Australian Capital Territory Numbered Acts

RAIL SAFETY NATIONAL LAW (ACT) ACT 2014 (NO. 14 OF 2014) - SECT 19

    (1)     This section applies if an authorised person requires a rail safety worker to submit to oral fluid analysis under the Rail Safety National Law (ACT) , section 127 (Authorised person may require drug screening test, oral fluid analysis and blood test).

    (2)     An authorised person must not require a rail safety worker to submit to oral fluid analysis—

        (a)     if the rail safety worker was required to submit to a drug screening test under the Rail Safety National Law (ACT) , section 126—if more than 2 hours has passed since the drug screening test was carried out; or

        (b)     in any other case—

              (i)     if the worker was involved in a prescribed notifiable occurrence and—

    (A)     the worker was taken to hospital—if more than 8 hours has passed since the worker's arrival at the hospital; or

    (B)     the worker was not taken to hospital—if more than 8 hours has passed since the prescribed notifiable occurrence happened; or

              (ii)     if the worker was not involved in a prescribed notifiable occurrence—if more than 8 hours has passed since the worker stopped carrying out rail safety work.

    (3)     A sample of a rail safety worker's oral fluid for oral fluid analysis may only be taken by—

        (a)     a police officer; or

        (b)     for an authorised person other than a police officer—an authorised person authorised to do so by the Regulator.

    (4)     A regulation may provide for the following:

        (a)     the conditions for carrying out oral fluid analysis;

        (b)     the procedures to be followed in relation to carrying out oral fluid analysis;

        (c)     the circumstances in which the result of oral fluid analysis must be disregarded for this part and the testing provisions.

    (5)     If, because of a regulation made for subsection (4) (c), the result of oral fluid analysis must be disregarded, the authorised person may, if another oral fluid analysis instrument is available at the place where the requirement under subsection (1) is made, require the rail safety worker to give, in accordance with the authorised person's reasonable directions, another sufficient sample of the worker's oral fluid for oral fluid analysis using another oral fluid analysis instrument.