Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:13:p47
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 13 (pt 47/76)
Character Range: 2163881–2166393

of obtaining a body sample for drug testing, an approved tester may require a donor to do any or all of the following:
 (a) swallow or otherwise remove substances from his or her mouth;
 (b) demonstrate to the tester that the donor's mouth is free from foreign substances;
 (c) in the tester's presence, rehydrate by drinking up to 300 ml of water within 15 minutes of being required to do so by the tester.
 (2) If the approved tester has required the donor to drink water, the tester:
 (a) must not take the body sample sooner than the period of 10 minutes after the donor finishes drinking; and
 (b) must take the body sample as soon as practicable after the end of the period referred to in paragraph (a).
 (3) For the purposes of obtaining the body sample, the approved tester may require the donor to:
 (a) abstain from smoking, eating, drinking or chewing for 10 minutes prior to the taking of sample; and
 (b) remain in the tester's presence for that period.

99.160  Initial drug test
  As soon as practicable after the approved tester has taken a body sample from a donor for a drug test, the tester must conduct an initial drug test on the sample.

99.165  If initial drug test result is not positive
  If the result of an initial drug test is not a positive result, the approved tester must, as soon as practicable after the result is returned:
 (a) discard the body sample, or deal with the body sample in such a way that the sample cannot be identified as being given by the donor of it; and
 (b) tell the donor the approved tester's name and allocated number, if requested by the donor.

99.170  If initial drug test result is positive

Further body sample may be taken
 (1) If the result of an initial drug test is a positive result, the approved tester may take a further body sample from the donor for a confirmatory drug test.
 (2) The further body sample, if any, must be taken as soon as practicable after the initial body sample was taken.
 (3) The approved tester may send either the initial body sample or the further body sample for a confirmatory drug test.
 (4) The approved tester must:
 (a) inform the donor which body sample will be used for the confirmatory drug test; and
 (b) discard the body sample that is not being used.

Notice to be given
 (5) If the result of an initial drug test is a positive result, the approved tester must, as soon as practicable:
 (a) give the donor a notice that includes the information specified in subregulation 99.175(1) in respect of the test;