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reg 5A

Conduct of breath analysis—requirements for statement or notice—Act, s 15 (6) and (7)

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5A Conduct of breath analysis—requirements for statement or notice—Act, s 15 (6) and (7)

(1)

For the Act, section 15 (6), a written statement given to a rail safety worker in relation to an analysis of the worker’s breath must include the following:

(a)

for the authorised person who carried out the breath analysis—the person’s—

(i)

name or service number; and

(ii)

signature;

(b)

if the worker was taken into custody under the Act, section 14, to undertake the breath analysis—the service number and signature of the police officer who took the worker into custody;

(c)

the particulars mentioned in the Road Transport (Alcohol and Drugs) Regulation 2000, schedule 1, other than item 4 and item 5.

(2)

For the Act, section 15 (7), a written notice is taken to have been given to a rail safety worker in relation to an analysis of the worker’s breath if a written statement mentioned in subsection (1) has been given to the worker in relation to the analysis.

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