CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.400 Drug or alcohol test information given or required by CASA

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.400

  (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.