New South Wales Repealed Regulations

This legislation has been repealed.

RAIL SAFETY (ADOPTION OF NATIONAL LAW) REGULATION 2012 - REG 14

14 Additional circumstances when blood or urine samples may be taken

(1) An authorised person may require a rail safety worker to provide a sample of the worker's blood or urine if:

(a) the authorised person is entitled under the Rail Safety National Law (NSW) and this Regulation to require the worker to submit to a breath analysis, and

(b) a breath analysing instrument is not readily available.

(2) An authorised person who has a reasonable belief that, by the way in which a rail safety worker was acting, the worker might be under the influence of alcohol or a drug, may require the worker to provide a sample of the worker's blood or urine if:

(a) the worker has undergone a preliminary breath test in accordance with this Regulation, and

(b) the result of the test does not permit the worker to be required to submit to a breath analysis, and

(c) the authorised person has required the worker to submit to an assessment of sobriety and:

(i) the worker refuses to submit to the assessment, or

(ii) after the assessment is made, the authorised person has a reasonable belief that the worker is under the influence of alcohol or a drug.

(3) A requirement that a rail safety worker provide a sample is not open to challenge in any proceedings merely on the basis that a breath analysing instrument was readily available.