Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:13:p65
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 13 (pt 65/76)
Character Range: 2207485–2210215

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 medical review officer; or
 (ii) in any other case—a CASA medical review officer;
 (d) the person is considered fit to resume performing, or being available to perform, an applicable SSAA by the person's treating clinician, if any;
 (e) at the time the person was considered fit under paragraphs (c) and (d), the person receives a confirmatory drug test and records, for the test, a result that was not a positive result.
Penalty: 50 penalty units.
Note: Regulation 99.230 deals with test results for body samples that are drug tested.
 (3) An offence against subregulation (2) is an offence of strict liability.

99.385  Continuing to perform applicable SSAA after confirmatory alcohol test
 (1) This regulation applies if:
 (a) a person was performing or available to perform an applicable SSAA; and
 (b) the person has had an initial alcohol test; and
 (c) the test result for the initial alcohol test was a positive result; and
 (d) the person has had a confirmatory alcohol test in respect of the initial alcohol test; and
 (e) the test result for the confirmatory alcohol test was again a positive result.
 (2) The person must not again perform or become 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 alcohol test by CASA—a DAMP medical review officer; or
 (ii) in any other case—a CASA medical review officer;
 (d) the person is considered fit to resume performing, or being available to perform, an applicable SSAA by the person's treating clinician, if any.
Penalty: 50 penalty units.
Note: Regulation 99.260 deals with test results for body samples that are alcohol tested.
 (3) An offence against subregulation (2) is an offence of strict liability.

Division 99.E.3—CASA medical review officers

99.390  CASA medical review officers
 (1) CASA may, in writing, appoint a person entitled to practice as a medical practitioner under a law of a State or Territory to be a CASA medical review officer for the purposes of Subpart 99.C.
 (2) A CASA medical review officer must review:
 (a) a positive