EXPLANATORY STATEMENT
Defence Determination (Prohibited Substances – Authorised Persons) 2019/1
Part VIIIA of the Defence Act 1903 (the Act) provides for a comprehensive regime for the drug testing of the Australian Defence Force (ADF).
Section 93A of the Act provides that the Chief of the Defence Force may determine by legislative instrument that a person is an authorised person for the purposes of Part VIIIA of the Act.
The purpose of this Determination is to determine persons who are authorised persons for the purpose testing for prohibited substances.
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 section 93A of the Defence Act 1903.
Section 4 provides that this instrument repeals Defence Determination (Prohibited Substances - Authorised Persons) 2019, signed 7 March 2019.
Section 5 provides authorised persons for the purpose of testing for prohibited substances.
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: Section 93A 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 – Authorised Persons) 2019/1
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 determine persons who are authorised persons for the purpose testing for prohibited substances.
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