New South Wales Consolidated Regulations

PASSENGER TRANSPORT (DRUG AND ALCOHOL TESTING) REGULATION 2004

- Made under the Passenger Transport Act 1990
- As at 31 August 2009
- Reg 90 of 2004

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions
   4.      Authorisation of officers

   PART 2 - OFFENCES RELATING TO ALCOHOL OR OTHER DRUGS

   5.      Offence-carrying out transport safety work with prescribed concentration of alcohol in breath or blood
   6.      Offence-carrying out transport safety work while under influence of alcohol or other drug
   7.      Double jeopardy

   PART 3 - TESTING FOR ALCOHOL OR OTHER DRUGS

   8.      Random and targeted testing of transport safety employees
   9.      Testing of transport safety employees in specified situations
   10.     Assessment of sobriety if breath testing device not available
   11.     Breath analysis of transport safety employees following breath testing etc
   12.     Blood or urine samples taken at hospitals from transport safety employees involved in accidents in carrying out transport safety work
   13.     Additional circumstances when blood or urine samples may be taken
   14.     Taking of blood or urine samples
   15.     Restrictions on requiring breath test, assessment, breath analysis or sample
   16.     Action to be taken with respect to blood samples
   17.     Action to be taken with respect to urine samples
   18.     Analysis of samples
   19.     Medical practitioners and nurses-protection from liability

   PART 4 - OFFENCES RELATING TO TESTING FOR ALCOHOL OR OTHER DRUGS

   20.     Refusal to be tested
   21.     Interfering with results of test
   22.     Taking of samples
   23.     Interfering or tampering with, or destroying, samples

   PART 5 - CERTIFICATE EVIDENCE IN PROCEEDINGS

   24.     Certificate evidence of concentration of alcohol in breath or blood determined by breath analysis
   25.     Certificate evidence of concentration of alcohol in blood determined by analysis of sample of blood
   26.     Certificate evidence of presence of drugs
   27.     Certificate evidence of appointment of authorised officer

   PART 6 - MISCELLANEOUS

   28.     Effect of positive test