Rail Safety National Law (ACT) Act 2014

This section applies if the court hearing a charge for an offence against the Rail Safety National Law (ACT), section 127 (3) in relation to a rail safety worker’s failure to submit to oral fluid analysis is not satisfied that there has been compliance with every provision (a rail safety testing provision) of this Act relating to that part of the carrying out of an oral fluid analysis that is required to be carried out before the sample of oral fluid is given by the worker.

A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

The court must dismiss the charge unless satisfied that despite the failure to comply with a rail safety testing provision the result obtained in an oral fluid analysis, if it had taken place, would have indicated the presence of a prescribed drug in the rail safety worker’s body.