Victorian Current Acts

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Rail safety worker may request sample of blood to be taken for analysis

    (1)     This section applies if—

        (a)     a rail safety worker is required under section 83(1) to submit to testing by means of a breath analysis; and

        (b)     the rail safety worker does so by furnishing a sample of breath for analysis in accordance with section 85.

    (2)     The rail safety worker may, immediately after being given the certificate referred to in section 85(8), request the transport safety officer or police officer making the requirement to arrange for the taking in the presence of a transport safety officer or police officer of a sample of the rail safety worker's blood for analysis at the rail safety worker's own expense by a registered medical practitioner or an approved health professional nominated by the officer.

S. 86E(3) repealed by No. 68/2017 s. 101.

    *     *     *     *     *

    (4)     Nothing in subsection (2) relieves a rail safety worker from any penalty under section 83(3).

S. 86F inserted by No. 23/2013 s. 89.

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