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RAIL SAFETY NATIONAL LAW (ACT) ACT 2014 (NO. 14 OF 2014) - SECT 26

Detention for blood test

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

Note     Fail includes refuse (see Legislation Act

, dict, pt 1).

    (2)     A police officer may take the rail safety worker into custody for the worker to undertake a blood test.

    (3)     The police officer must take the rail safety worker, as soon as practicable, to a hospital or sampling facility for the worker to undertake a blood test.

    (4)     A sample of a rail safety worker's blood must be taken as soon as practicable after the arrival of the worker at hospital or at the sampling facility and must not be taken more than 2 hours after the arrival of the worker at hospital or at the facility.

    (5)     The sample taker taking a sample of blood from a rail safety worker must take the sample in the presence of a police officer.

    (6)     The rail safety worker must not be held in custody after the earlier of the following:

        (a)     the sample of the worker's blood of the person has been taken;

        (b)     the end of whichever of the periods mentioned in section 25 (3) applies in relation to the worker.



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