASA a notice that includes the
information given to:
(i) the donor under the notice given
under paragraph (a); and
(ii) the laboratory under
paragraph (b).
(6) The notice to the approved laboratory under
paragraph (5) (b) must accompany the body sample to the laboratory.
99.175 Notices
of initial drug test
Notice to donor
(1) The notice given to the donor under
paragraph 99.165 (1) (b) or 99.170 (5) (a) must
contain the following:
(a) the donor’s name, date of birth, gender,
residential address and telephone number, and an indication of whether those
details were provided by the donor or the donor’s DAMP organisation (if any) or
a DAMP contractor;
(b) the date and time that the donor was asked by
the approved tester to stop performing or being available to perform SSAAs for
the purposes of giving a body sample for a drug test;
(c) the applicable SSAA that the donor was
performing or available to perform at the time the donor was tested;
(d) the date, time and location of the place that
an initial drug test was conducted on the donor’s body sample;
(e) the test result for the initial drug test;
(f) the initials of the tester and his or her
allocated number.
(2) If the result of the initial drug test is a
positive result, the notice must also include the following:
(a) the details of any photographic
identification provided by the donor;
(b) the make, model and serial number of the
approved drug testing device used to conduct the initial drug test;
(c) the sample identifier allocated to the body
sample taken for a confirmatory drug test by the approved tester (see
paragraph 99.180 (1) (a));
(d) a certification by the tester about whether
the body sample has been taken and tested in accordance with the requirements
of the regulations and any applicable legislative instrument made by CASA under
the regulation 99.140;
(e) a
certification by the tester about whether the device has been stored, tested,
maintained and operated in accordance with the legislative instrument made by
CASA under subregulation 99.145 (2).
Note If the result of the initial drug
test is a positive result, subregulation 99.180 (7) may also require
the notice to contain certain things.
Notice to approved laboratory
(3) For
paragraph 99.170 (5) (b), the notice must contain the following:
(a) the sample identifier allocated to the body
sample by the approved tester;
(b) the date time that the body sample was given;
(c) the results of the initial drug test;
(d) the list of testable drugs that the tester
wants the approved laboratory to test for in the confirmatory drug test;
(e) the name of the approved tester.
99.180 Dealing
with samples for confirmatory drug test
(1) If the result of an initial drug test is a positive
result, as soon as practicable after the result is known, the approved tester
must:
(a) allocate to the body sample a sample
identifier; and
(b) divide the body sample into approximately
equal lots to be known as Sample A and Sample B; and
(c) place Sample A and Sample B into separate
specimen tubes; and
(d) place both tubes into a single container.
(2) In allocating the sample identifier under
paragraph (1) (a), the approved tester must use the method specified
in a legislative instrument made by CASA under regulation 99.150.
(3) The amount of body sample in Sample A and Sample B
must be sufficient for a confirmatory drug test to be conducted.
(4) Immediately before the body sample is placed in
them, the tubes must:
(a) be in the packages provided by the
manufacturer; and
(b) not have been used for any purpose; and
(c) be in such a condition that they do not
affect the quality of the body sample taken.
(5) As soon as practicable after placing Sample A and
Sample B into separate specimen tubes, the approved tester must:
(a) securely seal each tube with tamper‑evident
seals; and
(b) label each tube with the following
information:
(i) the tester’s initials;
(ii) the sample identifier for the body
sample;
(iii) information about whether the tube
contains Sample A or Sample B.
(6) The approved tester must ask the donor to:
(a) witness the tester’s actions under this
regulation in respect of the body sample; and
(b) initial the tamper‑evident seals on the
tubes; and
(c) sign the notice given to the donor under
regulation 99.175.
(7) If the donor refuses a request made
by the approved tester under subregulation (6), the tester must, in the
notice given under paragraph 99.170 (5) (a), set out that fact.
99.185 Transporting
samples
(1) As soon as practicable after placing a body sample
into specimen tubes, the approved tester must cause the tubes to be sent to an
approved laboratory for confirmatory drug testing.
(2) The approved tester must send the specimen tubes in
a way that results in the tubes arriving at the approved laboratory as soon as
practicable after the tester places the body sample into the tubes.
Note Under
subregulation 99.170 (6), a notice from the approved tester must
accompany the samples to the approved laboratory.
(3) The specimen tubes must be stored prior to transport
and transported in such a way that the integrity of the body sample is
preserved.
Subdivision
99.C.2.3 Receipt
and storage of samples by approved laboratories
99.190 Receipt
of samples
(1) If an approved laboratory receives a body sample
divided into Sample A and Sample B for a confirmatory drug test, the laboratory
must, as soon as practicable after receiving the specimen tubes:
(a) inspect each tube for damage; and
(b) check that the seals on the tubes are intact.
(2) If a seal on a specimen tube is not intact, or a
specimen tube is damaged in such a way that the integrity of the body sample
may have been compromised, the laboratory must:
(a) not test the part of the body sample
contained in the tube; and
(b) discard the contents of the tube.
(3) If the laboratory discards the contents of both of
the specimen tubes, as soon as practicable after the day the laboratory
received the tubes, the laboratory must send to CASA a dated, written notice
that includes the following information:
(a) the date and time of receipt of the body
sample at the laboratory;
(b) the sample identifier for the body sample;
(c) a statement about why both tubes were
discarded.
(4) As soon as practicable after CASA receives the
notice from the laboratory, CASA must give a written a notice to the donor that
includes the following:
(a) the sample identifier for the body sample;
(b) a statement:
(i) that neither Sample A nor Sample B
could be tested because the integrity of the body samples had been compromised;
and
(ii) that both Sample A and Sample B
were discarded by the laboratory.
99.195 Storage
of samples
If neither Sample A nor Sample B is discarded
(1) Subregulations (2), (3) and (4) apply if:
(a) an approved laboratory receives a body
sample for a confirmatory drug test that is divided into Sample A and Sample B;
and
(b) neither Sample A nor Sample B is discarded
under subregulation 99.190 (2) or (3).
(2) Sample A and Sample B must be stored in a secured
refrigeration unit until Sample A is tested.
(3) If the test result for the confirmatory drug test
on Sample A is a positive result, Sample B must be:
(a) stored in a secure freezer; and
(b) kept for 100 days from the date of the
positive result and then discarded.
(4) If the test result for Sample A is not a positive
result, Sample B must be discarded.
If one of the specimen tubes is discarded
(5) If:
(a) an approved laboratory receives a body
sample for a confirmatory drug test that is divided into Sample A and Sample B;
and
(b) either Sample A or Sample B is discarded
under subregulation 99.190 (2);
then the remaining specimen tube must be stored in a secured refrigeration
unit until it is tested.
Subdivision
99.C.2.4 Conduct of
drug tests by approved laboratories
99.200 Testing
Sample A
(1) An approved laboratory must test Sample A of a body
sample it receives for confirmatory drug testing if the laboratory is satisfied
that Sample A retains its integrity.
(2) If the integrity of Sample A of a body sample may
have been compromised, or the Sample A is for some reason unavailable for
confirmatory drug testing, the approved laboratory must deal with Sample B of
the body sample as if it were Sample A.
(3) These Regulations apply to the Sample B accordingly.
(4) If Sample B of the body sample is to be dealt with
as if it were Sample A, Sample B is to be known as Sample A from the time that
Sample B, under this regulation, is required to be dealt with as Sample A.
99.205 Samples
to be tested in accordance with National Association of Testing Authorities’
accreditation
An approved laboratory must test body samples
received under this Subpart in accordance with the laboratory’s accreditation
by the National Association of Testing Authorities.
99.210 Notices
of Sample A results
Laboratory to CASA
(1) As soon as practicable after a confirmatory test is
conducted on Sample A of a body sample by an approved laboratory, the
laboratory must send to CASA a dated, written notice that includes the
following:
(a) the date and time of receipt of the body
sample at the laboratory;
(b) the sample identifier for the body sample;
(c) a statement as to whether the tamper‑evident
seals on the specimen tubes containing the body sample were intact on receipt
by the laboratory;
(d) the list of testable drugs that the approved
tester of the initial drug test asked to be tested;
(e) the date and time that Sample A was tested;
(f) the method used for the testing;
(g) the target concentrations of the testing;
(h) the result of the test;
(i) a statement about whether the body sample
has been tested in accordance with these Regulations, and any conditions
attached to the laboratory’s National Association of Testing Authorities
accreditation;
(j) the name of the person who declared the
results of the test.
(2) The notice must be signed by the laboratory’s
approved person.
CASA to donor — oral notice
(3) As soon as practicable after
CASA receives the notice from the laboratory, CASA must give oral notice to the
donor of the body sample of the confirmatory test result on Sample A.
CASA to donor — written notice
(4) As soon as practicable
after CASA gives the oral notice, CASA must give a written notice to the donor
that includes the following:
(a) the sample identifier for Sample A and
Sample B;
(b) the list of testable drugs that were tested
for;
(c) a statement as to whether the tamper‑evident
seals on the specimen tubes containing the body sample were intact on receipt
by the approved laboratory that tested them;
(d) the date and time that Sample A was tested;
(e) the method used for the testing;
(f) the target concentrations of the testing;
(g) the result of the test;
(h) a statement about whether the body
sample has been tested in accordance with these Regulations and any
conditions attached to the laboratory’s National Association of Testing
Authorities accreditation;
(i) if the result of the test is a positive
result:
(i) information about the donor’s
rights to have Sample B tested; and
(ii) information about how the donor
gets Sample B tested and the costs associated with that testing.
99.215 Donor
may request testing of Sample B
(1) If the test result for Sample A of a body sample is
a positive result, the donor of the body sample may apply to CASA to either:
(a) have conducted on Sample B of the body
sample a further confirmatory drug test by the approved laboratory (the original
laboratory) that tested Sample A; or
(b) have Sample B transferred to another approved
laboratory (the second laboratory) for a further confirmatory
drug test.
Note If the integrity of either Sample A
or Sample B of a body sample has been compromised, the compromised specimen
tube will have been discarded. There will not be a Sample B to be tested
because, under regulation 99.200, Sample B will become known as Sample A.
(2) The application must be made within 90 days of the
date of the written notice of the test result for the confirmatory drug test on
Sample A being given to the donor.
(3) The donor is liable to pay the costs of testing
Sample B and any transportation costs associated with transporting Sample B to
the second laboratory (if any).
Original laboratory to test Sample B
(4) If the original laboratory is advised by CASA to
test Sample B, it must do so.
Second laboratory to test Sample B
(5) If the original laboratory is notified by CASA to
transport Sample B to a specified second laboratory for testing, the original
laboratory must package and transport Sample B as provided for in regulation
99.185 as if the original laboratory were the approved tester for the body
sample.
(6) The original laboratory must send the specimen tube
in a way that results in the tube arriving at the approved laboratory as soon
as practicable.
(7) The specimen tubes must be stored prior to transport
and transported in such a way that the integrity of the body sample is
preserved.
(8) CASA must notify the second laboratory of the
matters specified in subregulation 99.175 (3) in respect of Sample B.
(9) On receipt of Sample B, the second laboratory must:
(a) test the sample in accordance with the
notice; and
(b) deal with the sample as if it were the
original laboratory and these regulations apply to that second laboratory
accordingly.
99.220 Approved
laboratory to keep Sample B
(1) This regulation applies if:
(a) an approved laboratory receives a body
sample for a confirmatory drug test that is divided into Sample A and Sample B;
and
(b) the test result for the confirmatory drug
test on Sample A is a positive result; and
(c) there is a Sample B remaining after Sample A
is tested.
(2) The approved laboratory must keep Sample B for the
100‑day period specified in paragraph 99.195 (3) (b), unless the donor:
(a) applies to CASA to have a confirmatory drug
test conducted on Sample B; and
(b) applies within 90 days of the date of the
written notice of the test result for the confirmatory drug test on Sample A
being given to the donor.
(3) If the donor does not apply to CASA within the 90‑day
period mentioned in subregulation (2), the approved laboratory must
discard Sample B at the end of the 100‑day period specified in paragraph
99.195 (3) (b).
99.225 Notices
of Sample B results
(1) If a confirmatory drug test is conducted on Sample B
of a body sample, the notices specified in subregulation 99.210 (1)
and (3) must be given in respect of that test.
(2) The notices must be given in the form and within the
timeframes required by regulation 99.210.
(3) The written notice to the donor must contain the
following:
(a) the sample identifier for Sample A and
Sample B;
(b) a statement that Sample B was tested;
(c) a statement as to whether the tamper‑evident
seals on the specimen tubes containing the body sample were intact on receipt
by the approved laboratory that tested them;
(d) the list of testable drugs that were tested
for;
(e) the date and time that Sample B was tested;
(f) the method used for the testing;
(g) the target concentrations of the testing;
(h) the result of the test;
(i) a statement about whether the sample
has been tested in accordance with these Regulations and any conditions
attached to the laboratory’s National Association of Testing Authorities
accreditation.
99.230 Test
results
(1) If a confirmatory drug test is conducted on Sample A
of a body sample and the result is not a positive result, then the test result
for the body sample is taken not to be a positive result.
(2) Subject to subregulations (4) and (5), if a
confirmatory drug test is conducted on Sample A of a body sample and the result
is a positive result, then the test result for the body sample is taken to be a
positive result.
(3) Subject to subregulation (5), if:
(a) a confirmatory drug test is conducted on
Sample A of a body sample and the result is a positive result; and
(b) the donor applies to CASA to have a
confirmatory drug test conducted on Sample B of a body sample before the expiry
of the period mentioned in subregulation 99.215 (2); and
(c) the result of the test on Sample B is a
positive result;
then the test result for the body sample is taken to be a positive
result.
(4) If:
(a) a confirmatory drug test is conducted on
Sample A of a body sample and the result is a positive result; and
(b) the donor applies to CASA to have a
confirmatory
drug test conducted on Sample B of the sample before the expiry of the period
mentioned in subregulation 99.215 (2); and
(c) the result of the test on Sample B is not a
positive result, or Sample B is not available to be tested;
then, despite the positive result for Sample A, the test result for
the body sample is taken not to be a positive result.
Note Under regulation 99.200, Sample
B may have been dealt with as if it were Sample A. In that case, there will not
be a Sample B to test.
(5) A positive result for a confirmatory drug test on
either Sample A or Sample B of a body sample is taken not to be a positive
result for the sample if a CASA medical review officer has determined that the
test result for the sample could be the result of legitimate therapeutic
treatment or some other innocuous source.
Subdivision
99.C.2.5 Record‑keeping
99.235 Approved
laboratory to keep records
(1) An approved laboratory must keep a copy of a notice
sent under regulation 99.210 for 7 years from the date the notice was sent.
Penalty: 50 penalty units.
(2) The laboratory must
keep the copy in a secure location.
Penalty: 50 penalty units.
(3) During the 7‑year period, the laboratory must
provide a copy of the notice to CASA if required to.
Penalty: 50 penalty units.
(4) An offence against subregulation (1), (2) or (3) is an offence of strict liability.
(5) Subject to any requirement in any
other Commonwealth, State or Territory law, the copy must be destroyed at the
end of the 7‑year period.
Division 99.C.3 Alcohol testing
99.240 Which
body samples may be alcohol tested
An approved tester conducting an alcohol test under
this Subpart may only take a sample of a person’s breath for testing.
99.245 How
samples are taken and tested
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 this regulation.
99.250 Approved
breathalysers to be used in alcohol tests
(1) If an approved tester is conducting an initial
alcohol test under this Subpart, the tester must only use an approved
breathalyser to conduct the test.
(2) If the approved tester is conducting a confirmatory
alcohol test under this Subpart, the tester must only use a breathalyser that:
(a) is an approved breathalyser; and
(b) meets the requirements of
NMI R 126, Pattern Approval Specifications for Evidential Breath
Analysers.
(3) The approved tester must ensure that the
breathalyser is stored, tested, maintained and operated in accordance with a
legislative instrument made for the purposes of this subregulation.
99.255 Alcohol
tests
(1) To conduct an initial alcohol test, an approved
tester must take a breath sample.
(2) If the result of the initial alcohol test is not a
positive result, the approved tester must give the donor a notice that includes
the information specified in regulation 99.265 in respect of the initial
alcohol test.
(3) If the result of the initial alcohol test is a
positive result, the approved tester must take a further breath sample from the
donor for a confirmatory alcohol test.
(4) The further sample must be taken as soon as
practicable, but not sooner than 15 minutes, after the initial alcohol test
sample was taken.
(5) After the result of the confirmatory alcohol test is
available, the approved tester must give the donor a notice that includes the
information specified in regulation 99.265 in respect of the confirmatory
alcohol test.
99.260 Test
results
(1) If an initial alcohol test is conducted on a body
sample and the result is not a positive result, then the test result for the
body sample is taken not to be a positive result.
(2) If:
(a) an initial alcohol test is conducted on a
body sample and the result is a positive result; and
(b) a confirmatory alcohol test in respect of THE
initial alcohol test is conducted on a body sample; and
(c) the result of
the confirmatory alcohol test is a positive result;
then the test result for the body sample is taken to be a positive
result.
(3) If:
(a) an initial alcohol test is conducted on a
body sample and the result is a positive result; and
(b) a confirmatory alcohol test is conducted on
the body sample and the result of the test is not a positive result;
then, despite the positive result for the initial alcohol test, the
result for the body sample is taken not to be a positive result.
99.265 Notice
of alcohol test
(1) This regulation sets out the notice requirements
that apply if an approved tester is required under regulation 99.255 to
give a notice to a donor.
(2) The notice given to the donor must contain the
following:
(a) the donor’s name, date of birth, gender,
residential address and telephone number, and an indication of whether those
details were provided by the donor or the donor’s DAMP organisation (if any);
(b) the date and time that the donor was asked by
the approved tester to stop performing or being available to perform SSAAs for
the purposes of giving a body sample for an alcohol test;
(c) the date, time and location of the place
that the donor’s body sample was taken and tested;
(d) the test result;
(e) the applicable SSAA that the donor was
performing or available to perform at the time the donor was tested.
(3) If the result of the confirmatory alcohol test is a
positive result, the notice must also contain the following:
(a) the make, model and serial number of the
approved breathalyser used to conduct the testing of the body sample;
(b) the details of any photographic
identification provided by the donor;
(c) a certification by the approved tester about
whether the body sample has been taken and tested in accordance with the
requirements of the regulations and any applicable legislative instrument made
under regulation 99.245;
(d) a certification by the tester about whether
the breathalyser has been stored, tested, maintained and operated in accordance
with the legislative instrument made under subregulation 99.250 (3);
(e) the initials of the tester and his or her
allocated number.
(4) If the result of the confirmatory alcohol test is
positive, the approved tester when giving the notice to the donor must ask the
donor to sign the notice.
99.270 Notice
to CASA
As soon as practicable after the giving of a notice
to the donor under regulation 99.265, the approved tester must give CASA a
notice that includes the information given to the donor.
Subpart 99.D Evidentiary certificates and prescribed proceedings
Division 99.D.1 Purposes of Subpart
99.275 Purposes
of Subpart
This Subpart provides for the following:
(a) evidentiary certificates (Division 99.D.2);
(b) prescribed proceedings for
paragraph 36 (4) (d) of the Act (Division 99.D.3).
Division 99.D.2 Evidentiary
certificates
99.280 Certificates
by approved tester
Matters relating to samples for initial drug tests
(1) A certificate that under subsection 36 (4) of
the Act is admissible in proceedings concerning an initial drug test must:
(a) be signed by an approved tester; and
(b) be in respect of a body sample taken by the
tester for an initial drug test; and
(c) be in respect of a body sample that the
tester conducted an initial drug test on; and
(d) state one or more of the matters set out in
subregulation (3).
(2) Subject to regulation 99.305, if subregulation (1)
is complied with, then the certificate is admissible as evidence of the matters
stated in the certificate in any proceedings under the Act, these Regulations
or the Criminal Code.
Note Regulation 99.315 prescribes
proceedings under the Criminal Code for the purposes of
paragraph 36 (4) (d) of the Act.
(3) For paragraph (1) (d), the matters are as
follows:
(a) the
approved tester’s allocated number;
(b) that the tester who signed the certificate
was an approved tester at the time the body sample was taken;
(c) when the body sample was taken;
(d) from whom the body sample was taken;
(e) the applicable SSAA that the donor was
performing or available to perform at the time the body sample was taken;
(f) the make, model and serial number of the
approved drug testing device used to conduct the test on the body sample;
(g) a description of the method of sampling;
(h) whether the test conducted on the body sample
was an initial drug test;
(i) the result of the test conducted;
(j) the sample identifier, if any, for the body
sample.
Matters relating to alcohol tests
(4) A certificate that under subsection 36 (4) of
the Act is admissible in proceedings concerning an alcohol test under Subpart
99.C must:
(a) be signed by an approved tester; and
(b) be in respect of a body sample taken by the
tester for an alcohol test; and
(c) state one or more of the matters set out in
subregulation (6).
(5) Subject to regulation
99.305, if subregulation (4) is complied with, then the certificate is
admissible as evidence of the matters stated in the certificate in any
proceedings under the Act, these Regulations or the Criminal Code.
Note Regulation 99.315 prescribes
proceedings under the Criminal Code for the purposes of
paragraph 36 (4) (d) of the Act.
(6) For paragraph (4) (c), the matters are as
follows:
(a) the
approved tester’s allocated number;
(b) that the tester who signed the certificate
was an approved tester at the time the body sample was taken;
(c) when the body sample was taken;
(d) from whom the body sample was taken;
(e) the applicable SSAA that the donor was
performing or available to perform at the time the body sample was taken;
(f) the make, model and serial number of the
approved breathalyser used to take the body sample and conduct the test;
(g) a description of the method of sampling;
(h) the alcohol test conducted on the body
sample;
(i) the result of the test conducted.
