Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:13:p36
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 13 (pt 36/76)
Character Range: 2136173–2138833

the requirements of this Part, including the following:
 (a) requirements relating to the taking of a body sample for the test;
 (b) requirements relating to the dealing with the body sample by the approved tester who took the sample;
 (c) requirements relating to the storage of the body sample (if applicable);
 (d) requirements relating to the conduct of the drug or alcohol test;
 (e) requirements relating to the giving of notice in respect of a positive result;
 (f) a requirement that a person must not interfere with the integrity of a body sample.
 (2) For subregulation (1), there is taken to be substantial compliance with the requirements of this Part in relation to a drug or alcohol test that results in a test result if there is no reasonable doubt as to the accuracy of the test result even though one or more of the requirements of this Part may not have been strictly complied with in relation to that drug or alcohol test.
Example: If an approved tester fails to initial a specimen tube containing a part of a body sample that is to be the subject of a confirmatory drug test, the test result is likely to be one that resulted from substantial compliance with the requirements of this Part as there will be no reasonable doubt as to the accuracy of the test result. However, if a person interferes with the integrity of a body sample, the test result for that sample is unlikely to be one that resulted from substantial compliance with the requirements of this Part as there will be a reasonable doubt as to the accuracy of the test result.
 (3) In this regulation, the requirements of this Part include the following:
 (a) the requirements of any legislative instruments made under this Part;
 (b) a relevant Standard.
Subpart 99.B—Drug and alcohol management plans

Division 99.B.1—Purposes of Subpart

99.025  Purposes of Subpart
  This Subpart provides for the following:
 (a) the persons required to have a DAMP;
 (b) the matters required to be included in a DAMP;
 (c) the implementation of a DAMP;
 (d) requirements associated with a DAMP;
 (e) offences relating to a DAMP.

Division 99.B.2—Persons required to have a DAMP

99.030  Who must develop and maintain a DAMP
 (1) An organisation must develop a DAMP that complies with regulation 99.045 if:
 (a) the organisation:
 (i) has an employee; or
 (ii) has a contractor (including the employee of, or a subcontractor for, the contractor);
  who performs or is available to perform a SSAA; and
 (b) the organisation is listed in subregulation (2).
Penalty: 50 penalty units.
 (2) For paragraph (1)(b), the organisations are as follows:
 (a) an AOC holder;
 (b) a person issued with a