{"id":"a-2014-14","name":"Rail Safety National Law (ACT) Act 2014","slug":"rail-safety-national-law-act-act-2014","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"14 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24184,"registerId":"act-a-2014-14-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Rail Safety National Law (ACT) Act 2014","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nRail Safety National Law (ACT) Act 2014\nA2014-14\nRepublication No 9\nEffective: 26 November 2025\nRepublication date: 26 November 2025\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Rail Safety National Law (ACT) Act 2014 (including any amendment\nmade under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n26 November 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 26 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nRail Safety National Law (ACT) Act 2014\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Terms used in Rail Safety National Law (ACT) 2\n5 Notes 2\nPart 2 Application of Rail Safety National Law\n6 Application of Rail Safety National Law 3\n7 Exclusion of Legislation Act 3\n8 Exclusion of other territory laws 4\n9 Meaning of generic terms for Rail Safety National Law (ACT) 5\nPart 3 Alcohol and drug testing\nDivision 3.1 Preliminary\n10 Definitions—pt 3 and testing provisions 7\n\nContents\nPage\ncontents 2 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Appointment of analysts 9\n12 Approval of laboratories 9\nDivision 3.2 Procedures relating to testing and analyses\nSubdivision 3.2.1 Alcohol—breath testing and analysis\n13 Conduct of alcohol screening test 10\n14 Detention for breath analysis 10\n15 Conduct of breath analysis 11\n16 Precautions for privacy—breath analysis 13\nSubdivision 3.2.2 Prescribed drugs—screening test and analysis\n17 Conduct of drug screening test 14\n18 Detention for oral fluid analysis 15\n19 Conduct of oral fluid analysis—generally 16\n20 Oral fluid—sample taken by authorised person 17\n21 Oral fluid—sample taken by police officer from worker in custody—\npreliminary analysis 18\n22 Precautions for privacy—oral fluid analysis 19\n23 Oral fluid—confirmatory analysis 20\n24 Oral fluid analysis statement 21\nSubdivision 3.2.3 Alcohol and drugs—blood test\n25 Conduct of blood test 22\n26 Detention for blood test 23\n27 Requirement to take blood test in hospital after prescribed notifiable\noccurrence 23\n28 Taking blood samples 24\n29 Analysis of blood samples 25\n30 Blood analysis statement 26\nSubdivision 3.2.4 Alcohol and drug testing and analysis—miscellaneous\n31 Power to search rail safety worker in custody 27\n32 Keeping of samples—request by DPP 28\n33 Destruction of samples 29\nDivision 3.3 Offences—alcohol and drug testing and analysis\n34 Failure to submit to alcohol screening test or breath analysis 29\n35 Failure to submit to drug screening test, oral fluid analysis 30\n36 Failure to stay for drug screening test 30\n\nContents\nPage\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n37 Failure to submit to blood test etc 31\nDivision 3.4 Evidence\nSubdivision 3.4.1 Application—div 3.4\n38 Application—div 3.4 32\nSubdivision 3.4.2 Evidentiary certificates\n39 Evidentiary certificate—authorised person—alcohol-related test 32\n40 Evidentiary certificate—authorised person—drug-related test 34\n41 Evidentiary certificate—sample taker 35\n42 Evidentiary certificate—blood sample not taken by sample taker 37\n43 Evidentiary certificates—analysts 38\nSubdivision 3.4.3 Other provisions about evidence\n44 Meaning of this Act—subdiv 3.4.3 39\n45 Effect of noncompliance—analysis of breath or blood 39\n46 Effect of noncompliance—analysis of oral fluid 39\n47 Effect of noncompliance—failure to give sample of breath 40\n48 Effect of noncompliance—failure to give sample of oral fluid 40\n49 Oral evidence about evidentiary certificate 41\n50 Evidence about presence of alcohol and prescribed drugs 42\nDivision 3.5 Miscellaneous\n51 How alcohol concentration may be expressed 43\n52 Protection of police officers and medical staff 43\n53 Abrogation of privilege of self-incrimination—derivative use immunity 44\nPart 4 Miscellaneous\n54 Provision of information and assistance to Regulator 46\n55 Regulation-making power 46\nDictionary 48\nEndnotes\n1 About the endnotes 51\n2 Abbreviation key 51\n3 Legislation history 52\n\nContents\nPage\ncontents 4 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history 54\n5 Earlier republications 56\n6 Expired transitional or validating provisions 57\n\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nRail Safety National Law (ACT) Act 2014\nAn Act to provide for a national system of rail safety, and for other purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Rail Safety National Law (ACT) Act 2014.\n3 Dictionary\n(1) The dictionary at the end of this Act is part of this Act.\n(2) A definition in the dictionary applies to the local application\nprovisions of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘this Act, for subdivision 3.4.3\n(Other provisions about evidence)—see section 44.’ means that the term\n‘this Act’ is defined in that section for subdivision 3.4.3.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Terms used in Rail Safety National Law (ACT)\nTerms used in the local application provisions of this Act and also in\nthe Rail Safety National Law (ACT) have the same meanings in those\nprovisions as they have in that Law.\nNote A definition in an Act applies except so far as the contrary intention\nappears (see Legislation Act, s 155).\n5 Notes\nA note included in the local application provisions of this Act is\nexplanatory and is not part of those provisions.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nApplication of Rail Safety National Law Part 2\nSection 6\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Application of Rail Safety\nNational Law\n6 Application of Rail Safety National Law\nThe Rail Safety National Law set out in the schedule to the South\nAustralian Act, as amended from time to time—\n(a) applies as a territory law; and\n(b) as so applying may be referred to as the Rail Safety National\nLaw (ACT); and\n(c) so applies as if it were part of this Act.\n7 Exclusion of Legislation Act\n(1) The Legislation Act does not apply to the Rail Safety National\nLaw (ACT).\n(2) However, the Legislation Act, chapter 7 (Presentation, amendment\nand disallowance of subordinate laws and disallowable instruments)\napplies to a national regulation as if—\n(a) a reference to a subordinate law were a reference to a national\nregulation; and\n(b) a reference in the Legislation Act, section 64 (1) (Presentation\nof subordinate laws and disallowable instruments) to—\n(i) ‘6 sitting days’ were a reference to ‘20 sitting days’; and\n(ii) ‘notification day’ were a reference to ‘published’ as\nmentioned in the Rail Safety National Law (ACT),\nsection 265 (1) (Publication of national regulations); and\n(c) any other necessary changes were made.\n\nPart 2 Application of Rail Safety National Law\nSection 8\npage 4 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Also, the Legislation Act, section 104 (References to laws include\nreferences to instruments under laws) and section 191 (Offences\nagainst 2 or more laws) apply to the Rail Safety National Law (ACT)\nas if that Law were an Act.\n(4) This section does not limit the application of the Legislation Act to\nthe local application provisions of this Act.\n8 Exclusion of other territory laws\n(1) The following territory laws do not apply to the Regulator:\n(a) the Annual Reports (Government Agencies) Act 2004;\n(b) the Auditor-General Act 1996;\n(c) the Criminal Code;\n(d) the Financial Management Act 1996;\n(e) the Freedom of Information Act 2016;\n(f) the Government Procurement Act 2001;\n(g) the Public Interest Disclosure Act 2012;\n(h) the Public Sector Management Act 1994;\n(i) the Territory Records Act 2002.\n(2) However, if a function of the Regulator under the Rail Safety National\nLaw (ACT) is exercised by an entity that would, apart from\nsubsection (1), be subject to a law mentioned in that subsection, the\nlaw applies to the entity.\nExample\nThe Regulator has an agreement mentioned in the Rail Safety National Law (ACT),\ns 15 (2) (a) with an ACT entity. The entity is a territory authority. The Financial\nManagement Act 1996 applies to territory authorities. Therefore, the entity must\ncomply with that Act when doing things under the agreement.\n\nApplication of Rail Safety National Law Part 2\nSection 9\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Meaning of generic terms for Rail Safety National\nLaw (ACT)\n(1) In the Rail Safety National Law (ACT):\ncourt means—\n(a) for part 5 (Enforcement measures) and part 10, division 6\n(Enforceable voluntary undertakings)—the Magistrates Court;\nand\n(b) for part 7 (Review of decisions)—the ACAT.\nemergency service—see the Legislation Act, dictionary, part 1,\ndefinition of emergency service.\nNote The Legislation Act, dict, pt 1 defines emergency service as the\nambulance service, the fire and rescue service, the rural fire service or the\nSES.\nmagistrate means a Magistrate under the Magistrates Court\nAct 1930.\nMinister—see the Legislation Act, section 162.\npolice officer means a member or special member of the Australian\nFederal Police.\npublic sector auditor means the auditor-general appointed under the\nPublic Finance and Audit Act 1987 (SA), section 24.