Rail Safety National Law (ACT) Act 2014

This section applies if a sample of oral fluid is taken to an approved laboratory under—

section 20 (3) (Oral fluid—sample taken by authorised person); or

section 21 (5) (Oral fluid—sample taken by police officer from worker in custody—preliminary analysis).

An analyst at the approved laboratory must, as soon as practicable, arrange for the analysis of the sample at the laboratory or another approved laboratory to work out whether a prescribed drug is present in the sample.

An analyst responsible for testing the sample must take reasonable care to ensure that a part of the sample (the preserved part) sufficient for analysis to be carried out for the rail safety worker who gave the sample (the tested worker) is protected and preserved until—

if a request is made under subsection (5)—the preserved part is sent to the laboratory nominated by the tested worker; or

in any other case—

1 year has passed since the sample was taken from the tested worker; or

if a request is made by the DPP under section 32 (Keeping of samples—request by DPP)—the proceeding to which the sample relates has finally been decided (including any appeals).

However, subsection (3) does not apply if the amount of the sample remaining after analysis under subsection (2) is insufficient for further analysis.

Before the end of the period mentioned in subsection (3) (b), the tested worker may ask that the preserved part of the sample be sent, at the tested worker’s expense, to a laboratory nominated by the worker.

If a request is made under subsection (5), the analyst must ensure that the preserved part of the sample is sent to the nominated laboratory as soon as practicable.