{"id":"F2025L01107","name":"Australian Border Force (Alcohol and Drug Tests) Rules 2025","slug":"australian-border-force-alcohol-and-drug-tests-rules-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442965,"registerId":"F2025L01107-fast-fetch-1775957884414","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Border Force (Alcohol and Drug Tests) Rules 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![A black and white image of the Australian Coat of Arms, featuring a kangaroo on the left and an emu on the right supporting a shield. The shield displays the badges of the six Australian states, and above it is the Commonwealth Star. Below the shield, a wreath of golden wattle is depicted, and the word "AUSTRALIA" is written in a banner. ](image.001.jpeg)\n\n \n\nLIN 25/012\n\n \n\nAustralian Border Force (Alcohol and Drug Tests) Rules 2025\n\nI, Tony Burke, Minister for Home Affairs, make the following rules.\n\nDated  14 September  2025\n\nTony Burke\n\nMinister for Home Affairs\n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\nDivision 1—Preliminary\n\n1  Name \n\n2  Commencement\n\n3  Authority\n\nDivision 2—Simplified outline of this instrument\n\n4  Simplified outline of this instrument\n\nDivision 3—Definitions\n\n5  Definitions\n\nPart 2—Authorisation of alcohol or drug testing and analysis\n\n6  Authorised testers—alcohol or drug tests\n\n7  Authorised laboratories and accredited analysts—analysis of body samples\n\n8  Devices approved for tests\n\nPart 3—Conduct of alcohol or drug tests\n\n9  Alcohol or drug tests—procedures\n\n10  Alcohol or drug tests—collection of information from body sample\n\n11  Alcohol or drug tests—Security and destruction of body samples and other records\n\n12  Alcohol or drug tests—disclosure of information\n\n13  Alcohol breath tests—procedures\n\n14  Alcohol screening tests and alcohol breath tests—training courses\n\nPart 4—Analysis of body samples from some tests\n\n15  Part 4—scope\n\n16  Transmission of body samples to authorised laboratories\n\n17  Accredited analysts—analysis of body samples\n\n18  Accredited analysts—certificates\n\n19  Analysis—disputed results\n\nPart 5—Prohibited drug tests using urine or oral fluid samples\n\n20  Taking body samples—procedures\n\n21  Taking body samples—training courses\n\nPart 6—Application and transitional provisions\n\n22  Continuation of authorisations\n\n23  Transitional\n\nPart 7—Repeal\n\n24  Repeal\n\n \n\nPart 1—Preliminary\n\nDivision 1—Preliminary\n\n1  Name\n\n  This is the Australian Border Force (Alcohol and Drug Tests) Rules 2025.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 1 October 2025\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Australian Border Force Act 2015.\n\nDivision 2—Simplified outline of this instrument\n\n4  Simplified outline of this instrument\n\nThis instrument deals with the conduct and analysis of alcohol or drug tests of Immigration and Border Protection workers, for the purposes of the Australian Border Force Act 2015 (the Act).\n\nPart 5 of the Act provides that Immigration and Border Protection workers may be required to undergo alcohol screening tests, alcohol breath tests, alcohol blood tests or prohibited drug tests (alcohol or drug tests). Section 38 of the Act provides that alcohol or drug tests are to be conducted in accordance with rules made under the Act (see also sections 39 and 58 of the Act).\n\nAccordingly, this instrument provides for the authorisation of persons to conduct alcohol or drug tests and to analyse the results of those tests. This instrument also provides for the approval of devices to conduct tests and list the training courses required of officers of Customs in relation to alcohol tests and the taking of body samples.\n\nProcedures are set out for the conduct of alcohol or drug tests, the handling of body samples and the keeping of records of body samples and other information. This instrument also deals with the transmission of body samples for analysis, and the treatment of those samples by analysts. Urine samples and oral fluid samples are required to be collected and analysed in accordance with the relevant Australian and New Zealand standards.\n\nThis instrument is made under the Australian Border Force Act 2015.\n\nDivision 3—Definitions\n\n5  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) alcohol blood test;\n\n(b) alcohol breath test;\n\n(c) alcohol screening test;\n\n(d) authorised person;\n\n(e) body sample;\n\n(f) Immigration and Border Protection worker;\n\n(g) officer of Customs;\n\n(h) prohibited drug test.\n\n  In this instrument:\n\naccredited analyst: see section 7.\n\nAct means the Australian Border Force Act 2015.\n\nalcohol or drug test means any of the following:\n\n (a) an alcohol screening test;\n\n (b) an alcohol breath test;\n\n (c) an alcohol blood test;\n\n (d) a prohibited drug test.