Rail Safety National Law (ACT) Act 2014

An authorised person may give a signed certificate stating—

that the person was on a stated date an authorised person; and

that, on the date, at a stated time and in a stated place, a named rail safety worker was required by the authorised person to provide a sample of the worker’s breath for a breath analysis using a breath analysis instrument; and

the model number, patent number and serial number of the instrument used; and

that the instrument was in proper working order; and

that the worker named in the certificate—

provided a sample of the worker’s breath for a test or analysis in accordance with the directions of the authorised person who made the requirement; or

failed to provide a sample of the worker’s breath for the test or analysis; and

Fail includes refuse (see Legislation Act, dict, pt 1).

the steps that were taken to ensure that it was not readily apparent to members of the public that the breath analysis was being carried out; and

if the worker provided a sample—

the procedures followed immediately before, during and immediately after the alcohol screening test or breath analysis; and

the concentration of alcohol in the worker’s blood or breath as shown from the reading from the alcohol screening device or breath analysis instrument; and

that, as soon as practicable after the alcohol screening test or breath analysis was carried out, the authorised person gave the worker the written statement mentioned in section 15 (6) (Conduct of breath analysis); and

if the worker failed to provide a sample—the procedures followed immediately before the worker was required to provide a sample.

A written statement mentioned in section 15 (6) that is a print out from a breath analysis instrument is evidence of the matters stated in the statement.