In proceedings for an offence under section 77(1)(b), proof that—
(a) the rail safety worker was carrying out rail safety work; and
(b) one or more drugs were present in the rail safety worker's body at the time at which he or she carried out rail safety work; and
(c) the behaviour of the rail safety worker on an assessment of drug impairment carried out on the worker was consistent with the behaviour usually associated with a person who has consumed or used that drug or those drugs; and
(d) the behaviour usually associated with a person who has consumed or used that drug or those drugs would result in the person being unable to carry out rail safety work properly—
is, in the absence of evidence to the contrary, proof that the rail safety worker carried out rail safety work while impaired by a drug.
S. 81 substituted by No. 23/2013 s. 89.