99.285 Certificates
by approved laboratory
(1) A certificate that under subsection 36 (4) of
the Act is admissible in proceedings concerning a confirmatory drug test must:
(a) be signed by an approved laboratory; and
(b) be in respect of a body sample on which a
confirmatory drug test was conducted by the laboratory; and
(c) state one or more of the matters set out in
subregulation (3).
(2) Subject to regulation
99.305, if subregulation (1) is complied with, then the certificate is
admissible as evidence of the matters stated in the certificate in any
proceedings under the Act, these Regulations or the Criminal Code.
Note Regulation 99.315 prescribes
proceedings under the Criminal Code for the purposes of
paragraph 36 (4) (d) of the Act.
(3) For paragraph (1) (c), the matters are as
follows:
(a) the sample identifier for the body sample;
(b) that the person who signed the certificate
was an approved laboratory or the laboratory’s approved person at the time the
certificate was signed;
(c) when the
body sample was received;
(d) what, if any, labels or other means of
identifying the body sample accompanied the body sample when it was received;
(e) what container or containers the body sample
was contained in when it was received;
(f) the state of the seals on the container or
containers when the body sample was received;
(g) the state of the container or containers when
the body sample was received;
(h) when the body sample was tested;
(i) a description of the way in which the body
sample was stored by the laboratory;
(j) a description of the method of testing;
(k) the testable drugs tested for;
(l) the result of the test conducted.
99.290 Document
taken to be a certificate unless contrary intention established
For the purposes of this Subpart, a document
purporting to be a certificate referred to in regulation 99.280 or 99.285
is, unless the contrary intention is established, taken to be such a
certificate and to have been duly given.
99.295 Certificate
not to be admitted unless copy given
A certificate must not be admitted in evidence
under regulation 99.280 or 99.285 in any proceedings under the Act, these
Regulations or the Criminal Code unless:
(a) the person charged with the offence; or
(b) a barrister or solicitor who has appears for
the person in those proceedings;
has, at least 14 days before the certificate is sought to be so
admitted, been given a copy of the certificate together with reasonable notice
of the intention to produce the certificate as evidence in the proceedings.
99.300 Person
signing the certificate may be called to give evidence
(1) Subject to subregulation (2), if, under
regulation 99.280 or 99.285, a certificate is admitted in evidence in
proceedings, the person charged with the offence may require the person who
signed the certificate to be called as a witness for the prosecution and cross‑examined
as if he or she had given evidence of the matters stated in the certificate.
(2) Subregulation (1) does not entitle the person
charged to require the person who signed the certificate to be called as a
witness for the prosecution unless:
(a) the prosecutor has been given at least 4
days notice of the person’s intention to require the person who signed the
certificate to be so called; or
(b) the Court, by order, grants the person’s
application to require the calling of the witness.
99.305 Rebuttal
evidence
(1) Any evidence given in support, or in rebuttal, of a
matter stated in a certificate given under regulation 99.280 or 99.285
must be considered on its merits, and the credibility and probative value of
such evidence must be neither increased nor diminished because of this Subpart.
(2) The evidential burden in rebutting a matter stated
in a certificate given under regulation 99.280 or 99.285 is on the balance of
probabilities.
99.310 CASA
may ask for full certificate
(1) CASA may, by notice in writing, ask:
(a) an approved tester to provide a certificate,
under subregulation 99.280 (1) or (4); or
(b) an approved laboratory to provide a
certificate, under regulation 99.285;
that contains all of the matters listed in the particular
provision.
(2) The approved tester
or approved laboratory must comply with the notice within 7 days of receiving
it.
Penalty: 50 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
Division 99.D.3 Prescribed
proceedings
99.315 Prescribed
proceedings
For paragraph 36 (4) (d) of the Act,
proceedings under the Criminal Code are prescribed.
Subpart 99.E Offences for Subpart 99.C
Division 99.E.1 Purposes of
Subpart
99.320 Purposes
of Subpart
This Subpart provides for the following:
(a) offences relating to Subpart 99.C (Division
99.E.2);
(b) CASA medical review officers (Division
99.E.3).
Division 99.E.2 Offences
Subdivision
99.E.2.1 Offences
relating to giving a body sample
99.325 Failing
to carry identification whilst undertaking applicable SSAA
(1) If:
(a) a person is performing or available to
perform an applicable SSAA; and
(b) as part of the process of taking a body
sample for a drug or alcohol test under Subpart 99.C, an approved tester
requires the person to produce identification of a kind set out in
subregulation (2);
the person must either:
(c) immediately produce to the tester the
identification; or
(d) produce to the
tester the identification within 1 hour after being required to do so.
Penalty: 10 penalty units.
(2) For subregulation (1), the kinds
of identification are as follows:
(a) identification that:
(i) contains a
photograph of the person and sets out the person’s name, date of birth and
address; and
(ii) was issued by a
Commonwealth, State, Territory or local government body;
(b) identification that is
issued by a DAMP organisation that contains a photograph of the person and the
person’s name;
(c) an ASIC;
(d) a passport.
(3) An offence against subregulation (1) is an offence of strict liability.
99.330 Refusing
or failing to give a body sample
(1) A person must not refuse or fail to give a body
sample to an approved tester for a drug or alcohol test under Subpart 99.C if:
(a) the person is performing or available to
perform an applicable SSAA; and
(b) at the time the person is performing or
available to perform the applicable SSAA, the person is required to give a body
sample for a drug or alcohol test by the approved tester; and
(c) the approved tester, in requiring and taking
or seeking to take the body sample, complies with the requirements of this Part
or any legislative instrument made under this Part.
Penalty: 50 penalty units.
(2) It is a defence to subregulation (1) if a
person failed to give a body sample because the person had a medical condition
that rendered the person unable to give the body sample.
(3) An offence against subregulation (1) is an offence of strict liability.
99.335 Continuing to perform applicable SSAA after refusing a
drug or alcohol test or failing to give a body sample
(1) This regulation applies if:
(a) a person is performing or available to
perform an applicable SSAA; and
(b) the person is required by an approved tester
to provide a body sample for a drug or alcohol test under Subpart 99.C;
and
(c) the person:
(i) refuses to provide a body sample
to be tested; or
(ii) fails to provide a body sample to
be tested.
(2) The person must not
again perform or be available to perform an applicable SSAA until the person is
drug or alcohol tested under this Part.
Penalty: 50 penalty units.
Note 1 If the person receives a
confirmatory drug test and the result is a positive result, the person may be
liable to an offence if the person contravenes regulation 99.380.
Note 2 It is an offence for the person to
contravene regulation 99.345 or 99.380 in respect of the drug test.
(3) An offence against subregulation (2) is an offence of strict liability.
99.340 Failing to stop performing an applicable SSAA
(1) If
an approved tester requires a person to stop performing or being available to
perform an applicable SSAA for the time it takes for the tester to take a body
sample from the person and conduct a drug or alcohol test under
Subpart 99.C on the body sample, the person must comply with the requirement.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
99.345 Failing to remain in approved tester’s presence
(1) If an approved tester requires a person to remain in the tester’s presence for the time it takes
for the tester to take a body sample from the person and conduct a drug or
alcohol test under Subpart 99.C on the body sample, the person must comply
with the requirement.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
99.350 Person must not interfere with integrity of body sample
(1) If a person is giving, or has
given, a body sample for a drug or alcohol test under this Part, a person must
not interfere with the integrity of that sample.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Subdivision
99.E.2.2 Offences
occurring after positive test result
99.355 Continuing to perform applicable SSAA between having
initial drug test and confirmatory drug test
(1) This regulation applies if:
(a) a person is performing or available to
perform an applicable SSAA; and
(b) the person receives an initial drug test; and
(c) the result of the initial drug test is a
positive result; and
(d) the person’s body sample in respect of the
initial drug test is being subjected to confirmatory drug testing by an
approved laboratory.
(2) The person must not
again perform or become available to perform an applicable SSAA until the
person has received a confirmatory drug test in respect of the initial drug
test.
Penalty: 50 penalty units
Note Regulation 99.360 provides an
offence for performing or being available to perform an applicable SSAA after a
confirmatory drug test has been given and before the results of that
confirmatory drug test are returned.
(3) An offence against subregulation (2) is an offence of strict liability.
(4) It is not an offence against
subregulation (2) for a person to perform or become available to perform
an applicable SSAA if the person’s body sample cannot be subjected to
confirmatory drug testing by an approved laboratory.
99.360 Continuing to perform applicable SSAA after having
confirmatory drug test and before result returned
(1) This regulation applies if:
(a) a person is performing or available to
perform an applicable SSAA; and
(b) the person receives an initial drug test; and
(c) the result of the initial drug test is a
positive result; and
(d) the person receives a confirmatory drug test
in respect of the initial drug test; and
(e) the test result for the confirmatory drug
test has not been returned to the person.
(2) The person must not again perform or be available to
perform an applicable SSAA until the result of the confirmatory drug test has
been returned to the person.
Penalty: 50 penalty units.
Note If the returned test result is a
positive result, then the person may be liable to an offence if the person
contravenes regulation 99.380.
(3) An offence against subregulation (2) is an offence of strict liability.
(4) It is not an offence against
subregulation (2) for a person to perform or become available to perform an
applicable SSAA if a test result for the confirmatory drug test cannot be
returned to the person because it was not possible to conduct the confirmatory
drug test.
99.365 Continuing to perform applicable SSAA before confirmatory
alcohol test result returned
(1) This regulation applies if:
(a) a person is performing or available to
perform an applicable SSAA; and
(b) the person receives an initial alcohol test;
and
(c) the initial alcohol test result is a positive
result.
(2) The person must not again perform or be available
to perform an applicable SSAA until the person has:
(a) received a confirmatory alcohol test in
respect of the initial alcohol test; and
(b) the test result for the confirmatory alcohol
test has been returned to the person.
Penalty: 50 penalty units
Note If the returned test result is a
positive result, then the person may be liable to an offence if the person
contravenes regulation 99.385.
(3) An offence against subregulation (2) is an offence of strict liability.
99.370 Performing
applicable SSAA showing positive result for testable drug
(1) A person must not perform or be available to
perform an applicable SSAA if:
(a) while the person is performing or available
to perform an applicable SSAA, the person gives a body sample for an initial
drug test under Subpart 99.C; and
(b) a confirmatory drug test in respect of the
initial drug test is conducted on Sample A of the person’s body sample; and
(c) the result of the confirmatory drug test on
Sample A is a positive result.
Penalty: 50 penalty units.
Note Regulation 99.230 deals with how you
determine the results of confirmatory drug tests.
(2) It is a defence to subregulation (1) if Sample B of
the person’s body sample is tested within the period specified in
subregulation 99.215 (2) and returns a result that is not positive.
(3) Subregulation (1) applies to create
an offence in respect only of the applicable SSAA that the person was
performing or available to perform at the time that the body sample for the
initial drug test was taken.
(4) An offence against subregulation (1) is an offence of strict liability.
99.375 Performing
applicable SSAA while showing positive result for a confirmatory alcohol test
(1) A person must not perform or be available to
perform an applicable SSAA if:
(a) while the person is performing or available
to perform an applicable SSAA, the person gives a body sample for an initial
alcohol test under Subpart 99.C; and
(b) the person gives a body sample for a
confirmatory alcohol test in respect of the initial alcohol test; and
(c) the result of the confirmatory alcohol test
is a positive result.
Penalty: 50 penalty units.
Note Regulation 99.260 deals with how you
determine the results of alcohol tests.
(2) Subregulation (1) applies to create
an offence in respect only of the applicable SSAA that the person was
performing or available to perform at the time that the body sample for the
initial alcohol test was taken.
(3) An offence against subregulation (1) is an offence of strict liability.
Subdivision
99.E.2.3 Offences
relating to returning to SSAAs after positive test result
99.380 Continuing
to perform applicable SSAA after having confirmatory drug test
(1) This regulation applies if:
(a) a person is performing or available to
perform an applicable SSAA; and
(b) the person receives an initial drug test; and
(c) the initial drug test result is a positive
result; and
(d) the person receives a confirmatory drug test
in respect of the initial drug test; and
(e) the test result for the confirmatory drug
test is a positive result.
(2) The person must not again perform or be available
to perform an applicable SSAA until all of the following have occurred:
(a) the person has undergone a comprehensive
assessment;
(b) if the comprehensive assessment recommended
the person commence a drug or alcohol intervention program — the person
has begun participating in a nominated drug or alcohol intervention program;
(c) the person is considered fit to resume
performing, or being available to perform, an applicable SSAA by:
(i) if the person is an employee of a
DAMP and the DAMP was notified of the test result for the confirmatory drug
test by CASA — a DAMP medical review officer; or
(ii) in any other case — a CASA
medical review officer;
(d) the person is considered fit to resume
performing, or being available to perform, an applicable SSAA by the person’s
treating clinician, if any;
(e) at the time the person was considered fit
under paragraphs (c) and (d), the person receives a confirmatory drug test
and records, for the test, a result that was not a positive result.
Penalty: 50 penalty units.
Note Regulation 99.230 deals with test
results for body samples that are drug tested.
(3) An offence against subregulation (2) is an offence of strict liability.
99.385 Continuing
to perform applicable SSAA after confirmatory alcohol test
(1) This regulation applies if:
(a) a person was performing or available to
perform an applicable SSAA; and
(b) the person has had an initial alcohol test;
and
(c) the test result for the initial alcohol test
was a positive result; and
(d) the person has had a confirmatory alcohol
test in respect of the initial alcohol test; and
(e) the test result for the confirmatory alcohol
test was again a positive result.
(2) The person must not again perform or become
available to perform an applicable SSAA until all of the following have
occurred:
(a) the person has undergone a comprehensive
assessment;
(b) if the comprehensive assessment recommended
the person commence a drug or alcohol intervention program — the person
has begun participating in a nominated drug or alcohol intervention program;
(c) the person is considered fit to resume
performing, or being available to perform, an applicable SSAA by:
(i) if the person is an employee of a
DAMP and the DAMP was notified of the test result for the confirmatory drug
test by CASA — a DAMP medical review officer; or
(ii) in any other case — a CASA
medical review officer;
(d) the person is considered fit to resume
performing, or being available to perform, an applicable SSAA by the person’s
treating clinician, if any.
Penalty: 50 penalty units.
Note Regulation 99.260 deals with test
results for body samples that are alcohol tested.
(3) An offence against subregulation (2) is an offence of strict liability.
Division 99.E.3 CASA medical
review officers
99.390 CASA
medical review officers
(1) CASA may, in writing, appoint a
person entitled to practice as a medical practitioner under a law of a State or
Territory to be a CASA medical review officer for the purposes
of Subpart 99.C.
(2) A CASA medical review officer must
review:
(a) a positive result for a
drug or alcohol test; and
(b) medical information
concerning a person’s failure to give a body sample for drug or alcohol testing
because of a medical condition;
before the result or failure is referred for
action for an offence under this Subpart, or for other action under the Act or
these Regulations.
(3) CASA must take into account the
results of a review carried out by a CASA medical review officer under
subregulation (2) before it makes a decision to refer a positive result for
action for an offence under this Subpart or for other action under the Act or
these Regulations.
Subpart 99.F Provision of information
Division 99.F.1 Purposes of
Subpart
99.395 Purposes
of Subpart
This Subpart provides for the exchange of
information about drug and alcohol tests between CASA and DAMP organisations,
and CASA and foreign operators.
Division 99.F.2 Information
99.400 Drug or alcohol test information given or required by CASA
(1) If:
(a) a drug or alcohol test is conducted on a
person under Subpart 99.C; and
(b) the person is a SSAA
employee of a DAMP organisation or an employee of a foreign operator; and
(c) the result of the test is a positive result;
CASA may notify the organisation or foreign operator of the matters
set out in a notice given to the person under
Subpart 99.C.
If CASA notifies a DAMP organisation
(2) If CASA notifies a DAMP
organisation under subregulation (1) of the results of the test, CASA may
require the organisation, by notice in writing, to provide CASA with the
information set out in subregulation (3) in respect of the employee.
(2A) If, under subregulation (2), CASA requires a DAMP
organisation to provide CASA with information, the DAMP organisation must, in
writing, provide CASA with that information.
Penalty: 50 penalty
units.
(3) CASA may require:
(a) information about what, if
any, action was taken by the DAMP organisation under its DAMP in respect of the
employee and the test result; and
(b) information about when,
after the result of the test became known, the employee again performed or
became available to perform a SSAA; and
(c) if the employee ceases to
be a SSAA employee of the organisation — information about whether the
employee so ceased:
(i) before the
employee had completed attending a nominated drug or alcohol
intervention program; or
(ii) before the
employee had been approved by the organisation to again perform or be available
to perform a SSAA.
If CASA notifies foreign operator
(4) If CASA notifies the foreign
operator under subregulation (1) of the results of the test, CASA may
require the operator, by notice in writing, to provide CASA with the
information relating to the test result specified in the notice.
(5) If, under subregulation (4), CASA requires a foreign
operator to provide CASA with information, the operator must, in writing,
provide CASA with that information.
Penalty: 50 penalty
units.
(6) An offence against subregulation (2A) or (5) is an
offence of strict liability.
99.405 Information that must be given to CASA following drug or alcohol
test
(1) This regulation applies if:
(a) CASA notifies a DAMP organisation of a
person’s test results in accordance with subregulation 99.400 (1); and
(b) the person is a SSAA employee of the DAMP;
and
(c) the person ceases to be a SSAA employee of
the DAMP organisation for any reason; and
(d) the cessation occurs after the test and
before the employee:
(i) resumes performing or being
available to perform an applicable SSAA with the organisation; or
(ii) satisfactorily completes a
nominated drug or alcohol intervention program.
(2) The DAMP organisation must, in writing, provide CASA
with the information set out in subregulation (3) in respect of the
employee.
Penalty: 50 penalty
units.
(3) The information is the following:
(a) the employee’s name and address;
(b) the employee’s ARN, if any;
(c) the date the employee ceased to work
for the DAMP organisation.
(4) An offence against subregulation (2) is an offence
of strict liability.
Subpart 99.G CASA’s powers in relation to civil aviation authorisations
Division 99.G.1 Purposes of
Subpart
99.410 Purposes
of Subpart
This Subpart provides for CASA to vary, suspend or
cancel a person’s civil aviation authorisation in certain circumstances.
Note CAR 269 allows CASA to vary, suspend
or cancel a licence, certificate or authority, but under that regulation CASA
must give the holder of the licence, certificate or authority notice and allow
the holder an opportunity to show cause why the licence, certificate or
authority should not be varied, suspended or cancelled.
99.415 When
CASA may vary, suspend or cancel a civil aviation authorisation
(1) CASA may, in writing, vary, suspend or cancel a
person’s civil aviation authorisation in the interests of aviation safety in
the following circumstances:
(a) if:
(i) the person gives a body sample for
drug or alcohol testing under Subpart 99.C; and
(ii) a confirmatory alcohol test or
confirmatory drug test is conducted on the sample; and
(iii) the test result is a positive
result;
(b) if a person refuses to give a body sample for
drug or alcohol testing under Subpart 99.C.
(2) If CASA determines that a person has contravened the
requirements of a regulation in Division 99.E.2 (other than
subregulation 99.325 (1)), CASA may, in writing, vary, suspend or
cancel the person’s civil aviation authorisation in the interests of aviation safety.
(3) If:
(a) CASA determines that a person has
contravened the requirements of a regulation in Subpart 99.B or 99.F; and
(b) the person holds a civil aviation
authorisation;
CASA may, in writing, vary, suspend or cancel the person’s civil
aviation authorisation in the interests of aviation safety.
(4) Before making a decision to vary, suspend or cancel
a person’s civil aviation authorisation under subregulation (3), CASA must:
(a) give the person a notice setting out the
reasons why CASA is considering making the decision; and
(b) allow the person to show cause, within such
reasonable time as CASA specifies in the notice, why CASA should not make the
decision.
Note See section 31 of the Act for review
of a decision under this regulation.
99.420 When
variation, suspension or cancellation takes effect
A variation, suspension or cancellation of a civil
aviation authorisation under regulation 99.415 takes effect from the date and
time (if any) specified in the variation, suspension or cancellation.
99.425 Notice
(1) If CASA varies, suspends or cancels a person’s
civil aviation authorisation under regulation 99.415, CASA must, as soon as
practicable after the variation, suspension or cancellation, give the person a
notice of the variation, suspension or cancellation that contains the following
information:
(a) whether the person’s authorisation is
varied, suspended or cancelled;
(b) the authorisation that is so varied,
suspended or cancelled;
(c) the reason for the variation, suspension or
cancellation;
(d) the time (if any) and date that the
variation, suspension or cancellation takes effect.
(2) If the notice given under subregulation (1) is not a
written notice, CASA must, within 48 hours after giving the notice under that
subregulation, give the person a written notice of the matters specified in
that subregulation.
99.430 Effect
of effluxion of time in relation to the suspension of civil aviation
authorisation
(1) If a civil aviation authorisation is
suspended under this Subpart, the authorisation has no force or effect for the
duration of the suspension, but the period of currency of the authorisation
continues to run.
(2) If the period for which the authorisation is
suspended is a period expiring after the expiration of the current period of
the authorisation, the holder of the authorisation is not eligible for renewal
of the authorisation until the period of suspension has expired.
99.435 Effect
of suspension of civil aviation authorisation
If CASA suspends a civil aviation authorisation
under this Subpart, its holder is taken not to be the holder of the
authorisation during the period of the suspension.
