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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Transport (Alcohol and Drug Controls) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Amendment of heading to Division 2 of Part 6 2
5. Purpose of Division 3
6. Insertion of definitions relating to drug impairment 3
7. Interpretative provisions 3
8. New offences relating to carrying out safety work while
impaired by a drug 4
9. Breath analysis 5
10. New sections 96A, 96B and 96C inserted 6
96A. Drug assessment 6
96B. Blood and urine samples 10
96C. Destruction of identifying information 12
11. Evidence derived from certain blood samples to be used in
certain proceedings 15
12. Evidentiary provisions--blood tests 15
13. New section 98A inserted 17
98A. Evidentiary provisions--urine tests 17
14. Authorised officers for accredited railways and tramways 21
15. Authorities 22
16. Regulations 22
17. New section 102A inserted 22
102A. Disallowance of certain Orders and notices 23
18. Definitions for the purposes of Division 3 of Part 6 23
19. Further condition relating to safety work 24
20. New offence inserted 24
21. New section 255D inserted 24
255D. Supreme Court--limitation of jurisdiction 25
ENDNOTES 26
i
541230B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001
PARLIAMENT OF VICTORIA
Initiated in Assembly 17 October 2001
A BILL
to amend the Transport Act 1983 and for other purposes.
Transport (Alcohol and Drug Controls)
Act 2001
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Transport Act 1983 to--
(a) prohibit the carrying out of safety work
5 while impaired by a drug; and
(b) make further provision for a condition of
accreditation under Division 3 of Part 6 of
that Act that requires persons accredited
under that Division to take reasonable steps
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to ensure that workers employed or engaged
by them do not carry out safety work after
consuming alcohol or while impaired by any
other drug; and
5 (c) create a new offence for a failure to comply
with the condition of accreditation referred
to in paragraph (b).
2. Commencement
(1) Subject to sub-section (2), this Act comes into
10 operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 30 June 2002, it comes into
operation on that day.
3. Principal Act
See:
15 In this Act, the Transport Act 1983 is called the Act No.
Principal Act. 9921/1983.
Reprint No. 7
as at
31 May 2000
and
amending
Act Nos
65/2000,
69/2000,
74/2000,
81/2000,
11/2001,
44/2001 and
54/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Amendment of heading to Division 2 of Part 6
In the heading to Division 2 of Part 6 of the
Principal Act, after "Alcohol" insert "and other
20 Drug".
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5. Purpose of Division
In section 92 of the Principal Act, after "blood-
alcohol" insert "and drug".
6. Insertion of definitions relating to drug impairment
5 (1) In section 93(1) of the Principal Act insert the
following definitions--
' ''drug" means a substance that is a drug for the
purposes of this Division by virtue of a
declaration under sub-section (1AA) or any
10 other substance (other than alcohol) which,
when consumed or used by a person,
deprives that person (temporarily or
permanently) of any of his or her normal
mental or physical faculties;
15 "substance" means substance in any form
(whether gaseous, liquid, solid or other) and
includes material, preparation, extract and
admixture;'.
(2) After section 93(1) of the Principal Act insert--
20 "(1AA) The Minister may, by Order published in the
Government Gazette, declare any substance
to be a drug for the purposes of this
Division.".
7. Interpretative provisions
25 (1) After section 93(5) of the Principal Act insert--
"(5A) For the purposes of this Division if it is
established that at any time within 3 hours
after an alleged offence against
paragraph (ab) of section 94(1), a certain
30 drug was present in the body of the worker
charged with the offence it must be
presumed, until the contrary is proved, that
that drug was present in the worker's body at
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the time at which the offence is alleged to
have been committed.".
(2) After section 93(6) of the Principal Act insert--
"(6A) For the purposes of an alleged offence
5 against paragraph (ab) of section 94(1) it
must be presumed that a drug found by an
analyst to be present in the sample of blood
or urine taken from the worker charged was
not due solely to the consumption or use of
10 that drug after carrying out safety work
unless the contrary is proved by the worker
charged on the balance of probabilities by
sworn evidence given by him or her which is
corroborated by the material evidence of
15 another person.
(6B) For the purposes of sections 96A and 96B, a
worker is not to be taken to be impaired
unless his or her behaviour or appearance is
such as to give rise to a reasonable suspicion
20 that he or she is unable to carry out safety
work properly.".
