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DEFENCE ACT 1903 - SECT 100 Notice to be given of a positive test result

DEFENCE ACT 1903 - SECT 100

Notice to be given of a positive test result

  (1)   If a prohibited substance test in respect of a person returns a positive test result, the Chief of the Defence Force must:

  (a)   give the person written notice of the positive test result; and

  (b)   invite the person to give to the Chief of the Defence Force a written statement of reasons as to why the person's service should not be terminated.

Note:   Subsection   98(2) provides that a positive test result is to be disregarded in specified circumstances, so in such circumstances a notice under this section would not be given.

  (2)   A notice under subsection   ( 1) must specify a period ending not less than 28 days after the day on which the notice is given as the period within which a statement of reasons must be given to the Chief of the Defence Force .