Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.260

  (1)   If an initial alcohol test is conducted on 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)   If:

  (a)   an initial alcohol test is conducted on a body sample and the result is a positive result; and

  (b)   a confirmatory alcohol test in respect of the initial alcohol test is conducted on a body sample; and

  (c)   the result of the confirmatory alcohol test is a positive result;

then the test result for the body sample is taken to be a positive result.

  (3)   If:

  (a)   an initial alcohol test is conducted on a body sample and the result is a positive result; and

  (b)   a confirmatory alcohol test is conducted on the body sample and the result of the test is not a positive result;

then, despite the positive result for the initial alcohol test, the result for the body sample is taken not to be a positive result.