Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 93

    In this Part, unless the contrary intention appears:

"accredited laboratory" means a laboratory or other body, or a person, specified in the Defence Instructions to be an accredited laboratory for the purposes of this Part.

"authorised person" means a person determined under section   93A to be an authorised person for the purposes of the provision of this Part   in which the expression occurs.

"defence civilian" has the same meaning as in the Defence Force Discipline Act 1982 .

"defence member" has the same meaning as in the Defence Force Discipline Act 1982 .

"positive test result" , in relation to a prohibited substance test in respect of a person, means a finding by an accredited laboratory that the test in respect of the person reveals:

  (a)   the presence of a prohibited substance in a sample provided by the person, or otherwise reveals the use by the person of a prohibited substance; and

  (b)   if a permitted level for that substance is specified in the Defence Instructions--that the permitted level has been exceeded.

"prohibited substance" means a substance that is a prohibited substance because of a determination under subsection   93B(1).

"prohibited substance test" means:

  (a)   urinalysis; or

  (b)   another test that:

  (i)   is for the purpose of determining whether a person has used a prohibited substance, whether by means of testing a sample provided by the person or by other means; and

  (ii)   is a prohibited substance test because of a determination under subsection   93B(2).

"sample" means:

  (a)   any human biological fluid; or

  (b)   any human biological tissue (whether alive or otherwise); or

  (c)   any human breath.

"terminate" the service of a person to whom this Part applies means:

  (a)   if the person is a defence member--terminate the service of the member; or

  (b)   if the person is a defence civilian--terminate the arrangement under which the person is a defence civilian.