8Security and destruction of body samples and other records

8 Security and destruction of body samples and other records

(1) A body sample or other record that is relevant to a breath test, blood test or prohibited drug test conducted for section 16B, 16C or 16D of the Act must be kept in a secure location unless it is destroyed in accordance with this section. (2) A body sample mentioned in subsection (1) must be destroyed: (a) if the sample indicates the presence of alcohol or prohibited drugs—no later than 2 years from the day the test was conducted; and (b) otherwise—no later than 28 days after the day the test was conducted. (3) Any other record mentioned in subsection (1) must be destroyed as soon as practicable after the Customs worker to whom the record relates ceases, for any reason, to be a Customs worker. (4) Despite subsections (2) and (3), information obtained from the analysis of a sample may be retained if the information: (a) 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 urine sample was provided or analysed; (v) whether a urine sample was provided, or analysed, in accordance with the standard mentioned in section 18; and (b) is used for compiling a statistical database; and (c) does not include information that may be used to identify the Customs worker who provided the sample. (5) Despite subsections (2) and (3), information obtained from the analysis of a sample may be retained if: (a) the information relates to the detection of alcohol or prohibited drugs; and (b) the purpose of retaining the information is so that it can be provided to an Agency as part of security vetting of the Customs worker to whom the record relates.