Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 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 alcohol 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.



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