(1) This regulation applies if:
(a) a person is performing or available to perform an applicable SSAA; and
(b) the person receives an initial drug test; and
(c) the result of the initial drug test is a positive result; and
(d) the person's body sample in respect of the initial drug test is being subjected to confirmatory drug testing by an approved laboratory.
(2) The person must not again perform or become available to perform an applicable SSAA until the person has received a confirmatory drug test in respect of the initial drug test.
Note: Regulation 99.360 provides an offence for performing or being available to perform an applicable SSAA after a confirmatory drug test has been given and before the results of that confirmatory drug test are returned.
(3) An offence against subregulation (2) is an offence of strict liability.
(4) It is not an offence against subregulation (2) for a
person to perform or become available to perform an applicable SSAA if the
person's body sample cannot be subjected to confirmatory drug testing by
an approved laboratory.