8. New offences relating to carrying out safety work
while impaired by a drug
(1) In section 94(1) of the Principal Act--
25 (a) after paragraph (a) insert--
"(ab) carries out safety work while impaired
by a drug; or";
(b) after paragraph (b) insert--
"(ba) refuses to undergo an assessment of
30 drug impairment in accordance with
section 96A when required under that
section to do so or refuses to comply
with any other requirement made under
section 96A(1); or";
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(c) after paragraph (c) insert--
"(ca) refuses to comply with a requirement
made under section 96B(1); or".
(2) After section 94(2) of the Principal Act insert--
5 "(2A) In proceedings for an offence under
paragraph (ab) of sub-section (1), proof
that--
(a) the worker was carrying out safety
work; and
10 (b) one or more drugs were present in the
worker's body at the time at which he
or she carried out safety work; and
(c) the behaviour of the worker on an
assessment of drug impairment carried
15 out under section 96A was consistent
with the behaviour usually associated
with a person who has consumed or
used that drug or those drugs; and
(d) the behaviour usually associated with a
20 person who has consumed or used that
drug or those drugs would result in the
person being unable to carry out safety
work properly--
is, in the absence of evidence to the contrary,
25 proof that the worker carried out safety work
while impaired by a drug.".
9. Breath analysis
After section 96(1) of the Principal Act insert--
"(1A) An authorised officer or member of the
30 police force may require any worker who is
required to undergo a drug assessment under
section 96A to furnish a sample of breath for
analysis by a breath analysing instrument
and may, for that purpose, require the worker
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to remain at the place at which the worker is
required to remain for the purposes of the
drug assessment until--
(a) the person has furnished the sample of
5 breath and been given the certificate
referred to in sub-section (4) and the
drug assessment has been carried out;
or
(b) 3 hours after the carrying out of safety
10 work--
whichever is the sooner.".
10. New sections 96A, 96B and 96C inserted
After section 96 of the Principal Act insert--
'96A. Drug assessment
15 (1) An authorised officer may at any time
require a worker whom he or she believes on
reasonable grounds is about to carry out, or
is carrying out, safety work to undergo an
assessment of drug impairment if in the
20 opinion of the authorised officer, that
worker's behaviour or appearance indicates
that the worker may be impaired for a reason
other than alcohol alone.
(2) An authorised officer or, subject to sub-
25 section (3), a member of the police force,
may require--
(a) a worker whom he or she believes on
reasonable grounds has within the last
3 preceding hours carried out safety
30 work on a railway or tramway system
when an accident or irregular incident
occurred involving the worker; or
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(b) a worker whom he or she has required
under section 95 to undergo a
preliminary breath test; or
(c) a worker required under section 96 to
5 furnish a sample of breath or from
whom a sample of blood was required
to be taken under section 96(8)--
to undergo an assessment of drug
impairment if, in the opinion of the
10 authorised officer or member of the police
force, that worker's behaviour or appearance
indicates that he or she may be impaired for
a reason other than alcohol alone and for that
purpose may further require the worker to
15 accompany an authorised officer or member
of the police force (as the case requires) to a
place where the assessment is to be carried
out and to remain there until the assessment
has been carried out or until 3 hours after the
20 carrying out of the safety work, whichever is
sooner.
(3) A member of the police force only has power
to require a worker to undergo an assessment
of drug impairment under sub-section (2)(a)
25 in the case of an irregular incident if--
(a) he or she has contacted a person
nominated for the purposes of this
provision by the person or body
responsible for the operation of the
30 railway or tramway system; and
(b) the person contacted has confirmed that
an irregular incident did occur and has
agreed that it is appropriate to conduct
an assessment of drug impairment.
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(4) A worker is not obliged to undergo an
assessment of drug impairment if more than
3 hours have passed since the worker last
carried out safety work.
5 (5) An assessment of drug impairment must be
carried out by--
(a) an authorised officer authorised to do
so by the Secretary; or
(b) a member of the police force authorised
10 to do so by the Chief Commissioner of
Police.
(6) An assessment of drug impairment must be
carried out in accordance with the procedure
specified in a notice under sub-section (7).
15 (7) The Secretary may, by notice published in
the Government Gazette, specify the
procedure to be followed in assessing drug
impairment.
(8) The carrying out of an assessment of drug
20 impairment on a worker must be video-
recorded if the worker was involved in an
accident or irregular incident unless the
prosecution satisfies the court that a video-
recording has not been made because of
25 exceptional circumstances.
