Document ID: chunk:federal_register_of_legislation:F2018L01121:reg:34:p1
Version: federal_register_of_legislation:F2018L01121
Segment Type: reg
Provision Reference: reg 34 (pt 1/2)
Character Range: 40395–43179

34  Security and destruction of body samples
 (1) This section is made for the purposes of paragraph 40P(1)(h) of the Act in relation to:
 (a) the handling of body samples (including samples of blood) provided by an AFP appointee (the subject) in connection with blood tests and prohibited drug tests conducted under section 40M or 40N of the Act; and
 (b) a body sample provided by an AFP employee (the subject) under section 11 of this instrument.

Keeping body samples
 (2) The body sample must be kept in a secure location until it is destroyed in accordance with this section.

Destruction of body samples
 (3) A subject's body sample that has been analysed must (subject to subsections (4) and (5)) be destroyed:
 (a) if the body sample indicates the presence of alcohol or a prohibited drug—before the end of 3 years after the test was conducted; or
 (b) otherwise—as soon as practicable, and no later than 6 months, after the test was conducted.
 (4) However, if the subject's body sample is of a kind mentioned in paragraph (3)(a), it need not be destroyed if the Commissioner determines, in writing, that it should be retained, for any longer period specified in the determination, for the purpose of:
 (a) determining whether the subject (or any other person who is an AFP appointee) has committed an offence or failed to comply with AFP professional standards; or
 (b) assessing the continuing suitability of the subject for employment, appointment, engagement, or determination as an AFP appointee, as applicable; or
 (c) using the sample in any of the following proceedings:
 (i) if the subject is an AFP employee—proceedings relating to a decision of the Commissioner to terminate the employment of the subject;
 (ii) if the subject is a special member—proceedings relating to a decision of the Commissioner to terminate the appointment of the subject as a special member;
 (iii) if the subject is a consultant or independent contractor determined by the Commissioner under section 35 of the Act to be an AFP appointee—proceedings relating to a decision of the Commissioner relating to the engagement of the subject;
 (iv) proceedings under the Safety, Rehabilitation and Compensation Act 1988 or any other law of the Commonwealth relating to workers' compensation;
 (v) proceedings in tort against the Commonwealth that are instituted by the subject.
Note: Test results from a body sample of a subject that indicate the presence of alcohol or a prohibited drug may be provided to certain Commonwealth, State and Territory law enforcement, national security or anti‑corruption bodies for the purposes of security and character clearances and for intelligence gathering in relation to criminal activities (see subsection 36(3)).
 (5) A body sample that is retained for a