(b) while a prescribed drug is
present in his or her oral fluid or blood; or
(c) while so much under the
influence of alcohol or a drug as to be incapable of effectively discharging a
function or duty of a rail safety worker.
: Maximum penalty--$10 000.
Note--: In some participating jurisdictions, provision is made that, for the
purposes of this Law, a concentration of alcohol in a sample of a person's
breath will be taken to indicate a concentration of alcohol in the person's
blood.
(1a) For the purposes of subsection (1), and without limiting the
circumstances in which a rail safety worker will be taken to be carrying out,
or attempting to carry out, rail safety work, if a rail safety worker--
(a)
has arrived at the rail safety worker's place of work; and
(b) --
(i) has
signed on for the purpose of carrying out rail safety work (in such manner as
may be required by the practices and procedures at the worker's place of work
and however described) and is available to carry out the rail safety work; or
(ii) is otherwise on duty for the purpose of carrying out rail safety work,
then the rail safety worker will be taken to be carrying out, or attempting to
carry out, rail safety work.
(2) For the purposes of subsection (1)(c), a
person is incapable of effectively discharging a function or duty of a rail
safety worker if, owing to the influence of alcohol or a drug, the use of any
mental or physical faculty of that person is lost or appreciably impaired (but
this subsection does not restrict in any way the operation of subsection
(1)(c)).
(3) Subject to subsection (4), it is a defence to a charge of an
offence against subsection (1)(b) if the defendant proves that he or she did
not knowingly consume the prescribed drug present in his or her oral fluid or
blood.
(4) Subsection (3) does not apply if the defendant consumed the
prescribed drug believing that he or she was consuming a substance unlawfully
but was mistaken as to, unaware of, or indifferent to, the identity of the
prescribed drug.
(5) For the purposes of this section--
"prescribed concentration of alcohol" , in relation to a rail safety worker,
means--
(a) any concentration of alcohol in the blood; or
(b) if some other
concentration of alcohol is prescribed in the national regulations (being a
specified amount of alcohol in 100 millilitres of blood) for the purposes of
this definition--that concentration;
"prescribed drug" means--
(a) any of the following substances--
(i) delta
-9-tetrahydrocannabinol;
(ii) Methylamphetamine (Methamphetamine);
(iii)
3,4-Methylenedioxymethylamphetamine (MDMA); and
(b) any other substance
declared by the national regulations to be a prescribed drug for the purposes
of this section.
