147Obligation to undertake and pass drug test

1. A person to whom an obligation under section 144(a), 144(c), 146(1)(d)(ii), or 146(1)(d)(iv) applies must undertake and pass a drug test by a specified date if—

2. a potential employer or training provider requests the drug test; and
3. the drug test is lawfully requested and undertaken; and
4. the drug test is a compliant drug test (see section 148).

5. The obligation under subsection (1) to undertake and pass a drug test is included in, forms part of, and does not arise apart from, the obligation under section 144(a), 144(c), 146(1)(d)(ii), or 146(1)(d)(iv).

6. A drug test is lawfully requested and undertaken if it is requested and undertaken for a lawful purpose (for example, for a lawful health or safety purpose), and it does not matter that the employer or provider requesting the drug test is not authorised or required by or under this Act to compel the person to undertake it.

7. A drug test under this section is presumed to be lawfully requested and undertaken unless the contrary is proved.

Compare

• 1964 No 136 ss 102A(1A), 102B(1), (3)