Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A reference in this Part, other than in Subpart 99.B, to a test result for a drug or alcohol test is a reference to a test result that resulted from strict or substantial compliance with the requirements of this Part, including the following:
(a) requirements relating to the taking of a body sample for the test;
(b) requirements relating to the dealing with the body sample by the approved tester who took the sample;
(c) requirements relating to the storage of the body sample (if applicable);
(d) requirements relating to the conduct of the drug or alcohol test;
(e) requirements relating to the giving of notice in respect of a positive result;
(f) a requirement that a person must not interfere with the integrity of a body sample.
(2) For subregulation (1), there is taken to be substantial compliance with the requirements of this Part in relation to a drug or alcohol test that results in a test result if there is no reasonable doubt as to the accuracy of the test result even though one or more of the requirements of this Part may not have been strictly complied with in relation to that drug or alcohol test.
Example: If an approved tester fails to initial a specimen tube containing a part of a body sample that is to be the subject of a confirmatory drug test, the test result is likely to be one that resulted from substantial compliance with the requirements of this Part as there will be no reasonable doubt as to the accuracy of the test result. However, if a person interferes with the integrity of a body sample, the test result for that sample is unlikely to be one that resulted from substantial compliance with the requirements of this Part as there will be a reasonable doubt as to the accuracy of the test result.
(3) In this regulation, the requirements of this Part i nclude the following:
(a) the requirements of any legislative instruments made under this Part;
(b) a relevant Standard.
Subpart 99.B -- Drug and alcohol management plans