\nroad—see the Road Transport (General) Act 1999, dictionary.\nroad vehicle means a motor vehicle as defined in the Road Transport\n(General) Act 1999, dictionary.\nshared path—see the Road Transport (Road Rules) Regulation 2017,\ndictionary.\nthe jurisdiction or this jurisdiction means the ACT.\n\nPart 2 Application of Rail Safety National Law\nSection 9\npage 6 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) In the Rail Safety National Law (ACT), a reference to giving notice of\nsomething in the Gazette is a reference to giving notice of the thing\nin the ACT legislation register under the Legislation Act 2001 as a\nnotifiable instrument.\n\nAlcohol and drug testing Part 3\nPreliminary Division 3.1\nSection 10\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Alcohol and drug testing\nDivision 3.1 Preliminary\n10 Definitions—pt 3 and testing provisions\n(1) In this part and the testing provisions:\nalcohol screening device means a device prescribed under—\n(a) the Road Transport (Alcohol and Drugs) Act 1977, section 7; or\n(b) this Act.\nalcohol screening test, for a person—see the Road Transport\n(Alcohol and Drugs) Act 1977, dictionary.\nNote An alcohol screening test is a preliminary breath test for the Rail Safety\nNational Law (ACT), s 126 (see this section, def preliminary breath test).\nanalyst means an analyst appointed under—\n(a) the Road Transport (Alcohol and Drugs) Act 1977, section 5B;\nor\n(b) section 11.\napproved laboratory means a laboratory or other entity approved\nunder—\n(a) the Road Transport (Alcohol and Drugs) Act 1977, section 6; or\n(b) section 12.\nblood test, for a person, means a test of a sample of the person’s blood\ncarried out in accordance with this part and the testing provisions.\nbreath analysis, for a person, means an analysis of a sample of the\nperson’s breath carried out for this part and the testing provisions by\na breath analysis instrument.\n\nPart 3 Alcohol and drug testing\nDivision 3.1 Preliminary\nSection 10\npage 8 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nbreath analysis instrument means an instrument prescribed under—\n(a) the Road Transport (Alcohol and Drugs) Act 1977, section 7A;\nor\n(b) this Act.\ndrug screening device means a device prescribed under—\n(a) the Road Transport (Alcohol and Drugs) Act 1977, section 7B;\nor\n(b) this Act.\ndrug screening test, for a person, means a test of a sample of the\nperson’s oral fluid using a drug screening device.\noral fluid analysis, for a person, means an analysis of a sample of the\nperson’s oral fluid carried out for this part and the testing provisions\nusing an oral fluid analysis instrument.\noral fluid analysis instrument means an instrument prescribed\nunder—\n(a) the Road Transport (Alcohol and Drugs) Act 1977, section 7C;\nor\n(b) this Act.\npreliminary breath test means an alcohol screening test.\nprescribed concentration of alcohol, in relation to a rail safety\nworker—see the Rail Safety National Law (ACT), section 128 (5).\nprescribed drug—see the Rail Safety National Law (ACT),\nsection 128 (5).\nsample taker means a doctor or nurse.\n\nAlcohol and drug testing Part 3\nPreliminary Division 3.1\nSection 11\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nsampling facility means a facility prescribed under—\n(a) the Road Transport (Alcohol and Drugs) Act 1977, dictionary,\ndefinition of sampling facility; or\n(b) this Act.\ntesting provisions means the Rail Safety National Law (ACT), part 3,\ndivision 9.\n(2) In this part, a reference to a regulation is a reference to a regulation\nmade for this part and the testing provisions.\n(3) For this part and the testing provisions, a thing is taken to have been\ndone by a doctor, nurse or analyst if it is done by a person acting under\nthe supervision or direction of the doctor, nurse or analyst.\n11 Appointment of analysts\nThe Minister may appoint a person as an analyst for this part and the\ntesting provisions.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see Legislation\nAct, s 207).\n12 Approval of laboratories\n(1) The Minister may approve a laboratory or other entity as an approved\nlaboratory for this part and the testing provisions.\n(2) An approval is a notifiable instrument.\n\nPart 3 Alcohol and drug testing\nDivision 3.2 Procedures relating to testing and analyses\nSection 13\npage 10 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.2 Procedures relating to testing and\nanalyses\nSubdivision 3.2.1 Alcohol—breath testing and analysis\n13 Conduct of alcohol screening test\n(1) This section applies if an authorised person requires a rail safety\nworker to submit to an alcohol screening test under the Rail Safety\nNational Law (ACT), section 126 (Authorised person may require\npreliminary breath test or breath analysis).\n(2) An authorised person must not require a rail safety worker to submit\nto an alcohol screening test—\n(a) if the worker was involved in a prescribed notifiable occurrence\nand—\n(i) the worker was taken to hospital—if more than 8 hours has\npassed since the worker’s arrival at the hospital; or\n(ii) the worker was not taken to hospital—if more than 8 hours\nhas passed since the prescribed notifiable occurrence\nhappened; or\n(b) if the worker was not involved in a prescribed notifiable\noccurrence—if more than 8 hours has passed since the worker\nstopped carrying out rail safety work.\n14 Detention for breath analysis\n(1) This section applies if—\n(a) the following applies:\n(i) a rail safety worker submits to an alcohol screening test\nunder a requirement made by an authorised person under\nthe Rail Safety National Law (ACT), section 126\n(Authorised person may require preliminary breath test or\nbreath analysis);\n\nAlcohol and drug testing Part 3\nProcedures relating to testing and analyses Division 3.2\nSection 15\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) the alcohol screening device used for the test shows that\nthe concentration of alcohol in the worker’s blood or breath\nis the prescribed concentration of alcohol; or\n(b) a rail safety worker required by an authorised person to submit\nto an alcohol screening test under the Rail Safety National\nLaw (ACT), section 126 fails to submit to the test in accordance\nwith the directions of the authorised person.\nNote Fail includes refuse (see Legislation Act, dict, pt 1).\n(2) A police officer may take the rail safety worker into custody for the\nworker to undertake breath analysis.\n(3) If a breath analysis instrument is not available at the place where the\nalcohol screening test is, or may be, undertaken, the police officer\nmust take the worker, as soon as practicable, to a police station or\nother convenient place (for example, a police vehicle) for the worker\nto undertake breath analysis.\n(4) The rail safety worker must not be held in custody after the earlier of\nthe following:\n(a) the time when the authorised person gives the worker the written\nstatement mentioned in section 15 (6);\n(b) the end of whichever of the periods mentioned in section 15 (2)\napplies in relation to the worker.\n(5) This section does not prevent an authorised person other than a police\nofficer from carrying out breath analysis under section 15 if the\ncircumstances mentioned in subsection (1) (a) apply to the rail safety\nworker.\n15 Conduct of breath analysis\n(1) This section applies if an authorised person requires a rail safety\nworker to submit to breath analysis under the Rail Safety National\nLaw (ACT), section 126 (Authorised person may require preliminary\nbreath test or breath analysis).\n\nPart 3 Alcohol and drug testing\nDivision 3.2 Procedures relating to testing and analyses\nSection 15\npage 12 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) An authorised person must not require a rail safety worker to submit\nto breath analysis—\n(a) if the rail safety worker was required to submit to an alcohol\nscreening test under the Rail Safety National Law (ACT),\nsection 126—if more than 2 hours has passed since the alcohol\nscreening test was carried out; or\n(b) in any other case—\n(i) if the worker was involved in a prescribed notifiable\noccurrence and—\n(A) the worker was taken to hospital—if more than\n8 hours has passed since the worker’s arrival at the\nhospital; or\n(B) the worker was not taken to hospital—if more than\n8 hours has passed since the prescribed notifiable\noccurrence happened; or\n(ii) if the worker was not involved in a prescribed notifiable\noccurrence—if more than 8 hours has passed since the\nworker stopped carrying out rail safety work.\n(3) Breath analysis may only be carried out by—\n(a) a police officer; or\n(b) for an authorised person other than a police officer—an\nauthorised person authorised to do so by the Regulator.\n(4) A regulation may provide for the following:\n(a) the conditions for carrying out breath analysis;\n(b) the procedures to be followed in relation to carrying out breath\nanalysis;\n(c) the circumstances in which the result of a breath analysis must\nbe disregarded for this part and the testing provisions.