Rail Safety National Law (ACT) Act 2014

A rail safety worker who has been charged with an offence against the Rail Safety National Law (ACT), section 126 (3) or section 127 (3) may give written notice to the Regulator that the worker will require the attendance, for the purpose of giving evidence orally, at court on the hearing of the charge of each or any person by whom a certificate mentioned in subdivision 3.4.2 is given.

The notice may be given by posting it to the Regulator, or leaving it for the Regulator, at the Regulator’s office—

for a certificate mentioned in section 39 (Evidentiary certificate—authorised person—alcohol‑related test)—not less than 7 days before the date fixed for the hearing of the charge; or

for a certificate mentioned in section 40 (Evidentiary certificate—authorised person—drug‑related test)—not less than 21 days before the date fixed for the hearing of the charge; or

if the court orders a shorter period for service—not less than the shorter period.

Even if a notice has been given under subsection (2) and the people mentioned in the notice give evidence relating to the matters stated in the certificates, the certificates—

are admissible in evidence; and

are evidence of the matters stated in the certificates and of the facts on which they are based; and

have the probative value that the court determines consistently with the other evidence before the court.