\n\napproved device means a device approved under section 8.\n\nauthorised laboratory: see section 7.\n\nauthorised tester: see section 6.\n\nDepartment means the Department of Home Affairs.\n\nmedical practitioner has the same meaning as in subsection 3(1) of the Health Insurance Act 1973.\n\nregistered nurse has the same meaning as in subsection 3(1) of the Health Insurance Act 1973.\n\nPart 2—Authorisation of alcohol or drug testing and analysis\n\n \n\n6  Authorised testers—alcohol or drug tests\n\n (1) This section is made for paragraph 39(a) of the Act.\n\n (2) For this instrument, authorised tester, for a purpose mentioned in column 1 of the following table, means an individual specified in column 2 of the table for that purpose.\n\n \n\n- Authorised testers\n- Item Column 1Purpose Column 2Authorised tester\n- 1 Conducting an alcohol screening test The following individuals:(a) an individual authorised for that purpose under subsection (3) who is:(i) an officer of Customs who has successfully completed a training course in conducting alcohol screening tests mentioned in section 14; or(ii) a police officer of a State or Territory;(b) an individual employed or engaged for that purpose by a company which is authorised for that purpose under subsection (3).\n- 2 Conducting an alcohol breath test The following individuals:(a) an individual authorised for that purpose under subsection (3) who is:(i) an officer of Customs who has successfully completed a training course in conducting alcohol breath tests mentioned in section 14; or(ii) a police officer of a State or Territory;(b) an individual employed or engaged for that purpose by a company which is authorised for that purpose under subsection (3).\n- 3 Collecting a sample of blood for purposes relating to the conduct of an alcohol blood test The following individuals:(a) an individual authorised for that purpose under subsection (3) who is:(i) a medical practitioner; or(ii) a registered nurse; or(iii) an enrolled nurse;(b) an individual employed or engaged for that purpose by a company which is authorised for that purpose under subsection (3).\n- 4 Collecting a sample of blood for purposes relating to the conduct of a prohibited drug test The following individuals:(a) an individual authorised for that purpose under subsection (3) who is:(i) a medical practitioner; or(ii) a registered nurse; or(iii) an enrolled nurse;(b) an individual employed or engaged for that purpose by a company which is authorised for that purpose under subsection (3).\n- 5 Collecting a body sample, other than blood or human breath, for purposes relating to the conduct of a prohibited drug test The following individuals:(a) an individual authorised for that purpose under subsection (3) who is:(i) a medical practitioner; or(ii) a registered nurse; or(iii) an enrolled nurse; or(iv) an officer of Customs who has successfully completed a training course in supervising the provision of body samples mentioned in section 21; or(v) a police officer of a State or Territory;(b) an individual employed or engaged for that purpose by a company which is authorised for that purpose under subsection (3).\n\n\nAuthorisation\n\n (3) The Secretary may in writing, for a purpose specified in column 1 of an item in the table in subsection (2), authorise:\n\n (a) an individual mentioned in paragraph (a) of column 2 of that item; or\n\n (b) a company mentioned in paragraph (b) of column 2 of that item.\n\nCertificates of authorisation\n\n (4) If the Secretary authorises an officer of Customs as an authorised tester under subsection (3) for a purpose specified in column 1 of an item in the table in subsection (2):\n\n (a) the Secretary must give the officer a certificate stating that he or she is an authorised tester for that purpose; and\n\n (b) the officer must, if requested to do so, show his or her certificate to an Immigration and Border Protection worker who is directed or required to undergo a test for section 34, 35 or 36 of the Act.\n\n (5) If the Secretary authorises a company under subsection (3) for a purpose:\n\n (a) the Secretary must give the company a certificate stating that the company is authorised for that purpose; and\n\n (b) an individual employed or engaged by the company who is an authorised tester for that purpose under subsection (2) must, if requested to do so, show the certificate to an Immigration and Border Protection worker who is directed or required to undergo a test for section 34, 35 or 36 of the Act.\n\n7  Authorised laboratories and accredited analysts—analysis of body samples\n\n (1) This section is made for paragraph 39(f) of the Act.\n\n (2) For this instrument, an authorised laboratory, for a particular purpose, is a laboratory authorised for that purpose under subsection (4).