13KASecurity and destruction of records relating to body samples from alcohol screening tests, breath tests, blood tests and drug tests

#### 13KA Security and destruction of records relating to body samples from alcohol screening tests, breath tests, blood tests and drug tests (1) This regulation applies in relation to a record of a body sample that is relevant to an alcohol screening test, a breath test, a blood test or a prohibited drug test conducted for the purposes of subregulation 5A(1) or subsection 40LA(1), 40M(1) or 40N(1), (2) or (4) of the Act in relation to an AFP appointee. (2) The record must be kept in a secure location until such time as it is destroyed in accordance with this regulation. (3) The record must be destroyed if: (a) the body sample did not indicate the presence of alcohol or prohibited drugs; and (b) the AFP appointee who provided the body sample ceases, for any reason, to be an AFP appointee. (4) A record of a body sample that must be destroyed under subregulation (3) must be destroyed as soon as practicable after the AFP appointee who provided the body sample ceases to be an AFP appointee. (5) Despite subregulations (3) and (4), the record need not be destroyed if: (a) it relates to any of the following: (i) the detection of alcohol or prohibited drugs; (ii) the name of any prohibited drugs detected; (iii) the quantity of any alcohol or prohibited drugs detected; (iv) how a body sample was provided or analysed; (v) whether a urine sample was provided, or analysed, in accordance with the standard mentioned in regulation 13V; and (b) it is used for compiling a statistical database; and (c) it does not include information that may be used to identify the AFP appointee who provided the body sample to which the record relates. (6) A record that is retained in accordance with subregulation (5) must be destroyed no later than the day determined, in writing, by the Commissioner.