Document ID: chunk:federal_register_of_legislation:F2015L00973:reg:11
Version: federal_register_of_legislation:F2015L00973
Segment Type: reg
Provision Reference: reg 11
Character Range: 16554–18502

11  Alcohol or drug tests—Security and destruction of body samples and other records
 (1) A body sample or other record that is relevant to an alcohol or drug test conducted for section 34, 35 or 36 of the Act must be kept in a secure location unless it is destroyed in accordance with this section.
 (2) A body sample mentioned in subsection (1) must be destroyed:
 (a) if the sample indicates the presence of alcohol or prohibited drugs—no later than 2 years from the day the test was conducted; or
 (b) otherwise—no later than 28 days after the day the test was conducted.
 (3) Any other record mentioned in subsection (1) must be destroyed as soon as practicable after the Immigration and Border Protection worker to whom the record relates ceases, for any reason, to be an Immigration and Border Protection worker.
 (4) Despite subsection (3), information obtained from the analysis of a sample may be retained if the information:
 (a) relates to any of the following:
 (i) the detection of alcohol or prohibited drugs;
 (ii) the name of any prohibited drugs detected;
 (iii) the quantity of any alcohol or prohibited drugs detected;
 (iv) how a urine sample was provided or analysed;
 (v) whether a urine sample was provided, or analysed, in accordance with the standard mentioned in section 20; and
 (b) is used for compiling a statistical database; and
 (c) does not include information that may be used to identify the Immigration and Border Protection worker who provided the sample.
 (5) Despite subsection (3), information obtained from the analysis of a sample may be retained if:
 (a) the information relates to the detection of alcohol or prohibited drugs; and
 (b) the purpose of retaining the information is so that it can be used for the purpose of security vetting of the Immigration and Border Protection worker to whom the record relates (including for any organisational suitability assessments conducted by the Department).