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counselling and rehabilitation, of persons covered by such plans);
(d) the submission of such plans to CASA for approval;
(e) the assessment and approval by CASA of such plans;
(f) the period such plans are to be in force;
(g) the amendment of such plans;
(h) the records to be maintained by persons required to develop such
plans;
(i) the obtaining of information or records from persons required to
develop such plans.
36 Drug or alcohol tests
(1) Regulations made for the purposes of subsection 34(2) may make
provision for and in relation to any one or more of the following:
(a) the persons who may be required to provide a body sample for a drug
or alcohol test;
(b) the persons who may require the persons covered by paragraph (a) to
provide a body sample for a drug or alcohol test;
(c) the conduct of random drug or alcohol tests and the other
circumstances in which drug or alcohol tests may be conducted;
(d) the provision of body samples for drug or alcohol tests (including the
persons or bodies authorised to take body samples);
(e) the persons or bodies authorised to conduct drug or alcohol tests;
(f) if a drug or alcohol test of a body sample of a person reveals the
presence of alcohol or a testable drug in the sample but not the level
of alcohol or the testable drug—the conduct of a further drug or
alcohol test of the same body sample, or another body sample of the
person, to determine the presence (if any), and the level, of alcohol or
a testable drug in that sample;
(g) the manner of conducting drug or alcohol tests;
(h) the devices used in conducting drug or alcohol tests, including the
calibration, inspection and testing of those devices;
Civil Aviation Act 1988 72C
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 4 – August 2007 Civil Aviation Safety Authority
(i) the procedure for the handling and analysis of body samples taken in
connection with drug or alcohol tests;
(j) the notification of test results to the person tested and to CASA;
(k) the other persons to whom test results may be notified;
(l) the use and disclosure of test results;
(m) the giving of test results in certificates or other documents and the
evidentiary effect of such certificates or other documents;
(n) a person ceasing to perform safety-sensitive aviation activities if a
drug or alcohol test in respect of the person returns a positive test
result and the conditions the person must satisfy before resuming
such activities;
(o) a person ceasing to perform safety-sensitive aviation activities if the
person refuses to provide a body sample for a drug or alcohol test
when required to do so in accordance with the regulations and the
conditions the person must satisfy before resuming such activities.
(2) For the purposes of paragraph (1) (d), the regulations may provide that a
person or body is authorised to take body samples if the person or body:
(a) has been accredited by a specified person or body; or
(b) has been approved by CASA to take body samples for the purposes
of this Part; or
(c) is included in a class of persons or bodies approved by CASA to take
body samples for the purposes of this Part.
(3) For the purposes of paragraph (1) (e), the regulations may provide that a
person or body is authorised to conduct drug or alcohol tests if the person
or body:
(a) has been accredited by a specified person or body; or
(b) has been approved by CASA to conduct drug or alcohol tests for the
purposes of this Part; or
(c) is included in a class of persons or bodies approved by CASA to
conduct drug or alcohol tests for the purposes of this Part.
Admissibility of test results etc. in legal proceedings
(4) The following:
(a) a certificate or other document recording the results of a drug or
alcohol test conducted in respect of a person;
(b) any other information, answer to a question or document relevant to
conducting such a test;
are not admissible in evidence against the person in any proceedings
other than:
(c) proceedings under this Act or the regulations; or
(d) proceedings prescribed by the regulations for the purposes of this
paragraph.
72D Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 4 – August 2007 Civil Aviation Safety Authority
37 Conferral of administrative powers
(1) Regulations made for the purposes of subsection 34 (1) or (2) may make
provision with respect to a matter by conferring on a person a power to
make a decision of an administrative character.
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