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RAIL SAFETY (LOCAL OPERATIONS) ACT 2006 - SECT 84

Additional matters for preliminary breath tests

    (1)     This section applies if a rail safety worker is required by a transport safety officer or police officer to submit to testing by means of a preliminary breath test under section 83(1).

    (2)     The rail safety worker must undergo a preliminary breath test by exhaling continuously into a prescribed device to the satisfaction of the transport safety officer or police officer.

    (3)     However, the rail safety worker is not obliged to submit to testing by means of a preliminary breath test under section 83 if more than 3 hours have passed since the rail safety worker last carried out rail safety work.

    (4)     A rail safety worker who, in the course of a period of duty is unexpectedly required to carry out rail safety work, may request a transport safety officer to conduct on him or her a preliminary breath test by a prescribed device.

    (5)     A transport safety officer must comply with a request made under subsection (4).

Penalty:     $10 000.

    (6)     The result of a preliminary breath test conducted under section 83 and this section is not admissible against the rail safety worker tested in a proceeding for an offence against section 76(1) or section 77(1).

    (7)     However, the result of a preliminary breath test that was conducted under section 83 and this section is admissible against the rail safety worker tested in a disciplinary proceeding unless the test was conducted at the request of the rail safety worker under subsection (4).

    (8)     A police officer who conducts a preliminary breath test under this section must ensure that the operation of a railway is disrupted no more than is reasonably necessary as a result of the testing.

S. 85 substituted by No. 23/2013 s. 89.



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