RAIL SAFETY NATIONAL LAW (NSW) - SECT 129A
Additional NSW matters related to drug and alcohol testing and related offences
RAIL SAFETY NATIONAL LAW (NSW) - SECT 129A
Additional NSW matters related to drug and alcohol testing and related offences
129A Additional NSW matters related to drug and alcohol testing and related
offences
(1) For the purposes of sections 126 and 127, a rail safety worker is to be
regarded as being about to carry out rail safety work if the worker--
(a) has
left home or a temporary residence for work (being rail safety work); and
(b)
has not commenced work after having so left home or the temporary residence.
(2) It is a defence to a prosecution for an offence under section 126 or 127
if the defendant satisfies the court that the defendant was unable on medical
grounds to comply with the requirement concerned.
(3) A rail safety worker is
not liable to be convicted of both--
(4) The
regulations under the application Act may make provision for or with respect
to the following--
(a) limiting the circumstances when a requirement may be
made under section 126 or 127;
(b) the circumstances in which a rail safety
worker may not be required to undergo a test or analysis or provide a sample
for the purposes of this Division;
(c) limiting the use of testing or
analysis results from a rail safety worker who was about to carry out rail
safety work,
(d) requirements to undergo sobriety assessments.
Note--: This
section is an additional New South Wales provision.