\n\n (3) For this instrument, an accredited analyst, for a particular purpose, is an individual employed or engaged by an authorised laboratory for that purpose.\n\n (4) The Secretary may, in writing, authorise a company that is a laboratory accredited by the National Association of Testing Authorities, Australia for either or both of the following purposes:\n\n (a) analysing a sample of blood for purposes relating to the conduct of an alcohol blood test;\n\n (b) analysing a body sample for purposes relating to the conduct of a prohibited drug test.\n\n (5) If the Secretary authorises a company under subsection (4) for a purpose, the Secretary must give the company a certificate stating that the company is authorised for that purpose.\n\n8  Devices approved for tests\n\n  For paragraph 39(e) of the Act, a device mentioned in an item of the following table is approved for use under section 34, 35 or 36 of the Act to conduct the alcohol or drug test mentioned in that item.\n\n \n\n- Approved devices for alcohol and drug tests\n- Item Devices Alcohol or drug test\n- 1 Alcolizer Le5 (a) Alcohol screening test(b) Alcohol breath test\n- 2 AlcoQuant 6020 (a) Alcohol screening test(b) Alcohol breath test\n- 3 Innoscreen Cup Prohibited drug test – Urine test\n- 4 Medvet Oral 7 Prohibited drug test – Oral fluid test\n- 5 Quantisal Prohibited drug test – Oral fluid test\n\n\nPart 3—Conduct of alcohol or drug tests\n\n \n\n9  Alcohol or drug tests—procedures\n\n (1) An alcohol or drug test conducted for section 34, 35 or 36 of the Act must be conducted:\n\n (a) in a respectful manner; and\n\n (b) in circumstances affording reasonable privacy to the Immigration and Border Protection worker directed to undergo the test.\n\n (2) The test must not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the test and must not involve:\n\n (a) removal of more clothing than is necessary for the conduct of the test; and\n\n (b) more visual inspection than is necessary for the conduct of the test.\n\n (3) If practicable, the test must be conducted by a person of the same sex as the Immigration and Border Protection worker directed to undergo the test.\n\n (4) If a prohibited drug test requires an Immigration and Border Protection worker to provide a sample of hair, the authorised tester collecting the sample:\n\n (a) must use the least painful technique known and available to the authorised tester to collect the sample; and\n\n (b) must only collect the amount of hair necessary for the conduct of the test; and\n\n (c) may collect the sample from any part of the Immigration and Border Protection worker’s body, other than:\n\n (i) the genital or anal area; or\n\n (ii) the buttocks.\n\n10  Alcohol or drug tests—collection of information from body sample\n\n  The only information which may be collected from an alcohol or drug test conducted for section 34, 35 or 36 of the Act is information relating to the detection of alcohol or prohibited drugs.\n\n11  Alcohol or drug tests—security and destruction of body samples and other records\n\n (1) A body sample or other record that is relevant to an alcohol or drug test conducted for section 34, 35 or 36 of the Act must be kept in a secure location unless it is destroyed in accordance with this section.\n\n (2) A body sample mentioned in subsection (1) must be destroyed:\n\n (a) if the sample indicates the presence of alcohol or prohibited drugs—no later than 2 years from the day the test was conducted; or\n\n (b) otherwise—no later than 28 days after the day the test was conducted.\n\n (3) Any other record mentioned in subsection (1) must be destroyed as soon as practicable after the Immigration and Border Protection worker to whom the record relates ceases, for any reason, to be an Immigration and Border Protection worker.\n\n (4) Despite subsection (3), information obtained from the analysis of a sample may be retained if the information:\n\n (a) relates to any of the following:\n\n (i) the detection of alcohol or prohibited drugs;\n\n (ii) the name of any prohibited drugs detected;\n\n (iii) the quantity of any alcohol or prohibited drugs detected;\n\n (iv) how a body sample was provided or analysed;\n\n (v) whether a body sample was provided, or analysed, in accordance with the standard mentioned in section 20; and\n\n (b) is used for compiling a statistical database; and\n\n (c) does not include information that may be used to identify the Immigration and Border Protection worker who provided the sample.\n\n (5) Despite subsection (3), information obtained from the analysis of a sample may be retained if:\n\n (a) the information relates to the detection of alcohol or prohibited drugs; and\n\n (b) the purpose of retaining the information is so that it can be used for the purpose of security vetting of the Immigration and Border Protection worker to whom the record relates (including for any organisational suitability assessments conducted by the Department).