Document ID: chunk:federal_register_of_legislation:F2018L01121:reg:35
Version: federal_register_of_legislation:F2018L01121
Segment Type: reg
Provision Reference: reg 35
Character Range: 43475–45100

35  Security and destruction of test results etc. relating to body samples
 (1) This section is made for the purposes of paragraph 40P(1)(j) of the Act in relation to a record that is relevant to a test conducted on a body sample for the purposes of section 40LA, 40M or 40N of the Act, or section 11 of this instrument, including a test result in relation to a test of the body sample.
 (2) The record must be kept in a secure location until it is destroyed in accordance with this section.
 (3) The record must (subject to subsection (4)) be destroyed if:
 (a) the test of the relevant body sample did not indicate the presence of alcohol or a prohibited drug; and
 (b) the AFP appointee who provided the body sample ceases, for any reason, to be an AFP appointee.
The record must be destroyed as soon as practicable after the AFP appointee who provided the body sample ceases to be an AFP appointee (whether paragraph (a) or (b) of this subsection applies).
 (4) Despite subsection (3), the record need not be destroyed if:
 (a) it relates to any of the following:
 (i) the detection of alcohol or a prohibited drug;
 (ii) the name of any prohibited drug detected;
 (iii) the quantity of any alcohol or prohibited drug detected;
 (iv) how a body sample was provided or analysed;
 (v) whether a urine sample was provided, or analysed, in accordance with the standard mentioned in subsection 47(2); and
 (b) it is used for compiling a statistical database; and
 (c) it does not include information that may be used to identify the AFP appointee who provided the body sample to which the test results and the record relate.