\n\nAlcohol and drug testing Part 3\nProcedures relating to testing and analyses Division 3.2\nSection 16\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) If, because of a regulation made for subsection (4) (c), the result of a\nbreath analysis must be disregarded for this part and the testing\nprovisions, the authorised person may, if another breath analysis\ninstrument is available at the police station or other place where the\nrequirement under subsection (1) is made, require the rail safety\nworker to give, in accordance with the authorised person’s reasonable\ndirections, a sample of the worker’s breath for breath analysis using\nanother breath analysis instrument.\n(6) As soon as practicable after the breath analysis has been carried out,\nthe authorised person who carried out the analysis must give the rail\nsafety worker a written statement, signed by the authorised person,\ncontaining the particulars required by regulation to be included in the\nstatement.\nExample––written statement\na print-out from the breath analysis instrument\n(7) If the reading from the breath analysis instrument shows that the\nconcentration of alcohol in the rail safety worker’s blood or breath is\nthe prescribed concentration of alcohol, the authorised person must\ngive the worker the written notice prescribed by regulation.\n16 Precautions for privacy—breath analysis\n(1) An authorised person carrying out breath analysis for a rail safety\nworker must take all practicable steps to ensure that it is not readily\napparent to members of the public that the breath analysis is being\ncarried out.\n(2) Subsection (1) does not apply if the breath analysis is carried out at a\npolice station.\n\nPart 3 Alcohol and drug testing\nDivision 3.2 Procedures relating to testing and analyses\nSection 17\npage 14 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSubdivision 3.2.2 Prescribed drugs—screening test and\nanalysis\n17 Conduct of drug screening test\n(1) This section applies if an authorised person requires a rail safety\nworker to submit to a drug screening test under the Rail Safety\nNational Law (ACT), section 127 (Authorised person may require\ndrug screening test, oral fluid analysis, urine test and blood test).\n(2) A drug screening test may only be carried out by—\n(a) a police officer; or\n(b) for an authorised person other than a police officer—an\nauthorised person authorised to do so by the Regulator.\n(3) The rail safety worker must stay at the place where the drug screening\ntest is being carried out for the time (not exceeding 30 minutes from\nthe time the worker starts the test) reasonably necessary for the test to\nbe completed in accordance with the authorised person’s directions.\nExample—time reasonably necessary\na drug screening device is not immediately available and the authorised person\ndirects the worker to stay at the place while a device is made available\nNote A rail safety worker is taken to have committed an offence against the\nRail Safety National Law (ACT), s 127 if the worker fails to comply with\nthe direction of an authorised person under this section—see s 36 (Failure\nto stay for drug screening test).\n(4) An authorised person must not require a rail safety worker to submit\nto a drug screening test—\n(a) if the worker was involved in a prescribed notifiable occurrence\nand—\n(i) the worker was taken to hospital—if more than 8 hours has\npassed since the worker’s arrival at the hospital; or\n\nAlcohol and drug testing Part 3\nProcedures relating to testing and analyses Division 3.2\nSection 18\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) the worker was not taken to hospital—if more than 8 hours\nhas passed since the prescribed notifiable occurrence\nhappened; or\n(b) if the worker was not involved in a prescribed notifiable\noccurrence—if more than 8 hours has passed since the worker\nstopped carrying out rail safety work.\n18 Detention for oral fluid analysis\n(1) This section applies if—\n(a) the following applies:\n(i) a rail safety worker submits to a drug screening test under\na requirement made by an authorised person under the Rail\nSafety National Law (ACT), section 127 (Authorised\nperson may require drug screening test, oral fluid analysis,\nurine test and blood test);\n(ii) the drug screening device used for the test shows that a\nprescribed drug is present in the worker’s oral fluid; or\n(b) a rail safety worker required by an authorised person to submit\nto a drug screening test under the Rail Safety National\nLaw (ACT), section 127 fails to submit to the test in accordance\nwith the directions of the authorised person.\nNote Fail includes refuse (see Legislation Act, dict, pt 1).\n(2) A police officer may take the rail safety worker into custody for the\nworker to undertake oral fluid analysis.\n(3) If an oral fluid analysis instrument is not available at the place where\nthe drug screening test is, or may be, undertaken, the police officer\nmust take the worker, as soon as practicable, to a police station or\nother convenient place (for example, a police vehicle) for the worker\nto undertake oral fluid analysis.\n\nPart 3 Alcohol and drug testing\nDivision 3.2 Procedures relating to testing and analyses\nSection 19\npage 16 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The rail safety worker must not be held in custody after the earlier of\nthe following:\n(a) the time when the authorised person gives the worker the written\nstatement mentioned in section 21 (4) (Oral fluid—sample taken\nby police officer from worker in custody—preliminary\nanalysis);\n(b) the end of whichever of the periods mentioned in section 19 (2)\napplies in relation to the worker.\n(5) This section does not prevent an authorised person other than a police\nofficer from carrying out oral fluid analysis under section 19 if the\ncircumstances mentioned in subsection (1) (a) apply to the rail safety\nworker.\n19 Conduct of oral fluid analysis—generally\n(1) This section applies if an authorised person requires a rail safety\nworker to submit to oral fluid analysis under the Rail Safety National\nLaw (ACT), section 127 (Authorised person may require drug\nscreening test, oral fluid analysis, urine test and blood test).\n(2) An authorised person must not require a rail safety worker to submit\nto oral fluid analysis—\n(a) if the rail safety worker was required to submit to a drug\nscreening test under the Rail Safety National Law (ACT),\nsection 126—if more than 2 hours has passed since the drug\nscreening test was carried out; or\n(b) in any other case—\n(i) if the worker was involved in a prescribed notifiable\noccurrence and—\n(A) the worker was taken to hospital—if more than\n8 hours has passed since the worker’s arrival at the\nhospital; or\n\nAlcohol and drug testing Part 3\nProcedures relating to testing and analyses Division 3.2\nSection 20\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(B) the worker was not taken to hospital—if more than 8\nhours has passed since the prescribed notifiable\noccurrence happened; or\n(ii) if the worker was not involved in a prescribed notifiable\noccurrence—if more than 8 hours has passed since the\nworker stopped carrying out rail safety work.\n(3) A sample of a rail safety worker’s oral fluid for oral fluid analysis\nmay only be taken by—\n(a) a police officer; or\n(b) for an authorised person other than a police officer—\nan authorised person authorised to do so by the Regulator.\n(4) A regulation may provide for the following:\n(a) the conditions for carrying out oral fluid analysis;\n(b) the procedures to be followed in relation to carrying out oral\nfluid analysis;\n(c) the circumstances in which the result of oral fluid analysis must\nbe disregarded for this part and the testing provisions.\n(5) If, because of a regulation made for subsection (4) (c), the result of\noral fluid analysis must be disregarded, the authorised person may, if\nanother oral fluid analysis instrument is available at the place where\nthe requirement under subsection (1) is made, require the rail safety\nworker to give, in accordance with the authorised person’s reasonable\ndirections, another sufficient sample of the worker’s oral fluid for oral\nfluid analysis using another oral fluid analysis instrument.\n20 Oral fluid—sample taken by authorised person\n(1) This section applies if an authorised person other than a police officer\ntakes a sample of oral fluid for oral fluid analysis from a rail safety\nworker under section 19.\n\nPart 3 Alcohol and drug testing\nDivision 3.2 Procedures relating to testing and analyses\nSection 21\npage 18 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If oral fluid analysis is not to be disregarded for this part and the\ntesting provisions because of a regulation made for section 19 (4) (c),\nthe authorised person must—\n(a) place the sample into a container; and\n(b) attach a label to the container that includes the following\ninformation:\n(i) the authorised person’s name;\n(ii) the name of the rail safety worker who gave the sample;\n(iii) the date and time the sample was given; and\n(c) ensure that the container is sealed with a tamper-evident seal that\nhas a unique identifying number marked on it.\n(3) The authorised person must ensure that the sample is taken to an\napproved laboratory as soon as practicable after it is stored and sealed.\n21 Oral fluid—sample taken by police officer from worker in\ncustody—preliminary analysis\n(1) This section applies if—\n(a) a rail safety worker has been taken into custody under section 18\nfor oral fluid analysis; and\n(b) a police officer takes a sample of oral fluid for oral fluid analysis\nfrom the worker under section 19.