Document ID: chunk:federal_register_of_legislation:C2005A00026:clause:1_100
Version: federal_register_of_legislation:C2005A00026
Segment Type: clause
Provision Reference: sch 1 cl 100
Character Range: 6964–8070

100  Notice to be given of a positive test result

 (1) If a prohibited substance test in respect of a person returns a positive test result, the relevant authority in relation to the person must:
 (a) give the person written notice of the positive test result; and
 (b) invite the person to give to the relevant authority a written statement of reasons as to:
 (i) if the person is an officer—why the officer's appointment should not be terminated; or
 (ii) if the person is a defence member other than an officer—why the defence member should not be discharged; or
 (iii) if the person is a defence civilian—why the arrangement under which the person is a defence civilian should not be terminated.

Note: Subsection 98(2) provides that a positive test result is to be disregarded in specified circumstances, so in such circumstances a notice under this section would not be given.

 (2) A notice under subsection (1) must specify a period ending not less than 28 days after the day on which the notice is given as the period within which a statement of reasons must be given to the relevant authority.