33Definitions

33 Definitions

(1) In this Part:

body sample means any of the following:

(a) any human biological fluid;
(b) any human biological tissue (whether alive or not);
(c) any human breath.

drug or alcohol test means:

(a) a test of a body sample of a person to determine the presence (if any), but not the level, of alcohol or a testable drug in the sample; or
(b) a test of a body sample of a person to determine the presence (if any), and the level, of alcohol or a testable drug in the sample.

positive test result, in relation to a drug or alcohol test of a body sample, means a finding by the person or body who was authorised under the regulations to conduct the test that the test reveals:

(a) the presence of alcohol or a testable drug in the sample; and
(b) if the test determined the level of alcohol or testable drug in the sample and a permitted level for alcohol or that drug is specified in the regulations—that the permitted level has been exceeded.

safety‑sensitive aviation activities means activities that impact directly or indirectly on the safety of:

(a) civil air operations in Australian territory; or
(b) the operation of Australian aircraft outside Australian territory.

testable drug means a drug specified in an instrument under subsection (2).

(2) The Minister may, by legislative instrument, specify a drug for the purposes of the definition of testable drug in subsection (1).