Failure to submit to drug screening test, oral fluid analysis
35 Failure to submit to drug screening test, oral fluid analysis
This section applies if—
an authorised person requires the worker to submit to a drug screening test or oral fluid analysis under the Rail Safety National Law (ACT), section 127 (Authorised person may require drug screening test, oral fluid analysis, urine test and blood test); and
the worker fails to comply with the requirement or a reasonable direction in relation to the requirement.
Fail includes refuse (see Legislation Act, dict, pt 1).
The rail safety worker is taken to have committed an offence against the Rail Safety National Law (ACT), section 127 (3).
It is a defence to a prosecution for an offence against the Rail Safety National Law (ACT), section 127 (3) if the defendant proves that the refusal or failure was based on medical grounds.
This Act’s bill:Explanatory statementSecond reading speech
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