Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:13:p63
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 13 (pt 63/76)
Character Range: 2202556–2205201

a person is performing or available to perform an applicable SSAA; and
 (b) the person receives an initial drug test; and
 (c) the result of the initial drug test is a positive result; and
 (d) the person receives a confirmatory drug test in respect of the initial drug test; and
 (e) the test result for the confirmatory drug test has not been returned to the person.
 (2) The person must not again perform or be available to perform an applicable SSAA until the result of the confirmatory drug test has been returned to the person.
Penalty: 50 penalty units.
Note: If the returned test result is a positive result, then the person may be liable to an offence if the person contravenes regulation 99.380.
 (3) An offence against subregulation (2) is an offence of strict liability.
 (4) It is not an offence against subregulation (2) for a person to perform or become available to perform an applicable SSAA if a test result for the confirmatory drug test cannot be returned to the person because it was not possible to conduct the confirmatory drug test.

99.365  Continuing to perform applicable SSAA before confirmatory alcohol test result returned
 (1) This regulation applies if:
 (a) a person is performing or available to perform an applicable SSAA; and
 (b) the person receives an initial alcohol test; and
 (c) the initial alcohol test result is a positive result.
 (2) The person must not again perform or be available to perform an applicable SSAA until the person has:
 (a) received a confirmatory alcohol test in respect of the initial alcohol test; and
 (b) the test result for the confirmatory alcohol test has been returned to the person.
Penalty: 50 penalty units
Note: If the returned test result is a positive result, then the person may be liable to an offence if the person contravenes regulation 99.385.
 (3) An offence against subregulation (2) is an offence of strict liability.

99.370  Performing applicable SSAA showing positive result for testable drug
 (1) A person must not perform or be available to perform an applicable SSAA if:
 (a) while the person is performing or available to perform an applicable SSAA, the person gives a body sample for an initial drug test under Subpart 99.C; and
 (b) a confirmatory drug test in respect of the initial drug test is conducted on Sample A of the person's body sample; and
 (c) the result of the confirmatory drug test on Sample A is a positive result.
Penalty: 50 penalty units.
Note: Regulation 99.230 deals with how you determine the results of confirmatory drug tests.
 (2) It is a defence to subregulation (1) if Sample B of the person's body sample is tested within