This legislation has been repealed.
- Made under the Rail Safety (Adoption of National Law) Act 2012 - As at 27 July 2018 - Reg 662 of 2012 TABLE OF PROVISIONS PART 1 - PRELIMINARY 1. Name of Regulation 2. Commencement 3. Definitions PART 2 - DRUG AND ALCOHOL TESTING Division 1 - Provisions relating to drug and alcohol offences 4. No duplicity where more than one drug alleged 5. Measurement of alcohol concentrations 6. Test results may not be used for offence where worker had not commenced work Division 2 - Testing for alcohol or other drugs 7. Random and targeted testing of rail safety workers 8. Restrictions on requiring breath test, sobriety assessment, breath analysis or sample 9. Supervisee may perform functions of authorised sample taker or authorised person 10. Assessment of sobriety if breath testing device not available 11. Breath analysis of rail safety workers following breath testing 12. Oral fluid analysis following drug screening test or request 13. Samples taken at hospitals from rail safety workers involved in accidents in carrying out rail safety work 14. Additional circumstances when blood or urine samples may be taken 15. Taking of blood samples or urine 16. Action to be taken with respect to blood samples 17. Taking and dealing with oral fluid samples 18. Action to be taken with respect to urine samples 19. Analysis of samples 20. Authorised sample takers and authorised persons--protection from liability Division 3 - Offences relating to testing for alcohol or other drugs 21. Additional offences relating to testing 22. Interfering with results of test 23. Taking of samples 24. Interfering or tampering with, or destroying, samples Division 4 - Admission of evidence in proceedings 25. Evidence of concentration of alcohol in breath or blood determined by breath analysis 26. Evidence of presence of drugs in proceedings for offence of having drug in blood or oral fluid 27. Evidence of presence of drugs in proceedings for offence of being under influence of alcohol or drug Division 5 - Certificate evidence 28. Certificate evidence about breath analysing instruments 29. Certificate evidence about the taking and analysis of samples 30. Certificate evidence may specify minimum concentrations PART 3 - TRAIN COMMUNICATIONS SYSTEMS 31. Train communications systems 32. Exemptions PART 4 - SAVINGS AND TRANSITIONAL PROVISIONS 33. Definitions 34. Data Loggers Compliance Code 35. Rail safety officers and testing officers 36. Accreditation of continuing operators 37. Existing applications for accreditation 38. Persons newly required to be accredited 39. Existing exemptions continued 40. Registration of private sidings 41. Reviews and appeals 42. Interface agreements 43. Rail safety workers 44. Improvement and prohibition notices and other compliance and enforcement matters 45. Inquiries and investigations 46. Proceedings for offences 47. Fees 48. Drug and alcohol provisions 49. (Repealed) 50. Application of certain amendments relating to certificate evidence by analysts and sample takers 51. Use of existing evidence certificate forms by analysts 52. Evidence relating to certain samples