New South Wales Consolidated Regulations

CRIMES (ADMINISTRATION OF SENTENCES) REGULATION 2014 - REG 256

256 Interpretation

(1) In this Part--

"approved counsellor" means a counsellor approved for the purposes of this Part by the Commissioner.

"AS/NZS 4308" means Australian/New Zealand Standard AS/NZS 4308:2008, Procedures for specimen collection and the detection and quantitation of drugs of abuse in urine as in force on 1 September 2014.

"disciplinary procedure" means any procedure of a disciplinary nature or other related proceedings relating to a contravention of a provision of this Part and includes, but is not limited to, proceedings or action under section 68 or 69 of the Government Sector Employment Act 2013 .

"member of correctional staff" has the same meaning as it has in Division 5 of Part 11 of the Act.

"misbehaviour with alcohol" means misbehaviour with a contravention of clause 259.

"misbehaviour with drugs" means misbehaviour with a contravention of clause 260.

"prescribed concentration of alcohol" means a concentration of 0.02 grams or more of alcohol in 210 litres of breath or 100 millilitres of blood.

"sample" , in relation to a non-invasive sample, includes, if the sample is divided into portions, a portion of the sample.

(2) In this Part, a member of correctional staff
"presents for duty" when the member of staff is present at the staff member's place of work and about to go on duty.

(3) In this Part, a member of correctional staff
"tests positive for alcohol" if a test conducted under Division 5 of Part 11 of the Act indicates that the prescribed concentration of alcohol was present in his or her breath or blood--

(a) when the staff member presented for duty, or

(b) while the staff member was on duty.

(4) In this Part, a member of correctional staff
"tests positive for prohibited drugs" if a test conducted under Division 5 of Part 11 of the Act indicates that the staff member had a prohibited drug present in any of his or her biological material--

(a) when the staff member presented for duty, or

(b) while the staff member was on duty.

(5) In this Part, a reference to a non-invasive sample does not include a reference to a sample of breath taken by breath test or breath analysis.