(9) If the worker on whom an assessment of
drug impairment was carried out is
subsequently charged with an offence under
paragraph (ab) of section 94(1), and the
30 carrying out of the assessment of drug
impairment is video-recorded, a copy of the
video-recording must be served with the
summons or, if a summons is not issued,
within 7 days after the making of the charge.
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(10) Subject to sub-section (11), the video-
recording of the carrying out of an
assessment of drug impairment on a worker
is only admissible in a proceeding against
5 that worker for an offence against this Act
for the purpose of establishing that the
assessment of drug impairment was carried
out in accordance with the procedure
specified in a notice under sub-section (7).
10 (11) Evidence obtained as a result of an
assessment of drug impairment carried out
on a worker is inadmissible as part of the
prosecution case in proceedings against that
worker for any offence if the video-recording
15 of the assessment and any related material
and information should have been but has
not been destroyed as required by section
96C.
(12) In any proceeding under this Act--
20 (a) the statement of an authorised officer
that on a particular date he or she was
authorised by the Secretary under sub-
section (5)(a) to carry out an
assessment of drug impairment; or
25 (b) the statement of a member of the police
force that on a particular date he or she
was authorised by the Chief
Commissioner of Police under sub-
section (5)(b) to carry out an
30 assessment of drug impairment; or
(c) a certificate purporting to be signed by
the Secretary that an authorised officer
named in it is authorised by the
Secretary under sub-section (5) to carry
35 out an assessment of drug impairment;
or
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(d) a certificate purporting to be signed by
the Chief Commissioner of Police that a
member of the police force named in
it is authorised by the Chief
5 Commissioner of Police under sub-
section (5) to carry out an assessment
of drug impairment--
is admissible in evidence and, in the absence
of evidence to the contrary, is proof of the
10 authority of that authorised officer or
member of the police force (as the case
requires).
96B. Blood and urine samples
(1) If a worker undergoes an assessment of
15 drug impairment when required under
section 96A to do so and the assessment, in
the opinion of the authorised officer or
member of the police force (as the case
requires) carrying it out, indicates that the
20 worker may be impaired by a drug or drugs,
the authorised officer or member of the
police force (as the case requires) may
require the worker to do either or both of the
following--
25 (a) allow a registered medical
practitioner or an approved health
professional nominated by that
authorised officer or member of the
police force to take from the worker a
30 sample of that worker's blood for
analysis;
(b) furnish to a registered medical
practitioner or an approved health
professional nominated by that
35 authorised officer or member of the
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police force a sample of that worker's
urine for analysis--
and for that purpose may further require the
person to accompany the authorised officer
5 or member of the police force to a place
where the sample is to be taken or furnished
and to remain there until the sample has been
taken or furnished or until 3 hours after the
carrying out of the safety work, whichever is
10 sooner.
(2) An authorised officer or member of the
police force must not require a worker to
allow a sample of his or her blood to be
taken for analysis under sub-section (1)(a) if
15 that worker has already had a sample of
blood taken from him or her under section 96
after carrying out safety work.
(3) The registered medical practitioner or
approved health professional who takes a
20 sample of blood or is furnished with a
sample of urine under this section must
deliver a part of the sample to the authorised
officer or member of the police force who
required it to be taken or furnished and
25 another part to the worker from whom it was
taken or by whom it was furnished.
(4) A person must not hinder or obstruct a
registered medical practitioner or an
approved health professional attempting to
30 take a sample of the blood, or be furnished
with a sample of the urine, of any other
person in accordance with this section.
Penalty: 12 penalty units.
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(5) No action lies against a registered medical
practitioner or an approved health
professional in respect of anything properly
and necessarily done by the practitioner or
5 approved health professional in the course of
taking any sample of blood, or being
furnished with any sample of urine, which
the practitioner or approved health
professional believed on reasonable grounds
10 was required to be taken from, or be
furnished by, any person under this section.
(6) If the person on whom an assessment of drug
impairment was carried out is subsequently
charged with an offence under paragraph
15 (ab) of section 94(1), a copy of a written
report on that assessment prepared by the
authorised officer or member of the police
force who carried it out and containing the
prescribed particulars must be served with
20 the summons or, if a summons is not issued,
within 7 days after the making of the charge.
96C. Destruction of identifying information
(1) In this section, "relevant offence" means--
(a) an offence under section 94(1)(ab) or
25 (ca); or
(b) any other offence arising out of the
same circumstances; or
(c) any other offence in respect of which
the evidence obtained as a result of the
30 assessment of drug impairment has
probative value.
