New South Wales Repealed Regulations

This legislation has been repealed.

RAIL SAFETY (DRUG AND ALCOHOL TESTING) REGULATION 2003

- Made under the Rail Safety Act 2002
- As at 1 January 2009
- Reg 531 of 2003

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

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

   PART 2 - OFFENCES RELATING TO ALCOHOL OR OTHER DRUGS

   5.      Offence—carrying out railway safety work with prescribed concentration of alcohol in breath or blood
   6.      Offence—carrying out railway 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 railway employees
   9.      Testing of railway employees in specified situations
   10.     Assessment of sobriety if breath testing device not available
   11.     Breath analysis of railway employees following breath testing
   12.     Blood or urine samples taken at hospitals from railway employees involved in accidents in carrying out railway 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, nurses and testing officers—protection from liability

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

   20.     Refusal to be tested
   20A.    Failure to conduct test
   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 blood sample
   26.     Certificate evidence of presence of drugs
   27.     Certificate evidence of authorisation of testing officer

   PART 6 - MISCELLANEOUS

   28.     Effect of positive test
   29.     Notification of drug and alcohol testing
   30.     Savings and transitional