Victorian Numbered Acts

RAIL SAFETY NATIONAL LAW APPLICATION ACT 2013 (NO. 22 OF 2013) - SECT 94

In section 208 of the Transport (Compliance and Miscellaneous) Act 1983 , for the definition of safety work infringement substitute —

""safety work infringement" means—

        (a)     an offence under section 76(1)(a), (g) or (h) of the Rail Safety (Local Operations) Act 2006 in circumstances where—

              (i)     the concentration of alcohol in the blood or breath of the rail safety worker is less than 0·015 grams per 100 millilitres of blood or 0·015 grams per 210 litres of exhaled air (as the case requires); and

              (ii)     the offence is a first offence having regard to the provisions of section 74 of the Rail Safety (Local Operations) Act 2006 ;

        (b)     an offence against section 128(1) of the Rail Safety National Law (Victoria) or section 77(1)(a), (f) or (g) of the Rail Safety (Local Operations) Act 2006 (as it forms part of the Rail Safety National Law Application Act 2013 by operation of section 43 of that Act) in circumstances where—

              (i)     the concentration of alcohol in the blood or breath of the rail safety worker is less than 0·015 grams per 100 millilitres of blood or 0·015 grams per 210 litres of exhaled air (as the case requires); and

              (ii)     the offence is a first offence having regard to the provisions of section 74 of the Rail Safety (Local Operations) Act 2006 (as it forms part of the Rail Safety National Law Application Act 2013 by operation of section 43 of that Act);".