Document ID: chunk:federal_register_of_legislation:F2018L01121:reg:33
Version: federal_register_of_legislation:F2018L01121
Segment Type: reg
Provision Reference: reg 33
Character Range: 38863–40395

33  Conduct of tests—general
 (1) This section is made for the purposes of paragraphs 40J(1)(aa) and 40P(1)(e) of the Act, in relation to the conduct of breath tests, blood tests and prohibited drug tests under sections 40M and 40N of the Act or under a direction given under section 11 of this instrument.
 (2) An authorised person who is authorised to conduct such tests must do so:
 (a) in a respectful manner; and
 (b) in circumstances affording reasonable privacy to the AFP appointee directed to undergo the test or to provide a body sample (including a blood sample) for the test.
 (3) A test must not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the test and must not involve:
 (a) removal of more clothing or accoutrements than is necessary for the conduct of the test; or
 (b) more visual inspection than is necessary for the conduct of the test.
 (4) If practicable, a test must be conducted by a person of the same sex as the AFP appointee directed to undergo the test.
 (5) If an AFP appointee is required to provide a sample of hair for the purpose of a prohibited drug test, an authorised person collecting the sample:
 (a) must use the least painful technique known and available to the authorised person to collect the sample; and
 (b) must collect only the amount of hair necessary for the conduct of the test; and
 (c) may collect the sample from any part of the body of the AFP appointee, other than:
 (i) the genital or anal area; or
 (ii) the buttocks.