\n(2) An authorised operator must carry out oral fluid analysis on a part of\nthe sample.\n(3) If oral fluid analysis is not to be disregarded for this part and the\ntesting provisions because of a regulation made for section 19 (4) (c),\nthe authorised operator must—\n(a) place the part of the sample not analysed under this section into\na container; and\n\nAlcohol and drug testing Part 3\nProcedures relating to testing and analyses Division 3.2\nSection 22\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) attach a label to the container that includes the following\ninformation:\n(i) the authorised operator’s name;\n(ii) the name of the rail safety worker who gave the sample;\n(iii) the date and time the sample was given; and\n(c) ensure that the container is sealed with a tamper-evident seal that\nhas a unique identifying number marked on it.\n(4) As soon as practicable after oral fluid analysis has been carried out,\nthe authorised operator who carried out the analysis must give the rail\nsafety worker a written statement, signed by the authorised operator,\ncontaining the particulars required by regulation to be included in the\nstatement.\nExample––written statement\na print-out from the oral fluid analysis instrument\n(5) The chief police officer must ensure that the sample is taken to an\napproved laboratory as soon as practicable after it is stored and sealed\nunder subsection (3).\n(6) In this section:\nauthorised operator means a police officer who has been authorised\nunder the Road Transport (Alcohol and Drugs) Act 1977, section 5 to\ncarry out oral fluid analysis for that Act.\n22 Precautions for privacy—oral fluid analysis\n(1) An authorised person carrying out oral fluid analysis for a rail safety\nworker must take all practicable steps to ensure that it is not readily\napparent to members of the public that the oral fluid analysis is being\ncarried out.\n(2) Subsection (1) does not apply if the oral fluid analysis is carried out\nat a police station.\n\nPart 3 Alcohol and drug testing\nDivision 3.2 Procedures relating to testing and analyses\nSection 23\npage 20 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n23 Oral fluid—confirmatory analysis\n(1) This section applies if a sample of oral fluid is taken to an approved\nlaboratory under—\n(a) section 20 (3) (Oral fluid—sample taken by authorised person);\nor\n(b) section 21 (5) (Oral fluid—sample taken by police officer from\nworker in custody—preliminary analysis).\n(2) An analyst at the approved laboratory must, as soon as practicable,\narrange for the analysis of the sample at the laboratory or another\napproved laboratory to work out whether a prescribed drug is present\nin the sample.\n(3) An analyst responsible for testing the sample must take reasonable\ncare to ensure that a part of the sample (the preserved part) sufficient\nfor analysis to be carried out for the rail safety worker who gave the\nsample (the tested worker) is protected and preserved until—\n(a) if a request is made under subsection (5)—the preserved part is\nsent to the laboratory nominated by the tested worker; or\n(b) in any other case—\n(i) 1 year has passed since the sample was taken from the\ntested worker; or\n(ii) if a request is made by the DPP under section 32 (Keeping\nof samples—request by DPP)—the proceeding to which\nthe sample relates has finally been decided (including any\nappeals).\n(4) However, subsection (3) does not apply if the amount of the sample\nremaining after analysis under subsection (2) is insufficient for\nfurther analysis.\n\nAlcohol and drug testing Part 3\nProcedures relating to testing and analyses Division 3.2\nSection 24\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) Before the end of the period mentioned in subsection (3) (b), the\ntested worker may ask that the preserved part of the sample be sent,\nat the tested worker’s expense, to a laboratory nominated by the\nworker.\n(6) If a request is made under subsection (5), the analyst must ensure that\nthe preserved part of the sample is sent to the nominated laboratory\nas soon as practicable.\n24 Oral fluid analysis statement\n(1) As soon as practicable after an analysis of a sample of a rail safety\nworker’s oral fluid is carried out under section 23, the authorised\nperson must ensure the worker is given a written statement that\nincludes the following information:\n(a) the date and time the oral fluid sample was taken;\n(b) the unique identifying number on the tamper-evident seal;\n(c) the result of the analysis;\n(d) the address where the preserved part of the oral fluid sample is\nbeing held;\n(e) that the person will be notified, in writing, of a request (if any)\nby the DPP under section 32 (Keeping of samples—request by\nDPP);\n(f) that the person may, before the end of the period mentioned in\nsection 23 (3) (b), ask the analyst to send the preserved part of\nthe oral fluid sample to a laboratory nominated by the worker,\nat the worker’s expense.\n(2) In this section:\npreserved part—see section 23 (3).\n\nPart 3 Alcohol and drug testing\nDivision 3.2 Procedures relating to testing and analyses\nSection 25\npage 22 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSubdivision 3.2.3 Alcohol and drugs—blood test\n25 Conduct of blood test\n(1) This section applies if an authorised person requires a rail safety\nworker to submit to a blood test under the Rail Safety National\nLaw (ACT), section 127 (Authorised person may require drug\nscreening test, oral fluid analysis, urine test and blood test).\n(2) A blood test may only be carried out by a sample taker.\n(3) An authorised person must not require a rail safety worker to submit\nto a blood test—\n(a) if the rail safety worker was required to submit to an alcohol\nscreening test or a drug screening test under the Rail Safety\nNational Law (ACT), section 126 or section 127—if more than\n4 hours have passed since the test was carried out; or\n(b) in any other case—\n(i) if the worker was involved in a prescribed notifiable\noccurrence and—\n(A) the worker was taken to hospital—if more than\n2 hours has passed since the worker’s arrival at the\nhospital; or\n(B) the worker was not taken to hospital—if more than 8\nhours has passed since the prescribed notifiable\noccurrence happened; or\n(ii) if the worker was not involved in a prescribed notifiable\noccurrence—if more than 8 hours has passed since the\nworker stopped carrying out rail safety work.\n\nAlcohol and drug testing Part 3\nProcedures relating to testing and analyses Division 3.2\nSection 26\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n26 Detention for blood test\n(1) This section applies if a rail safety worker is required by an authorised\nperson to submit to a blood test under the Rail Safety National\nLaw (ACT), section 127 (Authorised person may require drug\nscreening test, oral fluid analysis, urine test and blood test).\nNote Fail includes refuse (see Legislation Act, dict, pt 1).\n(2) A police officer may take the rail safety worker into custody for the\nworker to undertake a blood test.\n(3) The police officer must take the rail safety worker, as soon as\npracticable, to a hospital or sampling facility for the worker to\nundertake a blood test.\n(4) A sample of a rail safety worker’s blood must be taken as soon as\npracticable after the arrival of the worker at hospital or at the sampling\nfacility and must not be taken more than 2 hours after the arrival of\nthe worker at hospital or at the facility.\n(5) The sample taker taking a sample of blood from a rail safety worker\nmust take the sample in the presence of a police officer.\n(6) The rail safety worker must not be held in custody after the earlier of\nthe following:\n(a) the sample of the worker’s blood of the person has been taken;\n(b) the end of whichever of the periods mentioned in section 25 (3)\napplies in relation to the worker.\n27 Requirement to take blood test in hospital after\nprescribed notifiable occurrence\n(1) This section applies if—\n(a) a rail safety worker is injured as a result of a prescribed\nnotifiable occurrence; and\n\nPart 3 Alcohol and drug testing\nDivision 3.2 Procedures relating to testing and analyses\nSection 28\npage 24 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) not longer than 8 hours after the occurrence, the worker attends\nat or is admitted to hospital to receive treatment for the injury.\n(2) A doctor or nurse (the sample taker) who treats the rail safety worker\nmust within 2 hours after the worker arrives at the hospital take a\nsample of the worker’s blood.\n(3) The rail safety worker must give a sample of the worker’s blood in\naccordance with the directions of the sample taker.\nNote A rail safety worker is taken to have committed an offence against the\nRail Safety National Law (ACT), s 127 (3) if the worker fails to comply\nwith s (3) (see s 37).\n28 Taking blood samples\n(1) This section applies if a sample of blood is taken under this part or\nthe testing provisions by a sample taker.\n(2) The sample taker taking a sample of blood from a rail safety worker\nmust—\n(a) place the sample into a container; and\n(b) attach a label to the container that includes the following\ninformation:\n(i) the sample taker’s name;\n(ii) the worker’s name;\n(iii) the date and time the sample was taken; and\n(c) ensure that the container is sealed with a tamper-evident seal that\nhas a unique identifying number marked on it; and\n(d) put the sealed container into a one-way box.