\n\n12  Alcohol or drug tests—disclosure of information\n\n  A person, other than the Immigration and Border Protection worker who provides a body sample for an alcohol or drug test, may disclose information revealed by the test only:\n\n (a) if the information is already lawfully publicly known; or\n\n (b) in accordance with this Part; or\n\n (c) for the investigation of any offence or offences generally; or\n\n (d) to enable a conduct issue to be dealt with under the Public Service Act 1999 and to enable any action to be taken by the Secretary in relation to the issue; or\n\n (e) for a decision whether to institute proceedings for an offence; or\n\n (f) for proceedings for an offence; or\n\n (g) if:\n\n (i) the disclosure is for the Immigration and Border Protection worker’s medical treatment; and\n\n (ii) the Immigration and Border Protection worker does not have capacity to consent in writing to the disclosure; or\n\n (h) if the Immigration and Border Protection worker consents in writing to the disclosure; or\n\n (i) for the purpose of security vetting of the Immigration and Border Protection worker (including for any organisational suitability assessments conducted by the Department).\n\n13  Alcohol breath tests—procedures\n\n (1) An alcohol breath test for section 35 or 36 of the Act must be conducted using an approved device for the test.\n\nNote: These devices are approved in section 8.\n\n (2) If an Immigration and Border Protection worker undergoes an alcohol breath test as directed under subsection 35(1) of the Act, and the test indicates the presence of alcohol, the worker may ask the authorised tester who conducted the test to arrange for the worker also to undergo an alcohol blood test.\n\n (3) However, neither a request for an alcohol blood test to be conducted nor the conduct of an alcohol blood test absolves the Immigration and Border Protection worker from the obligation to undergo an alcohol breath test.\n\n (4) If the Immigration and Border Protection worker asks that an alcohol blood test be conducted, the authorised tester conducting the alcohol breath test must take all reasonable steps to contact a person authorised to conduct an alcohol blood test.\n\n (5) As soon as practicable after an alcohol breath test is conducted, the authorised tester conducting the test must give a certificate to:\n\n (a) the Immigration and Border Protection worker who provided the breath sample; and\n\n (b) the authorised person who directed that the worker undergo the test.\n\n (6) The certificate must state the following information:\n\n (a) the type and serial number of the approved device used to conduct the test;\n\n (b) the sample number of the test;\n\n (c) the unique identifying number relating to the Immigration and Border Protection worker tested;\n\n (d) the full name of the authorised tester who conducted the test (and, if the authorised tester is employed or engaged to conduct the test by a company which is authorised under subsection 6(3), the full name and address of the company);\n\n (e) whether the authorised tester conducted a self‑test on the approved device before and after the analysis;\n\n (f) if the authorised tester conducted a self‑test:\n\n (i) the time and result of the self‑test; and\n\n (ii) whether the self‑test was conducted on override mode;\n\n (g) the date on which, and the time at which, the test was conducted;\n\n (h) the result of the test as shown by the approved device.\n\n14  Alcohol screening tests and alcohol breath tests—training courses\n\n  For the purposes of section 6, and in respect of the training course for:\n\n (a) conducting alcohol screening tests; and\n\n (b) conducting alcohol breath tests;\n\n  the training course to be successfully completed by an officer of Customs is a training course that satisfies the unit of competency classified as “HLTPAT005 – Collect specimens for drugs of abuse testing” under the Australian Qualifications Framework.\n\nPart 4—Analysis of body samples from some tests\n\n \n\n15  Part 4—scope\n\n  This Part applies to:\n\n (a) alcohol blood tests; and\n\n (b) prohibited drug tests of body samples other than urine or oral fluid.\n\n16  Transmission of body samples to authorised laboratories\n\n  An authorised tester collecting a body sample for the purpose of an alcohol blood test, or a prohibited drug test of a body sample other than urine or oral fluid, must:\n\n (a) place approximately equal quantities of the sample into 2 containers; and\n\n (b) label each container for future identification; and\n\n (c) ensure that each container is sealed; and\n\n (d) arrange for both sealed containers to be:\n\n (i) placed in a transportation container; and\n\n (ii) sent to an authorised laboratory.