Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:13:p45
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 13 (pt 45/76)
Character Range: 2158818–2161544

of drug or alcohol testing.
 (4) An offence against subregulation (1) or (2) is an offence of strict liability.
Subpart 99.C—Drug and alcohol testing by CASA

Division 99.C.1—Preliminary

99.110  Purposes of Subpart
 (1) This Subpart provides for drug and alcohol testing by CASA.
 (2) The Subpart sets out the following matters:
 (a) who may be tested (Subdivision 99.C.1.1);
 (b) certain powers of approved testers (Subdivision 99.C.1.2);
 (c) approved drug testing devices and breathalysers (Subdivision 99.C.1.3);
 (d) the conduct of initial drug tests and confirmatory drug tests (Division 99.C.2);
 (e) the conduct of initial alcohol tests and confirmatory alcohol tests (Division 99.C.3).

Subdivision 99.C.1.1—Who may be drug or alcohol tested

99.115  Who may be drug or alcohol tested
 (1) An approved tester may require a body sample for the purposes of a drug or alcohol test under this Subpart from a person who is performing or available to perform an applicable SSAA.
 (2) However, an approved tester must not, for drug or alcohol testing under this Subpart, require a body sample from a passenger.

99.120  Body samples may only be taken if person consents
  An approved tester is not authorised to use force to take a body sample from a person.

Subdivision 99.C.1.2—Powers of approved testers

99.125  Powers of approved testers
 (1) In addition to any other powers set out in this Part, an approved tester has the powers specified in subregulation (2) in respect of taking a body sample from a donor for the following purposes:
 (a) conducting an initial drug test;
 (b) conducting an initial alcohol test or a confirmatory alcohol test (an alcohol test).

 (2) For subregulation (1), the powers are the following:
 (a) the approved tester may require the donor to:
 (i) produce identification of the kind mentioned in subregulation (3) to the tester; and
 (ii) inform the tester of the donor's date of birth, address and telephone number;
 (b) the tester may require from the donor's employer the donor's name, date of birth, address and telephone number if:
 (i) on being required to produce identification, the donor is unable to produce identification of a kind set out in subregulation (3) to the tester; and
 (ii) the donor's employer is a DAMP organisation or a DAMP contractor;
 (c) the tester may require the donor to give a body sample for the drug or alcohol test;
 (d) the tester may require the donor to stop performing, or stop being available to perform, an applicable SSAA, for the time it takes to take a body sample for testing and to conduct an initial drug test or alcohol test on the sample;
 (e) the tester may require the donor to remain in the tester's presence for the time it takes