EXPLANATORY STATEMENT

Defence Determination (Prohibited Substances) 2019

Part VIIIA of the Defence Act 1903 (the Act) provides for a comprehensive regime for the drug testing of the Australian Defence Force (ADF).

Subsection 93B(1) of the Act provides that the Chief of the Defence Force may determine by legislative instrument that a substance, or a substance included in a class of substances, is a prohibited substance for the purpose of Part VIIIA of the Act.

The purpose of this Determination is to update the types of substances for which members of the ADF may be tested.

Section 1 of this Determination sets out the manner in which this Determination may be cited.

Section 2 provides that this instrument commences on the day after registration.

Section 3 provides that this instrument has authority under subsection 93B(1) of the Defence Act 1903.

Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Section 5 provides the Definitions in this instrument. Specifically the incorporation of the following documents:

• The Prohibited List as in force at 1 January 2019 and freely accessible at the World Anti-Doping Agency website www.wada-ama.org.
• The Poisons Standard February 2019 as in force at 1 February 2019 and freely accessible at the Federal Register of Legislation-Australian Government website www.legislation.gov.au/.

Section 6 determines the prohibited substances for the purpose of prohibited substance testing.

Consultation

Before this Determination was made, consultation was undertaken with Director Military Personnel Policy, Director Navy People Policy and Governance, Director General Career Management – Army, Director General Personnel – Air Force, Director General Health Policy Programs and Assurance, the Centre for Mental Health, Joint Health Command and Defence Legal Division. The rulemaker was satisfied that further external consultation was not required.

Authority:  Subsection 93B(1) of
the Defence Act 1903

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Defence Determination (Prohibited Substances) 2019

This Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Determination

The purpose of this Determination is to revise the types of substances for which members of the ADF may be tested.

Conclusion

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 as it does not engage any human rights.

Angus J Campbell, General, Chief of the Defence Force