DEFENCE ACT 1903 - SECT 93 Definitions

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   i n 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.