\n\n17  Accredited analysts—analysis of body samples\n\n (1) An accredited analyst employed or engaged by the authorised laboratory for the purpose must conduct an analysis of a portion of the body sample from one of the containers (the first container) to determine:\n\n (a) whether the body sample contains alcohol; or\n\n (b) whether the body sample contains a prohibited drug.\n\n (2) If the first analysis of a portion of the sample indicates the presence of alcohol or a prohibited drug in the sample, an analysis of another portion of the sample from the first container must be conducted.\n\n (3) The accredited analyst must ensure that the second container of the body sample sent to the authorised laboratory under section 16 remains sealed.\n\nNote: The second container of the body sample may be made available for independent testing under section 19.\n\n18  Accredited analysts—certificates\n\n (1) As soon as practicable after the analysis is conducted, the accredited analyst must give a certificate to:\n\n (a) the Immigration and Border Protection worker who provided the sample; and\n\n (b) the authorised person who directed that the worker undergo the test.\n\n (2) The certificate must state the following information:\n\n (a) a unique identifying number relating to the worker;\n\n (b) the date when the sample was collected;\n\n (c) the date when the sample was received by the laboratory for analysis;\n\n (d) the laboratory identification number of the sample;\n\n (e) the date when the analysis was conducted;\n\n (f) the results of the analysis;\n\n (g) the name of the accredited analyst;\n\n (h) any observations made during the course of the analysis which may have affected test results.\n\n (3) The certificate must also inform the Immigration and Border Protection worker that the worker may:\n\n (a) collect the second container of the sample, mentioned in subsection 17(3), from the laboratory within 6 months after it was collected; and\n\n (b) have the portion of the sample in that container independently tested.\n\n (4) The certificate must be signed by the accredited analyst who conducted the analysis.\n\n19  Analysis—disputed results\n\n (1) If the results of the analysis of a body sample are disputed by the Immigration and Border Protection worker who provided the sample:\n\n (a) the second container of the sample, mentioned in subsection 17(3), must be made available for independent testing; and\n\n (b) all records of the original test must be made available for re‑examination.\n\nNote 1: In practice, the independent testing or re‑examination may be for the purpose only of detecting the presence of alcohol or a prohibited drug, because of possible degradation of the body sample over time.\n\nNote 2: Subsection 17(3) requires the accredited analyst who initially analysed the body sample to keep the second container sealed.\n\n (2) In this section:\n\n  independent testing means alcohol and drug testing of a body sample at an accredited laboratory nominated by the person who provided the sample.\n\nPart 5—Prohibited drug tests using urine or oral fluid samples\n\n \n\n20  Taking body samples—procedures\n\n  Procedure for taking urine samples\n\n (1) The provision, and the analysis, of a urine sample for the purposes of a prohibited drug test must be in accordance with the Australian/New Zealand Standard AS/NZS 4308:2023 Procedures for specimen collection and the detection and quantification of drugs in urine, as in force on the day this section commences.\n\n  Procedure for taking oral fluid samples\n\n (2) The provision, and the analysis, of an oral fluid sample for the purposes of a prohibited drug test must be in accordance with the Australian/New Zealand Standard AS/NZS 4760:2019 Procedure for specimen collection and the detection and quantification of drugs in oral fluid, as in force on the day this section commences.\n\n21  Taking body samples—training courses\n\n  For the purposes of section 6, and in respect of the training course for supervising the provision of body samples, the training course to be successfully completed by an officer of Customs is any training course that satisfies the unit of competency classified as “HLTPAT005 – Collect specimens for drugs of abuse testing” under the Australian Qualifications Framework.\n\nPart 6—Application and transitional provisions\n\n \n\n22  Continuation of authorisations\n\nDefinitions\n\n (1) In this section:\n\ncommencement day means the day this instrument commences.\n\nold rule means the Australian Border Force (Alcohol and Drug Tests) Rule 2015.