\n(3) The chief police officer must, as soon as practicable, arrange for the\ncontainer to be collected from the one-way box by an analyst.\n\nAlcohol and drug testing Part 3\nProcedures relating to testing and analyses Division 3.2\nSection 29\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n29 Analysis of blood samples\n(1) This section applies if, under section 28—\n(a) a sample of blood is taken from a rail safety worker for analysis;\nand\n(b) an analyst has collected the sealed container containing the\nsample from a one-way box.\n(2) The analyst must, as soon as practicable, arrange for the analysis of\nthe sample of blood at an approved laboratory to work out, as far as\npracticable—\n(a) the concentration of alcohol in the blood; or\n(b) whether a prescribed drug is present in the blood.\n(3) If an authorised person has reasonable cause to suspect that the rail\nsafety worker has a drug other than a prescribed drug or alcohol in\nthe worker’s body, or that the worker’s behaviour may be affected by\nthe presence of a drug other than a prescribed drug or alcohol in the\nworker’s body, the authorised person may ask the analyst to work out\nthe following:\n(a) whether 1 or more drugs other than a prescribed drug or alcohol\nare present in the sample;\n(b) if a drug other than a prescribed drug or alcohol is present in the\nsample—the concentration, quantity or other measurement of\nthe drug.\n(4) The analyst must, as far as practicable, comply with the authorised\nperson’s request.\n(5) The analyst must take reasonable care to ensure that a part of the\nsample sufficient for analysis to be carried out for the rail safety\nworker (the preserved part) is protected and preserved until—\n(a) if a request is made under subsection (7)—the preserved part is\nsent to the laboratory nominated by the worker; or\n\nPart 3 Alcohol and drug testing\nDivision 3.2 Procedures relating to testing and analyses\nSection 30\npage 26 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) in any other case—\n(i) 1 year has passed since the sample was taken from the\nworker; or\n(ii) if a request is made by the DPP under section 32 (Keeping\nof samples—request by DPP)—the proceeding to which\nthe sample relates has finally been decided (including any\nappeals).\n(6) However, subsection (5) does not apply if the amount of the sample\nremaining after analysis under subsection (2) is insufficient for\nfurther analysis.\n(7) Before the end of the period mentioned in subsection (5) (b), the rail\nsafety worker may ask that the preserved part of the sample be sent,\nat the worker’s expense, to a laboratory nominated by the person.\n(8) If a request is made under subsection (7), the analyst must ensure that\nthe preserved part of the sample is sent to the nominated laboratory\nas soon as practicable.\n30 Blood analysis statement\n(1) As soon as practicable after an analysis of a sample of a rail safety\nworker’s blood is carried out under section 29, the authorised person\nmust ensure the worker is given a written statement that includes the\nfollowing information:\n(a) the date and time the blood sample was taken;\n(b) the unique identifying number on the tamper-evident seal;\n(c) the place where the blood sample was taken;\n(d) the result of the analysis;\n(e) the address where the preserved part of the blood sample is being\nheld;\n\nAlcohol and drug testing Part 3\nProcedures relating to testing and analyses Division 3.2\nSection 31\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(f) that the worker will be notified, in writing, of a request (if any)\nby the DPP under section 32 (Keeping of samples—request by\nDPP);\n(g) that the worker may, before the end of the period mentioned in\nsection 29 (5) (b), ask the analyst to send the preserved part of\nthe blood sample to a laboratory nominated by the worker, at the\nworker’s expense.\n(2) In this section:\npreserved part—see section 29 (5).\nSubdivision 3.2.4 Alcohol and drug testing and analysis—\nmiscellaneous\n31 Power to search rail safety worker in custody\n(1) A police officer may search a rail safety worker who is taken into\ncustody under the following sections and may take possession of any\nprescribed item found in the worker’s possession:\n(a) section 14 (Detention for breath analysis);\n(b) section 18 (Detention for oral fluid analysis);\n(c) section 26 (Detention for blood test).\n(2) For the search, the police officer may request the assistance of another\npolice officer of the same sex as the rail safety worker being searched.\n(3) A rail safety worker is entitled to the return of a prescribed item taken\nfrom the worker under this section when the worker ceases to be in\ncustody, unless—\n(a) possession of the item by the worker would be an offence against\na law applying in the Territory; or\n(b) a police officer believes on reasonable grounds that possession\nof the item by the worker could present a danger to a person.\n\nPart 3 Alcohol and drug testing\nDivision 3.2 Procedures relating to testing and analyses\nSection 32\npage 28 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) In this section:\nprescribed item means anything that could—\n(a) present a danger to a person; or\n(b) be used to assist a person to escape from lawful custody.\nsearch means a search of a rail safety worker or of anything in the\nworker’s possession, and may include––\n(a) requiring the worker to remove only the worker’s overcoat, coat,\njacket or a similar article of clothing and any footwear, gloves\nor headwear; and\n(b) an examination of them.\n32 Keeping of samples—request by DPP\n(1) This section applies if—\n(a) a blood or an oral fluid sample was taken from a rail safety\nworker under this part or the testing provisions for analysis; and\n(b) the preserved part of the sample—\n(i) is being kept at the approved laboratory where the analysis\nwas carried out; and\n(ii) has not been sent to a nominated laboratory under\nsection 23 (6) (Oral fluid—confirmatory analysis) or\nsection 29 (8) (Analysis of blood samples); and\n(c) a proceeding against the worker—\n(i) has not begun; or\n(ii) has begun but not been finally decided (including any\nappeals).\n(2) The DPP may ask the approved laboratory to keep the preserved part\nof the sample until the proceeding has finally been decided (including\nany appeals).\n\nAlcohol and drug testing Part 3\nOffences—alcohol and drug testing and analysis Division 3.3\nSection 33\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If the DPP makes a request under subsection (2), the DPP must tell\nthe rail safety worker about the request as soon as practicable.\n(4) In this section:\npreserved part—\n(a) in relation to an oral fluid sample––see section 23 (3); or\n(b) in relation to a blood sample—see section 29 (5).\n33 Destruction of samples\n(1) This section applies to the part of a sample preserved under\nsection 23 (3) (Oral fluid––confirmatory analysis) or section 29 (5)\n(Analysis of blood samples).\n(2) An analyst must arrange for the preserved part to be destroyed after\nthe end of the period for which the preserved part must be kept under\nsection 23 (3) (b) or section 29 (5) (b).\nDivision 3.3 Offences—alcohol and drug testing\nand analysis\n34 Failure to submit to alcohol screening test or breath\nanalysis\n(1) This section applies if—\n(a) an authorised person requires the worker to submit to an alcohol\nscreening test or breath analysis under the Rail Safety National\nLaw (ACT), section 126 (Authorised person may require\npreliminary breath test or breath analysis); and\n(b) the worker fails to comply with the requirement or a reasonable\ndirection in relation to the requirement.\nNote Fail includes refuse (see Legislation Act, dict, pt 1).\n(2) The rail safety worker is taken to have committed an offence against\nthe Rail Safety National Law (ACT), section 126 (3).\n\nPart 3 Alcohol and drug testing\nDivision 3.3 Offences—alcohol and drug testing and analysis\nSection 35\npage 30 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) It is a defence to a prosecution for an offence against the Rail Safety\nNational Law (ACT), section 126 (3) if the defendant proves that the\nrefusal or failure was based on medical grounds.\n35 Failure to submit to drug screening test, oral fluid\nanalysis\n(1) This section applies if—\n(a) an authorised person requires the worker to submit to a drug\nscreening test or oral fluid analysis under the Rail Safety\nNational Law (ACT), section 127 (Authorised person may\nrequire drug screening test, oral fluid analysis, urine test and\nblood test); and\n(b) the worker fails to comply with the requirement or a reasonable\ndirection in relation to the requirement.\nNote Fail includes refuse (see Legislation Act, dict, pt 1).\n(2) The rail safety worker is taken to have committed an offence against\nthe Rail Safety National Law (ACT), section 127 (3).\n(3) It is a defence to a prosecution for an offence against the Rail Safety\nNational Law (ACT), section 127 (3) if the defendant proves that the\nrefusal or failure was based on medical grounds.