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RAIL SAFETY (LOCAL OPERATIONS) ACT 2006 - SECT 77

Additional offences involving alcohol and drugs

    (1)     A rail safety worker is guilty of an offence if he or she—

        (a)     carries out rail safety work while more than the prescribed concentration of alcohol is present in his or her breath; or

        (b)     carries out rail safety work while impaired by a drug; or

        (c)     refuses or fails to comply with a direction under section 85(10); or

        (d)     refuses to undergo an assessment of drug impairment in accordance with sections 86B and 86C when required under that section to do so or refuses to comply with any other requirement made under section 86B(1); or

S. 77(1)(da) inserted by No. 68/2017 s. 95(1).

        (da)     refuses to provide a sample of oral fluid in accordance with section 86CB when required under that section to do so or refuses to comply with any other requirement made under that section; or

S. 77(1)(e) amended by No. 68/2017 s. 95(2).

        (e)     refuses to comply with a requirement made under section 86D(2) or (3); or

        (f)     within 3 hours after having carried out rail safety work furnishes a sample of breath for analysis by a breath analysing instrument under a direction under section 85 and—

              (i)     the result of the analysis as recorded or shown by the breath analysing instrument indicates that more than the prescribed concentration of alcohol is present in his or her breath; and

              (ii)     the concentration of alcohol indicated by the analysis to be present in his or her breath was not due solely to the consumption of alcohol after having carried out the rail safety work; or

        (g)     has had a sample of blood taken from him or her in accordance with section 86H within 3 hours after having carried out rail safety work and—

              (i)     the sample has been analysed within 12 months after it was taken by a properly qualified analyst within the meaning of section 86I and the analyst has found that at the time of analysis more than the prescribed concentration of alcohol was present in that sample; and

              (ii)     the concentration of alcohol found by the analyst to be present in that sample was not due solely to the consumption of alcohol after having carried out the rail safety work.

    (2)     A rail safety worker who is guilty of an offence under subsection (1) is liable to a fine not exceeding $10 000.

    (3)     It is a defence to a charge under subsection (1)(f) for the person charged to prove that the breath analysing instrument used was not on that occasion in proper working order or properly operated.

    (4)     It is a defence to a charge under subsection (1)(g) for the person charged to prove that the result of the analysis was not a correct result.

S. 78 substituted by No. 23/2013 s. 89.



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