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RAIL SAFETY (LOCAL OPERATIONS) ACT 2006 - SECT 86CG

Evidentiary matters relating to oral fluid analysis

    (1)     Evidence derived from a sample of oral fluid provided following a requirement made under section 86CB or 86CF is not rendered inadmissible by a failure to comply with a request under section 86CE if reasonable efforts were made to comply with the request.

    (2)     In any proceeding under this Act, the following are admissible in evidence and, in the absence of evidence to the contrary, are proof of the authority of the transport safety officer or police officer (as the case requires)—

        (a)     the statement of a transport safety officer that on a particular date that officer was authorised for the purposes of section 86CA;

        (b)     a certificate purporting to be signed by the Safety Director or the National Rail Safety Regulator that a transport safety officer named in it was authorised for the purposes of section 86CA;

        (c)     the statement of a transport safety officer or police officer that on a particular date the officer was authorised for the purposes of section 86CB(8);

        (d)     a certificate purporting to be signed by the Safety Director, the National Rail Safety Regulator or the Chief Commissioner of Police that a transport safety officer or police officer named in it is authorised for the purposes of section 86CB(8).

S. 86D inserted by No. 23/2013 s. 89, substituted by No. 68/2017 s. 100.



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