Use of test or analysis result in court proceedings
30 Use of test or analysis result in court proceedings
This section applies in any court proceedings in relation to a rail safety worker even if evidence is given in the proceedings that the worker consumed alcohol or a prohibited drug:
after the relevant time in relation to the worker; and
before a preliminary breath test, breath analysis, drug screening test or oral fluid analysis was conducted in relation to the worker or a sample of the worker's blood was taken.
If the breath analysis was conducted in relation to the person in accordance with this Part, the BrAC or BAC indicated by the analysis is taken to be the BAC of the person at the relevant time.
If more than one breath analysis was conducted, the lower of the
BrACs or BACs indicated is taken to be the BAC of the person at the relevant time.
If a sample of a person's blood was taken under this Part:
the BAC indicated by an analysis of the sample is taken to be the
BAC of the person at the relevant time; and
any prohibited drug detected by an analysis of the sample is taken to have been present in the person's body at the relevant time.
If a sample of a rail safety worker's oral fluid is taken under this Part, any prohibited drug detected by an analysis of the sample is taken to have been present in the person's body at the relevant time.
In this section:
relevant time, in relation to a person who is a rail safety worker, means:
if the worker was tested for alcohol or prohibited drugs because of the worker's involvement in a prescribed notifiable occurrence –
the time the occurrence happened; or
otherwise – the time the worker last carried out rail safety work.
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