Document ID: chunk:federal_register_of_legislation:C2024C00078:section:35
Version: federal_register_of_legislation:C2024C00078
Segment Type: section
Provision Reference: s 35
Character Range: 43665–45108

35  Alcohol screening, breath or blood test or prohibited drug test—general
 (1) An authorised person may give an Immigration and Border Protection worker who is in the course of performing his or her duties as an Immigration and Border Protection worker a written direction requiring the worker to do one or more of the following:
 (a) undergo an alcohol screening test;
 (b) undergo an alcohol breath test;
 (c) provide a body sample of a kind specified in the direction for a prohibited drug test.

Blood sample if alcohol breath test indicates presence of alcohol
 (2) If:
 (a) the worker undergoes an alcohol breath test in accordance with a direction under subsection (1); and
 (b) the alcohol breath test indicates the presence of alcohol;
the worker may provide a sample of his or her blood for the purpose of an alcohol blood test.

Compliance with direction
 (3) An Immigration and Border Protection worker must comply with a direction given to him or her under this section.
Note 1: See subsection 13(4) and sections 15, 28 and 29 of the Public Service Act 1999 for the consequences of an APS employee in the Department not complying with subsection (3) of this section.
Note 2: See section 57 of this Act for the termination of a person's engagement as a consultant or contractor, or for the arranging of a person to cease to perform services for the Department, if the person does not comply with subsection (3) of this section.