\n\nAuthorisation of individuals and companies\n\n (2) An authorisation of an individual or a company under subsection 6(3) of the old rule (including any authorisation saved as if it was authorised under that subsection), for a purpose mentioned in item 1, 2, 3, 4 or 5 of the table in subsection 6(1) of that rule that was in force immediately before the commencement day continues in force, on and after that day, as if the authorisation were made under subsection 6(3) of this instrument for the corresponding purpose.\n\n (3) An authorisation of a company that is a laboratory accredited by the National Association of Testing Authorities, Australia under subsection 7(4) of the old rule (including any authorisation saved as if it was authorised under that subsection), for a purpose mentioned in that subsection that was in force immediately before the commencement day continues in force, on and after that day, as if the authorisation were made under subsection 7(4) of this instrument for the corresponding purpose.\n\nCertificate—authorisation\n\n (4) A certificate given under subsection 6(5) of the old rule that:\n\n (a) was in force immediately before the commencement day; and\n\n (b) was given to an Immigration and Border Protection worker;\n\n  continues in force, on and after that day, as if it were a certificate given under subsection 7(5) of this instrument.\n\n (5) A certificate given under subsection 7(4) of the old rule that:\n\n (a) was in force immediately before the commencement day; and\n\n (b) was given to an Immigration and Border Protection worker;\n\n  continues in force, on and after that day, as if it were a certificate given under subsection 6(4) of this instrument.\n\nCertificate—alcohol breath test\n\n (6) A certificate given under subsection 13(5) of the old rule that:\n\n (a) was in force immediately before the commencement day; and\n\n (b) was given to an Immigration and Border Protection worker;\n\n  continues in force, on and after that day, as if it were a certificate given under subsection 13(5) of this instrument.\n\nCertificate—accredited analyst\n\n (7) A certificate given under subsection 18(1) of the old rule that:\n\n (a) was in force immediately before the commencement day; and\n\n (b) was given to an Immigration and Border Protection worker;\n\n  continues in force, on and after that day, as if it were a certificate given under subsection 18(1) of this instrument.\n\n23  Transitional\n\nAlcohol or drug tests\n\n (1) If:\n\n (a) an alcohol or drug test is required to be undertaken for the purpose of section 9 of the old rule before the commencement day; or\n\n (b) has been undertaken for the purpose of section 9 of the old rule before the commencement day;\n\n  then on or after the commencement day:\n\n (c) the test, whether or not undertaken, is taken to be required in accordance with section 9 and Part 5 of this instrument.\n\n (2) If:\n\n (a) test results of analysis of a body sample taken before the commencement day are disputed by the Immigration and Border Protection worker who provided the sample; and\n\n (b) a further test is required in accordance with section 19 of the old rule;\n\n  then the further test is taken, on or after the commencement day, to be required under required in accordance with section 19 and Part 5 of this instrument.\n\n (3) Unless otherwise mentioned in this section, a thing that is required to be done under the old rule for a purpose of a section in that rule before the commencement day, the thing is required to be done on or after the commencement day for the purpose of a corresponding section under this instrument.\n\nPart 7—Repeal\n\n \n\n24  Repeal\n\n  The instrument Australian Border Force (Alcohol and Drug Tests) Rule 2015 is repealed.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument preserves the existing statutory scope of tests under the Australian Border Force Act 2015 (see s4) and continues prior authorisations and certificates (transitional savings at s22). It updates operational details—device approvals (s8), technical standards for urine/oral fluid (s20), training unit references (s14, s21) and administrative procedures—without expanding the classes of persons or the kinds of tests governed by the Act. The 2015 Rules are repealed and replaced with these updated mechanics (s24)."