Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:13:p55
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 13 (pt 55/76)
Character Range: 2182885–2185538

applies to CASA to have a confirmatory drug test conducted on Sample B of the sample before the expiry of the period mentioned in subregulation 99.215(2); and
 (c) the result of the test on Sample B is not a positive result, or Sample B is not available to be tested;
then, despite the positive result for Sample A, the test result for the body sample is taken not to be a positive result.
Note: Under regulation 99.200, Sample B may have been dealt with as if it were Sample A. In that case, there will not be a Sample B to test.
 (5) A positive result for a confirmatory drug test on either Sample A or Sample B of a body sample is taken not to be a positive result for the sample if a CASA medical review officer has determined that the test result for the sample could be the result of legitimate therapeutic treatment or some other innocuous source.

Subdivision 99.C.2.5—Record‑keeping

99.235  Approved laboratory to keep records
 (1) An approved laboratory must keep a copy of a notice sent under regulation 99.210 for 7 years from the date the notice was sent.
Penalty: 50 penalty units.
 (2) The laboratory must keep the copy in a secure location.
Penalty: 50 penalty units.
 (3) During the 7‑year period, the laboratory must provide a copy of the notice to CASA if required to.
Penalty: 50 penalty units.
 (4) An offence against subregulation (1), (2) or (3) is an offence of strict liability.
 (5) Subject to any requirement in any other Commonwealth, State or Territory law, the copy must be destroyed at the end of the 7‑year period.

Division 99.C.3—Alcohol testing

99.240  Which body samples may be alcohol tested
  An approved tester conducting an alcohol test under this Subpart may only take a sample of a person's breath for testing.

99.245  How samples are taken and tested
  An approved tester must take body samples for alcohol testing in accordance with the procedures set out in a legislative instrument made by CASA for the purposes of this regulation.

99.250  Approved breathalysers to be used in alcohol tests
 (1) If an approved tester is conducting an initial alcohol test under this Subpart, the tester must only use an approved breathalyser to conduct the test.
 (2) If the approved tester is conducting a confirmatory alcohol test under this Subpart, the tester must only use a breathalyser that:
 (a) is an approved breathalyser; and
 (b) meets the requirements of NMI R 126, Pattern Approval Specifications for Evidential Breath Analysers.
 (3) The approved tester must ensure that the breathalyser is stored, tested, maintained and operated in accordance with a legislative instrument made for the purposes of this