Subpart 99.H Approved testers and authorisations to conduct drug and
alcohol tests
Division 99.H.1 Purposes of
Subpart
99.440 Purposes
of Subpart
This Subpart provides for the following:
(a) approvals and authorisations of persons to
take body samples and conduct drug and alcohol tests (Division 99.H.2);
(b) obligations on approved testers, and
protection of approved testers from liability in certain cases
(Division 99.H.3);
(c) powers of approved testers (Division
99.H.4);
(d) identity cards for approved testers (Division
99.H.5);
(e) notices for approved testers (Division
99.H.6).
Division 99.H.2 Approvals and
authorisations
99.445 CASA
may approve persons to take body samples and conduct tests
(1) A person may apply to CASA, in writing, for approval
to take body samples for the purposes of Part IV of the Act.
(1A) Subject to regulation 11.055, CASA must grant the
approval.
(2) A person may apply to CASA, in writing, for approval
to conduct alcohol tests and initial drug tests for the purposes of Part IV of the
Act.
(2A) Subject to regulation 11.055, CASA must grant the
approval.
(2B) A person may apply to CASA, in writing, for approval
to conduct confirmatory drug tests for the purposes of Part IV of the Act.
(3) Subject to regulation 11.055, CASA must grant the
approval if the National Association of Testing Authorities accredits the
person:
(a) to AS 4760, Procedures for specimen
collection and the detection and quantitation of drugs in oral fluid; or
(b) another Standard that is declared by CASA in
a legislative instrument made for the purposes of this paragraph.
Note 1 An application must be in the
approved form, include all the information required by these Regulations and be
accompanied by every document required by these Regulations — see
regulation 11.030.
Note 2 Under regulation 201.004, an
application may be made to the Administrative Appeals Tribunal for review of:
(a) a decision refusing to issue, or cancelling, suspending
or varying, an approval; or
(b) a decision imposing a condition on an approval.
(5) If CASA approves a person under
subregulation (1) or (2), CASA must allocate to the person a unique identifying
number (an allocated number) for the purposes of this Subpart.
(6) The allocation must be in accordance with a method
approved by CASA for the purposes of this subregulation.
(7) The allocated number may include a numeral, letter
or other character.
99.450 Persons
authorised to take body samples and conduct tests
(1) For subsection 36 (2) of the Act, a person is
authorised to take body samples for drug or alcohol tests under Subpart 99.C if
the person is approved by CASA to do so under subregulation 99.445 (1).
(2) For subsection 36 (3) of the Act, a person is
authorised to conduct alcohol tests or initial drug tests under
Subpart 99.C if the person is approved by CASA to do that under
subregulation 99.445 (2).
(3) For subsection 36 (3) of the Act, a person is
authorised to conduct confirmatory drug tests under Subpart 99.C if the person
is approved by CASA to do that under subregulation 99.445 (3).
Division 99.H.3 Obligations on
approved testers and protection from liability
99.455 Obligations
on approved testers
(1) An approved tester who wants to take a body sample
from a donor must comply with the requirements of this Part in requiring,
taking and dealing with the body sample.
(2) Before taking a body sample from a donor, an
approved tester must give the donor notice, in relation to any information
about the donor that is collected by the tester, that meets the requirements of
Information Privacy Principle 2 of the Privacy Act 1988.
(3) The tester must ensure that he or she does not delay
the donor for longer than is necessary to take the body sample and to conduct
the test.
99.460 Approved
testers not liable in certain cases
An approved tester is not liable to an action, suit
or proceeding for or in relation to an act done or omitted to be done, in good
faith in the performance or exercise, or the purported performance or exercise,
of a function or power conferred by this Part.
Division 99.H.4 Powers of
approved testers
99.465 Approved
testers’ powers to access premises
(1) Subject to any aviation security
requirements, an approved tester must, at all reasonable times, have access to
any place to which access is necessary for the purposes of carrying out any of
the approved tester’s powers and functions under this Part.
(2) A person must not prevent, or hinder,
access by an approved tester to any place to which access is necessary for the
purposes of carrying out any of the approved tester’s powers or functions under
this Part.
Penalty: 50 penalty units.
(3) An offence against subregulation (2) is an
offence of strict liability.
(4) An approved tester must produce his or
her identity card for inspection if asked to do so by the occupier or person in
charge, or apparently in charge, of the place to which the tester seeks access.
(5) If an approved tester:
(a) is acting as an approved tester; and
(b) seeks or is allowed access to a place
specified in subregulation (1); and
(c) fails to produce his or her identity card
for inspection when asked to do so;
the tester is not authorised to access the place under that
subregulation and, if access has been given to the tester, the tester must
leave the place.
Division 99.H.5 Identity cards
99.470 Identity
cards
(1) CASA must issue an approved tester with an identity
card for the purposes of this Part.
(2) The identity card is valid for the period that the
person has been approved under regulation 99.445, or until that approval is
suspended or revoked.
(3) The card must:
(a) contain a recent photograph of the person;
and
(b) specify whether the person is authorised to
take body samples for drug or alcohol tests, or both; and
(c) specify that the person is authorised to
conduct alcohol tests or initial drug tests, or both; and
(d) state the person’s allocated number; and
(e) state the period for which the person is
authorised to be an approved tester.
99.475 Return
of identity card
(1) If:
(a) a person has been issued with an identity
card; and
(b) either:
(i) the person ceases to be an
approved tester; or
(ii) the person’s approval under
regulation 99.445 is suspended;
the person must return the card to CASA within 7 days of the person
ceasing to be an approved tester, or of the person’s approval being suspended,
as the case may be.
Penalty: 10 penalty unit.
(2) An offence against subregulation (1) is an offence
of strict liability.
99.480 Display
and production of identity cards
(1) If an approved tester is performing functions or
exercising powers under this Part, the tester must:
(a) wear his or her identity card so that it can
be readily seen; and
(b) upon request, show his or her identity card
to a person from whom the approved tester intends to take a body sample for a
drug or alcohol test.
(2) A donor who has been required by an approved tester
to give a body sample for a drug or alcohol test may refuse to give the body
sample if:
(a) the donor requests the tester to show the
donor the tester’s identity card; and
(b) the tester does not show the donor the card.
99.485 Suspension
or revocation of authorisation
(1) This regulation applies if an approved tester:
(a) breaches a condition of the tester’s
approval given under regulation 99.445; or
(b) does not comply with the requirements of this
Part in performing functions or exercising powers under this Part.
(2) CASA may do any or all of the following in respect
of the breach:
(a) impose a further condition of approval;
(b) suspend the approved tester’s authorisation
under regulation 99.450;
(c) revoke the tester’s authorisation under
regulation 99.450.
(3) If:
(a) CASA takes an action mentioned in paragraph
(2) (a) or (b) because of a breach of a condition (the first
breach); and
(b) CASA later
becomes satisfied that the approved tester is not complying with a condition of
the approval under regulation 99.445;
CASA may revoke the tester’s authorisation even if the period for
fulfilling any condition, or the period of any suspension for the first breach,
has not ended.
99.490 Notices
(1) If CASA imposes on an approved tester a further
condition of approval under paragraph 99.485 (2) (a), CASA must
give the tester notice in writing of the imposition of the condition, the terms
of the condition and the date from which the condition takes effect.
(2) If CASA suspends the approved tester’s authorisation
under paragraph 99.485 (2) (b), CASA must give the tester notice
in writing of the suspension, the date that the suspension takes effect and the
period of the suspension.
(3) If CASA revokes the approved tester’s authorisation
under paragraph 99.485 (2) (c), CASA must give the tester notice
in writing of the revocation and the date from which the revocation takes
effect.
(4) The date under this regulation must not be a date
before the day the notice is given.
(5) A notice under this
regulation must also include a statement setting out the reason that the
condition was imposed or that the authorisation was suspended or revoked, as
the case may be.
Division 99.H.6 Notices to
approved testers
99.495 Notice
to approved testers
If a provision of these Regulations requires CASA to
give a notice to an approved tester, the requirement is met if CASA gives that
notice to the person who, as CASA’s delegate, approved the tester as an
approved tester.
Part 101 Unmanned
aircraft and rockets
Note This Part is made up as follows:
Subpart 101.A Preliminary
101.005 Applicability of this Part
101.010 Application to rocket‑powered unmanned aircraft
101.015 Application of registration and marking
requirements
101.020 Exemption from certain other provisions of CAR
1988
101.025 Meaning of populous area
101.030 Approval of areas for operation of unmanned
aircraft or rockets
101.035 Requirements in this Part to give information
to CASA
101.040 Exemptions
101.045 Conditions imposed by CASA or another authority
Subpart 101.B General
prohibition on unsafe operation
101.050 Applicability
of this Subpart
101.055 Hazardous operation prohibited
Subpart 101.C Provisions
applicable to unmanned aircraft generally
101.060 Applicability
of this Subpart
101.065 Operation in prohibited or restricted area
101.070 Operation in controlled airspace
101.075 Operation near aerodromes
101.080 Permission for operation of unmanned aircraft
near aerodrome
101.085 Maximum operating height
101.090 Dropping or discharging of things
101.095 Weather and day limitations
Subpart 101.D Tethered
balloons and kites
101.100 Applicability
of this Subpart
101.105 Definitions for Subpart
101.110 Tethered balloons and kites that may be
operated outside approved areas
101.115 Mooring‑line marking
101.120 Operation of tethered balloon or kite under
cloud
101.125 Tethered balloon to be lit at night
101.130 Rapid deflation device required
101.135 What to do if tethered balloon escapes
Subpart 101.E Unmanned
free balloons
101.140 Applicability
of this Subpart
101.145 Definitions for Subpart — free balloons
101.150 Definition for Subpart — approved area
101.155 Releasing small balloons
101.160 Light balloons that may be released outside
approved areas
101.165 Release of medium and heavy balloons outside
approved areas
101.170 Medium and heavy balloons not to be flown low
101.175 Medium and heavy balloons to be flown in clear
sky
101.180 How payload must be supported — medium and
heavy balloons
101.185 Equipment that must be carried — medium
and heavy balloons
101.190 Lighting — medium and heavy balloons
101.195 Marking — free balloons generally
101.200 Marking by day — heavy balloons
101.205 Lighting by night — heavy balloons
101.210 Obligation to stay in communication with
ATC — medium and heavy balloons
101.215 Tracking of flight — medium and heavy
balloons
101.220 Flight reporting — medium and heavy
balloons
101.225 Ending flight and recovery — medium and
heavy balloons
101.230 Direction by ATC to end flight in certain
circumstances
Subpart 101.F UAVs
Division 101.F.1 General
101.235 Applicability
of this Subpart
101.240 Definitions for Subpart
Division 101.F.2 Operation
of UAVs generally
101.245 Operation
near people
101.250 Where small UAVs may be operated
101.255 Large UAVs —requirement for certificate
101.260 Maintenance of large UAVs
101.265 Application of s 20AB of the Act to large
UAVs
101.270 Requirement for UAV operator’s certificate
101.275 Approval of operation of large UAVs
101.280 UAVs not to be operated over populous areas
101.285 Use of radiotelephone
Division 101.F.3 Certification
of UAV controllers
101.290 Application
for certification as UAV controller
101.295 Eligibility for certification as UAV controller
101.300 Conditions on certification as UAV controller
101.310 How long controller’s certification remains in
force
101.315 Notice to certified UAV controller to show
cause
101.320 Cancellation of UAV controller’s certification
Division 101.F.4 Certification
of UAV operator
101.330 Application
for certification as UAV operator
101.335 Eligibility for certification as UAV operator
101.340 Conditions on certification
101.355 Certification not transferable
101.360 Notice to certified UAV operator to show cause
101.365 Cancellation of UAV operator’s certification
Subpart 101.G Model
aircraft
101.375 Applicability
of this Subpart
101.380 Definitions for Subpart
101.385 Visibility for operation of model aircraft
101.390 Operating model aircraft at night
101.395 Keeping model aircraft away from people
101.400 Operation of model aircraft outside approved
areas
101.405 Giant model aircraft
101.410 Model flying displays
Subpart 101.H Rockets
101.415 Applicability
of this Subpart
101.420 Application of State and Territory laws about
rockets
101.425 Definitions for Subpart
101.430 Launching rocket in or over prohibited or
restricted area
101.435 Launching rockets into controlled airspace
101.440 Launching rockets near aerodromes
101.445 Getting permission for launch of rocket near
aerodrome
101.450 High power rockets
101.455 Maximum operating height of rockets
101.460 Dropping or discharging of things from rockets
101.465 Weather and day limitations — rockets
other than model rockets
101.470 Model rockets
Subpart 101.I Firework
displays
101.475 What
this Subpart does
101.480 Application of State and Territory laws about
fireworks
101.485 Meaning of operate a firework display
101.490 Certain projectiles prohibited in firework
displays
101.495 Firework displays not permitted near aerodromes
101.500 Notice to CASA of certain firework displays
Subpart 101.A Preliminary
101.005 Applicability of this Part
(1) This Part sets out the requirements for the
operation of unmanned aircraft (including model aircraft), and (to the extent
that the operation of rockets and fireworks affects or may affect the safety of
air navigation) the operation of rockets and the use of certain fireworks.
(2) Nothing in this Part applies to the operation of a
manned balloon or a hot air balloon.
(3) Subparts 101.C to 101.I do not apply to the
operation of:
(a) a control‑line model aircraft (that is, a
model aircraft that is constrained to fly in a circle, and is controlled in
attitude and altitude, by means of inextensible wires attached to a handle held
by the person operating the model); or
(b) a model aircraft indoors; or
(c) an unmanned airship indoors; or
(d) a small balloon within 100 metres of a
structure and not above the top of the structure; or
(e) an unmanned tethered balloon that remains
below 400 feet above ground level; or
(f) a firework rocket not capable of rising more
than 400 feet above ground level.
Note Subpart
101.B applies to the operation of all unmanned aircraft (including model
aircraft) and rockets, including firework rockets.
(4) For paragraph (3) (c), a flight does not take
place indoors if the building in which it takes place has the roof, or 1 or
more walls, removed.
101.010 Application
to rocket‑powered unmanned aircraft
This Part applies to a rocket‑powered unmanned
aircraft, and to the operation of such an aircraft, unless the contrary
intention appears.
101.015 Application
of registration and marking requirements
Parts 45 and 47 do not apply to an aircraft (other
than a large UAV) to which this Part applies, nor to a micro UAV.
Note A
large UAV is required to carry a manufacturer’s data plate and an aircraft
registration identification plate — see respectively regulation 21.820 and
Subpart 45.D of Part 45.
101.020 Exemption
from certain other provisions of CAR 1988
Parts 4, 4A, 4B, 4C, 5, 7, 9, 10, 11, 12, 13 and 14
of CAR 1988 do not apply to an aircraft to which this Part applies, nor to a
micro UAV.
101.025 Meaning
of populous area
For this Part, an area is a populous area
in relation to the operation of an unmanned aircraft or rocket if the area has
a sufficient density of population for some aspect of the operation, or some
event that might happen during the operation (in particular, a fault in, or
failure of, the aircraft or rocket) to pose an unreasonable risk to the life,
safety or property of somebody who is in the area but is not connected with the
operation.
101.030 Approval
of areas for operation of unmanned aircraft or rockets
(1) A person may apply to CASA for the approval of an
area as an area for the operation of:
(a) unmanned aircraft generally, or a particular
class of unmanned aircraft; or
(b) rockets.
(2) For paragraph (1) (a), the classes of unmanned
aircraft are the following:
(a) tethered balloons and kites;
(b) unmanned free balloons;
(c) UAVs;
(d) model aircraft.
(3) In considering whether to approve an area for any of
those purposes, CASA must take into account the likely effect on the safety of
air navigation of the operation of unmanned aircraft in, or the launching of
rockets in or over, the area.
(4) An approval has effect from the time written notice
of it is given to the applicant, or a later day or day and time stated in the
approval.
(5) An approval may be expressed to have effect for a
particular period (including a period of less than 1 day), or
indefinitely.
(6) CASA may impose conditions on the approval in the
interests of the safety of air navigation.
(7) If CASA approves an area under subregulation (1), it
must publish details of the approval (including any condition) in NOTAM or on
an aeronautical chart.
(8) CASA may revoke the approval of an area, or change
the conditions that apply to such an approval, in the interests of the safety
of air navigation, but must publish details of any revocation or change in
NOTAM or on an aeronautical chart.
(9) CASA must also give written notice of the revocation
or change:
(a) to the person who applied for the approval
of the area; or
(b) if that person applied for that approval as
an officer of an organisation concerned with unmanned aircraft or rockets, and
no longer holds that office — to the person who now holds the office.
101.035 Requirements
in this Part to give information to CASA
(1) If a provision of this Part requires a person to
give information to CASA about the operation, launching or release of an
unmanned aircraft or rocket, then, unless the provision says otherwise, the
person may do so by giving the information to:
(a) if the person is an approved aviation
administration organisation — the Australian NOTAM Office; or
(b) an appropriate approved aviation
administration organisation.
(2) However, subregulation (1) does not apply in
relation to the release of small balloons, or in relation to a firework
display.
(3) The information need not be given in writing unless:
(a) CASA or the authority to which it is given
asks for it to be given in writing in the particular case; or
(b) another provision of these Regulations
requires it to be given in writing.
(4) If a person gives the information to an authority
mentioned in paragraph (1) (a) or (b), then, subject to subregulation (6),
the person is taken, for all purposes, to have complied with the requirement to
give the information.
(5) If in a particular case CASA or the authority to
which the information is given reasonably requires extra information about the
operation, launching or release, CASA or the authority may ask the person for
the extra information.
(6) If CASA or an authority asks for more information
under subregulation (5), the person is not taken to have complied with the
requirement mentioned in subregulation (1) to give the information until the
person gives to CASA or the authority the extra information.
(7) If a day is not a working day for the office of CASA
or an authority to which notice of an event is given or an application made,
that day does not count for the purpose of working out how many working days’
notice of the event has been given, or how many working days before an event
the application has been made.
(8) In subregulation (7):
working day, in relation to an office of CASA
or an authority, means a day on which that office is open for business.
Subpart 101.B General
prohibition on unsafe operation
101.050 Applicability
of this Subpart
This Subpart applies to the operation of all
unmanned aircraft and rockets that are not aircraft, whether or not any of
Subparts C to I applies.
101.055 Hazardous
operation prohibited
(1) A person must not operate an unmanned aircraft in a
way that creates a hazard to another aircraft, another person, or property.
Penalty: 50 penalty units.
(2) A person must not launch a rocket that is not an
aircraft in a way that creates a hazard to an aircraft.
Penalty: 50 penalty units.
(3) A person must not launch a rocket that is not an
aircraft in a way that creates a hazard to another person or to property.
Penalty: 50 penalty units.
(3A) An offence against
subregulation (1), (2) or (3) is an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(4) It is not a defence to a charge of contravening
subregulation (1), (2) or (3) that the relevant unmanned aircraft was being
operated, or the relevant rocket was launched, in a way that complied with the
operations manual of an approved aviation administration organisation.
(5) In subregulations (2) and (3):
rocket includes a firework rocket, regardless
of whether it can rise more than 400 feet above ground level or not.
Subpart 101.C Provisions
applicable to unmanned aircraft generally
101.060 Applicability
of this Subpart
This Subpart applies to the operation of unmanned
aircraft of all kinds, except operation mentioned in subregulation 101.005 (3).
Note Rockets
that are not aircraft are dealt with separately in Subpart 101.H.
101.065 Operation
in prohibited or restricted area
(1) A person may operate an unmanned aircraft in or over
a prohibited area, or in or over a restricted area, only with the permission
of, and in accordance with any conditions imposed by, the authority controlling
the area.
Penalty: 25 penalty units.
Note For prohibited area
and restricted area, see regulation 6 of the Airspace
Regulations 2007. Details of prohibited or restricted areas are published
in the AIP or a NOTAM.
(1A) An offence against subregulation (1) is an offence of
strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(2) In subregulation (1):
authority controlling the area means:
(a) in the case of a prohibited area — the
Secretary to the Department of Defence; and
(b) in the case of a restricted area — the
authority mentioned in AIP (as issued from time to time) as the controlling
authority for the area.
(3) For subregulation (1):
(a) the authority controlling the area must give
a written statement of any condition so imposed to the person who applied for
the permission; and
(b) unless the authority gives the statement to
the person, the person is not bound by the condition.
101.070 Operation
in controlled airspace
(1) A person may operate an unmanned aircraft above
400 feet AGL in controlled airspace only:
(a) in an area approved under regulation 101.030
as an area for the operation of unmanned aircraft of the same kind as the
aircraft, and in accordance with any conditions of the approval; and
(b) in accordance with an air traffic control
clearance.
Penalty: 50 penalty units.
Note AGL = above ground level (see the
Dictionary).
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.075 Operation
near aerodromes
(1) A person may operate an unmanned aircraft at an
altitude above 400 feet AGL within 3 nautical miles of an aerodrome only if:
(a) the operation is permitted by another
provision of this Part; or
(b) permission has been given for the operation
under regulation 101.080.
Penalty: 25 penalty units.
Note AGL = above ground level (see the
Dictionary).
(2) A person may operate an unmanned aircraft over an
area mentioned in paragraph (3) (a) or (b) only if:
(a) the operation is permitted by another
provision of this Part; or
(b) permission has been given for the operation
under regulation 101.080.
Penalty: 25 penalty units.
(3) The areas for subregulation (2) are:
(a) a movement area or runway of an aerodrome;
and
(b) the approach or departure path of a runway of
an aerodrome.
(4) A person must not operate an unmanned aircraft in
such a manner as to create an obstruction to an aircraft taking off from, or
approaching for landing at, a landing area or a runway of an aerodrome.
