{"id":"F2017L01017","name":"Defence (Prohibited Substance Tests) Determination 2017","slug":"defence-prohibited-substance-tests-determination-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439288,"registerId":"F2017L01017-fast-fetch-1775955372309","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence (Prohibited Substance Tests) Determination 2017","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nDefence (Prohibited Substance Tests) Determination 2017\n\nI, Mark Binskin AC, Chief of the Defence Force, make the following determination.\n\nDated 9 August 2017\n\nMark Binskin AC  Chief of the Defence Force\n\n \n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Prohibited substance tests\n\n \n\n1  Name\n\n  This instrument is the Defence (Prohibited Substance Tests) Determination 2017.\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 The day after this instrument is registered. 15 August 2017\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 subsection 93B(2) of the Defence Act 1903.\n\n4  Prohibited substance tests\n\n  A test is a prohibited substance test for the purposes of Part VIIIA of the Defence Act 1903 if it involves testing a sample of hair or saliva.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The instrument remains tightly scoped to its original purpose: defining the types of biological samples permitted for prohibited substance testing under Part VIIIA of the Defence Act 1903. It has not expanded beyond this narrow definitional role."},"complexity_factors":["Extremely short instrument: only 4 operative sections","No defined terms section","No cross-references to other legislation beyond the enabling provision (Defence Act 1903, subsection 93B(2))","Single substantive provision (section 4) with straightforward definition","No conditional logic, exceptions, or procedural requirements"],"plain_english_summary":"This 2017 determination by the Chief of the Defence Force defines which drug-test types count as a \"prohibited substance test\" under Part VIIIA of the Defence Act 1903. It authorises only hair and saliva testing for ADF members.\n\nIt affects service personnel and those running testing programs by limiting the biological samples legally usable for military drug testing."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument itself defines which sample types count as prohibited substance tests; the text shows no amendment to or removal of that scope from the instrument as originally made. The commencement table notes it applies from the day after registration (15 August 2017) and the instrument does not record subsequent changes."},"complexity_factors":["Very short instrument with four clauses (Name, Commencement, Authority, Prohibited substance tests).","Single substantive rule: expands the definition of a prohibited substance test to include hair or saliva samples (section 4).","Cross-reference to external statute (Defence Act 1903, Part VIIIA and subsection 93B(2)) requires reading the parent Act to see legal consequences (section 3).","Commencement timing is explicit and simple (section 2): operative the day after registration (15 August 2017).","No procedural, evidential, or enforcement details in the instrument — low internal operational complexity but potential external implementation questions lie with the Defence Act and operational policies."],"plain_english_summary":"This Determination, made under subsection 93B(2) of the Defence Act 1903, specifies that — for the purposes of Part VIIIA of the Defence Act — a “prohibited substance test” is any test that involves analysing a hair sample or a saliva sample. It commenced the day after registration (15 August 2017) and thus operates only to treat those two sample types as falling within the Act’s definition of a prohibited substance test."}},"importantCases":[],"_links":{"self":"/api/acts/defence-prohibited-substance-tests-determination-2017","history":"/api/acts/defence-prohibited-substance-tests-determination-2017/history","analysis":"/api/acts/defence-prohibited-substance-tests-determination-2017/analysis","conflicts":"/api/acts/defence-prohibited-substance-tests-determination-2017/conflicts","importantCases":"/api/acts/defence-prohibited-substance-tests-determination-2017/important-cases","documents":"/api/acts/defence-prohibited-substance-tests-determination-2017/documents"}}