(2) If an assessment of drug impairment has
been carried out on a worker under section
96A and--
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(a) the worker has not been charged with a
relevant offence at the end of the period
of 12 months after the assessment; or
(b) the worker has been so charged but the
5 charge is not proceeded with or the
worker is not found guilty of the
offence, whether on appeal or
otherwise, before the end of that
period--
10 the Secretary or Chief Commissioner of
Police (as the case requires) must, subject to
sub-section (4), destroy, or cause to be
destroyed, at the time specified in sub-
section (3) any video-recording made of the
15 assessment and any related material and
information.
(3) A video-recording and any related material
and information referred to in sub-section (2)
must be destroyed--
20 (a) in a case to which sub-section (2)(a)
applies, immediately after that period of
12 months; or
(b) in a case to which sub-section (2)(b)
applies--
25 (i) within 1 month after the
conclusion of the proceeding and
the end of any appeal period; or
(ii) if the proceeding has been
adjourned under section 75 of the
30 Sentencing Act 1991, within
1 month after dismissal under that
section.
(4) An authorised officer or member of the
police force (as the case requires) may,
35 before the end of a period referred to in
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sub-section (3)(b), apply without notice to
the Magistrates' Court for an order extending
that period and, if the Court makes such an
order, the reference to the period in sub-
5 section (3) is a reference to that period as so
extended.
(5) If the Magistrates' Court makes an order
under sub-section (4), it must give reasons
for its decision and cause a copy of the order
10 to be served on the person on whom the
assessment of drug impairment was carried
out.
(6) If a video-recording or related material and
information is required to be destroyed in
15 accordance with this section, the Secretary or
Chief Commissioner of Police (as the case
requires) must, if the worker on whom the
assessment was carried out so requests,
within 14 days after receiving the request,
20 notify that worker in writing whether the
destruction has occurred.
(7) A person who knowingly--
(a) fails to destroy; or
(b) uses, or causes or permits to be used--
25 a video-recording or related material and
information required by this section to be
destroyed is guilty of an offence punishable
by a fine of not more than 120 penalty units
or to imprisonment for a term of not more
30 than 12 months.
(8) A person who at any time uses, or causes or
permits to be used, or otherwise disseminates
information derived from any video-
recording or related material and information
35 required by this section to be destroyed
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except in good faith for the purposes of a
relevant offence is guilty of an offence
punishable by a fine of not more than 120
penalty units or to imprisonment for a term
5 of not more than 12 months.'.
11. Evidence derived from certain blood samples to be
used in certain proceedings
After section 97(5)(a) of the Principal Act
insert--
10 "(ab) for a proceeding under section 118(2); or".
12. Evidentiary provisions--blood tests
(1) In section 98 of the Principal Act, for sub-section
(1) substitute--
'(1) In this section--
15 "properly qualified analyst" means--
(a) a person who is an approved
analyst within the meaning of
section 57 of the Road Safety Act
1986; or
20 (b) a person who is considered by the
court to have scientific
qualifications, training and
experience that qualifies him or
her to carry out the analysis and to
25 express an opinion as to the facts
and matters contained in a
certificate under sub-section (4) or
(4A), as the case requires;
"properly qualified expert" means--
30 (a) a person who is an approved
expert within the meaning of
section 57 of the Road Safety Act
1986; or
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(b) a person who is considered by the
court to have scientific
qualifications, training and
experience that qualifies him or
5 her to express an opinion as to the
facts and matters contained in a
certificate under sub-section
(4B).'.
(2) In section 98(2) of the Principal Act--
10 (a) in paragraph (a), after "alcohol" insert "or
any other drug";
(b) in paragraph (b), for ", or the concentration,"
substitute "of alcohol or any other drug, or
the concentration";
15 (c) after "of analysis" insert "and, if a drug is
present, evidence may be given by a properly
qualified expert of the usual effect of that
drug on behaviour when consumed or used
(including its effect on a person's ability to
20 carry out safety work properly)".
(3) In section 98 of the Principal Act, after sub-
section (4) insert--
"(4A) A certificate containing the prescribed
particulars purporting to be signed by an
25 approved analyst as to the presence in any
sample of blood analysed by the analyst of a
substance that is, or is capable of being, a
drug for the purposes of this Division is
admissible in evidence in any proceedings
30 referred to in sub-section (2) and, in the
absence of evidence to the contrary, is proof
of the facts and matters contained in it.
