Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:13:p62
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 13 (pt 62/76)
Character Range: 2200072–2202784

time it takes for the tester to take a body sample from the person and conduct a drug or alcohol test under Subpart 99.C on the body sample, the person must comply with the requirement.
Penalty: 50 penalty units.
 (2) An offence against subregulation (1) is an offence of strict liability.

99.345  Failing to remain in approved tester's presence
 (1) If an approved tester requires a person to remain in the tester's presence for the time it takes for the tester to take a body sample from the person and conduct a drug or alcohol test under Subpart 99.C on the body sample, the person must comply with the requirement.
Penalty: 50 penalty units.
 (2) An offence against subregulation (1) is an offence of strict liability.

99.350  Person must not interfere with integrity of body sample
 (1) If a person is giving, or has given, a body sample for a drug or alcohol test under this Part, a person must not interfere with the integrity of that sample.
Penalty: 50 penalty units.
 (2) An offence against subregulation (1) is an offence of strict liability.

Subdivision 99.E.2.2—Offences occurring after positive test result

99.355  Continuing to perform applicable SSAA between having initial drug test and 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 result of the initial drug test is a positive result; and
 (d) the person's body sample in respect of the initial drug test is being subjected to confirmatory drug testing by an approved laboratory.
 (2) The person must not again perform or become available to perform an applicable SSAA until the person has received a confirmatory drug test in respect of the initial drug test.
Penalty: 50 penalty units
Note: Regulation 99.360 provides an offence for performing or being available to perform an applicable SSAA after a confirmatory drug test has been given and before the results of that confirmatory drug test are returned.
 (3) An offence against subregulation (2) is an offence of strict liability.
 (4) It is not an offence against subregulation (2) for a person to perform or become available to perform an applicable SSAA if the person's body sample cannot be subjected to confirmatory drug testing by an approved laboratory.

99.360  Continuing to perform applicable SSAA after having confirmatory drug test and before result returned
 (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 result of the initial drug test is a positive result; and
 (d) the person receives a confirmatory