Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) If a confirmatory drug test is conducted on Sample A of a body sample and the result is not a positive result, then the test result for the body sample is taken not to be a positive result.
(2) Subject to subregulations (4) and (5), if a confirmatory drug test is conducted on Sample A of a body sample and the result is a positive result, then the test result for the body sample is taken to be a positive result.
(3) Subject to subregulation (5), if:
(a) a confirmatory drug test is conducted on Sample A of a body sample and the result is a positive result; and
(b) the donor applies to CASA to have a confirmatory drug test conducted on Sample B of a body sample before the expiry of the period mentioned in subregulation 99.215(2); and
(c) the result of the test on Sample B is a positive result;
then the test result for the body sample is taken to be a positive result.
(4) If:
(a) a confirmatory drug test is conducted on Sample A of a body sample and the result is a positive result; and
(b) the donor 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.