(4B) A certificate containing the prescribed
particulars purporting to be signed by an
35 approved expert as to the usual effect of a
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specified substance or substances on
behaviour when consumed or used
(including its effect on a worker's ability to
carry out safety work properly) is admissible
5 in evidence in any proceedings referred to in
sub-section (2) and, in the absence of
evidence to the contrary, is proof of the facts
and matters contained in it.".
(4) In section 98(8) of the Principal Act, after
10 paragraph (b)(ii) insert--
"(iia) there is a reasonable possibility that the
blood referred to in a certificate given by a
registered medical practitioner or an
approved health professional had become
15 contaminated in such a way that a drug
found on analysis would not have been
found had the blood not been contaminated
in that way; or".
(5) In section 98(11) of the Principal Act, after
20 "96(8)" insert ", 96B".
13. New section 98A inserted
After section 98 of the Principal Act insert--
'98A. Evidentiary provisions--urine tests
(1) In this section--
25 "properly qualified analyst" means--
(a) a person who is an approved
analyst within the meaning of
section 57A of the Road Safety
Act 1986; or
30 (b) a person who is considered by the
court to have scientific
qualifications, training and
experience that qualifies him or
her to carry out the analysis and to
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express an opinion as to the facts
and matters contained in a
certificate under sub-section (4);
"properly qualified expert" means--
5 (a) a person who is an approved
expert within the meaning of
section 57A of the Road Safety
Act 1986; or
(b) a person who is considered by the
10 court to have scientific
qualifications, training and
experience that qualifies him or
her to express an opinion as to the
facts and matters contained in a
15 certificate under sub-section (5).
(2) If a question as to the presence of a drug in
the body of a worker at any time is relevant
on a hearing for an offence against section
94(1) then, without affecting the
20 admissibility of any evidence which might
be given apart from the provisions of this
section, evidence may be given--
(a) of the furnishing by that worker, within
3 hours after that worker carried out
25 safety work, of a sample of urine to a
registered medical practitioner or an
approved health professional;
(b) of the analysis of that sample of urine
by a properly qualified analyst within
30 12 months after it was taken;
(c) of the presence of a drug in that sample
of urine at the time of analysis;
(d) by a properly qualified expert of the
usual effect of that drug on behaviour
35 when consumed or used (including its
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effect on a worker's ability to carry out
safety work properly).
(3) A certificate containing the prescribed
particulars purporting to be signed by a
5 registered medical practitioner or an
approved health professional is admissible in
evidence in any hearing referred to in sub-
section (2) and, in the absence of evidence to
the contrary, is proof of the facts and matters
10 contained in it.
(4) A certificate containing the prescribed
particulars purporting to be signed by an
approved analyst as to the presence in any
sample of urine analysed by the analyst of a
15 substance that is, or is capable of being, a
drug for the purposes of this Division is
admissible in evidence in any hearing
referred to in sub-section (2) and, in the
absence of evidence to the contrary, is proof
20 of the facts and matters contained in it.
(5) A certificate containing the prescribed
particulars purporting to be signed by an
approved expert as to the usual effect of a
specified substance or substances on
25 behaviour when consumed or used
(including its effect on a worker's ability to
carry out safety work properly) is admissible
in evidence in any hearing referred to in sub-
section (2) and, in the absence of evidence to
30 the contrary, is proof of the facts and matters
contained in it.
(6) A certificate given under this section must
not be tendered in evidence at a hearing
referred to in sub-section (2) without the
35 consent of the accused unless a copy of the
certificate is proved to have been personally
served on the accused more than 10 days
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before the day on which the certificate is
tendered in evidence.
(7) An affidavit or statutory declaration by the
person who has personally served a copy of
5 the certificate on the accused is admissible in
evidence at a hearing referred to in sub-
section (2) and, as to the service of the copy,
is proof, in the absence of evidence to the
contrary, of the facts and matters deposed to
10 in the affidavit or stated in the statutory
declaration.
(8) An accused who has been served with a copy
of a certificate given under this section may,
with the leave of the court and not otherwise,
15 require the person who has given the
certificate or any person employed, or
engaged to provide services at, the place at
which the sample of urine was furnished, to
attend at all subsequent proceedings for
20 cross-examination and that person must
attend accordingly.
