Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 93

                   In this Part, unless the contrary intention appears:

"accredited authority" means a laboratory or other body, or a person, specified in the Defence Instructions to be an accredited authority 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 Instructions" means Defence Instructions (General), Defence Instructions (Navy), Defence Instructions (Army) or Defence Instructions (Air Force) issued under section 9A.

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

"narcotic substance" has the same meaning as in the Customs Act 1901 .

"positive test result" , in relation to a prohibited substance test in respect of a person, means a finding by an accredited authority 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)  a narcotic substance; or

                     (b)  any 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).

"relevant authority" means:

                     (a)  in relation to a defence member who holds a rank not below the rank of Major‑General (or an equivalent rank)--the Governor‑General; or

                     (b)  in relation to a defence member who holds a rank below the rank of Major‑General (or an equivalent rank)--the relevant service chief; or

                     (c)  in relation to a defence civilian--the commanding officer who has responsibility for the defence civilian.

"sample" means:

                     (a)  any human biological fluid; or

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

                     (c)  any human breath.