99.330 Refusing or failing to give a body sample
(1) A person must not refuse or fail to give a body sample to an approved tester for a drug or alcohol test under Subpart 99.C if:
(a) the person is performing or available to perform an applicable SSAA;and
(b) at the time the person is performing or available to perform the
applicable SSAA, the person is required to give a body sample for a drug
or alcohol test by the approved tester; and
(c) the approved tester, in requiring and taking or seeking to take the body
sample, complies with the requirements of this Part or any legislative
instrument made under this Part.
Penalty: 50 penalty units.
(2) It is a defence to subregulation (1) if a person failed to give a body sample because the person had a medical condition that rendered the person unable to give the body sample.
(3) An offence against subregulation (1) is an offence of strict liability.
SSAA means a safety-sensitive aviation activity.