Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies if:
(a) a person was performing or available to perform an applicable SSAA; and
(b) the person has had an initial alcohol test; and
(c) the test result for the initial alcohol test was a positive result; and
(d) the person has had a confirmatory alcohol test in respect of the initial alcohol test; and
(e) the test result for the confirmatory alcohol test was again a positive result.
(2) The person must not again perform or become available to perform an applicable SSAA until all of the following have occurred:
(a) the person has undergone a comprehensive assessment;
(b) if the comprehensive assessment recommended the person commence a drug or alcohol intervention program--the person has begun participating in a nominated drug or alcohol intervention program;
(c) the person is considered fit to resume performing, or being available to perform, an applicable SSAA by:
(i) if the person is an employee of a DAMP and the DAMP was notified of the test result for the confirmatory alcohol test by CASA--a DAMP medical review officer; or
(ii) in any other case--a CASA medical review officer;
(d) the person is considered fit to resume performing, or being available to perform, an applicable SSAA by the person's treating clinician, if any.
Note: Regulation 99.260 deals with test results for body samples that are alcohol tested.
(3) An offence against subregulation (2) is an offence of strict liability.