Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) Subsection (2) applies to—
(a) a police officer who in the exercise or intended exercise of a power given by this part or the testing provisions, takes a rail safety worker into custody and takes the worker to a place for this part or the testing provisions; and
(b) any other police officer (a receiving officer ) who accepts custody of a worker from the police officer mentioned in paragraph (a), if the receiving officer believes on reasonable grounds that the worker is liable to be taken into custody.
(2) The police officer is not liable, only because of the taking into custody of the worker and the holding of the worker in custody, in an action arising out of the worker's custody.
(3) The Territory indemnifies a sample taker who exercises a function under this part or the testing provisions in relation to any damages that the sample taker becomes liable to pay as a result of the exercise of those functions.
(4) Subsection (3) applies whether the rail safety worker from whom a sample is taken was or was not capable, because of the worker's mental condition, of giving or refusing consent to the taking of a sample.