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

Destruction of identifying information

    (1)     In this section, relevant offence means—

        (a)     an offence under section 77(1)(b) or (e) or section 86A(3); or

        (b)     any other offence arising out of the same circumstances; or

        (c)     any other offence in respect of which the evidence obtained as a result of the assessment of drug impairment has probative value.

    (2)     If a rail safety worker submits to an oral fluid analysis or blood test (or a combination of these) under section 86A(1) or an assessment of drug impairment has been carried out on the rail safety worker under sections 86B and 86C and—

S. 86G(2)(a) amended by No. 21/2015 s. 3(Sch. 1 item 44.3).

        (a)     the rail safety worker has not been charged with a relevant offence at the end of the period of 12 months after the submission to oral fluid analysis or blood test or the assessment of drug impairment (as the case requires); or

        (b)     the rail safety worker has been so charged but the charge is not proceeded with, the prosecution for the offence is discontinued or the rail safety worker is not found guilty of the offence, whether on appeal or otherwise, before the end of that period—

the Safety Director or Chief Commissioner of Police (as the case requires) must, subject to subsection (4), destroy, or cause to be destroyed, at the time specified in subsection (3) any video recording made of the assessment and any related material and information.

    (3)     A video-recording and any related material and information referred to in subsection (2) must be destroyed—

        (a)     in a case to which subsection (2)(a) applies, immediately after that period of 12 months; or

        (b)     in a case to which subsection (2)(b) applies—

              (i)     within 1 month after the conclusion of the proceeding and the end of any appeal period; or

              (ii)     if the proceeding has been adjourned under section 75 of the Sentencing Act   1991 , within 1 month after dismissal under that section.

    (4)     A transport safety officer or police officer may, before the end of a period referred to in subsection (3)(b), apply without notice to the Magistrates' Court for an order extending that period and, if the Court makes such an order, the reference to the period in subsection (3) is a reference to that period as so extended.

    (5)     If the Magistrates' Court makes an order under subsection (4), it must give reasons for its decision and cause a copy of the order to be served on the person on whom the assessment of drug impairment was carried out.

    (6)     If a video-recording or related material and information is required to be destroyed in accordance with this section, the Safety Director or Chief Commissioner of Police (as the case requires) must, if the rail safety worker on whom the assessment was carried out so requests, within 14 days after receiving the request, notify that rail safety worker in writing whether the destruction has occurred.

    (7)     A person who knowingly—

        (a)     fails to destroy; or

        (b)     uses, or causes or permits to be used—

a video-recording or related material and information required by this section to be destroyed is guilty of an offence punishable by a fine of not more than 120 penalty units or to imprisonment for a term of not more than 12 months.

    (8)     A person who at any time uses, or causes or permits to be used, or otherwise disseminates information derived from any video-recording or related material and information required by this section to be destroyed except in good faith for the purposes of a relevant offence is guilty of an offence punishable by a fine of not more than 120 penalty units or to imprisonment for a term of not more than 12 months.

S. 86H inserted by No. 23/2013 s. 89.



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