Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.125

  (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.