\n36 Failure to stay for drug screening test\n(1) This section applies if the worker—\n(a) is required by an authorised person to submit to a drug screening\ntest under the Rail Safety National Law (ACT), section 127\n(Authorised person may require drug screening test, oral fluid\nanalysis, urine test and blood test); and\n\nAlcohol and drug testing Part 3\nOffences—alcohol and drug testing and analysis Division 3.3\nSection 37\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) fails to stay at the place where the test is being carried out for\nthe time (not exceeding 30 minutes from the time the worker\nstarts the test) reasonably necessary for the test to be completed\nin accordance with the authorised person’s directions.\nNote Fail includes refuse (see Legislation Act, dict, pt 1).\n(2) The rail safety worker is taken to have committed an offence against\nthe Rail Safety National Law (ACT), section 127 (3).\n37 Failure to submit to blood test etc\n(1) Subsection (3) applies if—\n(a) the following applies:\n(i) an authorised person requires the worker to submit to a\nblood test under the Rail Safety National Law (ACT),\nsection 127 (Authorised person may require drug\nscreening test, oral fluid analysis, urine test and blood test);\n(ii) the worker refuses to comply with the requirement or a\nreasonable direction in relation to the requirement; or\n(b) the worker fails to comply with section 27 (3) (Requirement to\ntake blood test in hospital after prescribed notifiable\noccurrence).\nNote Fail includes refuse (see Legislation Act, dict, pt 1).\n(2) Also, subsection (3) applies if—\n(a) a doctor or nurse is required under section 27 (2) (Requirement\nto take blood test in hospital after prescribed notifiable\noccurrence) to take a blood sample from the worker; and\n(b) the worker behaves in a way that makes it impossible or\nimpractical for the sample to be taken.\n(3) The rail safety worker is taken to have committed an offence against\nthe Rail Safety National Law (ACT), section 127 (3).\n\nPart 3 Alcohol and drug testing\nDivision 3.4 Evidence\nSection 38\npage 32 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) It is a defence to a prosecution for an offence against the Rail Safety\nNational Law (ACT), section 127 (3) if the defendant proves that the\nfailure was based on—\n(a) religious or other conscientious grounds; or\n(b) medical grounds.\nDivision 3.4 Evidence\nSubdivision 3.4.1 Application—div 3.4\n38 Application—div 3.4\n(1) This division applies to a proceeding in a court.\n(2) A certificate under this division—\n(a) is evidence of the matters stated in it; and\n(b) is not inadmissible only because of the fact that the certificate\nrelates to 1, or some only, of the matters mentioned in the\nprovision of this division that applies to the certificate.\n(3) Unless the contrary is proved, a document that purports to be a\ncertificate under this division is taken to be a certificate.\nSubdivision 3.4.2 Evidentiary certificates\n39 Evidentiary certificate—authorised person—\nalcohol-related test\n(1) An authorised person may give a signed certificate stating—\n(a) that the person was on a stated date an authorised person; and\n(b) that, on the date, at a stated time and in a stated place, a named\nrail safety worker was required by the authorised person to\nprovide a sample of the worker’s breath for a breath analysis\nusing a breath analysis instrument; and\n\nAlcohol and drug testing Part 3\nEvidence Division 3.4\nSection 39\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the model number, patent number and serial number of the\ninstrument used; and\n(d) that the instrument was in proper working order; and\n(e) that the worker named in the certificate—\n(i) provided a sample of the worker’s breath for a test or\nanalysis in accordance with the directions of the authorised\nperson who made the requirement; or\n(ii) failed to provide a sample of the worker’s breath for the\ntest or analysis; and\nNote Fail includes refuse (see Legislation Act, dict, pt 1).\n(f) the steps that were taken to ensure that it was not readily\napparent to members of the public that the breath analysis was\nbeing carried out; and\n(g) if the worker provided a sample—\n(i) the procedures followed immediately before, during and\nimmediately after the alcohol screening test or breath\nanalysis; and\n(ii) the concentration of alcohol in the worker’s blood or breath\nas shown from the reading from the alcohol screening\ndevice or breath analysis instrument; and\n(iii) that, as soon as practicable after the alcohol screening test\nor breath analysis was carried out, the authorised person\ngave the worker the written statement mentioned in section\n15 (6) (Conduct of breath analysis); and\n(h) if the worker failed to provide a sample—the procedures\nfollowed immediately before the worker was required to provide\na sample.\n\nPart 3 Alcohol and drug testing\nDivision 3.4 Evidence\nSection 40\npage 34 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) A written statement mentioned in section 15 (6) that is a print out\nfrom a breath analysis instrument is evidence of the matters stated in\nthe statement.\n40 Evidentiary certificate—authorised person—drug-related\ntest\n(1) An authorised person may give a signed certificate stating—\n(a) that the person was on a stated date an authorised person; and\n(b) that, on the date, at a stated time and in a stated place, a named\nrail safety worker was required by the authorised person to\nprovide a sample of the worker’s oral fluid or blood for a drug\nor alcohol test; and\n(c) the model number, patent number and serial number of the\ninstrument used; and\nNote An authorised person other than a police officer does not carry out\noral fluid analysis (see s 21). Accordingly, an evidentiary\ncertificate given by the person may not include a statement about\npar (c) and (d).\n(d) that the instrument was in proper working order; and\n(e) that the worker named in the certificate—\n(i) provided a sample of the worker’s oral fluid or blood for\nanalysis in accordance with the directions of the authorised\nperson who made the requirement; or\n(ii) failed to provide a sample for analysis; and\nNote Fail includes refuse (see Legislation Act, dict, pt 1).\n(f) the steps that were taken to ensure that it was not readily\napparent to members of the public that the oral fluid analysis\nwas being carried out; and\n\nAlcohol and drug testing Part 3\nEvidence Division 3.4\nSection 41\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(g) if the worker provided a sample—\n(i) the procedures followed immediately before, during and\nimmediately after the drug or alcohol test; and\n(ii) whether the drug or alcohol test showed that a drug or\nalcohol was present in the worker’s blood or oral fluid; and\n(iii) that, as soon as practicable after the drug or alcohol test\nwas carried out, the authorised person gave the worker the\nwritten statement mentioned in—\n(A) for an oral fluid analysis—section 24; and\n(B) for an analysis of a blood sample—section 30; or\n(h) if the worker failed to provide a sample—the procedures\nfollowed immediately before the worker was required to provide\na sample.\n(2) A written statement mentioned in section 24 that is a print out from\nan oral fluid analysis instrument is evidence of the matters stated in\nthe statement.\n(3) In this section:\ndrug or alcohol test means—\n(a) for a sample of oral fluid—an oral fluid analysis; or\n(b) for a sample of blood—a blood test.\n41 Evidentiary certificate—sample taker\nA sample taker may give a signed certificate stating that—\n(a) the sample taker is a doctor or nurse; and\n(b) the sample taker attended a named rail safety worker at a stated\nhospital or sampling facility, on a stated day and at a stated time;\nand\n\nPart 3 Alcohol and drug testing\nDivision 3.4 Evidence\nSection 41\npage 36 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) either—\n(i) the sample taker was told by an authorised person that the\nauthorised person intended to require the worker to submit\nto an oral fluid analysis or blood test under the Rail Safety\nNational Law (ACT), section 127 (Authorised person may\nrequire drug screening test, oral fluid analysis, urine test\nand blood test); or\n(ii) if the worker has been taken into custody under section 26\n(Detention for blood test)—a police officer has asked the\nsample taker to take a sample of the worker’s blood; and\n(d) the sample taker took the required sample from the worker; and\n(e) the sample taker placed the sample into a container; and\n(f) the sample taker attached a label to the container that contained\nthe following information:\n(i) the sample taker’s name;\n(ii) the worker’s name;\n(iii) the date and time the sample was taken; and\n(g) the sample taker sealed the container with a tamper-evident seal\nthat had a stated unique identifying number marked on it; and\n(h) the sample taker put the sealed container into a one-way box;\nand\n(i) whether the sample taker was of the opinion, at the time the\nsample taker was told, that complying with the requirement\nwould, or would not, be detrimental to the worker’s medical\ncondition.