(9) The court must not grant leave under sub-
section (8) unless it is satisfied--
(a) that the informant has been given at
25 least 7 days' notice of the hearing of the
application for leave and has been
given an opportunity to make a
submission to the court; and
(b) that--
30 (i) there is a reasonable possibility
that the urine referred to in a
certificate given by an analyst
under sub-section (4) was not that
of the accused; or
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(ii) there is a reasonable possibility
that the urine referred to in a
certificate given by a registered
medical practitioner or an
5 approved health professional had
become contaminated in such a
way that a drug found on analysis
would not have been found had
the urine not been contaminated in
10 that way; or
(iii) for some other reason the giving
of evidence by the person who
gave the certificate would
materially assist the court to
15 ascertain relevant facts.
(10) An accused who has been served with a copy
of a certificate given under this section may
not require the person who has given the
certificate or any person employed, or
20 engaged to provide services at, the place at
which the sample of urine was furnished, to
attend the court on the hearing of an
application for leave under sub-section (8).'.
14. Authorised officers for accredited railways and
25 tramways
In section 100A of the Principal Act, for sub-
sections (1) and (2) substitute--
"(1) The Secretary may appoint as an authorised
officer for the purposes of this Division--
30 (a) a person nominated by a person who
holds an accreditation under Division 3;
or
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s. 15
17
Act No.
(b) a person employed in the Department
under Part 3 of the Public Sector
Management and Employment Act
1998 or otherwise engaged by the
5 Department.
(2) A person appointed under sub-section (1)(a)
may exercise the powers conferred by this
Division in respect of those parts of the
railway or tramway system designated by the
10 Secretary.".
15. Authorities
In section 101(1) of the Principal Act, for
"section 96 by the Chief Commissioner of Police"
substitute--
15 "--
(a) section 96 or 96A(5)(b) by the Chief
Commissioner of Police; or
(b) section 96A(5)(a) by the Secretary--".
16. Regulations
20 In section 102(1) of the Principal Act--
(a) in paragraph (c), after "blood samples"
insert "or urine samples";
(b) after paragraph (f) insert--
"(fa) the methods to be used by analysts in
25 determining the presence of a substance
in a blood or urine sample; and";
(c) in paragraphs (g) and (h), after "blood"
insert "or urine".
17. New section 102A inserted
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Act No.
After section 102 of the Principal Act insert--
"102A. Disallowance of certain Orders and notices
(1) This section applies to the following
instruments--
5 (a) an Order under section 93(1AA);
(b) a notice under section 96A(7).
(2) A power that is conferred by this Division to
make an instrument to which this section
applies is subject to the instrument being
10 disallowed by Parliament.
(3) Section 15 and Part 5 of the Subordinate
Legislation Act 1994 apply to an instrument
to which this section applies as if the
instrument were a statutory rule within the
15 meaning of that Act, notice of the making of
which had been published in the Government
Gazette on the day on which the instrument
was so published.".
18. Definitions for the purposes of Division 3 of Part 6
20 In section 104(1) of the Principal Act--
(a) insert the following definitions--
' "drug" has the same meaning as in
section 93(1);
"prescribed concentration of alcohol" has
25 the same meaning as in section 93(1);
"safety work" has the same meaning as in
section 93(1);
"substance" has the same meaning as in
section 93(1);
30 "worker" has the same meaning as in
section 93(1).';
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(b) in the definition of "railway", after paragraph
(c) insert--
"(ca) an aerial cable operated system; or".
19. Further condition relating to safety work
5 After section 117(4) of the Principal Act insert--
"(4A) In addition, it is a condition of accreditation
that a person who has been accredited must
take reasonable steps to ensure that a worker
who carries out, or is about to carry out,
10 safety work for that person--
(a) does not have more than the prescribed
concentration of alcohol in his or her
blood; or
(b) is not impaired by a drug.".
15 20. New offence inserted
In section 118 of the Principal Act, at the end of
the section insert--
"(2) A person who is accredited must comply
with the condition of accreditation set out in
20 section 117(4A).
Penalty: 2000 penalty units.
(3) In any proceedings for an offence under sub-
section (2) against a person who is
accredited, the fact that a worker has been
25 found guilty of an offence against section
94(1)(a) or (ab) while carrying out safety
work for that person is admissible in
evidence.".
21. New section 255D inserted
30 After section 255C of the Principal Act insert--
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"255D. Supreme Court--limitation of jurisdiction
It is the intention of section 96B(5) to alter
or vary section 85 of the Constitution Act
1975.".
5
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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