Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.385

  (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.