(1) In addition to any other powers set out in this Part, an approved tester has the powers specified in subregulation (2) in respect of taking a body sample from a donor for the following purposes:
(a) conducting an initial drug test;
(b) conducting an initial alcohol test or a confirmatory alcohol test (an alcohol test ).
(2) For subregulation (1), the powers are the following:
(a) the approved tester may require the donor to:
(i) produce identification of the kind mentioned in subregulation (3) to the tester; and
(ii) inform the tester of the donor's date of birth, address and telephone number;
(b) the tester may require from the donor's employer the donor's name, date of birth, address and telephone number if:
(i) on being required to produce identification, the donor is unable to produce identification of a kind set out in subregulation (3) to the tester; and
(ii) the donor's employer is a DAMP organisation or a DAMP contractor;
(c) the tester may require the donor to give a body sample for the drug or alcohol test;
(d) the tester may require the donor to stop performing, or stop being available to perform, an applicable SSAA, for the time it takes to take a body sample for testing and to conduct an initial drug test or alcohol test on the sample;
(e) the tester may require the donor to remain in the tester's presence for the time it takes to take a body sample and conduct an initial drug test or alcohol test on the sample.
Note: An approved tester may also ask for a body sample for a confirmatory drug test--see regulation 99.170.
(3) For subregulation (2), the kinds of identification are:
(a) identification that:
(i) contains a photograph of the donor and sets out the donor's name, date of birth and address; and
(ii) was issued by a Commonwealth, State, Territory or local government body; or
(b) identification that is issued by a DAMP organisation that contains a photograph of the donor and the donor's name; or
(c) an ASIC; or
(d) a passport.