\n\nAlcohol and drug testing Part 3\nEvidence Division 3.4\nSection 42\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n42 Evidentiary certificate—blood sample not taken by\nsample taker\nA sample taker may give a signed certificate stating that—\n(a) the sample taker is a doctor or nurse; and\n(b) the sample taker attended a named rail safety worker at a stated\nhospital or sampling facility, on a stated day and at a stated time;\nand\n(c) if the worker is a person mentioned in section 26 (Detention for\nblood test)—a police officer has asked the sample taker to take\na sample of the worker’s blood; and\n(d) if the worker is a person mentioned in section 27 (1)\n(Requirement to take blood test in hospital after prescribed\nnotifiable occurrence)—the sample taker believed that—\n(i) the worker was injured as a result of a prescribed notifiable\noccurrence and had attended the hospital for examination\nor treatment because of the injury; and\n(ii) the prescribed notifiable occurrence had happened not\nlonger than 8 hours before the worker arrived at the\nhospital; and\n(e) whether the sample taker was of the opinion that—\n(i) taking the sample would, or would not, be detrimental to\nthe worker’s medical condition; or\n(ii) a sample of blood had, or had not, been taken from the\nworker mentioned in section 26 (1) or section 27 (1).\n\nPart 3 Alcohol and drug testing\nDivision 3.4 Evidence\nSection 43\npage 38 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n43 Evidentiary certificates—analysts\nAn analyst may give a signed certificate stating—\n(a) that the person is an analyst; and\n(b) that a sample of blood or oral fluid was analysed at a stated\napproved laboratory; and\n(c) that the sample was in a container—\n(i) labelled in accordance with—\n(A) for an oral fluid sample—section 20 (2) (b) (Oral\nfluid—sample taken by authorised person) or\nsection 21 (3) (b) (Oral fluid—sample taken by police\nofficer from worker in custody—preliminary\nanalysis); and\n(B) for a blood sample—section 28 (2) (b) (Taking blood\nsamples); or\n(ii) sealed with a tamper-evident seal marked with a stated\nunique identifying number; and\n(d) that the tamper-evident seal did not appear to have been\ninterfered with; and\n(e) the analysis of the sample that was undertaken; and\n(f) the results of the analysis; and\n(g) if a request was made by an authorised person under\nsection 29 (3) (Analysis of blood samples)—whether a\nprescribed drug, or a drug other than a prescribed drug, or\nalcohol was present in the sample; and\n(h) that the analysis was accurate.\n\nAlcohol and drug testing Part 3\nEvidence Division 3.4\nSection 44\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSubdivision 3.4.3 Other provisions about evidence\n44 Meaning of this Act—subdiv 3.4.3\nIn this subdivision:\nthis Act means this part and the testing provisions.\n45 Effect of noncompliance—analysis of breath or blood\n(1) This section applies if the court hearing a charge for an offence\nagainst the Rail Safety National Law (ACT), section 128 arising out\nof the carrying out of a breath analysis or the taking and analysis of a\nsample of blood of a rail safety worker is not satisfied that there has\nbeen compliance with every provision (a rail safety testing provision)\nof this Act relating to the carrying out of the breath analysis or the\ntaking and analysis of the sample of blood.\nNote A reference to this Act includes a reference to the statutory instruments\nmade or in force under this Act, including a regulation (see Legislation\nAct, s 104).\n(2) The court must dismiss the charge unless satisfied that despite the\nfailure to comply with a rail safety testing provision the result\nobtained in the breath analysis, or the blood sample analysis, would\nhave been the prescribed concentration for the rail safety worker.\n46 Effect of noncompliance—analysis of oral fluid\n(1) This section applies if the court hearing a charge for an offence\nagainst the Rail Safety National Law (ACT), section 128 arising out\nof the carrying out of oral fluid analysis for a rail safety worker is not\nsatisfied that there has been compliance with every provision (a rail\nsafety testing provision) of this Act relating to the carrying out of the\nanalysis.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations (see Legislation\nAct, s 104).\n\nPart 3 Alcohol and drug testing\nDivision 3.4 Evidence\nSection 47\npage 40 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The court must dismiss the charge unless satisfied that despite the\nfailure to comply with a rail safety testing provision the result\nobtained in the oral fluid analysis would have indicated the presence\nof a prescribed drug in the rail safety worker’s body.\n47 Effect of noncompliance—failure to give sample of breath\n(1) This section applies if the court hearing a charge for an offence\nagainst the Rail Safety National Law (ACT), section 126 (3) in\nrelation to a rail safety worker’s failure to submit to breath analysis is\nnot satisfied that there has been compliance with every provision\n(a rail safety testing provision) of this Act relating to that part of the\ncarrying out of breath analysis that is required to be carried out before\nthe sample of breath is given by the worker.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including a regulation (see Legislation\nAct, s 104).\n(2) The court must dismiss the charge unless satisfied that despite the\nfailure to comply with a rail safety testing provision the result\nobtained in breath analysis, if it had taken place, would have been the\nprescribed concentration for the rail safety worker.\n48 Effect of noncompliance—failure to give sample of oral\nfluid\n(1) This section applies if the court hearing a charge for an offence\nagainst the Rail Safety National Law (ACT), section 127 (3) in\nrelation to a rail safety worker’s failure to submit to oral fluid analysis\nis not satisfied that there has been compliance with every provision\n(a rail safety testing provision) of this Act relating to that part of the\ncarrying out of an oral fluid analysis that is required to be carried out\nbefore the sample of oral fluid is given by the worker.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations (see Legislation\nAct, s 104).\n\nAlcohol and drug testing Part 3\nEvidence Division 3.4\nSection 49\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The court must dismiss the charge unless satisfied that despite the\nfailure to comply with a rail safety testing provision the result\nobtained in an oral fluid analysis, if it had taken place, would have\nindicated the presence of a prescribed drug in the rail safety worker’s\nbody.\n49 Oral evidence about evidentiary certificate\n(1) A rail safety worker who has been charged with an offence against\nthe Rail Safety National Law (ACT), section 126 (3) or section 127 (3)\nmay give written notice to the Regulator that the worker will require\nthe attendance, for the purpose of giving evidence orally, at court on\nthe hearing of the charge of each or any person by whom a certificate\nmentioned in subdivision 3.4.2 is given.\n(2) The notice may be given by posting it to the Regulator, or leaving it\nfor the Regulator, at the Regulator’s office—\n(a) for a certificate mentioned in section 39 (Evidentiary\ncertificate—authorised person—alcohol-related test)—not less\nthan 7 days before the date fixed for the hearing of the charge;\nor\n(b) for a certificate mentioned in section 40 (Evidentiary\ncertificate—authorised person—drug-related test)—not less\nthan 21 days before the date fixed for the hearing of the charge;\nor\n(c) if the court orders a shorter period for service—not less than the\nshorter period.\n(3) Even if a notice has been given under subsection (2) and the people\nmentioned in the notice give evidence relating to the matters stated in\nthe certificates, the certificates—\n(a) are admissible in evidence; and\n\nPart 3 Alcohol and drug testing\nDivision 3.4 Evidence\nSection 50\npage 42 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) are evidence of the matters stated in the certificates and of the\nfacts on which they are based; and\n(c) have the probative value that the court determines consistently\nwith the other evidence before the court.\n50 Evidence about presence of alcohol and prescribed\ndrugs\nIn a proceeding for an offence against the Rail Safety National\nLaw (ACT), section 128, evidence may be given—\n(a) of the concentration of alcohol in the rail safety worker’s blood\nor breath based on—\n(i) for proof of the concentration of alcohol in the worker’s\nblood or breath—an analysis of a sample of the worker’s\nbreath carried out in accordance with this part and the\ntesting provisions; or\n(ii) for proof of the concentration of alcohol in the worker’s\nblood—an analysis of a sample of the worker’s blood\ncarried out at an approved laboratory and certified as\naccurate by an analyst; and\n(b) that a rail safety worker has a prescribed drug in the worker’s\noral fluid or blood based on—\n(i) for proof of the presence of a prescribed drug in the\nworker’s oral fluid—an analysis of a sample of the\nworker’s oral fluid under section 23 (Oral fluid—\nconfirmatory analysis) that shows that a prescribed drug is\npresent in the sample; or\n(ii) for proof of the presence of a prescribed drug in the\nworker’s blood—an analysis of a part of a sample of the\nworker’s blood under section 29 (Analysis of blood\nsamples) that shows that a prescribed drug is present in the\nsample.