34Alcohol screening test—suspicion that Immigration and Border Protection worker under the influence of alcohol

#### 34 Alcohol screening test—suspicion that Immigration and Border Protection worker under the influence of alcohol (1) An authorised person may require an Immigration and Border Protection worker to undergo an alcohol screening test if: (a) the worker is in the course of performing his or her duties as an Immigration and Border Protection worker; and (b) the authorised person reasonably suspects that the worker is under the influence of alcohol. Compliance with requirement (2) The worker must comply with a requirement given to him or her under subsection (1). > Note 1: See subsection 13(4) and sections 15, 28 and 29 of the Public Service Act 1999 for the consequences of an APS employee in the Department not complying with subsection (2) of this section. > Note 2: See section 57 of this Act for the termination of a person’s engagement as a consultant or contractor, or for the arranging of a person to cease to perform services for the Department, if the person does not comply with subsection (2) of this section. Return to duties (3) If the result of the alcohol screening test shows that alcohol is not present in the worker’s breath, he or she may return to his or her duties immediately. Relationship with section 35 (4) This section does not limit section 35.