Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:13:p64
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 13 (pt 64/76)
Character Range: 2204964–2207699

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 the period specified in subregulation 99.215(2) and returns a result that is not positive.
 (3) Subregulation (1) applies to create an offence in respect only of the applicable SSAA that the person was performing or available to perform at the time that the body sample for the initial drug test was taken.
 (4) An offence against subregulation (1) is an offence of strict liability.

99.375  Performing applicable SSAA while showing positive result for a confirmatory alcohol test
 (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 alcohol test under Subpart 99.C; and
 (b) the person gives a body sample for a confirmatory alcohol test in respect of the initial alcohol test; and
 (c) the result of the confirmatory alcohol test is a positive result.
Penalty: 50 penalty units.
Note: Regulation 99.260 deals with how you determine the results of alcohol tests.
 (2) Subregulation (1) applies to create an offence in respect only of the applicable SSAA that the person was performing or available to perform at the time that the body sample for the initial alcohol test was taken.
 (3) An offence against subregulation (1) is an offence of strict liability.

Subdivision 99.E.2.3—Offences relating to returning to SSAAs after positive test result

99.380  Continuing to perform applicable SSAA after having confirmatory drug test
 (1) This regulation applies if:
 (a) a person is performing or available to perform an applicable SSAA; and
 (b) the person receives an initial drug test; and
 (c) the initial drug test result 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 is a positive result.
 (2) The person must not again perform or be available to perform an applicable SSAA until all of the following have occurred:
 (a) the person has undergone a comprehensive assessment;
 (b) if the comprehensive assessment recommended the person commence a drug or alcohol intervention program—the person has begun participating in a nominated drug or alcohol intervention program;
 (c) the person is considered fit to resume performing, or being available to perform, an applicable SSAA by:
 (i) if the person is an employee of a DAMP and the DAMP was notified of the test result for the confirmatory drug test by CASA—a DAMP