36Alcohol screening, breath or blood test or prohibited drug test—certain incidents

#### 36 Alcohol screening, breath or blood test or prohibited drug test—certain incidents (1) An authorised person may give an Immigration and Border Protection worker a written direction requiring the worker to do one or more of the following if subsection (2) or (3) applies: (a) undergo an alcohol screening test; (b) undergo an alcohol breath test; (c) provide a body sample of a kind specified in the direction for a prohibited drug test. Person killed or seriously injured in an incident involving a motor vehicle or vessel or while detained (2) This subsection applies if: (a) one of the following applies: (i) a person is killed or seriously injured as a result of an incident involving a motor vehicle or vessel; (ii) an incident occurs in which a person is killed or seriously injured while the person is held in custody in relation to an arrest under the Customs Act 1901, the Migration Act 1958 or the Maritime Powers Act 2013 or otherwise detained under any of those Acts; (iii) an incident occurs in which a person is killed or seriously injured while the person is an unauthorised maritime arrival and is being taken to a regional processing country under section 198AD of the Migration Act 1958; and (b) the worker is directly involved in the incident in the course of performing his or her duties as an Immigration and Border Protection worker. Person killed or seriously injured by a firearm discharging or physical force (3) This subsection applies if: (a) all of the following apply: (i) the worker is an officer authorised to carry arms within the meaning of section 189A of the Customs Act 1901; (ii) an incident occurs in which a person is killed or seriously injured as a result of the discharge of a firearm by the worker; (iii) the incident occurs in the course of the worker performing his or her duties as an Immigration and Border Protection worker; or (b) both of the following apply: (i) an incident occurs in which a person is killed or seriously injured as a result of the application of physical force by the worker; (ii) the incident occurs in the course of the worker performing his or her duties as an Immigration and Border Protection worker. Direction to be given as soon as practicable after the incident (4) A direction under subsection (1) must be given as soon as practicable after the incident concerned and may be given whether or not the worker is still performing his or her duties as an Immigration and Border Protection worker. Provision of blood or body sample while in hospital (5) If: (a) an Immigration and Border Protection worker is involved in an incident referred to in subsection (2) or (3); and (b) the worker attends or is admitted to a hospital for examination or treatment because of the incident; an authorised person may give the worker a written direction requiring the worker to do either or both of the following: (c) provide a sample of his or her blood for the purpose of an alcohol blood test; (d) provide a body sample of a kind specified in the direction for a prohibited drug test. Compliance with direction (6) An Immigration and Border Protection worker must comply with a direction given to him or her under this section. > 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 (6) 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 (6) of this section.