Penalty: 25 penalty units.
(5) An offence against subregulation (1), (2) or (4) is
an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.080 Permission
for operation of unmanned aircraft near aerodrome
(1) The authority from which permission must be obtained
for the purposes of regulation 101.075 is:
(a) if the aerodrome concerned is a controlled
aerodrome — the air traffic control service for the aerodrome; or
(b) in the case of any other aerodrome —
CASA.
(2) A person applies for
permission under this regulation by giving to the relevant authority mentioned
in subregulation (1) the information required by table 101.080, so far as
relevant to the proposed operation.
|
Table 101.080 Details of operation of unmanned
aircraft to be given to CASA or ATC
|
|
Item
|
Information to be provided
|
|
1
|
In all cases:
(a) the name, address and telephone number of the
person who will operate the aircraft or (if the aircraft concerned is an
unmanned free balloon) release the balloon (or, if several people will be
involved, the name, address and telephone number of the person who will
coordinate the operation); and
(b) the date and time the operation or release is to
begin and how long it is to last; and
(c) where it is to be carried out; and
(d) if more than 1 unmanned aircraft is to be operated
at a time, how many unmanned aircraft are to be operated at that time
|
|
2
|
In the case of the operation of a tethered balloon or a
kite:
(a) a brief description of the balloon or kite,
including its predominant colour; and
(b) the height to which it is to be operated; and
(c) its mass
|
|
3
|
In the case of the release of a free balloon:
(a) how many balloons are to be released; and
(b) the estimated size and mass of the balloon’s payload
|
|
4
|
In the case of the release of a medium or heavy balloon:
(a) the balloon’s flight identification or its project
code name; and
(b) the balloon’s classification, or a description of
the balloon; and
(c) the balloon’s SSR code or NDB frequency, and its
Morse identification; and
|
|
|
(d) the expected horizontal
direction of the balloon’s ascent, and the balloon’s expected rate of climb;
and
(e) the balloon’s float level (given as pressure
altitude); and
(f) when the balloon is expected to reach 60 000
feet pressure altitude, and the location over which it is expected to do so;
and
(g) when the flight is expected to end, and where the
balloon and its payload are expected to fall
|
Note For free
balloon and heavy balloon, see regulation 101.145. For
tethered balloon, see regulation 101.105.
(3) If more than 1 aircraft is to be operated at a time,
such a requirement is a requirement to give the information about each such
aircraft.
(4) Regulation 101.035 does not authorise a person who
or that applies for permission under this regulation to make the application to
a body mentioned in paragraph 101.035 (1) (a) or (b).
(5) If the authority grants the permission, it may
impose conditions on the permission in the interests of the safety of air
navigation.
(6) A person must not contravene a condition imposed
under subregulation (5).
Penalty: 50 penalty
units.
(7) An offence against subregulation (6) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.085 Maximum
operating height
(1) A person may operate an unmanned aircraft at above
400 feet AGL only:
(a) in an area approved under regulation 101.030
as an area for the operation of unmanned aircraft of the same class as the
aircraft concerned, and in accordance with any conditions of the approval; or
(b) as otherwise permitted by this Part.
Penalty: 50 penalty units.
Note AGL = above ground level (see the
Dictionary).
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.090 Dropping
or discharging of things
(1) A person must not cause a thing to be dropped or
discharged from an unmanned aircraft in a way that creates a hazard to another
aircraft, a person, or property.
Penalty: 25 penalty units.
(2) An offence against subregulation (1) is an offence of
strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.095 Weather
and day limitations
(1) A person may operate an unmanned aircraft:
(a) in or into cloud; or
(b) at night; or
(c) in conditions other than VMC;
only if permitted by another provision of this Part, or in
accordance with an air traffic control direction.
Penalty: 25 penalty units.
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
Subpart 101.D Tethered
balloons and kites
101.100 Applicability
of this Subpart
This Subpart applies to the operation of tethered
balloons and kites.
Note This Subpart does not apply to:
(a) the shielded operation (that is, operation within 100
metres of a structure and not above the top of the structure) of a small
balloon; or
(b) the operation of an unmanned tethered balloon or kite
below 400 feet AGL.
See subregulation 101.005 (3).
101.105 Definitions
for Subpart
(1) In this Subpart:
tethered balloon means a balloon that is
attached to the ground, or an object on the ground, by a cable.
(2) For this Subpart, the height of a tethered balloon
is taken to be the height above ground level of the topmost part of its
envelope.
101.110 Tethered
balloons and kites that may be operated outside approved areas
(1) A person may operate a tethered balloon or a kite
above 400 feet AGL outside an area approved under regulation 101.030 as an area
for the operation of unmanned balloons or kites (as the case requires) only if:
(a) the mass of the balloon or kite is no more
than 15 kilograms; and
(b) the horizontal visibility at the time is at
least 5 kilometres; and
(c) the person gives to CASA the information
required by table 101.110 about the proposed operation at least 1 working
day before it is due to start.
Penalty: 10 penalty units.
Note 1 A
person can comply with this requirement by telling:
(a) if the person is an approved aviation administration
organisation — the Australian NOTAM Office; or
(b) the appropriate approved aviation administration
organisation.
See regulation 101.035.
Note 2 CASA
must publish details of the approval of an area (including any conditions) in
NOTAM or on an aeronautical chart — see subregulation 101.030 (5).
(1A) An offence against subregulation (1) is an offence of
strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(2) If more than 1 tethered balloon or kite is to be
operated at a time, such a requirement is a requirement to give the information
about each such balloon or kite.
|
Table
101.110 Details of operation of tethered balloon or kite to be
given to CASA
|
|
Item
|
Information to be provided
|
|
1
|
The name, address and telephone number of the person who
will operate the balloon or kite (or, if several people will be involved, the
name, address and telephone number of the person who will coordinate the
operation)
|
|
2
|
The date and time the operation is to begin, and how long
it is to last
|
|
3
|
Where it is to be carried out
|
|
4
|
A brief description of the balloon or kite, including its
predominant colour
|
|
5
|
The height to which it is to be operated
|
|
6
|
Its mass
|
|
7
|
If more than 1 tethered balloon or kite is to be operated
at a time, how many tethered balloons or kites are to be operated at the time
|
101.115 Mooring‑line
marking
(1) A person may operate
a tethered balloon only if:
(a) each mooring line has coloured streamers
attached at intervals of no more than 15 metres along it, with the first
streamer no more than 150 feet above ground level; and
(b) the streamers would be visible in normal
daylight for at least 1.5 kilometres.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.120 Operation
of tethered balloon or kite under cloud
(1) A person may operate a tethered balloon or kite
under cloud only if he or she keeps the balloon or kite at least 500 feet
(measured vertically) below the cloud.
Penalty: 10 penalty
units.
Note For tethered balloon,
see regulation 101.105.
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.125 Tethered
balloon to be lit at night
(1) A person may operate a tethered balloon at night at
or above 400 feet AGL only if it is lit so as to be visible in VMC from at
least 4 kilometres away.
Penalty: 10 penalty units.
(1A) An offence against subregulation (1) is an offence of
strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(2) The lighting required by subregulation (1) may be
inside the balloon, on its outside, or on the ground.
101.130 Rapid
deflation device required
(1) A person may operate a tethered balloon only if it
is fitted with a device that will cause it to deflate rapidly and completely if
it escapes from its mooring.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.135 What
to do if tethered balloon escapes
(1) If a tethered balloon escapes from its mooring, and
the deflation device does not cause it to deflate, the person operating it must
tell Airservices Australia as soon as possible:
(a) where the balloon was launched; and
(b) what time it broke free; and
(c) the direction it was headed when last seen.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
Subpart 101.E Unmanned free
balloons
101.140 Applicability
of this Subpart
This Subpart applies to the operation of an
unmanned free balloon.
101.145 Definitions
for Subpart — free balloons
(1) For this Subpart:
free balloon means an unmanned balloon that
is not tethered.
(2) There are 4 kinds of free balloon: small
balloon, light balloon, medium balloon and heavy
balloon.
(3) In this Subpart:
small balloon means a free balloon that can carry
no more than 50 grams of payload.
(4) In this Subpart:
light balloon means a free balloon that:
(a) is no more than 2 metres in diameter at any
time during its flight; and
(b) can carry no more than 4 kilograms of
payload.
(5) In this Subpart:
medium balloon means a free balloon that:
(a) may be more than 2 metres in diameter at
some time in its flight; and
(b) is capable of carrying more than 4 kilograms,
but no more than 6 kilograms, of payload.
(6) In this Subpart:
heavy balloon means a free balloon capable of
carrying more than 6 kilograms of payload.
101.150 Definition
for Subpart — approved area
In this Subpart:
approved area means an area approved under
regulation 101.030 as an area for the operation or release of unmanned free
balloons.
Note CASA
must publish details of the approval of an area (including any conditions) in
NOTAM or on an aeronautical chart — see subregulation 101.030 (5).
101.155 Releasing
small balloons
(1) A person may release a small balloon only if the
person has first complied with any requirements as to approval or notice set
out in table 101.155‑1.
Penalty: 10 penalty units.
Note For small balloon,
see subregulation 101.145 (3).
(1A) An offence against subregulation (1) is an offence of
strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(2) Subregulation (1) does not apply if no more than
100 balloons are to be released at once.
|
Table
101.155‑1 Requirements for release of small balloons
|
|
Item
|
Number of balloons to be released at once
|
Distance from place of release to nearest aerodrome
|
|
|
less than 3 nautical miles
|
3–6 nautical miles
|
6–12 nautical miles
|
over 12 nautical miles
|
|
1
|
101–1 000
|
approval required
|
NOTAM
|
no approval required
|
no approval required
|
|
2
|
1 001–10 000
|
approval required
|
approval required
|
NOTAM
|
no approval required
|
|
3
|
Over 10 000
|
approval required
|
approval required
|
approval required
|
NOTAM
|
(3) In the table, for a combination of a number of
balloons to be released and a distance to an aerodrome:
approval required means that an approval
under subregulation (5) is required for the release of that number of balloons
at a place within that distance from the nearest aerodrome.
no approval required means that no such
approval is required for the release of that number of balloons at a place
within that distance from the nearest aerodrome.
NOTAM means
that CASA’s approval is not required, but the person intending to release that
number of balloons at a place that distance from the nearest aerodrome must
give to CASA the information about the proposed release required by table 101.155‑2.
|
Table
101.155‑2 Details of release of small balloons to be given to CASA
|
|
Item
|
Information to be provided
|
|
1
|
The name, address and
telephone number of the person who will release the balloons (or, if several
people will be involved, the name, address and telephone number of the person
who will coordinate the release)
|
|
2
|
The date and time the release is to begin, and how long it
will take
|
|
3
|
Where it is to be carried out
|
|
4
|
How many balloons are to be released
|
|
5
|
The estimated size and mass of any payload
|
Note CASA will tell the NOTAM office
about the release.
(4) A person may apply to CASA, in writing, for
approval to release small balloons.
Note An application must be in the
approved form, include all the information required by these Regulations and be
accompanied by every document required by these Regulations — see
regulation 11.030.
(5) Subject to regulation 11.055, if approval is
required under subregulation (1) to release small balloons, CASA must grant the
approval.
Note 1 Under regulation 201.004, an
application may be made to the Administrative Appeals Tribunal for review of:
(a) a decision refusing to issue, or cancelling, suspending
or varying, an approval; or
(b) a decision imposing a condition on an approval.
Note 2 CASA will tell the NOTAM
office about the release.
101.160 Light
balloons that may be released outside approved areas
(1) A person may release a light balloon outside an
approved area only if the person gives to CASA the information required by
table 101.160 at least 1 working day before the proposed release.
Penalty: 10 penalty units.
Note 1 A person can comply with this
requirement by telling:
(a) if the person is an approved aviation administration organisation —
the Australian NOTAM Office; or
(b) the appropriate approved aviation administration
organisation.
See regulation 101.035.
Note 2 CASA
must publish details of the approval of an area (including any conditions) in
NOTAM or on an aeronautical chart — see subregulation 101.030 (5).
Note 3 For light balloon,
see subregulation 101.145 (4).
(1A) An offence against subregulation (1) is an offence of
strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(2) If more than 1 balloon is to be released at a time,
such a requirement is a requirement to give the information about each such
balloon.
|
Table
101.160 Details of release of light balloon to be given to CASA
|
|
Item
|
Information to be provided
|
|
1
|
The name, address and telephone number of the person who
will release the balloon (or, if several people will be involved, the name,
address and telephone number of the person who will coordinate the release)
|
|
2
|
The date and time the release is to begin
|
|
3
|
Where it is to be carried out
|
|
4
|
The estimated size and mass of the balloon’s payload
|
|
5
|
If more than 1 balloon is to be released at a time, how
many balloons are to be released at the time
|
(3) Subregulation (1) does not require the Bureau of
Meteorology to give notice of the proposed release of a light balloon if:
(a) the release is part of the Bureau’s normal
meteorological procedures; and
(b) the release location has been notified in AIP
or NOTAM.
101.165 Release
of medium and heavy balloons outside approved areas
(1) Subject to subregulation (3), a person may release a
medium or heavy balloon outside an approved area only if the person gives to
CASA the information required by table 101.165 at least 2 working days before
the proposed release.
Penalty: 10 penalty units.
Note 1 A person can comply with this
requirement by telling:
(a) if the person is an approved aviation administration
organisation — the Australian NOTAM Office; or
(b) the appropriate approved aviation administration
organisation.
See regulation 101.035.
Note 2 CASA
must publish details of the approval of an area (including any conditions) in
NOTAM or on an aeronautical chart — see subregulation 101.030 (5).
Note 3 For
heavy balloon and medium balloon, see regulation
101.145.
(2) If more than 1 balloon is to be operated at a time,
such a requirement is a requirement to give the information about each such
balloon.
|
Table
101.165 Details of release of medium or heavy balloon to be given
to CASA
|
|
Item
|
Information to be provided
|
|
1
|
The name, address and telephone number of the person who
will release the balloon (or, if several people will be involved, the name,
address and telephone number of the person who will coordinate the release)
|
|
2
|
The date and time the release is to begin
|
|
3
|
Where it is to be carried out
|
|
4
|
The estimated size and mass of the balloon’s payload
|
|
5
|
The balloon’s flight identification or the project code
name
|
|
6
|
The balloon’s classification, or a description of the
balloon
|
|
7
|
The balloon’s SSR code or NDB frequency, and its Morse
identification
|
|
8
|
The expected horizontal direction of the balloon’s ascent,
and the balloon’s expected rate of climb
|
|
9
|
The balloon’s planned float level (given as pressure
altitude)
|
|
10
|
The time the balloon is expected to reach 60 000 feet
pressure altitude, and the location over which it is expected to do so
|
|
11
|
The time the flight is expected to end, and where the
balloon and its payload are expected to fall
|
|
12
|
If more than 1 balloon is to be released at a time, how
many balloons are to be released at the time
|
(3) Subregulation (1) does not require the Bureau of
Meteorology to give notice of the proposed release of a medium balloon if:
(a) the release is part of the Bureau’s normal
meteorological procedures; and
(b) the release location has been notified in AIP
or NOTAM.
(4) Subject to subregulation (5), the person must also
confirm the details of the proposed release to the air traffic control service
that has responsibility for the airspace within which the balloon will be
released no later than the earlier of:
(a) 6 hours before the expected release time; or
(b) the time the balloon begins to be inflated.
Penalty: 10 penalty units.
(4A) An offence against subregulation (1) or (4) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(5) Subregulation (4) does not require the Bureau of
Meteorology to confirm the details of the release of a medium balloon with an
air traffic control service if:
(a) the release is part of the Bureau’s normal
meteorological procedures; and
(b) the release location has been notified in AIP
or NOTAM.
101.170 Medium
and heavy balloons not to be flown low
(1) A person who is operating a medium or heavy balloon
must not allow it to go below 3 000 feet AGL while it is over a populous
area.
Penalty: 10 penalty units.
Note AGL
= above ground level (see the Dictionary). For heavy balloon and medium
balloon, see regulation 101.145. For populous area, see
regulation 101.025.
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.175 Medium
and heavy balloons to be flown in clear sky
(1) Subject to subregulations (3) and (4), a person must
not operate a medium or heavy balloon below 60 000 feet pressure altitude
if, at the altitude at which the balloon is being operated, the horizontal
visibility is less than 8 kilometres.
Penalty: 10
penalty units.
Note For heavy balloon and medium
balloon, see regulation 101.145.
(2) Subject to subregulations (3) and (4), a person who
is operating a medium or heavy balloon must not allow it to remain at an
altitude below 60 000 feet pressure altitude at which cloud, fog or mist
obscures more than half the sky.
Penalty: 10 penalty units.
(2A) An offence against subregulation (1) or (2) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3) Subregulations (1) and (2) do not apply to operation
outside controlled airspace if CASA approves the operation and the operation is
carried out in accordance with the approval.
(4) Those subregulations also do not apply to operation
in controlled airspace in accordance with an air traffic control clearance.
101.180 How
payload must be supported — medium and heavy balloons
(1) A person may operate a medium or heavy balloon only
if the means by which the payload is attached to the balloon can support at
least 10 times the mass of the payload.
Penalty: 10 penalty units.
Note For heavy balloon and medium
balloon, see regulation 101.145.
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.185 Equipment
that must be carried — medium and heavy balloons
(1) A person may operate a medium or heavy balloon only
if:
(a) the balloon is fitted with at least 2
independent ways (either automatic or remotely‑operated) of releasing its
payload; and
(b) if the balloon is not a zero‑pressure
balloon, it has at least 2 independent ways of ending the flight of the balloon
envelope; and
(c) either:
(i) the balloon envelope carries a
radar reflector, or radar‑reflective material, that will return an echo to a
surface radar operating in the frequency range 200 megahertz to 2 700 megahertz;
or
(ii) the balloon is fitted with a
device to allow it to be continuously tracked by the operator beyond the range
of ground‑based radar; and
(d) if the balloon is operated in an area in
which ground‑based secondary surveillance radar is in use, it is fitted with an
SSR transponder (with altitude‑reporting capability) that either operates
continuously or can be turned on by the operator if an air traffic control
service so requires.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.190 Lighting —
medium and heavy balloons
(1) A person may operate a medium or heavy balloon below
60 000 feet pressure altitude at night only if both the balloon and its
payload are lit (whether or not they become separated during the operation) so
as to be visible, under the prevailing conditions, for at least
4 kilometres in all directions.
Penalty: 25 penalty units.
Note For heavy balloon and medium
balloon, see regulation 101.145.
(2) For subregulation (1), a balloon is being operated
at night if the sun is below the balloon’s horizon.
(3) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.195 Marking —
free balloons generally
(1) A person may operate a free balloon that carries a
trailing antenna that requires a force of more than 230 newtons to break
it only if the antenna has coloured streamers or pennants attached to it every
15 metres.
Penalty: 25 penalty units.
(2) A person may operate a free balloon that carries a
payload only if the payload has fixed to it a durable identification plate
carrying sufficient information:
(a) to identify the payload; and
(b) to enable somebody who finds the payload to
contact the person who released the balloon.
Penalty: 10 penalty units.
Note For free balloon, see
regulation 101.145.
(3) Subregulation (2) does not apply to a light or
medium balloon operated by the Bureau of Meteorology.
Note For light balloon and medium
balloon, see regulation 101.145.
(4) An offence against subregulation (1) or (2) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.200 Marking
by day — heavy balloons
(1) A person may operate a heavy balloon (being a heavy
balloon that has its payload suspended more than 15 metres below the
envelope) above 60 000 feet pressure altitude by day only if:
(a) the payload’s suspension is coloured in
alternate bands of conspicuous colours, or has coloured pennants attached to
it; or
(b) the balloon has a conspicuous payload‑recovery
parachute suspended under the envelope, or the balloon is suspended beneath a
conspicuous open parachute.
Penalty: 25 penalty units.
Note For heavy balloon, see
subregulation 101.145 (6).
(2) For subregulation (1), a balloon is being operated
by day if the sun is above the balloon’s horizon.
(3) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.205 Lighting
by night — heavy balloons
(1) A person may operate a heavy balloon above
60 000 feet pressure altitude at night only if it is lit so as to be visible
in VMC from at least 4 kilometres away.
Penalty: 25 penalty units.
Note For heavy balloon, see
subregulation 101.145 (6).
(2) For subregulation (1), a balloon is being operated
at night if the sun is below the balloon’s horizon.
(3) The lighting required by subregulation (1) may be
inside the balloon, on its outside, or on the ground.
(4) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.210 Obligation
to stay in communication with ATC — medium and heavy balloons
(1) The operator of a medium or heavy balloon must
establish and maintain communication with the relevant air traffic control
service from the time the balloon begins to be inflated until the flight ends.
Penalty: 25 penalty units.
Note For heavy balloon and medium
balloon, see regulation 101.145.
(2) The operator must tell the relevant air traffic
control service at least 1 hour before the balloon is launched.
Penalty: 50 penalty units.
(3) An offence against subregulation (1) or (2) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.215 Tracking
of flight — medium and heavy balloons
(1) The operator of a medium or heavy balloon must track
its flight continuously.
Penalty: 10 penalty units.
Note For heavy balloon and medium
balloon, see regulation 101.145.
(2) While the balloon is below 60 000 feet pressure
altitude, if it cannot be tracked visually from the ground or by radar, the
operator must ensure that a tracking aircraft accompanies it continuously.
Penalty: 10 penalty
units.
