Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:13:p61
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 13 (pt 61/76)
Character Range: 2197741–2200289

identification that is issued by a DAMP organisation that contains a photograph of the person and the person's name;
 (c) an ASIC;
 (d) a passport.
 (3) An offence against subregulation (1) is an offence of strict liability.

99.330  Refusing or failing to give a body sample
 (1) A person must not refuse or fail to give a body sample to an approved tester for a drug or alcohol test under Subpart 99.C if:
 (a) the person is performing or available to perform an applicable SSAA; and
 (b) at the time the person is performing or available to perform the applicable SSAA, the person is required to give a body sample for a drug or alcohol test by the approved tester; and
 (c) the approved tester, in requiring and taking or seeking to take the body sample, complies with the requirements of this Part or any legislative instrument made under this Part.
Penalty: 50 penalty units.
 (2) It is a defence to subregulation (1) if a person failed to give a body sample because the person had a medical condition that rendered the person unable to give the body sample.
 (3) An offence against subregulation (1) is an offence of strict liability.

99.335  Continuing to perform applicable SSAA after refusing a drug or alcohol test or failing to give a body sample
 (1) This regulation applies if:
 (a) a person is performing or available to perform an applicable SSAA; and
 (b) the person is required by an approved tester to provide a body sample for a drug or alcohol test under Subpart 99.C; and
 (c) the person:
 (i) refuses to provide a body sample to be tested; or
 (ii) fails to provide a body sample to be tested.
 (2) The person must not again perform or be available to perform an applicable SSAA until the person is drug or alcohol tested under this Part.
Penalty: 50 penalty units.
Note 1: If the person receives a confirmatory drug test and the result is a positive result, the person may be liable to an offence if the person contravenes regulation 99.380.
Note 2: It is an offence for the person to contravene regulation 99.345 or 99.380 in respect of the drug test.
 (3) An offence against subregulation (2) is an offence of strict liability.

99.340  Failing to stop performing an applicable SSAA
 (1) If an approved tester requires a person to stop performing or being available to perform an applicable SSAA 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)