Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.360

  (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 receives a confirmatory drug test in respect of the initial drug test; and

  (e)   the test result for the confirmatory drug test has not been returned to the person.

  (2)   The person must not again perform or be available to perform an applicable SSAA until the result of the confirmatory drug test has been returned to the person.

Penalty:   50 penalty units.

Note:   If the returned test result is a positive result, then the person may be liable to an offence if the person contravenes regulation   99.380.

  (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 a test result for the confirmatory drug test cannot be returned to the person because it was not possible to conduct the confirmatory drug test.