(3) An offence against subregulation (1) or (2) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.220 Flight
reporting — medium and heavy balloons
(1) The operator of a medium or heavy balloon must
report the progress of the balloon’s flight to the relevant air traffic control
service as follows:
(a) the operator must tell the service
immediately when the balloon is released;
(b) the operator must tell the service when the
balloon leaves each 10 000‑foot level up to 60 000 feet (pressure
altitude);
(c) the operator must report the balloon’s
position to the relevant air traffic control service periodically, as follows:
(i) when required to do so by the
service;
(ii) while the balloon is below
60 000 feet pressure altitude — every 10 minutes;
(iii) while the balloon is at or above
60 000 feet pressure altitude — every 2 hours;
(d) if the operator loses the balloon’s position,
the operator must tell the service immediately that tracking has been lost and
the balloon’s last known position;
(e) after having re‑established tracking of the
balloon, the operator must tell the service immediately that tracking has been
re‑established and the balloon’s position at that time.
Penalty: 10 penalty units.
Note For heavy balloon and medium
balloon, see regulation 101.145.
(2) If the balloon is being accompanied by a tracking
aircraft, the operator must ensure that the crew of the aircraft maintains
continuous 2‑way communication with the relevant air traffic control service.
Penalty: 10 penalty units.
(2A) An offence against subregulation (1) or (2) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3) A reference in this regulation to the relevant air
traffic control service is to be read, at a particular time, as a reference to
the air traffic control service that is responsible for the airspace in which
the balloon is located at the time.
101.225 Ending
flight and recovery — medium and heavy balloons
(1) The operator of a medium or heavy balloon must give
to the relevant air traffic control service at least 1 hour’s notice of
the time the flight is planned to end, and when doing so must also give to the
air traffic control service the following information:
(a) the balloon’s current position and altitude;
(b) the estimated time at which, and the
estimated location over which, the balloon will pass through 60 000 feet
pressure altitude during its descent;
(c) the estimated time when, and place where,
the payload will fall.
Penalty: 10 penalty units.
Note For heavy balloon and medium
balloon, see regulation 101.145.
(2) The operator may command the balloon to end its
flight only:
(a) in an emergency; or
(b) if cleared to do so by the relevant air
traffic control service.
Penalty: 50 penalty units.
(3) If the operator commands the balloon to end its
flight when not cleared by air traffic control to do so, the operator must tell
the relevant air traffic control service immediately, and when doing so must
also give to it the following information:
(a) the balloon’s current position and altitude;
(b) the estimated
time when and place where the payload will fall.
Penalty: 10 penalty units.
(4) The operator must tell the relevant air traffic
control service as soon as possible after the balloon’s payload falls.
Penalty: 10 penalty units.
(4A) An offence against subregulation (1), (2), (3) or (4)
is an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(5) A reference in this regulation to the relevant air
traffic control service is to be read, at a particular time, as a reference to
the air traffic control service that is responsible for the airspace in which
the balloon is located at the time.
101.230 Direction
by ATC to end flight in certain circumstances
(1) If a balloon is in controlled airspace and an air
traffic control service considers that it poses a hazard to other aircraft, or
to people or property on the ground, that service may direct the balloon’s
operator to end the balloon’s flight immediately.
(2) The operator must comply with the direction by
ending the balloon’s flight by the fastest possible method.
Penalty: 50 penalty
units.
(3) An offence against subregulation (2) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
Subpart 101.F UAVs
Division 101.F.1 General
101.235 Applicability
of this Subpart
(1) This Subpart applies to:
(a) the operation of a large UAV; and
(b) the operation of a small UAV for purposes
other than sport or recreation.
Note 1 There
is no practicable distinction between a small UAV and a model aircraft except
that of use — model aircraft are flown only for the sport of flying them.
Note 2 For
large UAV and small UAV, see regulation 101.240.
For model aircraft see the Dictionary.
(2) Nothing in this Subpart applies to the operation of
a UAV if:
(a) while it is being operated, the person
operating it keeps it in sight; and
(b) it is operated in a way that complies with
Subpart 101.G.
(3) This Subpart does not apply to the operation of a
micro UAV.
Note 1 See subregulation 101.005 (3).
Note 2 For micro UAV, see
regulation 101.240.
101.240 Definitions
for Subpart
In this Subpart:
approved area means an area approved under
regulation 101.030 as an area for the operation of UAVs.
Note CASA
must publish details of the approval of an area (including any conditions) in
NOTAM or on an aeronautical chart — see subregulation 101.030 (5).
certified UAV controller means a person
certified under Division 101.F.3 as a controller of UAVs.
controller of a UAV means a person who
performs a function that would be, if the UAV were a manned aircraft, a
function of its flight crew.
large UAV
means any of the following:
(a) an unmanned airship with an envelope
capacity greater than 100 cubic metres;
(b) an unmanned powered parachute with a launch
mass greater than 150 kilograms;
(c) an unmanned aeroplane with a launch mass
greater than 150 kilograms;
(d) an unmanned rotorcraft with a launch mass
greater than 100 kilograms;
(e) an unmanned powered lift device with a
launch mass greater than 100 kilograms.
micro UAV means a UAV with a gross weight of
100 grams or less.
small UAV means a UAV that is not a large UAV
nor a micro UAV.
UAV means unmanned aircraft, other than a
balloon or a kite.
Division 101.F.2 Operation of
UAVs generally
101.245 Operation
near people
(1) Subject to subregulations (2) and (3), a person must
not operate a UAV within 30 metres of a person who is not directly associated
with the operation of the UAV.
Penalty: 10 penalty units.
(1A) An offence against subregulation (1) is an offence of strict
liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(2) Subregulation (1) does not apply in relation to a
person who stands behind the UAV while it is taking off.
(3) Subregulation (1) also does not prevent the
operation of a UAV airship within 30 metres of a person if the airship
approaches no closer to the person than 10 metres horizontally and 30 feet
vertically.
101.250 Where
small UAVs may be operated
(1) A person may operate a small UAV outside an approved
area only if:
(a) where the UAV is operated above 400 feet
AGL, the operator has CASA’s approval to do so; and
(b) the UAV stays clear of populous areas.
Penalty: 10 penalty units.
Note 1 AGL
= above ground level (see the Dictionary). For populous area, see
regulation 101.025. For small UAV, see regulation 101.240.
Note 2 CASA
must publish details of the approval of an area (including any conditions) in
NOTAM or on an aeronautical chart — see subregulation 101.030 (5).
Note 3 For
the kinds of UAV operation to which this Subpart does not apply, see
regulation 101.235.
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.255 Large
UAVs —requirement for certificate
(1) A person may operate a large UAV only if either a
special certificate of airworthiness (restricted category), or an experimental
certificate, has been issued for it under Subpart 21.H of Part 21.
Penalty: 50 penalty units.
Note 1 For large UAV, see
regulation 101.240.
Note 2 A
large UAV is required to carry a manufacturer’s data plate and an aircraft
registration identification plate — see respectively regulation 21.820 and
Subpart 45.D of Part 45.
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.260 Maintenance
of large UAVs
(1) Subdivision 2 of
Division 2 of Part 4A of CAR 1988 applies to large UAVs.
Note That is, a large UAV must be
maintained as a Class B aircraft.
(2) A person who carries out maintenance on a large UAV
must comply with any directions given in writing by CASA in relation to the
maintenance of the UAV, or the maintenance of UAVs of a class that includes the
UAV.
101.265 Application
of s 20AB of the Act to large UAVs
(1) For paragraph 20AB (1) (b) of the Act, a
person may act as the controller of a large UAV that is an Australian aircraft
if the person is certified as a UAV controller under Division 101.F.3.
Note For the kinds of UAV operation to
which this Subpart does not apply, see regulation 101.235.
(2) For that paragraph, a person may perform any other
duty that is essential to the operation of a large UAV that is an Australian
aircraft even if the person does not hold the appropriate civil aviation
authorisation.
(3) For subsection 20AB (2) of the Act, and despite
anything in regulation 42ZC of CAR 1988, a person may carry out
maintenance on:
(a) a large UAV that is an Australian aircraft;
or
(b) an aircraft component for such a UAV; or
(c) aircraft material for such a UAV;
if the person:
(d) holds an airworthiness authority that
authorises the maintenance; or
(e) carries out the maintenance under the
supervision of a person who holds such an authority.
101.270 Requirement
for UAV operator’s certificate
(1) A person may operate
a UAV for hire or reward only if the person holds a UAV operator’s certificate
that authorises the person to operate the UAV.
Penalty: 50 penalty units.
(2) An offence against
subregulation (1) is an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.275 Approval
of operation of large UAVs
(1) A person may operate a large UAV only with CASA’s
approval.
Penalty: 50 penalty units.
(1A) A person may apply to CASA, in writing, for approval
to operate a large UAV.
Note 1 An application must be in the
approved form, include all the information required by these Regulations and be
accompanied by every document required by these Regulations — see
regulation 11.030.
Note 2 Part 11 deals with
applications and decision making.
(1B) Subject to regulation 11.055, CASA must grant the
approval if:
(a) the person is certificated as an operator of
large UAVs; and
(b) the operation would not contravene any
condition of the certification.
Note 1 Under regulation 201.004, an
application may be made to the Administrative Appeals Tribunal for review of:
(a) a decision refusing to issue, or cancelling, suspending
or varying, an approval; or
(b) a decision imposing a
condition on an approval.
Note 2 For certification as an
operator of UAVs, see Division 101.F.4.
(3) Without limiting regulations 11.056 and 11.067, CASA
may impose conditions on an approval:
(a) prohibiting the operation of the relevant UAV
at night or in conditions other than VMC; or
(b) restricting the extent to which the UAV may
be operated at night or in conditions other than VMC; or
(c) requiring the UAV to stay within a specified
area, or
(d) requiring the operator to make specified
broadcasts.
(6) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.280 UAVs
not to be operated over populous areas
(1) In this regulation:
certificated UAV means a UAV for which a
certificate of airworthiness has been issued.
(2) A person must not operate a UAV that is not a
certificated UAV over a populous area at a height less than the height from
which, if any of its components fails, it would be able to clear the area.
Penalty: 50 penalty units.
Note 1 For populous area,
see regulation 101.025. For UAV, see regulation 101.240.
Note 2 For
the kinds of UAV operation to which this Subpart does not apply, see
regulation 101.235.
(3) Without the approval of CASA, a person must not
operate a certificated UAV over a populous area at a height less than the
height from which, if any of its components fails, it would be able to clear
the area.
Penalty: 50 penalty units.
(3A) An offence against subregulation (2) or (3) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(4) In considering whether to give an approval under
subregulation (3), CASA must take into account:
(a) the degree of redundancy in the UAV’s critical
systems; and
(b) any fail‑safe design characteristics of the
UAV; and
(c) the security of its communications and
navigation systems.
(5) Before giving an
approval under subregulation (3), CASA must be satisfied that the person who
intends to operate the UAV will take proper precautions to prevent the proposed
flight being dangerous to people and property.
101.285 Use
of radiotelephone
(1) A person may control a UAV in controlled airspace
only if he or she:
(a) holds an aircraft radiotelephone operator’s
certificate of proficiency; and
(b) maintains a listening watch on a specified
frequency or frequencies; and
(c) makes broadcasts on a specified frequency or
frequencies at the specified interval giving the specified information.
Penalty: 25 penalty units.
Note This
Subpart does not apply to the operation of micro UAVs — see
subregulation 101.235 (3).
(2) In subregulation (1):
specified frequency for particular airspace
means a frequency specified from time to time in AIP or by ATC as a frequency
for use in the airspace.
specified information for particular airspace
means information specified from time to time in AIP or by ATC as information
that must be broadcast in the airspace.
specified interval for particular airspace
means the interval specified from time to time in AIP or by ATC as the interval
at which broadcasts must be made while in that airspace.
(3) CASA may direct that a particular person must not
control a UAV unless the person:
(a) holds an aircraft radiotelephone operator’s
certificate of proficiency; and
(b) maintains a listening watch on a frequency or
frequencies specified in the direction; and
(c) makes
broadcasts:
(i) on
a frequency or frequencies; and
(ii) at intervals; and
(iii) giving information —
specified in the direction.
(4) The person must
comply with the direction.
Penalty: 50 penalty units.
(5) CASA may direct, in
regard to a particular UAV or type of UAV, that a person must not control the
UAV, or a UAV of that type, unless he or she:
(a) holds an aircraft radiotelephone operator’s
certificate of proficiency; and
(b) maintains a listening watch on a frequency or
frequencies specified in the direction; and
(c) makes broadcasts:
(i) on a frequency or frequencies; and
(ii) at intervals; and
(iii) giving information —
specified in the direction.
(6) The person must comply with the direction.
Penalty: 50 penalty units.
(7) For subregulations (3) and (5), CASA may specify
that a frequency is to be a frequency specified under paragraph
99A (3) (b) of CAR 1988 for a particular area or aerodrome.
(8) An offence against subregulation (1), (4) or (6) is
an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
Division 101.F.3 Certification of
UAV controllers
Note In addition to the provisions of
this Division, Part 11 contains provisions relating to an application for
certification as a UAV controller.
101.290 Application
for certification as UAV controller
(1A) An individual may apply to CASA, in writing, for
certification as a UAV controller.
Note An application must be in the
approved form, include all the information required by these Regulations and be
accompanied by every document required by these Regulations — see
regulation 11.030.
(1) An application for certification as a UAV controller
must include the following information:
(a) details of any flight crew licence, air
traffic control licence or flight service licence that the applicant holds
(including details of ratings, endorsements and qualifications);
(b) details of any aeronautical experience that
the applicant has;
(c) details of any aviation theory examinations
the applicant has passed (other than any examination passed in the course of
gaining a licence mentioned in paragraph (a));
(d) if the applicant does not hold a licence
mentioned in paragraph (a), details of any flight radio operator’s licence or
radio operator’s certificate of proficiency that the applicant holds;
(e) details of the applicant’s experience in
operating UAVs;
(f) evidence of the completion of any training
course in UAV operation that the applicant has undertaken.
101.295 Eligibility
for certification as UAV controller
(2) Subject to regulation 11.055, CASA must certify an
applicant as a UAV controller if he or she:
(a) qualifies for the issue of a radio
operator’s certificate of proficiency; and
(b) has been awarded a pass in an aviation
licence theory examination (other than a flight radio operator’s examination);
and
(c) has been awarded a pass in an instrument
rating theory examination; and
(d) has completed a training course in the
operation of the type of UAV that he or she proposes to operate, conducted by
the UAV’s manufacturer; and
(e) has at least 5 hours experience in operating
UAVs outside controlled airspace.
Note Under regulation 201.004, an
application may be made to the Administrative Appeals Tribunal for review of:
(a) a decision refusing to grant, or cancelling, suspending
or varying, a certificate; or
(b) a decision imposing a condition on a certificate.
See also section 31 of the Act.
(3) A person who holds or has held:
(a) a flight crew licence with a command
instrument rating; or
(b) a military qualification equivalent to a
licence and rating mentioned in paragraph (a); or
(c) an air traffic control licence, or a
military qualification equivalent to an air traffic control licence;
is taken to satisfy the conditions in paragraphs (2) (a), (b)
and (c).
101.300 Conditions
on certification as UAV controller
(2) Without limiting regulations 11.056 and 11.067, a
condition may:
(a) allow the person to control UAVs of only
specified kinds; or
(b) limit the areas where he or she may control
UAVs; or
(c) allow him or her to control UAVs only in
VMC.
(3) It is a condition of a UAV controller’s
certification that he or she must not operate a UAV in controlled airspace
unless he or she holds an aircraft radiotelephone operator’s certificate of
proficiency.
101.315 Notice
to certified UAV controller to show cause
(1) CASA may give a show cause notice to a certified UAV
controller if there are reasonable grounds for believing that there are facts
or circumstances that would justify the cancellation of the certification under
regulation 101.320.
(2) A show cause notice must:
(a) tell the controller of the facts and
circumstances that, in CASA’s opinion, would justify the cancellation of the
certification under regulation 101.320; and
(b) invite the controller to show in writing,
within a reasonable time stated in the notice, why the certification should not
be cancelled.
(3) A show cause notice may state that the certification
is suspended if CASA reasonably considers that there may be a serious risk to
the safety of air navigation if the certification were not suspended.
(4) If a show cause notice states that the certification
is suspended, the certification is suspended from when the notice is given to
the holder.
(5) CASA may at any time revoke the suspension.
(6) If the approval is suspended and CASA has not dealt
with it under regulation 101.320 within 90 days after the day it is suspended,
the suspension lapses at the end of that period.
Note Regulation
201.004 provides for review of certain decisions by the Administrative Appeals
Tribunal.
101.320 Cancellation
of UAV controller’s certification
(1) CASA may cancel a certified UAV controller’s
certification by written notice to the controller, if:
(a) CASA has given to the controller a show
cause notice under regulation 101.315 in relation to it; and
(b) CASA has taken into account any
representations made, within the period stated in the notice, by or on behalf
of the controller; and
(c) there are reasonable grounds for believing
that the controller:
(i) has operated a UAV in
contravention of these Regulations or of a condition of the certification; or
(ii) has operated the UAV negligently
or carelessly; or
(iii) in operating the UAV, has
recklessly endangered human life or property.
(2) If CASA has given a show cause notice under
regulation 101.315 to a certified UAV controller, and it decides not to cancel
the approval, it:
(a) must tell the controller in writing of the
decision; and
(b) must, if the
controller’s certification is suspended under that regulation, revoke the
suspension.
Note Regulation
201.004 provides for review of certain decisions by the Administrative Appeals
Tribunal.
Division 101.F.4 Certification of
UAV operators
Note In addition to the provisions of
this Division, Part 11 contains provisions relating to an application for
certification as a UAV operator.
101.330 Application
for certification as UAV operator
(1A) A person may apply to CASA, in writing, for
certification as a UAV operator.
Note An application must be in the
approved form, include all the information required by these Regulations and be
accompanied by every document required by these Regulations — see
regulation 11.030.
(1) An application for certification as a UAV operator
must include:
(a) details of:
(i) the applicant’s structure and
organisation; and
(ii) its staff and their qualifications
and experience (including, in particular, the names, qualifications,
experience, duties and functions of the persons who are to be the applicant’s
chief UAV controller and maintenance controller); and
(iii) its facilities and equipment; and
(iv) its practices and procedures; and
(b) a general description of the proposed
operations, including the type or types of UAV to be used.
(2) The application must be accompanied by a copy of
each of the applicant’s manuals relevant to the operation of UAVs.
101.335 Eligibility
for certification as UAV operator
(1A) Subject to regulation 11.055, CASA must certify an
applicant as a UAV operator if the applicant is eligible to be certificated as
a UAV operator in accordance with this regulation.
Note Under regulation 201.004, an
application may be made to the Administrative Appeals Tribunal for review of:
(a) a decision refusing to grant, or cancelling, suspending
or varying, a certificate; or
(b) a decision imposing a condition on a certificate.
See also section 31 of the Act.
(1) A person is eligible to be certificated as a UAV
operator if:
(a) the person has an organisation and structure
that is appropriate for safe operation of UAVs; and
(b) the person has enough qualified and
experienced personnel to undertake the proposed operations safely; and
(c) the person has facilities and equipment
appropriate to carry out the proposed operations using UAVs of the type to be
used; and
(d) the person has suitable practices and
procedures to do so; and
(e) if necessary, the flight crew are certified
as UAV controllers and hold flight radiotelephone operators’ certificates of
proficiency; and
(f) the person has nominated suitable persons to
be its chief UAV controller and maintenance controller.
(2) A body that is not a legal person is not eligible to
be certified as a UAV operator.
(3) Two or more persons cannot be certified jointly as a
UAV operator.
101.340 Conditions
on certification
(1) It is a condition of the certification of a person
as a UAV operator that the person:
(a) maintains within its organisation a position
of chief UAV controller having at least the functions and duties of a chief
controller set out in Annex 3 of Advisory Circular 101.1, as issued by CASA
from time to time; and
(b) employs as its chief UAV controller a person
who is certified as a UAV controller and who is competent to carry out those
duties and perform those functions; and
(c) either:
(i) maintains a position within its
organisation of maintenance controller, with the functions and duties set out
in that Annex; or
(ii) has an arrangement with another
qualified and competent person to carry out those functions and duties; and
(d) if it maintains within its organisation a
position of maintenance controller — employs as its maintenance controller
a person who is competent to carry out the duties and perform the functions of
a maintenance controller.
(2) If the UAV operator operates more than 1 UAV, the
chief UAV controller must carry out the duties and functions of a chief UAV
controller on a full‑time basis.
(4) Without limiting regulations 11.056 and 11.067, a
condition may:
(a) allow the person to operate UAVs of only
specified kinds; or
(b) allow the person to operate UAVs only for
specified purposes; or
(c) limit the areas where the person may operate
UAVs; or
(d) allow the person to operate UAVs only in VMC.
101.355 Certification
not transferable
Certification as a UAV operator is not
transferable.
101.360 Notice
to certified UAV operator to show cause
(1) CASA may give a show cause notice to a certified UAV
operator if there are reasonable grounds for believing that there are facts or
circumstances that would justify the cancellation of the approval under
regulation 101.365.
(2) A show cause notice must:
(a) tell the holder of the facts and
circumstances that, in CASA’s opinion, would justify the cancellation of the
certification under regulation 101.320; and
(b) invite the operator to show in writing,
within a reasonable time stated in the notice, why the certification should not
be cancelled.
(3) A show cause notice may state that the certification
is suspended if CASA reasonably considers that there may be a serious risk to
the safety of air navigation if the approval were not suspended.
(4) If a show cause notice states that the certification
is suspended, the certification is suspended from when the notice is given to
the holder.
(5) CASA may at any time revoke the suspension.
(6) If the approval is suspended and CASA has not dealt
with it under regulation 101.320 within 90 days after the day it is suspended,
the suspension lapses at the end of that period.
