Commonwealth legislation

Defence Determination (Prohibited Substances - Authorised Persons) 2019

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

This instrument lists which senior ADF officers may legally order personnel to undergo drug and alcohol testing. It affects all ADF members who could be tested and the commanders who can authorise tests. By concentrating authority in senior command, it limits arbitrary invasive testing while ensuring the Service can enforce its drug and alcohol policies.

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Current sections

Direct links to the current provisions in Defence Determination (Prohibited Substances - Authorised Persons) 2019.

Name

1 Name

This instrument is Defence Determination (Prohibited Substances - Authorised Persons) 2019.

Commencement

2 Commencement

This instrument commences on the day after registration.

Authority

3 Authority

This instrument is made under subsection 93A of the Defence Act 1903.

Authorised persons

4 Authorised persons

The following persons are authorised persons:

Vice Chief of the Defence Force;
Commander Joint Operations;
Deputy Commander Joint Operations;
Commander of a Joint Task Force holding a rank specified at item 5 of the table in subsection 1(1) of Schedule 1 to the Defence Act 1903.

The following persons are authorised persons for the purposes a member in the Royal Australian Navy:

Chief of Navy;
Deputy Chief of Navy;
Director General Navy People;
Commander Australian Fleet;
Head Navy People Training and Resources;
Commodore Training;
Commander Surface Force;
Commander Fleet Air Arm;
Commodore Warfare;
Commander Information Warfare Force;
Deputy Fleet Commander;
Chief of Staff Navy Headquarters.

The following persons are authorised persons for the purposes a member in the Australian Army:

Chief of Army
Deputy Chief of Army
Chief of Staff Army Headquarters
Director General Army People Capability

The following persons are authorised persons for the purposes a member in the Royal Australian Air Force:

Chief of Army
Deputy Chief of Air Force
Director General Personnel – Air Force

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.