Part 3
Obligations
Beneficiaries’ obligations:
Specific obligations: work-test obligations
152Definitions for drug-testing provisions
In this section and in sections 147 to 151, unless the context otherwise requires,—
controlled drug has the same meaning as in section 2(1) of the Misuse of Drugs Act 1975
drug test, for a person, means a test to detect the presence in the person’s body of 1 or more controlled drugs
evidential drug test, for a person, means a drug test that, when undertaken by the person, complies with a standard that is—
- a standard for drug tests for evidential purposes; and
- a New Zealand standard, joint Australian/New Zealand standard, or other national or international standard; and
- prescribed (whether under sections 29 to 32 of the Standards and Accreditation Act 2015 or otherwise) in regulations made under section 418(1)(f)
fail, for a person and a drug test, means—
- if the drug test is a screening drug test or an evidential drug test, not to pass the drug test; or
- if the drug test is an evidential drug test, to waive the right to that test in the situation specified in section 149(1), and so under that section be taken for the purposes of this Act to have failed that test
pass, for a person and a drug test, means to undertake the drug test with the consequence that the drug test produces a valid result that,—
- if the drug test is a screening drug test, does not indicate the presence in the person’s body of 1 or more controlled drugs at or above the minimum level identified in the standard (prescribed in regulations made under section 418(1)(g)) with which the test complies; and
- if the drug test is an evidential drug test, does not detect for evidential purposes the presence in the person’s body of 1 or more controlled drugs at or above the minimum level identified in the standard (prescribed in regulations made under section 418(1)(g)) with which the test complies
screening drug test, for a person, means a drug test that—
- may indicate the presence in the person’s body of 1 or more controlled drugs; and
- is quicker, less formal, and less expensive than, and is designed for use in conjunction with, an evidential drug test; and
- complies with a standard that is—
- a standard for drug tests for evidential purposes; and
- a New Zealand standard, joint Australian/New Zealand standard, or other national or international standard; and
- prescribed (whether under sections 29 to 32 of the Standards and Accreditation Act 2015, or otherwise) in regulations made under section 418(1)(h).
- a standard for drug tests for evidential purposes; and
- a standard for drug tests for evidential purposes; and
Compare
- 1964 No 136 s 88A