Note Regulation
201.004 provides for review of certain decisions by the Administrative Appeals
Tribunal.
101.365 Cancellation
of UAV operator’s certification
(1) CASA may cancel a certified UAV operator’s
certification by written notice to the operator, if:
(a) CASA has given to the operator a show cause
notice under regulation 101.315 in relation to it; and
(b) CASA has taken into account any
representations made, within the period stated in the notice, by or on behalf
of the operator; and
(c) there are reasonable grounds for believing
that:
(i) the operator has operated a UAV in
contravention of these Regulations or of a condition of the certification; or
(ii) an employee of the operator has
operated a UAV negligently or carelessly; or
(iii) an employee of the operator, in
operating a UAV, has recklessly endangered human life or property.
(2) If CASA has given a show cause notice under regulation
101.315 to a certified UAV operator, and it decides not to cancel the approval,
it:
(a) must tell the operator in writing of the
decision; and
(b) must, if the operator’s certification is
suspended under that regulation, revoke the suspension.
Note Regulation
201.004 provides for review of certain decisions by the Administrative Appeals
Tribunal.
Subpart 101.G Model aircraft
101.375 Applicability
of this Subpart
This Subpart applies to the operation of model
aircraft weighing 100 grams or more (except operation mentioned in paragraph
101.005 (3) (a) or (b)).
Note 1 For model aircraft,
see the Dictionary.
Note 2 This
Subpart does not apply to:
(a) a control‑line model aircraft (that is, a model
aircraft that is constrained to fly in a circle, and is controlled in attitude
and altitude, by means of inextensible wires attached to a handle held by the
person operating the model); or
(b) a model aircraft flown indoors.
See subregulation 101.005 (3).
101.380 Definitions
for Subpart
In this Subpart:
approved area means an area approved under
regulation 101.030 as an area for the operation of model aircraft.
Note CASA
must publish details of the approval of an area (including any conditions) in
NOTAM or on an aeronautical chart — see subregulation 101.030 (5).
giant model aircraft means a model aircraft
that has a take‑off mass (excluding fuel) of more than 25 kilograms, but
not more than 150 kilograms.
Note For model aircraft,
see the Dictionary.
101.385 Visibility
for operation of model aircraft
(1) A person may operate a model aircraft only if the
visibility at the time is good enough for the person operating the model to be
able to see it continuously.
Penalty: 25 penalty units.
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.390 Operating
model aircraft at night
(1) A person may operate a model aircraft at night only
in accordance with the written procedures of an approved aviation administration
organisation.
Penalty: 25 penalty units.
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.395 Keeping
model aircraft away from people
(1) A person must not operate a model aircraft over a
populous area at a height less than the height from which, if any of its
components fails, it would be able to clear the area.
Penalty: 50 penalty units.
Note For populous area, see
regulation 101.025.
(2) Subject to subregulations (3) and (4), somebody who
is operating a powered model aircraft must ensure that, while the model
aircraft is in flight, or is landing or taking off, it stays at least 30 metres
away from anyone not directly associated with the operation of model aircraft.
Penalty: 50 penalty units.
(3) Subregulation (2) is not contravened if somebody
stands behind the model aircraft while it is taking off.
(4) Subregulation (2) is also not contravened if, as
part of a model flying competition, a model aircraft is flown within 30 metres
of somebody who is judging the competition.
(5) An offence against subregulation (1) or (2) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.400 Operation
of model aircraft outside approved areas
(1) A person may operate
a model aircraft outside an approved area above 400 feet AGL only if he or she:
(a) keeps it in sight; and
(b) keeps it clear of populous areas.
Penalty: 10 penalty units.
Note 1 AGL
= above ground level (see the Dictionary). For populous area, see
regulation 101.025.
Note 2 CASA
must publish details of the approval of an area (including any conditions) in
NOTAM or on an aeronautical chart — see subregulation 101.030 (5).
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.405 Giant
model aircraft
(1) A person may operate a giant model aircraft only in
accordance with:
(a) the rules and procedures of an approved
aviation administration organisation; or
(b) an approval given by CASA.
Penalty: 50 penalty units.
Note For giant model aircraft,
see regulation 101.380.
(2) CASA may impose a condition on the operation of a
giant model aircraft if the condition is reasonably necessary in the
circumstances in the interests of aviation safety.
(3) The operator of a giant model aircraft must comply
with any condition imposed under subregulation (2).
Penalty: 50 penalty
units.
(4) An offence against subregulation (1) or (3) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.410 Model
flying displays
(1) A person may conduct a model aircraft flying display
only in compliance with subregulation (2) or (3).
Penalty: 50 penalty units.
(1A) An offence against subregulation (1) is an offence of
strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(2) A person complies with this subregulation if the
display is conducted:
(a) in an approved area; and
(b) in accordance with the rules and procedures
of an approved aviation administration organisation.
Note CASA
must publish details of the approval of an area (including any conditions) in
NOTAM or on an aeronautical chart — see subregulation 101.030 (5).
(3) A person complies with this subregulation if the
display is conducted in accordance with the following conditions and any other
conditions imposed by CASA under subregulation (4):
(a) at least 21 days before the display,
somebody is nominated as the organiser of the display;
(b) at least 21 days before the display, he or
she gives to CASA the following information:
(i) his or her name, address and
telephone number;
(ii) the proposed program of flying;
(iii) where the display will be held,
and how big the intended flying field is;
(iv) how many spectators are expected,
and where they will be;
(c) he or she ensures that:
(i) having regard to the events making
up the display, proper precautions are taken for the safety of the participants
and spectators; and
(ii) the operators participating in the
display are competent to carry out each proposed manoeuvre safely.
(4) CASA may impose a condition on the conduct of a
model flying display if in the circumstances the condition is reasonably
necessary in the interests of aviation safety.
Subpart 101.H Rockets
101.415 Applicability
of this Subpart
This Subpart applies to the operation of rockets of
all kinds, except rockets mentioned in paragraph 101.005 (3) (f).
Note 1 That
is, this Subpart does not apply to a firework rocket not capable of rising more
than 400 feet above ground level. See paragraph 101.005 (3) (f).
Note 2 Rocket
in this Subpart does not include a rocket‑powered aircraft — see
regulation 101.425.
101.420 Application
of State and Territory laws about rockets
(1) If a law of a State or Territory deals with the
operation or use of rockets, and is not inconsistent with this Subpart, nothing
in this Subpart affects the operation of the law.
(2) For subregulation (1), a law of a State or Territory
is not inconsistent with this Subpart if it is possible to comply with both
this Subpart and the State or Territory law at once.
101.425 Definitions
for Subpart
In this Subpart:
approved area means an area approved under
regulation 101.030 as an area for the operation of rockets.
Note CASA
must publish details of the approval of an area (including any conditions) in
NOTAM or on an aeronautical chart — see subregulation 101.030 (5).
high power rocket means a rocket that is not
a model rocket, and, to avoid doubt, includes:
(a) a sounding rocket; and
(b) a sub‑orbital rocket; and
(c) a launch vehicle (within the meaning given
by the Space Activities Act 1998).
model rocket means a rocket that:
(a) weighs no more than 1 500 grams; and
(b) carries no more than 125 grams of propellant;
and
(c) produces no more than 320 newton‑seconds of
impulse; and
(d) is made of balsa, wood, paper or plastics or
a combination of those materials, but contains no metal as structural parts.
rocket does not include a rocket‑powered or
rocket‑assisted aircraft.
101.430 Launching
rocket in or over prohibited or restricted area
(1) A person may launch a rocket (including a model
rocket) in or over a prohibited area, or in or over a restricted area, only
with the permission of, and in accordance with any conditions imposed by, the
authority controlling the area.
Penalty: 25 penalty units.
Note For prohibited area
and restricted area, see regulation 6 of the Airspace Regulations
2007. Details of prohibited or restricted areas are published in the AIP or
a NOTAM.
(2) In subregulation (1):
authority controlling the area means:
(a) in the case of a prohibited area — the
Secretary to the Department of Defence; and
(b) in the case of a restricted area — the
authority mentioned in AIP (as issued from time to time) as the controlling
authority for the area.
(3) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.435 Launching
rockets into controlled airspace
(1) A person may launch a
rocket (including a model rocket) to higher than 400 feet AGL in controlled
airspace only:
(a) in an approved area; or
(b) in accordance with an air traffic control
clearance.
Penalty: 50 penalty units.
Note 1 AGL = above ground
level (see the Dictionary).
Note 2 CASA
must publish details of the approval of an area (including any conditions) in
NOTAM or on an aeronautical chart — see subregulation 101.030 (5).
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.440 Launching
rockets near aerodromes
(1) A person may launch a rocket that is not a small
model rocket to higher than 400 feet AGL within 3 nautical miles of an
aerodrome only if:
(a) doing so is permitted by another provision
of this Part; or
(b) permission has been given for the operation
under regulation 101.445.
Penalty: 25 penalty units.
Note 1 AGL
= above ground level (see the Dictionary). For model rocket, see
regulation 101.425.
Note 2 Some
special provisions apply to model rockets — see regulation 101.470.
(2) In subregulation (1):
small model rocket means a model rocket that
weighs less than 500 grams and either:
(a) uses no more than 25 grams of propellant; or
(b) produces no more than 20 newton‑seconds of
impulse.
(3) A person may launch a rocket (including both a small
model rocket and any other model rocket) from or over an area mentioned in
paragraph (4) (a) or (b) only if:
(a) doing so is permitted by another provision
of this Part; or
(b) permission has
been given for the operation under regulation 101.445.
Penalty: 25 penalty units.
(4) The areas for subregulation (3) are:
(a) a movement area or runway of an aerodrome;
and
(b) the approach or departure path of a runway of
an aerodrome.
(5) An offence against subregulation (1) or (3) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.445 Getting
permission for launch of rocket near aerodrome
(1) The authority that must give permission for
regulation 101.440 is:
(a) if the aerodrome concerned is a controlled
aerodrome — the air traffic control service for the aerodrome; or
(b) in the case of any other aerodrome —
CASA.
(2) A person applies for permission under this
regulation by giving to the relevant authority mentioned in subregulation (1)
the information required by table 101.445, so far as relevant to the proposed
launch:
|
Table
101.445 Details of launching of rocket to be given to CASA
|
|
Item
|
Information to be provided
|
|
1
|
The name, address and telephone number of the person who
will launch the rocket (or, if several people will be involved, the name,
address and telephone number of the person who will coordinate the launching)
|
|
2
|
The date and time the rocket is to be launched
|
|
3
|
Where it is to be carried out
|
|
4
|
The size and mass of the rocket
|
|
5
|
The estimated greatest altitude or flight level that the
rocket will reach
|
|
6
|
If more than 1 rocket is to be launched at a time, how
many rockets are to be launched at the time
|
(3) If more than 1 rocket is to be launched at a time,
such a requirement is a requirement to give the information about each such
launch.
(4) Regulation 101.035 does not authorise a person who
or that applies for permission under this regulation to make the application to
a body mentioned in paragraph 101.035 (1) (a) or (b).
(5) An authority mentioned in subregulation (1) may
impose conditions on a permission in the interests of the safety of air
navigation.
(6) A person must not contravene a condition imposed
under subregulation (5).
Penalty: 50 penalty
units.
(7) An offence against subregulation (6) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.450 High
power rockets
(1) A person may launch a high power rocket, or permit a
high power rocket to be launched, only in an approved area.
Penalty: 10 penalty units.
Note 1 CASA
must publish details of the approval of an area (including any conditions) in
NOTAM or on an aeronautical chart — see subregulation 101.030 (5).
Note 2 For high power rocket,
see regulation 101.425.
(2) A person may launch a high power rocket, or permit a
high power rocket to be launched, only if the person gives the details listed
in the table following subregulation 101.445 (2) to CASA at least 1
working day before the intended time of the launch.
Penalty: 10
penalty units.
Note A
person can comply with this requirement by telling:
(a) if the person is an approved aviation administration
organisation — the Australian NOTAM Office; or
(b) the appropriate approved aviation administration
organisation.
See regulation 101.035.
(3) If more than 1 rocket is to be launched at a time,
such a requirement is a requirement to give the information about each such
rocket.
(4) An offence against subregulation (1) or (2) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.455 Maximum
operating height of rockets
(1) A person may launch a rocket that is not a model
rocket to higher than 400 feet AGL only:
(a) in an approved area; or
(b) as permitted by another provision of this
Part.
Penalty: 10 penalty units.
Note 1 AGL = above ground
level (see the Dictionary).
Note 2 CASA
must publish details of the approval of an area (including any conditions) in
NOTAM or on an aeronautical chart — see subregulation 101.030 (5).
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.460 Dropping
or discharging of things from rockets
(1) A person must not cause anything to be dropped or
discharged from a rocket in a way that creates a hazard to an aircraft.
Penalty: 25 penalty units.
(2) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.465 Weather
and day limitations — rockets other than model rockets
(1) A person may launch a rocket that is not a model
rocket:
(a) in or into cloud; or
(b) at night; or
(c) in conditions other than VMC;
only as permitted by another provision of this Part, or in
accordance with an air traffic control clearance.
Penalty: 10 penalty units.
Note For model rocket, see
regulation 101.425.
(2) However, subregulation (1) does not prevent rockets
being operated as part of a firework display.
(3) An offence against subregulation (1) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.470 Model
rockets
(1) A person must not
launch a model rocket into cloud.
Penalty: 10 penalty units.
Note For model rocket, see
regulation 101.425.
(2) A person must not launch a model rocket to higher
than 400 feet AGL within 5 nautical miles of an aerodrome.
Penalty: 10 penalty units.
(2A) An offence against subregulation (1) or (2) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3) Subject to subregulations (1) and (2) and Subpart
101.B, a person may launch a model rocket outside an approved area, or at
night.
Subpart 101.I Firework
displays
101.475 What
this Subpart does
This Subpart regulates the conduct of certain
firework displays, to the extent necessary to prevent them being a hazard to
the safety of air navigation.
101.480 Application
of State and Territory laws about fireworks
(1) If a law of a State or Territory deals with the use
of fireworks, and is not inconsistent with this Subpart, nothing in this
Subpart affects the operation of the law.
(2) For subregulation (1), a law of a State or Territory
is not inconsistent with this Subpart if it is possible to comply with both
this Subpart and the State or Territory law at once.
101.485 Meaning
of operate a firework display
For this Subpart, a person operates a
firework display if the person places the fireworks for the display, or
fires them off.
101.490 Certain
projectiles prohibited in firework displays
(1) A person may use, in a firework display, a
projectile that is capable of reaching more than 400 feet above ground level
only if CASA so approves.
Penalty: 10 penalty units.
(2) An offence against
subregulation (1) is an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
101.495 Firework
displays not permitted near aerodromes
(1) A person may operate
a firework display in or over an area mentioned in paragraph (2) (a) or
(b) only if subregulation (3) or (4) applies to the display.
Penalty: 10 penalty units.
(1A) An offence against subregulation (1) is an offence of
strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(2) The areas for subregulation (1) are:
(a) a movement area or runway of an aerodrome;
and
(b) the approach or departure path of a runway of
an aerodrome.
(3) This subregulation applies to a firework display if:
(a) permission for the display has been given
by:
(i) if the aerodrome is a controlled
aerodrome — the air traffic control service for the aerodrome; and
(ii) in the case of any other
aerodrome — CASA; and
(b) the person who proposes to operate the
display has, before doing so, given to CASA the details required by table 101.500.
(4) This subregulation applies to a firework display if
the fireworks are set off on or near domestic premises by or for somebody who
lives there.
101.500 Notice
to CASA of certain firework displays
(1) A person may operate a firework display at a place
within 3 nautical miles of an aerodrome only if the person has given at
least 2 working days’ notice to CASA.
Penalty: 10 penalty units.
(2) However, subregulation (1) does not apply if:
(a) the fireworks are set off on or near
domestic premises by or for somebody who lives there; and
(b) either:
(i) if a law of a State or Territory
allows fireworks to be set off in that place only on a particular day or
days — the fireworks are set off on such a day; or
(ii) if there is no such law in that
place — the fireworks are set off on a day on which fireworks are
customarily set off on domestic premises in that place.
(3) When the person tells CASA, the person must also
give to CASA the information required by table 101.500.
|
Table
101.500 Details of firework display to be given to CASA
|
|
Item
|
Information to be provided
|
|
1
|
The name, address and telephone number of the person who
will operate the display (or, if several people will be involved in its
operation, the name, address and telephone number of the person who will
coordinate it)
|
|
2
|
The date the display is to begin, the starting time, and
how long it is to last
|
|
3
|
Where it is to be given
|
|
4
|
How many projectiles capable of reaching more than 400
feet above ground level are to be used in the display
|
|
5
|
A general description of the pyrotechnic characteristics
of each such projectile
|
|
6
|
The estimated highest altitude that any projectile can
reach
|
|
7
|
The maximum burst radius of the pyrotechnics in a
projectile
|
(4) CASA may impose a condition on the operation of a firework
display if the condition is reasonably necessary in the circumstances in the
interests of the safety of air navigation.
(5) A person operating a
display must comply with any condition imposed under subregulation (4).
Penalty: 50 penalty units.
(6) An offence against subregulation (1) or (5) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
Part 137 Aerial application operations — other than rotorcraft
Note This Part is made up as
follows:
Subpart 137.A Applicability
and definitions
137.005 Applicability
137.010 Definitions
Subpart 137.B General
137.015 Approvals
137.020 Effect
of other provisions
137.025 Aeroplane —
type certificate
137.030 Authority
of the pilot
Subpart 137.C Operator
certification and supervision
137.035 Applicant
to prepare manual
137.040 Standard
operations manual
137.045 Application
for an AOC or variation of an AOC
137.050 Decision
on AOC and manual
137.055 Offences
concerning operations manual
137.060 Operator’s
organisational structure
137.065 Head
of flight operations
137.070 Head
of aeroplane maintenance control
137.075 Replacement
of holder of key personnel position
137.080 Amendments
to operations manual by operator
137.085 Amendments
to schedule of differences
137.090 Amendments
to standard operations manual
Subpart 137.D Operational
procedures
137.095 Operation
to be in VMC
137.100 Use
of weather forecasts or observations
137.105 Landing
areas
137.110 Safety
of persons other than crew at landing areas
137.115 Refuelling
137.120 Documents
to be carried on a flight
137.125 Manipulation
of flight controls
137.130 Use
of seats, seatbelts and harnesses
137.135 Carriage
of passengers
137.140 Minimum
height and lateral separation for operation
137.145 Application
over populous areas
137.150 In‑flight
fuel management
137.155 Operations
near RPT flight
137.160 Aerodrome
circuit requirements
137.165 Close
proximity operations
137.170 Night
operations
137.175 Firefighting
operations
Subpart 137.E All‑weather
operations
Subpart 137.H Aeroplane
performance
137.180 General
137.185 Take‑off
over a populous area
Subpart 137.J Weight
and balance
137.190 Weight
limitations
137.195 Loading —
supervision
Subpart 137.K Instruments
and equipment
137.200 Installation
of instruments and equipment
137.210 Position
of instruments and equipment
137.215 Instruments
and equipment required
137.220 Crew
intercom system
137.225 Seatbelts
and harnesses
Subpart 137.M Aeroplane
maintenance
137.230 Fitting
and removal of role equipment
Subpart 137.N Pilots
137.235 Qualifications
for pilots conducting application operations
137.240 Annual
proficiency checks
Subpart 137.P Manuals,
logs and records
137.245 Flight
manual
137.250 Checking
records
137.255 Document
retention periods
137.260 Maintenance
record to be given to new operator
Subpart 137.Q Flight
duty time limitations and rest requirements
137.265 Application
of Subpart 137.Q
137.270 Subpart
not to affect subsection 1 of CAO 48.1
137.275 Limit
on flying hours
137.280 Off‑duty
period before and after tour of duty
137.285 Tour of duty — duration
137.290 Off‑duty
period each 14 days
137.295 Limit
on time spent on tours of duty
137.300 Pilot
to be fit for duty
Subpart 137.A Applicability and definitions
137.005 Applicability
(1) Subject to this regulation, this Part applies to
aerial application operations using aeroplanes.
Operators
(2) This Part applies to a person who is applying for an
AOC, on or after the commencing day, to authorise the person to undertake application operations.
(3) If:
(a) a person has applied, on or after the
application day but before the
commencing day, for an AOC to authorise the holder to undertake agricultural operations or purposes
substantially similar to agricultural operations; and
(b) before the commencing day, the person has not
been issued with the AOC;
this Part applies to the person and
the application as if:
(c) the application had been made on the
commencing day; and
(d) the application was for an authorisation to
undertake application operations.
(4) If, on the commencing day, a person holds an AOC
that covers agricultural operations or purposes substantially similar to
agricultural operations:
(a) the person may, after the commencing day,
prepare and submit to CASA an operations manual; and
(b) this Part applies to the person and the
manual as if the person was applying for an AOC on or after the commencing day to authorise the person to undertake
application operations.
(5) This Part applies on and after the day that falls
12 months after the commencing day to a person who has an AOC that authorises the person to undertake agricultural operations or purposes substantially similar to
agricultural operations if:
(a) that
AOC is in effect on that day; and
(b) this
Part does not otherwise apply to the person.
Pilots
(6) If:
(a) a pilot is engaged in an application
operation on or after the commencing day; and
(b) the pilot is not employed by an operator for
that operation;
this Part applies to the pilot for that operation.
(7) If:
(a) this Part applies to an operator on a
particular day; and
(b) a pilot employed by the operator undertakes
an application operation for the operator on that day;
this Part applies to the pilot for that operation.
