DEFENCE ACT 1903 - SECT 109 Defence Instructions
DEFENCE ACT 1903 - SECT 109
Defence Instructions(1) Without limiting section 11 , the Defence Instructions may make provision, not inconsistent with this Part, in relation to the following:
(a) the persons or classes of persons who may be required to undergo prohibited substance tests under section 94;
(b) laboratories, bodies or persons that are accredited laboratories for the purposes of this Part;
(c) the provision of samples for the purpose of prohibited substance tests under section 94;
(d) the conduct of, and procedures relating to, prohibited substance tests under section 94;
(e) the devices used in conducting prohibited substance tests under section 94, including the calibration, inspection and testing of those devices;
(f) levels of prohibited substances that are permitted levels for the purposes of this Part;
(g) the procedures for the handling and analysis of the following:
(i) samples taken in connection with prohibited substance tests under section 94;
(ii) the giving of prohibited substance test results in certificates or other documents and the evidentiary effect of such certificates or other documents;
(h) the confidentiality of prohibited substance test results;
(i) notices to be given to persons who are to undergo, or who have undergone, prohibited substance tests;
(ia) the circumstances in which a positive test result must be disregarded;
(j) any other matter or thing that relates to, or is for the purposes of, this Part.
(2) The Defence Instructions may provide that strict compliance with procedures specified in the Defence Instructions is not required and substantial compliance is sufficient, other than in respect of procedures relating to the following matters:
(a) ensuring that a sample is not interfered with;
(b) ensuring that a sample is securely contained and identified.