Commonwealth Numbered Regulations

CUSTOMS (DRUG AND ALCOHOL TESTING) AMENDMENT REGULATION 2013 (NO. 1) (SLI NO 180 OF 2013) - SCHEDULE 1

Customs (Drug and Alcohol Testing) Regulation 2013

1  Subsection 5(1) (table item 1)

Omit "a company", substitute "a company authorised by the CEO for the purposes of this item".

2  Subsection 5(1) (table item 2)

Omit "a company", substitute "a company authorised by the CEO for the purposes of this item".

3  Subsection 5(1) (table items 3, 4 and 5)

Repeal the items, substitute:

4  Subsection 5(2)

Repeal the subsection, substitute:

             (2)  If the CEO authorises an officer of Customs under subsection (1):

                     (a)  the CEO must give the officer a certificate stating that he or she is an authorised person; and

                     (b)  the officer must, if requested to do so, show his or her certificate to a Customs worker who is directed by the officer to undergo a test for section 16B, 16C or 16D of the Act.

             (3)  If the CEO authorises a company under subsection (1):

                     (a)  the CEO must give the company a certificate stating that it is an authorised person; and

                     (b)  an officer of the company acting as an authorised person must, if requested to do so, show the certificate to a Customs worker who is directed by the officer to undergo a test for section 16B, 16C or 16D of the Act.

5  After section 7

Insert:

7A   Collection of information from body sample

                   The only information which may be collected from a breath test, blood test or prohibited drug test conducted for section 16B, 16C or 16D of the Act is information relating to the detection of alcohol or prohibited drugs.

6  Subsections 8(4) and (5)

Repeal the subsections, substitute:

             (4)  Despite subsections (2) and (3), information obtained from the analysis of a sample may be retained if the information:

                     (a)  relates to any of the following:

                              (i)  the detection of alcohol or prohibited drugs;

                             (ii)  the name of any prohibited drugs detected;

                            (iii)  the quantity of any alcohol or prohibited drugs detected;

                            (iv)  how a urine sample was provided or analysed;

                             (v)  whether a urine sample was provided, or analysed, in accordance with the standard mentioned in section 18; and

                     (b)  is used for compiling a statistical database; and

                     (c)  does not include information that may be used to identify the Customs worker who provided the sample.

             (5)  Despite subsections (2) and (3), information obtained from the analysis of a sample may be retained if:

                     (a)  the information relates to the detection of alcohol or prohibited drugs; and

                     (b)  the purpose of retaining the information is so that it can be provided to an Agency as part of security vetting of the Customs worker to whom the record relates.

7  Paragraph 9(g)

Repeal the paragraph, substitute:

                     (g)  if:

                              (i)  the disclosure is for the Customs worker's medical treatment; and

                             (ii)  the Customs worker does not have capacity to consent in writing to the disclosure; or

8  Paragraph 16(2)(a)

Repeal the paragraph, substitute:

                     (a)  a unique identifying number relating to the Customs worker;

9  Section 18

Omit "Australian/New Zealand Standard AS/NZS 4308--2001 "Procedures for the collection, detection and quantitation of drugs of abuse in urine", as at 29 March 2001", substitute "Australian/New Zealand Standard AS/NZS 4308:2008 "Procedures for specimen collection and the detection and quantification of drugs of abuse in urine"".

10  At the end of the regulation

Add:

Part 4 -- Transitional provisions

30   Amendments made by the Customs (Drug and Alcohol Testing) Amendment Regulation 2013 (No. 1)

             (1)  This section applies if:

                     (a)  a person was authorised under subsection 5(1), as in force before the day the Customs (Drug and Alcohol Testing) Amendment Regulation 2013 (No. 1) commences (the commencement day ); and

                     (b)  the person's authorisation was in force immediately before the commencement day; and

                     (c)  the person was given a certificate under subsection 5(2) before the commencement day.

             (2)  On and after the commencement day:

                     (a)  the person's authorisation continues in force as if it had been given under subsection 5(1) on the commencement day; and

                     (b)  the person is not required to show the certificate to a Customs worker unless the person is required to do so under section 5 of this regulation as in force on and after the commencement day.