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subsection 32AS(3).
72 Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
(2) The only persons who may be present at the examination are:
(a) the person or persons constituting the court, other than the members
of the jury (if any); and
(b) the legal representatives of the parties to the proceedings; and
(c) such other persons (if any) as the court directs.
(3) The court may direct that the CVR information, or any information
obtained from the CVR information, must not:
(a) be published or communicated to any person; or
(b) be published or communicated except in such manner, and to such
persons, as the court specifies.
32AU Where a court makes an order under subsection 32AS (3)
(1) This section applies if CVR information is admitted as evidence under
subsection 32AS (3).
(2) In relation to proceedings against a crew member, the CVR information
is not evidence for the purpose of the determination of the liability in the
proceedings of the crew member.
(3) In relation to any proceedings, the court may direct that the CVR
information or any information obtained from the CVR information, must
not:
(a) be published or communicated to any person; or
(b) be published or communicated except in such manner, and to such
persons, as the court specifies.
Civil Aviation Act 1988 72A
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 4 – August 2007 Civil Aviation Safety Authority
PART IV—DRUG AND ALCOHOL MANAGEMENT PLANS AND TESTING
Division 1 — Definitions
33 Definitions
(1) In this Part:
body sample means any of the following:
(a) any human biological fluid;
(b) any human biological tissue (whether alive or not);
(c) any human breath.
drug or alcohol test means:
(a) a test of a body sample of a person to determine the presence (if any),
but not the level, of alcohol or a testable drug in the sample; or
(b) a test of a body sample of a person to determine the presence (if any),
and the level, of alcohol or a testable drug in the sample.
positive test result, in relation to a drug or alcohol test of a body sample,
means a finding by the person or body who was authorised under the
regulations to conduct the test that the test reveals:
(a) the presence of alcohol or a testable drug in the sample; and
(b) if the test determined the level of alcohol or testable drug in the
sample and a permitted level for alcohol or that drug is specified in
the regulations—that the permitted level has been exceeded.
safety-sensitive aviation activities means activities that impact directly or
indirectly on the safety of:
(a) civil air operations in Australian territory; or
(b) the operation of Australian aircraft outside Australian territory.
testable drug means a drug specified in an instrument under
subsection (2).
(2) The Minister may, by legislative instrument, specify a drug for the
purposes of the definition of testable drug in subsection (1).
Division 2 — Regulations
34 General regulation-making power
Drug and alcohol management plans
(1) The regulations may make provision for and in relation to the
development, implementation and enforcement of drug and alcohol
management plans covering persons who perform, or are available to
perform, safety-sensitive aviation activities.
Drug or alcohol tests
(2) The regulations may make provision for and in relation to drug or alcohol
tests in respect of persons who perform, or are available to perform,
safety-sensitive aviation activities.
72B Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 4 – August 2007 Civil Aviation Safety Authority
Limitation
(3) Regulations must not be made for the purposes of this section unless the
performance of the safety-sensitive aviation activities concerned could be
adversely affected by the use of alcohol or a testable drug by persons who
perform those activities.
35 Drug and alcohol management plans
Regulations made for the purposes of subsection 34(1) may make
provision for and in relation to any one or more of the following:
(a) the persons required to develop a drug and alcohol management plan;
(b) the persons to be covered by such plans;
(c) the content of such plans (including requirements for drug and
alcohol education, for drug or alcohol tests in accordance with a
specified standard, and for drug and alcohol management, treatment,
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