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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.375 Performing applicable SSAA while showing positive result for a confirmatory alcohol test

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.375

Performing applicable SSAA while showing positive result for a confirmatory alcohol test

  (1)   A person must not perform or be available to perform an applicable SSAA if:

  (a)   while the person is performing or available to perform an applicable SSAA, the person gives a body sample for an initial alcohol test under Subpart   99.C; and

  (b)   the person gives a body sample for a confirmatory alcohol test in respect of the initial alcohol test; and

  (c)   the result of the confirmatory alcohol test is a positive result.

Penalty:   50 penalty units.

Note:   Regulation   99.260 deals with how you determine the results of alcohol tests.

  (2)   Subregulation (1) applies to create an offence in respect only of the applicable SSAA that the person was performing or available to perform at the time that the body sample for the initial alcohol test was taken.

  (3)   An offence against subregulation   (1) is an offence of strict liability.

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