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RAIL SAFETY (LOCAL OPERATIONS) ACT 2006 - SECT 78

Additional circumstances when rail safety workers may be convicted or found guilty

A rail safety worker may be convicted or found guilty of an offence under section 83(3), 77(1)(d) or 86A(3) even if—

        (a)     in the case of an offence under section 83(3) constituted by a failure to submit to a preliminary breath test or breath analysis

              (i)     a breath analysing instrument was not available at the place where the requirement was made at the time it was made; or

              (ii)     a person authorised to operate a breath analysing instrument was not present at the place where the requirement was made at the time it was made;

        (b)     in the case of an offence under section 86A(3) constituted by a failure to submit to a drug screening test, oral fluid analysis or blood test (or any combination of these)—

              (i)     the transport safety officer or police officer requiring a sample of blood had not nominated a registered medical practitioner or approved health professional to take the sample; or

S. 78(b)(ii) substituted by No. 68/2017 s. 96(1).

              (ii)     if the worker was required under section 86CB(3) to provide a sample of oral fluid for analysis by a properly qualified analyst, the transport safety officer or police officer requiring a sample of oral fluid had not nominated a registered medical practitioner or approved health professional to whom the sample was to be furnished for analysis.

S. 78(b)(iii) repealed by No. 68/2017 s. 96(2).

    *     *     *     *     *

        (c)     in the case of an offence under section 77(1)(d)—

              (i)     a requirement to undergo an assessment of drug impairment was not made at a place where such an assessment could have been carried out; or

              (ii)     a person authorised to carry out an assessment of drug impairment was not present at the place where the requirement was made at the time it was made;

        (d)     in the case of an offence under section 86A(3)—

              (i)     a requirement to submit to a drug screening test, oral fluid analysis or blood test (or any combination of these) was not made at a place where such a test or analysis could have been carried out; or

              (ii)     a person authorised to carry out the drug screening test, oral fluid analysis or blood test was not present at the place where the requirement was made at the time it was made.

S. 79 substituted by No. 23/2013 s. 89.



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