Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.230

Test results

  (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.


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