New South Wales Consolidated Regulations
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RAIL SAFETY (ADOPTION OF NATIONAL LAW) REGULATION 2018
- Made under the Rail Safety (Adoption of National Law) Act 2012
- As at 28 July 2023
- Reg 396 of 2018
TABLE OF PROVISIONS
PART 1 - PRELIMINARY
1. Name of Regulation
2. Commencement
3. Definitions
PART 2 - DRUG AND ALCOHOL TESTING
Division 1 - Provisions relating to drug and alcohol offences
4. No duplicity where more than one drug alleged
5. Measurement of alcohol concentrations
6. Test results may not be used for offence where worker had not commenced work
Division 2 - Testing for alcohol or other drugs
7. Random and targeted testing of rail safety workers
8. Restrictions on requiring breath test, sobriety assessment, breath analysis or sample
9. Supervisee may perform functions of authorised sample taker or authorised person
10. Sobriety assessment if breath testing device not available
11. Breath analysis of rail safety workers following breath testing
12. Oral fluid analysis following drug screening test or request
13. Samples taken at hospitals from rail safety workers involved in accidents in carrying out rail safety work
14. Additional circumstances when blood or urine samples may be taken
15. Taking of blood samples or urine
16. Action to be taken with respect to blood samples
17. Taking and dealing with oral fluid samples
18. Action to be taken with respect to urine samples
19. Analysis of samples
20. Authorised sample takers and authorised persons--protection from liability
Division 3 - Offences relating to testing for alcohol or other drugs
21. Additional offences relating to testing
22. Interfering with results of test
23. Taking of samples
24. (Repealed)
Division 4 - Admission of evidence in proceedings
25. Evidence of concentration of alcohol in breath or blood determined by breath analysis
26. Evidence of presence of drugs in proceedings for offence of having drug in blood or oral fluid
27. Evidence of presence of drugs in proceedings for offence of being under influence of alcohol or drug
Division 5 - Certificate evidence
28. Certificate evidence about breath analysing instruments
29. Certificate evidence about the taking and analysis of samples
30. Certificate evidence may specify minimum concentrations
PART 3 - MISCELLANEOUS
31. Train communications systems
32. Exemptions
33. Repeal and savings
SCHEDULE 1
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