(8) In this regulation:
application
day means the day that
falls 30 days before the day this Part commences.
commencing day means the day this Part
commences.
137.010 Definitions
In this Part:
aerial application operation (or application
operation) means:
(a) a flight that is carried out by an aeroplane
to apply application material; and
(b) a flight by an aeroplane that is for, or
partly for, 1 or more of the following:
(i) inspection of a work area;
(ii) pilot training or checking
relating to a flight mentioned in paragraph (a);
(iii) training
of a crew member other than the pilot;
(iv) travel from a landing area to a
work area and back;
(v) the carriage of a passenger
specified in regulation 137.135 for a purpose set out in that regulation;
and
(c) preparation for any activities mentioned in
paragraphs (a) and (b).
application material means fertiliser, trace
elements, seeds, baits, water, pesticides or other material.
apply, in relation to application material,
means to drop or spray the material onto the ground or water.
crew member includes a person who is on board
an aeroplane to give, or receive, training in an aspect of application
operations.
employ, in relation to a pilot, includes to engage as an independent
contractor.
GPS marking system means a system that uses
global positioning system equipment to show the flight path required for an
aeroplane when applying application material.
head of aeroplane maintenance control, in
relation to an operator, means the person who holds the position whose duties
include those mentioned in regulation 137.070.
head of flight operations, in relation to an
operator, means the person who holds the position whose duties include those
mentioned in regulation 137.065.
key personnel position, in relation to an
operator, means the positions of head of aeroplane maintenance control and head
of flight operations for the operator.
landing area means a place, whether or not an
aerodrome, where an aeroplane is able to take off and land.
MEL,
or minimum equipment list, for an aeroplane, means an approved list that provides for the operation of the aeroplane with particular equipment inoperative, and sets out any special
conditions for such operation.
operations
manual, in relation to an operator or an application operation
carried out by an operator, means:
(a) the manual, and the schedule of differences
(if any), approved under regulation 137.050;
and
(b) any amendments approved under regulation
137.080, 137.085 or 137.090, as appropriate.
Note An operations manual may comprise a
standard operations manual and a schedule of differences: see subregulation
137.035 (2).
operator, in relation to an aeroplane, means
a person who holds an AOC that authorises the use of the aeroplane in
application operations.
populous area, in relation to a flight by an
aeroplane, means an area where, if the aeroplane’s engine failed, the aeroplane
would not be able to glide safely clear of any occupied building.
resting time, for a pilot, means any time
during a tour of duty when the pilot:
(a) has no duties to perform; and
(b) has access to accommodation that is conducive
to rest and includes a comfortable chair.
role equipment means equipment fitted to an
aeroplane for an application operation, including booms, spreaders and mirrors.
schedule of differences, for an operator,
means the schedule prepared by the operator under paragraph 137.045 (3) (c) and
approved by CASA under regulation 137.050.
sleeping time, for a pilot, means any time
during a tour of duty when the pilot:
(a) has no duties to perform; and
(b) has access to a comfortable room that:
(i) is subject to minimal noise
levels; and
(ii) is well ventilated; and
(iii) is equipped with a method of
controlling the entry of light; and
(iv) is equipped with a comfortable bed
and chair.
standard operations manual means an
operations manual approved under regulation 137.040.
work area, in relation to an application
operation, means:
(a) the area of ground or water where
application material is to be applied; and
(b) the area over which the aeroplane concerned
flies as it approaches and departs from the area mentioned in paragraph (a).
Subpart 137.B General
137.015 Approvals
If a provision of this Part provides that anything
(including a document, body or activity) must be approved, CASA may approve the
thing, in writing, for the provision.
137.020 Effect
of other provisions
If a provision in these Regulations is inconsistent
with a provision in this Part, the provision in this Part prevails to the
extent of the inconsistency.
137.025 Aeroplane —
type certificate
(1) If an aeroplane does not conform to a type
certificate or type acceptance certificate in the normal, restricted or utility
category:
(a) the operator of the aeroplane must not allow
it to be used for an application operation; and
(b) a pilot must
not use it to carry out an application operation.
Penalty: 50
penalty units.
(2) A contravention of subregulation (1) is an offence
of strict liability.
Note CASA may grant an exemption from a
provision of these Regulations: see Subpart 11.F.
137.030 Authority
of the pilot
The operator of an aeroplane must take all
reasonable measures to ensure that, if the pilot in command of the aeroplane,
acting in accordance with a provision of these Regulations, directs anybody to
do something, or not do something, the person complies with the direction.
Subpart 137.C Operator certification and supervision
137.035 Applicant
to prepare manual
(1) A person applying for an AOC to cover application
operations must prepare a manual that:
(a) specifies procedures to be followed by crew
members and other persons to ensure the safety of the operations that are to be
covered by the AOC; and
(b) includes the names of the persons who are to
be the CEO and holders of the key personnel positions.
(2) The person may comply with subregulation (1)
by:
(a) nominating a standard operations manual to
apply to the person’s operations; and
(b) preparing a schedule of differences to the
standard operations manual.
(3) The manual may:
(a) consist of 1 or more volumes; and
(b) include material prepared by someone other
than the person making the application; and
(c) incorporate another document or documents by
reference.
Note CASA approves the manual under
regulation 137.050 when approving the application for the AOC.
137.040 Standard
operations manual
(1) CASA may approve, in writing, a manual prepared by a
person other than an operator, as a standard operations manual.
(2) The manual must specify procedures to be followed by
crew members of aeroplanes and other persons engaged in application operations
to ensure the safety of the operations.
137.045 Application
for an AOC or variation of an AOC
(1) An application by a person for an AOC to cover
application operations must be
submitted to CASA at least 90 days before the date of intended operation.
(2) The manual that, for subsection 27AB (2) of the
Act, must be lodged with CASA by the person need not include landing area
information.
(3) If the person nominates a standard operations
manual the application must include:
(a) a statement identifying the standard
operations manual; and
(b) an undertaking to comply with the standard
operations manual as in force from time to time; and
(c) a schedule to the standard operations
manual, prepared by the applicant, showing:
(i) the ways (if any) in which the
person’s application operations are proposed to differ from those described in
the standard operations manual adopted by the person under paragraph (b);
and
(ii) the names of the persons who are
proposed to be the CEO and holders of the key personnel positions.
(4) The manual or schedule (if any) that relates to the
application must be submitted to CASA at least 60 days before the date of
intended operation.
(5) An application for a variation of an AOC must be submitted
to CASA at least 30 days before the date of the proposed change to the
operation.
Note For matters about which CASA must be
satisfied before issuing an AOC, see section 28 of the Act.
(6) CASA may accept an application later than required
under subregulation (1) or (5), or a late submission under subregulation (4).
137.050 Decision
on AOC and manual
(1) CASA must, in writing, approve or refuse to
approve:
(a) an application for an AOC; and
(b) an application for a variation of an AOC.
(2) If CASA approves an application for an AOC under
subregulation (1), it is taken to have approved:
(a) the applicant’s manual; and
(b) if applicable — the schedule mentioned
in paragraph 137.045 (3) (c).
(3) CASA is taken to have refused an application for an
AOC if it has not approved or refused the application within the period of 90
days starting on the later of the following:
(a) the day the application is made;
(b) the day the applicant has complied with any
notice given by CASA under section 27AC of the Act.
(4) CASA is taken to have refused an application for a
variation of an AOC if it has not approved or refused the application within
the period of 90 days starting when the application is made.
137.055 Offences
concerning operations manual
(1) An operator must conduct application operations in
accordance with:
(a) the operations manual; and
(b) if the operator has an exemption given by
CASA under Part 11 — the exemption.
Penalty: 25 penalty units.
(2) The operator must ensure that the manual, and
information relating to any exemption, is available to crew members and other
persons engaged in application operations for the operator.
Penalty: 25 penalty units.
(3) A contravention of subregulation (1) or (2) is an
offence of strict liability.
137.060 Operator’s
organisational structure
(1) An operator must nominate an individual to be chief
executive officer (CEO) of the operator’s organisation.
(2) The CEO must be responsible for ensuring that all
application operations and aeroplane maintenance can be carried out to the
standard required by these Regulations.
(3) An operator must nominate individuals to hold the
key personnel positions in the organisation.
(4) If, having regard to the size of an operator’s
organisation or the nature and scope of operations authorised by the operator’s
AOC, it would not adversely affect the safety of the operations to do so, an
operator may:
(a) appoint a person to a key personnel position
on a part‑time basis; or
(b) appoint a person to more than 1 key personnel
position.
(5) An operator must ensure that, at all times, a person
is occupying, or acting in, each key personnel position.
137.065 Head
of flight operations
(1) Subject to subregulation (5), an operator must
nominate an individual to be head of flight operations in the operator’s
organisation.
(2) The duties of the head of flight operations must
include being responsible for the following:
(a) monitoring the operator’s compliance with
the Act, these Regulations and the conditions to which the operator’s AOC is
subject, and reporting on compliance to the operator’s CEO;
(b) monitoring the adequacy of the operator’s
systems and procedures to ensure safe operations under the operator’s AOC, and
reporting on the adequacy of the systems and procedures to the CEO;
(c) arranging rosters for the pilots employed to
carry out application operations for the operator;
(d) maintaining an efficient system for recording
flight and duty times for each pilot;
(e) maintaining up‑to‑date records of all
licences, ratings, medical certificates and endorsements held by each pilot;
(f) maintaining a system that will ensure
compliance with the relevant loading procedures for each type of aeroplane used
in operations carried out under the operator’s AOC;
(g) ensuring that the operator keeps any
documents required by the Act, these Regulations and the conditions of the
operator’s AOC;
(h) setting and monitoring the standard of
application operations, including activities on the ground, carried out under
the operator’s AOC;
(i) ensuring that the checking required by
Subpart 137.N is carried out and, if a pilot fails a check, that the
appropriate retraining and re‑checking are carried out;
(j) allocating an aeroplane for use in each
operation carried out under the operator’s AOC.
(3) If an operator uses
only 1 aeroplane for application operations, the person occupying the position
of head of flight operations must have at least 300 hours total flight
time as pilot in command in application operations.
(4) If an operator uses more than 1 aeroplane for
application operations, the person occupying the position of head of flight
operations must hold an agricultural pilot (aeroplane) grade 1 rating within
the meaning given in Civil Aviation Order 40.6.
(5) A person who, under Civil Aviation Order 82.0, is
approved as Chief Pilot of an operator, is taken to be the head of flight
operations for the operator.
137.070 Head
of aeroplane maintenance control
(1) An operator must
nominate an individual to be head of aeroplane maintenance control in the
operator’s organisation.
(2) The duties of the head of aeroplane maintenance
control must include ensuring that the operator complies with Subpart 137.M.
137.075 Replacement
of holder of key personnel position
If an operator proposes a replacement of the
holder of a key personnel position, the operator must:
(a) notify CASA as soon as is practicable before
the proposed replacement; and
(b) if the replacement does not take effect —
notify CASA accordingly.
137.080 Amendments
to operations manual by operator
(1) This regulation applies to an operator that:
(a) is using an operations manual prepared by
the operator; and
(b) proposes a change to a procedure or another
matter that, because of its nature, would require amendment of the manual.
(2) The operator must:
(a) prepare an amendment to the manual to
reflect the proposed change; and
(b) give the amendment to CASA as soon as
practicable after preparing it and before implementing the change.
(3) CASA must, in writing, approve or refuse to approve
the proposed amendment.
137.085 Amendments
to schedule of differences
(1) This regulation applies to an operator that:
(a) has adopted a standard operations manual;
and
(b) proposes a change to a procedure or another
matter that, because of its nature, would require amendment of the schedule of
differences.
(2) The operator must:
(a) prepare an amendment to the schedule to
reflect the proposed change; and
(b) give the amendment to CASA as soon as
practicable after preparing it and before implementing the change.
(3) CASA must, in writing, approve or refuse to approve
the proposed amendment.
137.090 Amendments
to standard operations manual
(1) A person that has prepared a standard operations
manual may prepare an amendment of the manual.
(2) The person must submit the amendment to CASA.
(3) CASA must, in writing, approve or refuse to approve
the amendment.
Subpart 137.D Operational procedures
137.095 Operation
to be in VMC
(1) The pilot in command of an aeroplane may only conduct
an application operation in VMC.
Penalty: 25 penalty units.
(2) A contravention of subregulation (1) is an offence
of strict liability.
137.100 Use
of weather forecasts or observations
(1) This regulation applies to the operator of the
aeroplane and its pilot in command if the operator is planning an application
operation that is to take place more than 50 nautical miles from the take‑off
aerodrome.
(2) The operator and pilot must:
(a) use a weather forecast or report prepared by
the Bureau of Meteorology or another approved body; or
(b) if the pilot is not reasonably able to obtain
a weather forecast or report of a kind mentioned in paragraph (a) —
satisfy subregulation (4).
Penalty: 5 penalty units.
(3) The operator must provide any equipment necessary to
obtain the forecast or report.
Penalty: 10 penalty units.
(4) The operator and pilot satisfy this subregulation
if the pilot:
(a) uses his or her observations, or weather
information from a source other than those mentioned in paragraph (2) (a);
and
(b) the pilot reasonably believed it was safe to
use the observations or information.
(5) A contravention of
subregulation (2) or (3) is an offence of strict liability.
137.105 Landing
areas
Despite any other provision of these Regulations,
the pilot in command of an aeroplane engaged in an application operation may
use any landing area that can be used safely for take‑offs and landings.
137.110 Safety
of persons other than crew at landing areas
(1) The operator of an aeroplane must, for the safety
of persons during application operations at a landing area:
(a) use appropriate procedures, including those
necessary for the safe loading and unloading of aeroplanes; and
(b) provide appropriate equipment, including any
necessary lighting.
Penalty: 25 penalty units.
(2) The procedures must
be set out in the operations manual.
(3) A contravention of subregulation (1) is an offence
of strict liability.
137.115 Refuelling
(1) An operator must use appropriate safety procedures
for the refuelling of each of the operator’s aeroplanes that is used in an application operation.
Penalty: 25 penalty units.
(2) The operations manual must set out the procedures.
(3) A contravention of subregulation (1) is an offence
of strict liability.
137.120 Documents
to be carried on a flight
(1) The pilot in command of an aeroplane being used for
an application operation must have a copy of the aeroplane’s flight manual, or
an approved alternative document, on board the aeroplane on every flight.
Penalty: 10 penalty units.
(2) The pilot must also have the documents or copies
mentioned in subregulations (4) and (5) on board the aeroplane on a flight if
the aeroplane will be more than 1 hour’s flying time (at cruise speed in still
air) from the operator’s principal operating base.
Penalty: 10 penalty units.
(3) However, if:
(a) the aeroplane is to be based for more than 7 days
at a place that is not the operator’s principal operating base (a substitute
base); and
(b) the aeroplane is less than 1 hour’s flying
time (at cruise speed in still air) from the substitute base;
the documents or copies mentioned in subregulations (4) and (5)
may be kept at the substitute base.
(4) For subregulations (2) and (3), the documents are:
(a) the aeroplane’s flight and maintenance
records; and
(b) each of the following documents, or copies
of the documents:
(i) the aeroplane’s certificate of
registration;
(ii) the aeroplane’s certificate of
airworthiness (or, if applicable, special flight permit);
(iii) the current medical certificate
for, and licence of, the pilot.
(5) However, if the operations manual states that only a
specified part of a document mentioned in subregulation (1) or
paragraph (4) (a) must be carried during a flight, only that part need be
carried.
(6) A contravention of subregulation (1) or (2) is an
offence of strict liability.
137.125 Manipulation
of flight controls
(1) While an aeroplane is engaged in an application
operation its flight controls may be manipulated by a person only if the person
is:
(a) the pilot in command of the aeroplane; or
(b) a pilot who is being trained in application
operations; or
(c) a person authorised to do so by CASA.
Penalty: 25 penalty units.
(2) If an aeroplane engaged in an application operation
is on the ground with the engine running, the pilot in command must be at the
controls unless:
(a) the pilot is refuelling the aeroplane in
accordance with the operations manual; or
(b) the following apply:
(i) the pilot remains near the
aeroplane;
(ii) the wheel brakes are locked and,
if practicable, the wheels are chocked;
(iii) the aeroplane’s power controls are
friction locked and, if possible, the propeller is feathered;
(iv) the engine is retarded to idle and,
if possible, ground idle.
Penalty: 25 penalty units.
(3) Subregulation (4) applies if a person who is
not, under these Regulations, entitled to manipulate the aeroplane’s flight
controls:
(a) occupies a control seat fitted with fully or
partially functioning controls; or
(b) is seated in a position where he or she could
interfere with the controls.
(4) The pilot in command of the aeroplane must:
(a) instruct the person not to interfere with
the controls; and
(b) be satisfied on reasonable grounds that the
person has understood the instruction.
Penalty: 25 penalty units.
(5) A contravention of subregulation (1) or (2) is an
offence of strict liability.
(6) Strict liability applies to the physical element
mentioned in paragraph (4) (a).
137.130 Use
of seats, seatbelts and harnesses
(1) A person in an aeroplane engaged in an application
operation must occupy a seat and wear a seatbelt or harness whenever the
aeroplane is moving under its own power.
Penalty: 10 penalty units.
(2) However, subregulation (1) does not apply to a
person in the aeroplane if, during the operation:
(a) he or she is acting in accordance with an
instruction by the pilot in command; or
(b) he or she is
wearing an approved restraint device and either:
(i) has satisfactorily completed a
course of training in the operation and is directly involved in the operation;
or
(ii) is being trained in the operation.
(3) A contravention of subregulation (1) is an offence
of strict liability.
137.135 Carriage
of passengers
(1) If an aeroplane is engaged in an application operation,
neither the operator nor the pilot in command may allow a passenger to be
carried unless subregulation (2), (3) or (4) applies to the operation and
the passenger.
Penalty: 50 penalty units.
(2) This subregulation applies if the passenger is an
officer, or delegate of CASA, who is on board the aeroplane to carry out his or
her duties.
(3) This subregulation applies if:
(a) the passenger is on board the aeroplane to
identify the area where the application material is to be applied; and
(b) no application material is applied during the
operation.
(4) This subregulation applies if:
(a) the passenger is on board the aeroplane to
carry out duties necessary for his or her employment; and
(b) both the operator and the pilot agree to the
carriage of the passenger.
Note The operator and pilot must take
precautions to ensure the safety of the passenger: see regulation 224 of CAR.
(5) A contravention of subregulation (1) is an offence
of strict liability.
137.140 Minimum
height and lateral separation for operation
(1) Subject to
subregulations (2), (3) and (4) the pilot in command of an aeroplane engaged in
an application operation may fly at any height while:
(a) over the work area; or
(b) travelling from the landing area used for
loading the aeroplane to the work area.
(2) In a populous area, the aeroplane must not fly
closer than 100 metres, measured horizontally, from an occupied building.
Penalty: 25 penalty units.
(3) In an area other than a populous area the aeroplane
must not fly less than 350 feet AGL while closer than 100 metres, measured
horizontally, from an occupied building.
Penalty: 25 penalty units.
(4) The aeroplane may fly closer to a building and to
the ground than provided for in subregulation (2) or (3) if:
(a) more than 48 hours before the proposed
operation, the occupier of the building was notified in writing about the
operation and did not object to the operator about it; or
(b) if it was not reasonably practicable to give
written notice — the occupier was notified verbally before the operation
and did not object to the operator about it.
(5) A contravention of subregulation (2) or (3) is an
offence of strict liability.
137.145 Application
over populous areas
(1) A person may conduct an application operation over
a populous area only if:
(a) the person is an operator; and
(b) the procedures for the operation are set out
in the operations manual; and
(c) the operation was requested by a person
that, under a law of a State or Territory, may authorise the operation.
Penalty: 25 penalty units.
(2) An operator must,
before conducting the operation, make a plan for the operation that:
(a) includes consultation with the person that requested the
operation; and
(b) identifies any obstructions to flight and
sets out how these will be avoided; and
(c) identifies the most suitable emergency
landing area for the operation; and
(d) sets out any
coordination with ATC that is necessary for the operation.
Penalty: 25 penalty units.
(3) A contravention of subregulation (1) or (2) is an
offence of strict liability.
137.150 In‑flight
fuel management
(1) The pilot in command of an aeroplane engaged in an
application operation must plan a flight for the operation so that, at all
times, the aeroplane has enough fuel to complete the flight safely.
Penalty: 50 penalty units.
(2) If an operations manual applies to the pilot, it
must set out:
(a) the procedures that the pilot must follow to
ensure that the aeroplane carries enough fuel; and
(b) a procedure to ensure that in‑flight fuel
checks and fuel management are carried out.
(3) A contravention of subregulation (1) is an offence
of strict liability.
137.155 Operations
near RPT flight
(1) The pilot in command of an aeroplane must not
engage in an application operation within 5 nautical miles of an aerodrome
during:
(a) the period commencing 10 minutes before the
estimated time of arrival at the aerodrome of an aeroplane with an MTOW of more
than 5 700 kg that is conducting a regular public transport operation
(an RPT aeroplane) and finishing when the RPT aeroplane lands;
and
(b) the period commencing when an RPT aeroplane
starts to taxi for take‑off at the aerodrome and finishing when the RPT
aeroplane is at an altitude that is 500 feet greater than the maximum
operating altitude that is to be reached by the aeroplane during the operation.
Penalty: 50 penalty units.
(2) Subregulation (1) does not apply if the pilot is:
(a) subject to instructions by ATC; or
(b) in radio contact with the RPT aeroplane.
(3) A contravention of subregulation (1) is an offence
of strict liability.
