Section 263 — Social Security Act 2018: How person recomplies after failure to comply with drug-testing obligation

263 How person recomplies after failure to comply with drug-testing obligation (1) In this section, drug test failure means a failure by a person ( P ) to comply with a drug-testing obligation. (2) In the case of a first drug test failure within a 12–month period, P recomplies if P undertakes, in a manner that is satisfactory to MSD, not to use any controlled drugs (except any particular controlled drugs that are lawfully prescribed, and only at the dosage that is lawfully prescribed, for P by a health practitioner). (3) In the case of a second drug test failure within a 12-month period of the first failure, P recomplies if P undertakes, in manner satisfactory to MSD, to undergo drug-testing in accordance with section 264 . (4) MSD must take reasonable and appropriate steps to make a person who has given an undertaking under subsection (3) aware of the following matters: (a) the consequences of failing to comply with the undertaking; and (b) the location of an appropriate drug-testing provider; and (c) the matters in sections 264(5) and 266 (which relate to the costs of drug testing for the purpose of recompliance). Compare: 1964 No 136 s 122(3), (5)