19. Prohibition of use of psychoactive substances

A person must not perform any duty or function in the capacity of a flight dispatcher, or any personnel involved in preparation or conduct of a flight involving a relevant aircraft if the person is under the influence of any psychoactive substance which may render the person unable to perform such duty or function in a safe and proper manner.

A person must not perform any duty or function in the capacity of a pilot if —

at any time during the person’s flight duty period —

there is more than 0.02 grams of ethanol in 210 litres of the person’s breath; or

the person is under the influence of any psychoactive substance to such extent as to be incapable of performing that duty or function in a safe and proper manner; or

the person has, at any time in the period of 8 hours before the start of the person’s flight duty period, consumed —

any food or drink or other substance that contains any form of ethanol; or

any psychoactive substance.

A person who fails to comply with paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction —

for a first offence, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; and

for a second or subsequent offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.

For the purposes of this regulation, a reference to a person who is under the influence of any psychoactive substance which may render the person unable to perform a duty or function in a safe and proper manner, includes a reference to a person who engages in the use of one or more psychoactive substances in a way that —

constitutes a direct hazard to the person or endangers the lives, health or welfare of others; or

causes or worsens an occupational, social, mental or physical problem or disorder suffered by the person.

A person must not perform any duty or function in the capacity of a flight dispatcher, or any personnel involved in preparation or conduct of a flight involving a relevant aircraft if the person is under the influence of any psychoactive substance which may render the person unable to perform such duty or function in a safe and proper manner.

A person must not perform any duty or function in the capacity of a pilot if —

at any time during the person’s flight duty period —

there is more than 0.02 grams of ethanol in 210 litres of the person’s breath; or

the person is under the influence of any psychoactive substance to such extent as to be incapable of performing that duty or function in a safe and proper manner; or

the person has, at any time in the period of 8 hours before the start of the person’s flight duty period, consumed —

any food or drink or other substance that contains any form of ethanol; or

any psychoactive substance.

A person who fails to comply with paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction —

for a first offence, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; and

for a second or subsequent offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.

For the purposes of this regulation, a reference to a person who is under the influence of any psychoactive substance which may render the person unable to perform a duty or function in a safe and proper manner, includes a reference to a person who engages in the use of one or more psychoactive substances in a way that —

constitutes a direct hazard to the person or endangers the lives, health or welfare of others; or

causes or worsens an occupational, social, mental or physical problem or disorder suffered by the person.