Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:13:p46
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 13 (pt 46/76)
Character Range: 2161340–2164102

it takes to take a body sample for testing and to conduct an initial drug test or alcohol test on the sample;
 (e) the tester may require the donor to remain in the tester's presence for the time it takes to take a body sample and conduct an initial drug test or alcohol test on the sample.
Note: An approved tester may also ask for a body sample for a confirmatory drug test—see regulation 99.170.
 (3) For subregulation (2), the kinds of identification are:
 (a) identification that:
 (i) contains a photograph of the donor and sets out the donor's name, date of birth and address; and
 (ii) was issued by a Commonwealth, State, Territory or local government body; or
 (b) identification that is issued by a DAMP organisation that contains a photograph of the donor and the donor's name; or
 (c) an ASIC; or
 (d) a passport.

Subdivision 99.C.1.3—CASA to approve testing devices

99.130  Approved drug and alcohol testing devices
  For drug and alcohol testing under this Subpart, CASA may by legislative instrument approve the following:
 (a) breathalysers for use in alcohol testing;
 (b) drug testing devices for use in initial drug testing.
Note: All approved breathalysers may be used for an initial alcohol test. Only some approved breathalysers may be used for a confirmatory alcohol test—see regulation 99.250.

Division 99.C.2—Drug testing

Subdivision 99.C.2.1—General

99.135  Which body samples may be drug tested
  An approved tester may only take a sample of a person's oral fluid for drug testing under this Subpart.

99.140  How samples are taken and tested
  An approved tester must take and prepare a body sample for drug testing in accordance with the procedures set out in a legislative instrument made by CASA for the purposes of this regulation.

99.145  Approved drug testing devices to be used for initial drug tests
 (1) If an approved tester is conducting an initial drug test under this Subpart, the tester must use an approved drug testing device to do the test.
 (2) The approved tester must ensure that the device is stored, tested, maintained and operated in accordance with the legislative instrument made by CASA for the purposes of this subregulation.

99.150  Method for determining sample identifiers
  CASA must by legislative instrument specify a method for determining sample identifiers that are to be allocated to body samples that approved testers take under this Subpart and send for confirmatory drug tests.

Subdivision 99.C.2.2—Initial drug tests

99.155  Taking samples
 (1) For the purposes of obtaining a body sample for drug testing, an approved tester may require a donor to do any or all of the following:
 (a) swallow or otherwise remove substances from his or her mouth;
 (b) demonstrate to the tester that