Rail Safety National Law (ACT) Act 2014

This section applies if an authorised person requires a rail safety worker to submit to breath analysis under the Rail Safety National Law (ACT), section 126 (Authorised person may require preliminary breath test or breath analysis).

An authorised person must not require a rail safety worker to submit to breath analysis—

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

in any other case—

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

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

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

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.

Breath analysis may only be carried out by—

a police officer; or

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

A regulation may provide for the following:

the conditions for carrying out breath analysis;

the procedures to be followed in relation to carrying out breath analysis;

the circumstances in which the result of a breath analysis must be disregarded for this part and the testing provisions.

If, because of a regulation made for subsection (4) (c), the result of a breath analysis must be disregarded for this part and the testing provisions, the authorised person may, if another breath analysis instrument is available at the police station or other 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, a sample of the worker’s breath for breath analysis using another breath analysis instrument.

As soon as practicable after the breath analysis has been carried out, the authorised person who carried out the analysis must give the rail safety worker a written statement, signed by the authorised person, containing the particulars required by regulation to be included in the statement.

If the reading from the breath analysis instrument shows that the concentration of alcohol in the rail safety worker’s blood or breath is the prescribed concentration of alcohol, the authorised person must give the worker the written notice prescribed by regulation.