Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.335

  (1)   This regulation applies if:

  (a)   a person is performing or available to perform an applicable SSAA; and

  (b)   the person is required by an approved tester to provide a body sample for a drug or alcohol test under Subpart   99.C; and

  (c)   the person:

  (i)   refuses to provide a body sample to be tested; or

  (ii)   fails to provide a body sample to be tested.

  (2)   The person must not again perform or be available to perform an applicable SSAA until the person is drug or alcohol tested under this Part.

Penalty:   50 penalty units.

Note 1:   If the person receives a confirmatory drug test and the result is a positive result, the person may be liable to an offence if the person contravenes regulation   99.380.

Note 2:   It is an offence for the person to contravene regulation   99.345 or 99.380 in respect of the drug test.

  (3)   An offence against subregulation   (2) is an offence of strict liability.