Rail Safety (National Uniform Legislation) Act 2012

In this Part:

analyst means a person, Agency, administrative unit, entity or organisation authorised to be an analyst under section 33A or the Traffic Act 1987.

BAC means blood alcohol concentration.

BrAC means breath alcohol concentration.

breath analysis instrument means a device prescribed by local regulations to be a breath analysis instrument for this Part.

drug screening test means a test of a kind approved by the Commissioner of Police as a drug screening test for this Part.

health practitioner means:

a medical practitioner as defined in section 5(1); or

a registered nurse as defined in section 5(1); or

a qualified person.

oral fluid analysis means the analysis of saliva conducted in accordance with subsection (5).

preliminary breath test means a test of a kind approved by the Commissioner of Police as a preliminary breath test for this

Part.

prescribed BAC, in relation to a rail safety worker, means the prescribed concentration of alcohol, as defined in section

128(5) of the Rail Safety National Law (NT), in the rail safety worker's blood.

prohibited drug means a prescribed drug as defined in section 128(5) of the Rail Safety National Law (NT).

qualified person means a person who has been trained to take samples of blood from persons by a registered training organisation (as defined in section 3 of the National Vocational

Education and Training Regulator Act 2011 (Cth)).

For this Part and Part 3, Division 9 of the Rail Safety

National Law (NT), anything done by a person acting under the supervision or direction of a medical practitioner, registered nurse or analyst is taken to have been done by the medical practitioner, registered nurse or analyst, as the case may be.

For this Part, anything done by a person acting under the supervision or direction of a qualified person is taken to have been done by the qualified person.

For this Part and section 128 of the Rail Safety National Law

, if a breath analysis instrument gives a result expressed as

BrAC of a particular numerical value, the result is taken to be expressed as BAC of a corresponding numerical value as mentioned in local regulations.

For the purposes of oral fluid analysis:

a device approved by the Commissioner of Police under section

27B(1) of the Traffic Act 1987 must be used; and

the device must be used by a person authorised by:

the Commissioner of Police under section 27B(2) of the Traffic

Act 1987; or

the Regulator under section 124(1) of the Rail Safety

National Law (NT); and

the analysis must follow the procedures for the proper use of the device prescribed under the Traffic Act 1987.

Division 2 Alcohol testing