Victorian Consolidated Legislation

Rail Safety Act 2006 - SECT 71

Presumptions in relation to presence of concentrations of alcohol and other drugs

71. Presumptions in relation to presence of concentrations of alcohol and
other drugs



(1) For the purposes of this Part if it is established that at any time within
3 hours after an alleged offence against section 76(1)(a), a certain
concentration of alcohol was present in the blood or breath of the rail safety
worker charged with the offence it must be presumed, until the contrary is
proved, that not less than that concentration of alcohol was present in the
worker's blood or breath (as the case requires) at the time at which the
offence is alleged to have been committed.

(2) For the purposes of this Part if it is established that at any time within
3 hours after an alleged offence against section 76(1)(b), a certain drug was
present in the body of the rail safety 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 the time at which the offence is alleged to have been
committed.

(3) For the purposes of an alleged offence against section 76(1)(g) or (h) it
must be presumed that the concentration of alcohol indicated by an analysis to
be present in the breath of the rail safety worker charged or found by an
analyst to be present in the sample of blood taken from the worker charged (as
the case requires) was not due solely to the consumption of alcohol after
having carried out rail 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 another person.

(4) For the purposes of an alleged offence against section 76(1)(b) it must be
presumed that a drug found by an analyst to be present in the sample of blood
or urine taken from the rail safety worker charged was not due solely to the
consumption or use of that drug after carrying out rail 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 another person.