Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A person must not perform or be available to perform an applicable SSAA if:
(a) while the person is performing or available to perform an applicable SSAA, the person gives a body sample for an initial drug test under Subpart 99.C; and
(b) a confirmatory drug test in respect of the initial drug test is conducted on Sample A of the person's body sample; and
(c) the result of the confirmatory drug test on Sample A is a positive result.
Note: Regulation 99.230 deals with how you determine the results of confirmatory drug tests.
(2) It is a defence to subregulation (1) if Sample B of the person's body sample is tested within the period specified in subregulation 99.215(2) and returns a result that is not positive.
(3) Subregulation (1) applies to create an offence in respect only of the applicable SSAA that the person was performing or available to perform at the time that the body sample for the initial drug test was taken.
(4) An offence against subregulation (1) is an offence of strict liability.