RAIL SAFETY NATIONAL LAW (NSW) - SECT 126
Authorised person may require preliminary breath test or breath analysis
RAIL SAFETY NATIONAL LAW (NSW) - SECT 126
Authorised person may require preliminary breath test or breath analysis
126 Authorised person may require preliminary breath test or breath analysis
(1) Subject to this section, an authorised person may at any time require a
rail safety worker who--
(a) is about to carry out rail safety work; or
(b)
is carrying out rail safety work; or
(c) is attempting to carry out rail
safety work; or
(d) is still on railway premises after carrying out rail
safety work; or
(e) without limiting a preceding paragraph--is involved in a
prescribed notifiable occurrence; or
(e1) without limiting a preceding
paragraph--is involved in an accident or irregular incident while carrying out
rail safety work,
Note--: This paragraph is an additional New South Wales
provision.
to submit to testing by means of a preliminary breath test or
breath analysis (or both).
(2) For the purposes of making a requirement that
a rail safety worker submit to a preliminary breath test or breath analysis,
an authorised person may--
(a) require the worker to provide the worker's name
and residential address; and
(b) give any other reasonable direction to the
worker.
Example : An authorised person may (for example) direct the rail
safety worker to accompany the authorised person and attend at a specified
place for the purposes of carrying out the preliminary breath test or breath
analysis.
(3) A rail safety worker must immediately comply with a direction
given by an authorised person (whether under this section or the application
Act) for the purpose of requiring the worker to submit to a preliminary breath
test or breath analysis.
: Maximum penalty--$10 000.
(4) The application Act
and regulations made under the application Act may prescribe the manner in
which a preliminary breath test or breath analysis is to be conducted and may
(for example) require that more than 1 sample of breath is to be provided for
testing or analysis (and, in such a case, specify which reading of the
apparatus or instrument will be taken to be the result of the preliminary
breath test or breath analysis for the purposes of this Law, the application
Act or any other Act).