13KSecurity and destruction of body samples

#### 13K Security and destruction of body samples (1) This regulation applies in relation to a body sample that was provided by an AFP employee or a special member for the purpose of a blood test or a prohibited drug test conducted for the purposes of subregulation 5A(1) or subsection 40M(1) or 40N(1), (2) or (4) of the Act. (2) The body sample must be kept in a secure location until such time as it is destroyed in accordance with this regulation. (3) The body sample must be destroyed: (a) if the body sample indicates the presence of alcohol or prohibited drugs—no later than 3 years after the day the test was conducted; or (b) in any other case—no later than 28 days after the day the test was conducted. (4) However, if the body sample is of a kind mentioned in paragraph (3)(a), it need not be destroyed if the Commissioner determines, in writing, that it should be retained, for such longer period as specified in the determination, for the purpose of: (a) determining whether the AFP employee or special member who provided the body sample (or any other AFP employee or special member) has committed an offence or failed to comply with AFP professional standards; or (b) assessing the continuing suitability of, as the case requires: (i) the AFP employee for employment as an AFP employee; or (ii) the special member for appointment as a special member; or (c) use in any of the following: (i) proceedings in relation to a decision of the Commissioner to terminate the employment of the AFP employee or the appointment of the special member; (ii) proceedings under the Safety, Rehabilitation and Compensation Act 1988; (iii) proceedings in tort against the Commonwealth that are instituted by the AFP employee or special member. > Note: Information about a body sample of an AFP employee or a special member that indicates the presence of alcohol or prohibited drugs may be provided to certain Commonwealth, State and Territory law enforcement, national security and anti‑corruption bodies for the purposes of security and character clearances and for intelligence gathering in relation to criminal activities (see subregulation 13L(2)). (5) A body sample that is retained for a longer period in accordance with subregulation (4) must be destroyed no later than the last day of the longer period. (6) This regulation does not apply to an unanalysed body sample. > Note: An unanalysed body sample may be destroyed if it is not collected by the AFP employee or special member within 6 months of being informed of the result of the blood test or prohibited drug test (see subregulation 13T(3)).