439. Drug and alcohol testing of suspected offenders.

Where:

  1.  

    (1)     the commanding officer1 of a person subject to service law2 has reasonable cause to believe that that person is committing a safety-critical duty offence3;

  2.  

    (2)     the commanding officer of a person who is a civilian subject to service discipline4 has reasonable cause to believe that that person is committing an offence5 which is a maritime or aviation offence6; or

  3.  

    (3)     in either case, the commanding officer of such a person has reasonable cause to believe that the person has committed such an offence and still has alcohol or a drug