Document ID: chunk:federal_register_of_legislation:C2004A00601:clause:1_40m
Version: federal_register_of_legislation:C2004A00601
Segment Type: clause
Provision Reference: sch 1 cl 40M
Character Range: 43344–44566

40M  General testing of AFP employees or special members for alcohol and prohibited drugs

 (1) A person authorised to do so under the regulations may give an AFP employee, or a special member, who is on duty a written direction requiring him or her:
 (a) to undergo a breath test; or
 (b) to provide a body sample of a kind specified in the direction for a prohibited drug test;
in accordance with the regulations.

Providing blood sample if breath test indicates the presence of alcohol

 (2) If:
 (a) an AFP employee or a special member, in accordance with a direction under subsection (1), undergoes a breath test; and
 (b) the breath test indicates the presence of alcohol;
he or she may provide a sample of his or her blood for the purpose of a blood test, in accordance with the regulations.

Compliance with direction

 (3) An AFP employee or a special member must comply with a direction given to him or her under this section.

Note: The regulations may make provision for the consequences of the employee or member not complying with such a direction. They may also make provision for the consequences of the employee or special member testing positive for alcohol or prohibited drugs. See paragraph 70(i).