New South Wales Consolidated Regulations

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RAIL SAFETY (ADOPTION OF NATIONAL LAW) REGULATION 2012

- Made under the Rail Safety (Adoption of National Law) Act 2012
- As at 31 March 2017
- Reg 662 of 2012

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions

   PART 2 - DRUG AND ALCOHOL TESTING

           Division 1 - Provisions relating to drug and alcohol offences

   4.      No duplicity where more than one drug alleged
   5.      Measurement of alcohol concentrations
   6.      Test results may not be used for offence where worker had not commenced work

           Division 2 - Testing for alcohol or other drugs

   7.      Random and targeted testing of rail safety workers
   8.      Restrictions on requiring breath test, sobriety assessment, breath analysis or sample
   9.      Supervisee may perform functions of authorised sample taker or authorised person
   10.     Assessment of sobriety if breath testing device not available
   11.     Breath analysis of rail safety workers following breath testing
   12.     Oral fluid analysis following drug screening test or request
   13.     Samples taken at hospitals from rail safety workers involved in accidents in carrying out rail safety work
   14.     Additional circumstances when blood or urine samples may be taken
   15.     Taking of blood samples or urine
   16.     Action to be taken with respect to blood samples
   17.     Taking and dealing with oral fluid samples
   18.     Action to be taken with respect to urine samples
   19.     Analysis of samples
   20.     Authorised sample takers and authorised persons-protection from liability

           Division 3 - Offences relating to testing for alcohol or other drugs

   21.     Additional offences relating to testing
   22.     Interfering with results of test
   23.     Taking of samples
   24.     Interfering or tampering with, or destroying, samples

           Division 4 - Admission of evidence in proceedings

   25.     Evidence of concentration of alcohol in breath or blood determined by breath analysis
   26.     Evidence of presence of drugs in proceedings for offence of having drug in blood or oral fluid
   27.     Evidence of presence of drugs in proceedings for offence of being under influence of alcohol or drug

           Division 5 - Certificate evidence

   28.     Certificate evidence about breath analysing instruments
   29.     Certificate evidence about the taking and analysis of samples
   30.     Certificate evidence may specify minimum concentrations

   PART 3 - TRAIN COMMUNICATIONS SYSTEMS

   31.     Train communications systems
   32.     Exemptions

   PART 4 - SAVINGS AND TRANSITIONAL PROVISIONS

   33.     Definitions
   34.     Data Loggers Compliance Code
   35.     Rail safety officers and testing officers
   36.     Accreditation of continuing operators
   37.     Existing applications for accreditation
   38.     Persons newly required to be accredited
   39.     Existing exemptions continued
   40.     Registration of private sidings
   41.     Reviews and appeals
   42.     Interface agreements
   43.     Rail safety workers
   44.     Improvement and prohibition notices and other compliance and enforcement matters
   45.     Inquiries and investigations
   46.     Proceedings for offences
   47.     Fees
   48.     Drug and alcohol provisions
   49.     (Repealed)
   50.     Application of certain amendments relating to certificate evidence by analysts and sample takers
   51.     Use of existing evidence certificate forms by analysts
   52.     Evidence relating to certain samples


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