(1) A rail safety worker required to provide a sample of oral fluid under section 86CB must do so by placing the prescribed device, or the collection unit of the device, into the worker's mouth and carrying out the physical actions that are necessary to ensure that, in the opinion of the transport safety officer or police officer to whom the sample is being provided, a sufficient sample of oral fluid has been captured by the device or unit.
(2) A transport safety officer or police officer who requires a rail safety worker to provide a sample of oral fluid under section 86CB may give any reasonable direction as to the physical actions that are necessary for the sample to be provided.
(3) A rail safety worker is not obliged to provide a sample of oral fluid under section 86CB if more than 3 hours have passed since the worker—
(a) last carried out or attempted to carry out rail safety work; or
(b) was involved in a prescribed notifiable occurrence.
(4) The provision of a sample of oral fluid under this section must be carried out in accordance with the prescribed procedure.
(5) A rail safety worker must not be convicted or found guilty of refusing to provide under section 86CB a sample of oral fluid if the worker satisfies the court that there was some reason of a substantial character for the refusal, other than a desire to avoid providing information which might be used against the worker.
(6) A device prescribed for the purposes of the collection of a sample of oral fluid may be comprised of a collection unit and a testing unit and one or more other parts.
S. 86CD inserted by No. 68/2017 s. 99.