DEFENCE ACT 1903 - SECT 95 Conduct of testing

DEFENCE ACT 1903 - SECT 95

  (1)   The conduct of a prohibited substance test under section   94 must be supervised by an authorised person.

  (2)   A prohibited substance test:

  (a)   must be conducted in circumstances affording reasonable privacy to the person being tested; and

  (b)   must not , subject to subsection   ( 4), be conducted in the presence of a person whose presence is not necessary for the purposes of conducting or supervising the test; and

  (c)   must not involve:

  (i)   the removal of more clothing; or

  (ii)   more visual inspection;

    than is necessary for the purposes of conducting the test.

  (3)   The person being tested may request that the test be conducted in the presence of one particular person (in addition to any person whose presence is necessary for the purposes of conducting or supervising the test).

  (4)   If the person being tested makes such a request, the test may be conducted in the presence of the person requested.

  (5)   To avoid doubt, the test may be conducted even if the requested person is not present.