137.160 Aerodrome
circuit requirements
(1) The pilot in command of an aeroplane engaged in an
application operation that involves a take‑off from, or landing at, an
aerodrome need not conform with the circuit traffic protocol specified in the
AIP for the aerodrome if:
(a) the aeroplane is fitted with a radio; and
(b) the pilot:
(i) maintains a continuous listening
watch on the aerodrome frequency; and
(ii) broadcasts his or her intentions
in accordance with the AIP; and
(iii) gives priority to other traffic.
(2) However, subregulation (1) does not apply if the
flight is subject to ATC instructions.
(3) In this regulation, AIP includes a
document that is equivalent to the AIP.
137.165 Close
proximity operations
(1) For this regulation, 2 or more aeroplanes are engaged
in a close proximity operation if they are flying so close
to each other during an application operation as to create a collision hazard
if special measures are not taken.
(2) A person must not operate an aeroplane in a close
proximity operation if the person is not an operator.
Penalty: 25 penalty units.
(3) The pilot in command of an aeroplane must not
engage in a close proximity operation unless the operation is coordinated by:
(a) if the operation is to be conducted by 1
operator — the operator’s head of flight operations, or another person
nominated by the operator; or
(b) otherwise — a suitably qualified pilot
agreed to by all pilots involved in the operation.
Penalty: 25 penalty units.
(4) The coordinator must give, to all pilots involved
in the operation, instructions about the following:
(a) transit between the landing area and the
work area;
(b) radio communications, including loss‑of‑communication
procedures;
(c) refuelling arrangements;
(d) the conduct of the operation.
Penalty: 25 penalty units.
(5) During the operation each pilot must:
(a) maintain safe lateral separation from the
other aeroplanes by visual and radio contact; and
(b) comply with the instructions of the person
coordinating the operation.
Penalty: 25 penalty units.
(6) A contravention of subregulation (2), (3), (4) or
(5) is an offence of strict liability.
137.170 Night
operations
(1) This regulation applies to an application operation
conducted at night.
(2) The pilot in command of the aeroplane to be used in
the operation must, by inspection during daylight, be familiar with:
(a) the work area; and
(b) the route
between the work area and the landing area.
Penalty: 25 penalty units.
(3) The operator of the aeroplane must plan the
operation so the distance from a work area to a landing area is less than 30 minutes
flying time at normal cruise power in still air, unless:
(a) the aeroplane is equipped, and certificated
under Part 21, for night VFR flight; and
(b) the pilot holds, in addition to any rating
required for night application operations, the rating required for a VFR flight
at night.
Penalty: 25 penalty units.
(4) The operator must not allow the operation to
commence unless the aeroplane is equipped with a two‑way radio that enables the
pilot to communicate with each person on the ground who has a role in the
operation.
Penalty: 25 penalty units.
(5) The pilot must not commence or continue the
operation if horizontal visibility from the aeroplane is less than 5 km.
Penalty: 25 penalty units.
(6) The operator must ensure that
lights are placed at the work area to help the pilot with orientation.
Penalty: 25 penalty units.
(7) A contravention of subregulation (2), (3), (4), (5)
or (6) is an offence of strict liability.
137.175 Firefighting
operations
(1) A person must not
operate an aeroplane for an application operation that involves firefighting
unless the emergency control authority responsible for the firefighting:
(a) has not, when the operation commences, taken
control of the fighting of the fire; or
(b) has taken control of the firefighting and
asks the person to carry out the operation.
Penalty: 50 penalty units.
(2) A pilot is authorised to conduct an application
operation that:
(a) involves firefighting; and
(b) is requested by the relevant emergency
control authority;
only if he or she has more than 500 hours experience as pilot
in command in application operations when the operation commences.
Penalty: 50
penalty units.
(3) A contravention of
subregulation (1) or (2) is an offence of strict liability.
Subpart 137.E All‑weather operations
Note Reserved for future use.
Subpart 137.H Aeroplane performance
137.180 General
(1) The pilot in command of an aeroplane engaged in an
application operation must, before take‑off, take reasonable steps to satisfy
himself or herself that the take‑off can be safely carried out by considering
the aeroplane’s take‑off weight and each other relevant factor.
Penalty: 50 penalty units.
(2) Before landing, the pilot must satisfy himself or
herself that the landing can be safely carried out by considering the
aeroplane’s landing weight and each other relevant factor.
Penalty: 50 penalty units.
(3) A contravention of subregulation (1) or (2) is an
offence of strict liability.
137.185 Take‑off
over a populous area
(1) The pilot in command of an aeroplane engaged in an
application operation may commence a take off over a populous area only if the
aeroplane’s performance will allow it to be 200 feet or more AGL when it
crosses the aerodrome boundary and climbing at 200 feet or more per minute.
Penalty: 50 penalty units.
(2) A contravention of subregulation (1) is an offence
of strict liability.
Subpart 137.J Weight and balance
137.190 Weight limitations
(1) The pilot in command
of an aeroplane engaged in an application operation must not commence a take‑off
if the aeroplane’s gross weight exceeds:
(a) the maximum gross weight shown in the
aeroplane’s flight manual; or
(b) any maximum gross weight that:
(i) has been established for that type
of aeroplane by a flight test supervised by CASA; and
(ii) is shown on a placard, approved by
CASA and displayed in the aeroplane’s cockpit; or
(c) the maximum gross weight shown on the type
certificate, or type certificate data sheet, that is issued for the aeroplane
by the NAA of the State of Design (within the meaning given in Annex 8 to the
Chicago Convention) of the aeroplane.
Penalty: 50 penalty units.
(2) The pilot must calculate the take‑off weight by a
method that includes calculating the weight of:
(a) the crew and any equipment carried; and
(b) the aeroplane’s fuel and load.
Penalty: 50 penalty units.
(3) The operator of the aeroplane must not specify a
minimum load to be carried by the aeroplane that is greater than the load that
the pilot reasonably considers to be safe.
Penalty: 50 penalty units.
(4) A contravention of subregulation (1), (2) or (3) is
an offence of strict liability.
137.195 Loading —
supervision
(1) The pilot in command of an aeroplane to be used in
an application operation must:
(a) supervise the loading of the aeroplane; and
(b) not commence the operation unless the load is
placed in a way that is consistent with the data used for the calculation of
the aeroplane’s weight and balance.
Penalty: 25 penalty units.
(2) A contravention of subregulation (1) is an offence
of strict liability.
Subpart 137.K Instruments and equipment
137.200 Installation
of instruments and equipment
(1) Subject to subregulation (3), the operator of an
aeroplane that is to be used in an application operation must ensure that
instruments and items of equipment, other than role equipment, used in the
aeroplane are:
(a) other than items mentioned in subregulation (3) —
approved; and
(b) properly installed so they are fit for their
purpose, and do not interfere with the operation of any other equipment; and
(c) except as
provided in the applicable MEL — serviceable.
Penalty: 50 penalty units.
(2) For paragraph (1) (b), an instrument or
equipment is properly installed if it is:
(a) installed by a person who has been trained
to do so; and
(b) installed so as to meet the performance
standards and the operational and airworthiness requirements that apply to the
instrument or item of equipment under these Regulations.
Note Instruments and equipment may be
approved under an ATSO or TSO, unless CASA approves different performance
standards: see regulation 21.305 and Subpart 21.O.
(3) The following items are not required to be
approved:
(a) electric torch;
(b) timepiece;
(c) a GPS marking system;
(d) chart holder;
(e) first‑aid kit;
(f) survival and pyrotechnic signalling
equipment.
(4) A contravention of subregulation (1) is an offence
of strict liability.
137.210 Position
of instruments and equipment
(1) The operator of an aeroplane must not allow the
aeroplane to be used in an application operation unless:
(a) equipment on the aeroplane that is operated
during flight by only 1 crew member is installed so that it can readily be
operated from the member’s station; and
(b) an instrument that need only be read by 1
crew member is installed:
(i) so the crew member can easily read
the instrument from his or her station; and
(ii) as
close as practicable to the crew member’s line of vision in the direction of
the flight path.
Penalty: 50 penalty units.
(2) A contravention of subregulation (1) is an offence
of strict liability.
137.215 Instruments
and equipment required
(1) The operator of an aeroplane must not allow the
aeroplane to engage in an application operation unless it is fitted with the
equipment mentioned in each item of Table 137.215‑1.
Penalty: 50 penalty units.
Table 137.215‑1 Equipment for all
application operations
|
Item
|
Equipment
|
|
1
|
A magnetic compass
|
|
2
|
A timepiece showing the time in hours, minutes and seconds
(unless the pilot in command carries such a timepiece)
|
|
3
|
A sensitive pressure altimeter that:
(a) reads in feet; and
(b) has a sub‑scale setting, calibrated in hectopascals,
that can be set to any barometric pressure that may occur during flight
|
|
4
|
An airspeed indicator calibrated in knots
|
|
5
|
A slip indicator
|
|
6
|
An outside air temperature indicator calibrated in degrees
Celsius
|
|
7
|
If the aeroplane is equipped with radio — a headset,
whether or not built into a helmet, with a boom microphone or an equivalent
microphone
|
|
8
|
Any other instruments and equipment required to be fitted
for type certification.
|
(2) The operator must not allow the aeroplane to engage
in an application operation at night
unless it is fitted with the equipment mentioned in each item of Table 137.215‑2.
Penalty: 50 penalty units.
Table 137.215‑2 Equipment for night
application operations
|
Item
|
Equipment
|
|
1
|
At least 2 serviceable work lights that are suitable for
the operation, installed so as to minimise glare in the cockpit
|
|
2
|
Navigation lights
|
|
3
|
An approved anti‑collision lighting system
|
|
4
|
A system of cockpit lighting that is appropriate to the
operation
|
|
5
|
Either:
(a) a turn indicator; or
(b) an attitude indicator that provides pitch and roll
information at all attitudes
|
(3) A contravention of subregulation (1) or (2) is an
offence of strict liability.
137.220 Crew
intercom system
(1) The operator of an aeroplane that requires a crew
of more than 1 person must not allow it to engage in an application
operation unless it is equipped with an intercom system that:
(a) can be used by all members of the crew; and
(b) includes headsets, whether or not built into
a helmet, and microphones that are not of a handheld type.
Penalty: 25 penalty units.
(2) Subregulation (1) does not apply to the operation
if:
(a) the use of any item of intercom equipment
may adversely affect the safety of the operation; and
(b) another appropriate method of communication
between the crew is arranged before the operation commences.
(3) A contravention of subregulation (1) is an offence
of strict liability.
137.225 Seatbelts
and harnesses
(1) This regulation applies to an aeroplane, other than
an aeroplane that has been certified in the normal category.
(2) The operator of the aeroplane must not allow it to
engage in an application operation unless:
(a) the pilot’s seat is equipped with a four‑point
restraint harness with a single point release; and
(b) a harness or seatbelt for any other crew
member is equipped with a single point release.
Penalty: 50 penalty units.
(3) A contravention of subregulation (2) is an offence
of strict liability.
Subpart 137.M Aeroplane maintenance
137.230 Fitting
and removal of role equipment
(1) A person must not fit role equipment to, or remove
role equipment from, an aeroplane that is used in an application operation.
Penalty: 25 penalty units.
(2) Subregulation (1) does not apply to a person
who:
(a) has been trained by an operator, or an approved
person, in the fitting and removal of a kind of role equipment; and
(b) fits or removes equipment of that kind.
(3) A contravention of subregulation (1) is an offence
of strict liability.
Subpart 137.N Pilots
137.235 Qualifications
for pilots conducting application operations
(1) An operator must not allow an aeroplane to be used
for an application operation unless the pilot in command is authorised to do
so.
Penalty: 50 penalty units.
Note The pilot must hold:
(a) a commercial pilot (aeroplane) licence or an air
transport pilot (aeroplane) licence issued under regulation 5.09 of CAR;
and
(b) an agricultural pilot (aeroplane) rating of grade 1 or
2, issued under regulation 5.14 of CAR; and
(c) a single engine aeroplane class endorsement, and any
special design feature endorsement required for the aeroplane, issued under
regulation 5.23 of CAR.
(2) A contravention of subregulation (1) is an offence
of strict liability.
137.240 Annual
proficiency checks
(1) For this regulation, a pilot holds a valid
annual proficiency check if:
(a) he or she has satisfactorily completed a
check that satisfies the criteria in subregulations (3), (4), (5) and (9); and
(b) under subregulations (7) and (8), the check
is valid.
(2) The operator of an aeroplane must not allow it to be
used for an application operation, and the pilot in command of an aeroplane
must not commence an application operation, unless, on the day of the
operation, the pilot holds a valid annual proficiency check.
Penalty: 50 penalty units.
(3) An annual proficiency check for a pilot who is
employed by an operator must be conducted by:
(a) the operator’s head of flight operations; or
(b) a flight examiner or instructor qualified,
under these Regulations, to conduct application operations.
(4) An annual proficiency check for any other pilot
(including an operator’s head of flight operations) must be conducted by:
(a) an examiner or instructor mentioned in
paragraph (3) (b); or
(b) a person who is entitled to conduct an
aeroplane flight review for regulation 5.108 of CAR.
(5) Despite subregulations (3) and (4), an annual
proficiency check for a pilot who, in the 12 months immediately before the
check, has completed less than 50 hours flight time in application
operations must be conducted by an examiner or instructor mentioned in
paragraph (3) (b).
(6) A synthetic flight trainer may be used for a check,
or part of a check, if CASA approves its use for the purpose.
(7) A check is valid for 12 months from the day on which
the check is completed.
(8) However, if the check is completed less than 3
months before the day on which the check would otherwise expire (the expiry
day), the check is valid for 12 months commencing at the end of the
expiry day.
(9) To complete an annual proficiency check the pilot
must demonstrate that he or she is familiar with the systems, the normal and
emergency flight manoeuvres, performance, fuel consumption rates, and weight
and balance requirements for an aeroplane that he or she flies.
Note A check of a pilot of a single seat
aeroplane may be conducted by observation from the ground and may include
review of GPS data logs, job planning and post flight records.
(10) A pilot that satisfactorily completes an annual
proficiency check under this regulation is taken to have satisfactorily
completed an aeroplane flight review for regulation 5.108 of CAR.
(11) A contravention of subregulation (2) is an offence of
strict liability.
Subpart 137.P Manuals, logs and records
137.245 Flight
manual
(1) An operator must maintain a current aircraft flight
manual, or another approved document, for each aeroplane used by the operator
for application operations.
Penalty: 25 penalty units.
(2) A contravention of subregulation (1) is an offence
of strict liability.
137.250 Checking
records
(1) An operator must:
(a) make a record of the checking that is:
(i) required, under Subpart 137.N, for
each pilot employed by the operator; and
(ii) completed by each pilot; and
(b) allow each pilot to examine and copy the
records that relate to him or her.
Penalty: 10 penalty units.
(2) A contravention of subregulation (1) is an offence
of strict liability.
Note Records made for this regulation
must be retained: see regulation 137.255.
137.255 Document
retention periods
(1) The operator of an aeroplane that is used for
application operations must keep an aircraft maintenance record relating to the
aeroplane (including a record of the time in service of each component for
which that information is kept):
(a) for at least 90 days after the
aeroplane concerned is in a condition that prevents it being flown in the
future; and
(b) in a form that
is suitable for, and allows access to, the information.
Penalty: 50 penalty units.
(2) The operator of an aeroplane must keep each record
mentioned in column 2 of an item in Table 137.255:
(a) for at least the period mentioned in column
3 of the item; and
(b) in a form that is suitable for, and allows
access to, the information.
Penalty: 25 penalty units.
(3) A contravention of subregulation (1) or (2) is an
offence of strict liability.
Table 137.255
|
Item
|
Record
|
Period
|
|
1
|
A copy of the following that relates to each pilot
employed by the operator:
(a) medical certificate;
(b) licence;
(c) any rating, endorsement or approval that is
relevant to the pilot’s employment by the operator
|
Until the pilot ceases to be employed as a pilot by the
operator
|
|
2
|
The 2 most recent records of any training undertaken by a
pilot employed by the operator if:
(a) the training is required under the operations
manual; and
(b) the record is not retained for item 2
|
Until the pilot ceases to be employed as a pilot by the
operator
|
|
3
|
A report about an event relating to the safety of an
application operation made by a pilot employed by the operator
|
90 days from the day on which it is made
|
|
4
|
Pilot flight, duty and rest
times
|
15 months from the day of
the most recent entry in the document
|
|
5
|
Pilot conversion training
|
36 months from the day of the most recent entry in the
document
|
|
6
|
Pilot recurrent training and annual proficiency check for
Subpart 137.N
|
36 months from the day of the most recent entry in the
document
|
137.260 Maintenance
record to be given to new operator
(1) A person that ceases to be the operator of an
aeroplane that is used for application operations must, if another person
becomes the operator, give the aeroplane’s aircraft maintenance record, or a
copy of the record, to the other person.
Penalty: 25 penalty units.
(2) A contravention of subregulation (1) is an offence
of strict liability.
Subpart 137.Q Flight duty time limitations and rest requirements
137.265 Application
of Subpart 137.Q
This Subpart sets out requirements about duty and
rest times for a pilot who conducts application operations.
137.270 Subpart
not to affect subsection 1 of CAO 48.1
This Subpart does not affect the operation of
subsection 1 of Civil Aviation Order 48.1.
137.275 Limit
on flying hours
(1) The pilot must not fly more than:
(a) 1 200 hours in 365 consecutive days; or
(b) 170 hours in 28 consecutive days.
Penalty: 25 penalty units.
(2) A contravention of subregulation (1) is an offence
of strict liability.
137.280 Off‑duty
period before and after tour of duty
(1) Subject to subregulations (2) and (3), the pilot
must not undertake duties relating to his or her employment by an operator,
including being on call or planning less than:
(a) 8 hours before commencing a tour of
duty; or
(b) 8 hours after completing a tour of duty of 10
hours or less; or
(c) 10 hours after completing a tour of
duty of more than 10 hours.
Penalty: 25 penalty units.
(2) No less than 8 hours after completing a tour of duty
of more than 10 hours, the pilot may choose to recommence duty up to 1 hour
earlier than the time required under paragraph (1) (c) if the pilot believes
he or she is mentally and physically able to do so.
(3) The pilot must not recommence duty under
subregulation (2) if, in doing so, he or she would be in breach of regulation
137.275, 137.285, 137.290, 137.295 or 137.300.
(4) A contravention of subregulation (1) is an offence
of strict liability.
137.285 Tour
of duty — duration
(1) The pilot must not undertake, and a person must not
require the pilot to undertake, a tour of duty that exceeds 14 hours.
Penalty: 25 penalty units.
(2) However, the pilot may extend a tour of duty in
accordance with subregulation (3), (4) or (5) if:
(a) the pilot reasonably believes he or she is
mentally and physically able to do so; and
(c) in doing so, the pilot would not be in
breach of regulation 137.275, 137.280, 137.290, 137.295 or 137.300.
(3) After the pilot has completed 14 hours of a tour of
duty, he or she may extend the tour of duty by no more than 1 hour.
(4) If, during a tour of duty, the pilot has had 3 or
more consecutive hours of resting time, the pilot may extend the tour of
duty by no more than the lesser of the following:
(a) 50% of the duration of the resting time;
(b) 2 hours.
(5) If, during a tour of duty, the pilot has had 2 or
more consecutive hours of sleeping time, the pilot may extend the tour of
duty by no more than the lesser of the following:
(a) the duration of the sleeping time;
(b) 3 hours.
(6) A contravention of subregulation (1) is an offence
of strict liability.
137.290 Off‑duty
period each 14 days
(1) In any 14 consecutive days the pilot must have
a continuous period of at least 36 hours during which he or she carries
out no duties for an operator.
Penalty: 25 penalty units.
(2) A person must not require the pilot to contravene
subregulation (1).
Penalty: 25 penalty units.
(3) A contravention of subregulation (1) or (2) is an
offence of strict liability.
137.295 Limit
on time spent on tours of duty
(1) The pilot must not spend more than:
(a) 44 hours on tours of duty in any 3
consecutive days; or
(b) 98 hours on tours of duty in any 7
consecutive days.
Penalty: 25 penalty units.
(2) However, if:
(a) the pilot has 1 or more periods of resting
time during any of the days mentioned in subregulation (1); and
(b) each period is 6 or more continuous hours;
the maximum amount of time for the subregulation is increased by
50% of the duration of the resting time (or the total of those resting times).
(3) Despite subregulation (2), the maximum time for
subregulation (1) is not increased if, in doing so, the pilot would be in
breach of regulation 137.275, 137.280, 137.285, 137.290 or 137.300.
(4) A person must not require the pilot to contravene
subregulation (1).
Penalty: 25 penalty units.
(5) A contravention of subregulation (1) or (4) is an
offence of strict liability.
137.300 Pilot
to be fit for duty
(1) The pilot must not commence an application operation
if he or she is not fit for duty.
Penalty: 25 penalty units.
(2) The operator of an aeroplane to be used in an
application operation must not allow the pilot to commence the operation if the
operator has reason to believe that the pilot is not fit for
duty.
Penalty: 25 penalty units.
(3) For subregulations (1) and (2), a pilot is not
fit for duty if, for example:
(a) he or she has not had adequate rest, food or
drink; or
(b) he or she is adversely affected by a medical
condition or a psychoactive substance.
Note The expression psychoactive
substances refers to alcohol, drugs and volatile solvents, but not
coffee and tobacco: see clause 60 of Part 2 of the Dictionary.
(4) In paragraph (3) (b):
medical includes psychological and
psychiatric.
(5) A contravention of subregulation (1) or (2) is an
offence of strict liability.
Part 138 Search and rescue operations
Note This Part heading is reserved for future
use.