Customs (Drug and Alcohol Testing) Amendment Regulation 2013 (No. 1)

Link to law: https://www.comlaw.gov.au/Details/F2013L01451

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Customs (Drug and Alcohol Testing) Amendment Regulation 2013 (No. 1)
 
Select Legislative Instrument No. 180, 2013
I, Quentin Bryce AC CVO, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Customs Administration Act 1985.
Dated 25 July 2013
Quentin Bryce
Governor‑General
By Her Excellency’s Command
Jason Dean Clare
Minister for Home Affairs
 
 
  
  
Contents
1............ Name of regulation.............................................................................. 1
2............ Commencement................................................................................... 1
3............ Authority............................................................................................. 1
4............ Schedule(s)......................................................................................... 1
Schedule 1—Amendments                                                                                                2
Customs (Drug and Alcohol Testing) Regulation 2013                                       2
 
1  Name of regulation
                   This regulation is the Customs (Drug and Alcohol Testing) Amendment Regulation 2013 (No. 1).
2  Commencement
                   This regulation commences on the day after it is registered.
3  Authority
                   This regulation is made under the Customs Administration Act 1985.
4  Schedule(s)
                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
  
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:
 
3
Collecting a sample of blood for purposes relating to the conduct of an alcohol blood test
Any of the following:
(a) a medical practitioner;
(b) a registered nurse;
(c) an enrolled nurse;
(d) a company authorised by the CEO for the purposes of this item

3A
Analysing a sample of blood for purposes relating to the conduct of an alcohol blood test
A company authorised by the CEO for the purposes of this item

4
Collecting a sample of blood for purposes relating to the conduct of a prohibited drug test
Any of the following:
(a) a medical practitioner;
(b) a registered nurse;
(c) an enrolled nurse;
(d) a company authorised by the CEO for the purposes of this item

4A
Analysing a sample of blood for purposes relating to the conduct of a prohibited drugs test
A company authorised by the CEO for this purpose

5
Collecting a sample, other than blood, for purposes relating to the conduct of a prohibited drug test
Any of the following:
(a) a medical practitioner;
(b) a registered nurse;
(c) an enrolled nurse;
(d) an officer of Customs who has successfully completed a training course in supervising the provision of urine samples approved under section 19;
(e) a police officer of a State or Territory;
(f) a company authorised by the CEO for the purposes of this item

5A
Analysing a sample, other than blood, for purposes relating to the conduct of a prohibited drug test
A company authorised by the CEO for this purpose

 
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.