},"complexity_factors":["Statutory cross‑referencing and legal gatekeeping: rules operate under the Australian Border Force Act 2015 and must be read with that Act (authority: s3; outline: s4).","Detailed authorisation regime and administrative discretion: the Secretary has written authorisation powers for individuals and companies (s6(3)), and must issue certificates to authorised testers and laboratories (s6(4)‑(5), s7(4)‑(5)).","Multiple actor types and role‑specific requirements: different permitted testers (officers of Customs, police, medical practitioners, registered/enrolled nurses, company staff) and laboratories with distinct functions (s6(2) table; s7(2)‑(4)).","Prescriptive technical controls and approved devices: a fixed list of approved devices for breath, urine and oral fluid tests is specified (s8), and collection/analysis of urine and oral fluid must follow specified AS/NZS standards (s20(1)‑(2)).","Training and certification requirements: officers of Customs must complete a specific competency unit (HLTPAT005) for several roles (s14, s21), creating a measurable compliance burden for personnel.","Chain of custody and sample handling rules: two equal portions in sealed containers, lab transmission, sealed reserve sample for independent testing, and lab analyst duties (s16‑s17, s19).","Recordkeeping, retention and destruction rules with conditional exceptions: secure storage requirements, fixed destruction timelines (28 days or up to 2 years) and narrow retention exceptions for anonymised statistics and security vetting (s11(1)‑(5)).","Disclosure limits and permitted uses: strict limits on who may disclose test information and for what purposes (investigation, discipline, medical treatment with incapacity, consent, security vetting) (s12).","Dispute and independent testing pathway: certified reporting by the accredited analyst, 6‑month window to obtain the sealed second container and rights to nominate an alternative accredited lab (s18(3), s19).","Transitional and repeal mechanics: repeal of the 2015 rule with carry‑over of existing authorisations and certificates, requiring careful administrative mapping (s22‑s24)."],"plain_english_summary":"This instrument prescribes who may conduct and analyse alcohol and drug tests of Immigration and Border Protection workers, which devices and technical standards are approved, and the step‑by‑step procedures for collecting, transporting, analysing, storing, disclosing and destroying samples. It implements the testing framework under the Australian Border Force Act 2015.\n\nIt affects Immigration and Border Protection workers, officers of Customs, authorised companies and accredited laboratories because it creates authorisation and training requirements, chain‑of‑custody and retention rules, certificates and a right to independent retesting."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of regulating alcohol and drug testing for Immigration and Border Protection workers. It replaces the 2015 Rules with updated standards and devices but does not expand beyond the testing framework established in the Australian Border Force Act 2015. The scope is procedural and administrative rather than substantive."},"complexity_factors":["24 sections across 7 Parts with multiple Divisions, creating a moderately structured but navigable framework","Extensive cross-referencing to the Australian Border Force Act 2015 (the parent Act) – sections 34, 35, 36, 38, 39, and 58 are referenced throughout","Tabular definitions for 'authorised tester' with 5 different purposes, each with multiple categories of authorised individuals and company contractors","Incorporation of external standards by reference (AS/NZS 4308:2023 and AS/NZS 4760:2019) without reproducing their content","Conditional destruction timeframes with exceptions (28 days vs 2 years depending on results, plus exceptions for statistical databases and security vetting)","Transitional provisions that map old rule authorisations to new rule equivalents with specific subsection correspondences","Multiple certificate requirements with detailed mandatory content (subsections 13(6) and 18(2) list 8 specific items each)"],"plain_english_summary":"This law establishes a consistent framework for drug and alcohol testing of Australian Border Force and immigration staff, specifying who may test (trained customs officers, medical professionals, authorised contractors), which devices and standards apply, and how samples must be collected, stored, analysed and destroyed.  \n\nIt protects privacy and fair process by limiting who can access results, permitting independent retests of sealed backups, requiring respectful collection practices, and aligning testing with recognised AS/NZS standards."}},"importantCases":[],"_links":{"self":"/api/acts/australian-border-force-alcohol-and-drug-tests-rules-2025","history":"/api/acts/australian-border-force-alcohol-and-drug-tests-rules-2025/history","analysis":"/api/acts/australian-border-force-alcohol-and-drug-tests-rules-2025/analysis","conflicts":"/api/acts/australian-border-force-alcohol-and-drug-tests-rules-2025/conflicts","importantCases":"/api/acts/australian-border-force-alcohol-and-drug-tests-rules-2025/important-cases","documents":"/api/acts/australian-border-force-alcohol-and-drug-tests-rules-2025/documents"}}