CIVIL AVIATION ACT 1988 - SECT 33 Definitions

CIVIL AVIATION ACT 1988 - SECT 33

  (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).