\n\nAlcohol and drug testing Part 3\nMiscellaneous Division 3.5\nSection 51\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.5 Miscellaneous\n51 How alcohol concentration may be expressed\n(1) For this part and the testing provisions, an analysis of a concentration\nof alcohol in a rail safety worker’s blood or breath may be expressed\nas follows:\n(a) the amount of alcohol, in grams, in 100mL of blood if the\nanalysis is based on—\n(i) a sample of blood; or\n(ii) a sample of breath measured by an alcohol screening\ndevice or a breath analysis instrument;\n(b) the amount of alcohol, in grams, in 210L of breath if the analysis\nis based on a sample of breath measured by an alcohol screening\ndevice or a breath analysis instrument.\n(2) For this part and the testing provisions, an amount of alcohol\nmeasured in grams as part of 210L of breath is equivalent to the same\namount of alcohol in grams as part of 100mL of blood.\n52 Protection of police officers and medical staff\n(1) Subsection (2) applies to—\n(a) a police officer who in the exercise or intended exercise of a\npower given by this part or the testing provisions, takes a rail\nsafety worker into custody and takes the worker to a place for\nthis part or the testing provisions; and\n(b) any other police officer (a receiving officer) who accepts\ncustody of a worker from the police officer mentioned in\nparagraph (a), if the receiving officer believes on reasonable\ngrounds that the worker is liable to be taken into custody.\n\nPart 3 Alcohol and drug testing\nDivision 3.5 Miscellaneous\nSection 53\npage 44 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The police officer is not liable, only because of the taking into custody\nof the worker and the holding of the worker in custody, in an action\narising out of the worker’s custody.\n(3) The Territory indemnifies a sample taker who exercises a function\nunder this part or the testing provisions in relation to any damages\nthat the sample taker becomes liable to pay as a result of the exercise\nof those functions.\n(4) Subsection (3) applies whether the rail safety worker from whom a\nsample is taken was or was not capable, because of the worker’s\nmental condition, of giving or refusing consent to the taking of a\nsample.\n53 Abrogation of privilege of self-incrimination—derivative\nuse immunity\n(1) This section applies despite anything to the contrary in the Rail Safety\nNational Law (ACT), section 155 (Abrogation of privilege against\nself-incrimination).\n(2) Without limiting the Rail Safety National Law (ACT), section 155,\nany answer to a question or information provided or document\nobtained as a direct result or indirect consequence of the answer,\ninformation or document being provided by a person under a\nrequirement or direction of an authorised person under this part or the\ntesting provisions is not admissible as evidence against that person in\na civil or criminal proceeding other than a proceeding arising out of\nthe false and misleading nature of the answer, information or\ndocument.\n\nAlcohol and drug testing Part 3\nMiscellaneous Division 3.5\nSection 53\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) However—\n(a) any information or document required to be kept under the Rail\nSafety National Law (ACT) that is provided by a person under a\nrequirement under the Law, section 154 (Power to require\nproduction of documents and answers to questions) is\nadmissible in evidence against the person in a criminal\nproceeding; and\n(b) any information obtained from a person under this part or the\ntesting provisions that is in a document that the person is\nrequired to keep under the Rail Safety National Law (ACT)—\n(i) is admissible in evidence against the person in a criminal\nproceeding; or\n(ii) may be used in any action, proceeding or process that may\nmake a person liable to a penalty.\n\nPart 4 Miscellaneous\nSection 54\npage 46 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Miscellaneous\n54 Provision of information and assistance to Regulator\n(1) Despite any other territory law, a person exercising a function under\nthe local application provisions of this Act or the Rail Safety National\nLaw (ACT) is authorised, on the person’s own initiative or at the\nrequest of the Regulator, to give the Regulator—\n(a) the information (including information given in confidence) in\nthe person’s possession or control that the Regulator reasonably\nrequires for the local application provisions of this Act or the\nRail Safety National Law (ACT); and\n(b) any other assistance that the Regulator reasonably requires to\nexercise a function under the local application provisions of this\nAct or the Rail Safety National Law (ACT).\n(2) This section authorises the disclosure of the information by the\nRegulator to someone else for the exercise of the Regulator’s\nfunctions under the local application provisions of this Act or the Rail\nSafety National Law (ACT).\n55 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may modify a national regulation.\n(3) For part 3 (Alcohol and drug testing) and the testing provisions, a\nregulation may make provision in relation to the following:\n(a) conducting drug and alcohol screening tests;\n(b) conducting breath and oral fluid analyses, including storing and\ndestroying samples;\n(c) taking, storing, analysing and destroying blood samples;\n(d) how results from testing or analysis may be used;\n\nMiscellaneous Part 4\nSection 55\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) information to be given to people who are required to undertake\ntesting or analysis or provide a sample;\n(f) evidentiary certificates and evidence for a proceeding.\n\nDictionary\npage 48 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthe local application provisions of this Act (see s 8 (4)).\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• ACT\n• chief police officer\n• Criminal Code\n• doctor\n• DPP\n• Magistrates Court\n• nurse\n• proceeding\n• State\n• territory law.\nalcohol screening device, for part 3 (Alcohol and drug testing) and\nthe testing provisions—see section 10 (1).\nalcohol screening test, for a person, for part 3 (Alcohol and drug\ntesting) and the testing provisions—see section 10 (1).\nanalyst, for part 3 (Alcohol and drug testing) and the testing\nprovisions—see section 10 (1).\napproved laboratory, for part 3 (Alcohol and drug testing) and the\ntesting provisions—see section 10 (1).\nblood test, for a person, for part 3 (Alcohol and drug testing) and the\ntesting provisions—see section 10 (1).\nbreath analysis, for a person, for part 3 (Alcohol and drug testing)\nand the testing provisions—see section 10 (1).\n\nDictionary\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nbreath analysis instrument, for part 3 (Alcohol and drug testing) and\nthe testing provisions—see section 10 (1).\ndrug screening device, for part 3 (Alcohol and drug testing) and the\ntesting provisions—see section 10 (1).\ndrug screening test, for a person, for part 3 (Alcohol and drug testing)\nand the testing provisions—see section 10 (1).\nlocal application provisions of this Act means the provisions of this\nAct other than the Rail Safety National Law (ACT).\noral fluid analysis, for a person, for part 3 (Alcohol and drug testing)\nand the testing provisions—see section 10 (1).\noral fluid analysis instrument, for part 3 (Alcohol and drug testing)\nand the testing provisions—see section 10 (1).\npreliminary breath test, for part 3 (Alcohol and drug testing) and the\ntesting provisions—see section 10 (1).\nprescribed concentration of alcohol, for part 3 (Alcohol and drug\ntesting) and the testing provisions—see section 10 (1).\nprescribed drug, for part 3 (Alcohol and drug testing) and the testing\nprovisions—see section 10 (1).\nRail Safety National Law (ACT) means the provisions applying\nbecause of section 6.\nsample taker, for part 3 (Alcohol and drug testing) and the testing\nprovisions—see section 10 (1).\nsampling facility, for part 3 (Alcohol and drug testing)—see\nsection 10 (1).\nSouth Australian Act means the Rail Safety National Law (South\nAustralia) Act 2012 (SA).\nNote A reference to a law (including the South Australian Act) includes a\nreference to the law as originally made and as amended (see Legislation\nAct, s 102).\n\nDictionary\npage 50 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ntesting provisions, for part 3 (Alcohol and drug testing) and the\ntesting provisions—see section 10 (1).\nthis Act, for subdivision 3.4.3 (Other provisions about evidence)—\nsee section 44.\n\nEndnotes\nAbout the endnotes 1\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\npage 51\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 52 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nRail Safety National Law (ACT) Act 2014 A2014-14\nnotified LR 20 May 2014\ns 1, s 2 commenced 20 May 2014 (LA s 75 (1))\nremainder commenced 20 November 2014 (s 2 and LA s 79)\nas amended by\nEmergencies Amendment Act 2016 A2016-33 sch 1 pt 1.16\nnotified LR 20 June 2016\ns 1, s 2 commenced 20 June 2016 (LA s 75 (1))\nsch 1 pt 1.16 commenced 21 June 2016 (s 2)\nFreedom of Information Act 2016 A2016-55 sch 4 pt 4.21 (as am by\nA2017-14 s 19)\nnotified LR 26 August 2016\ns 1, s 2 commenced 26 August 2016 (LA s 75 (1))\nsch 4 pt 4.21 commenced 1 January 2018 (s 2 as am by A2017-14\ns 19)\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 s 19, pt 16\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\ns 19 commenced 24 May 2017 (s 2 (1))\npt 16 commenced 30 April 2018 (s 2 (2) (a) and see Road Transport\n(Road Rules) Regulation 2017 SL2017-43 s 2)\nNote This Act also amends the Freedom of Information Act 2016\nA2016-55.\nRoad Transport Reform (Light Rail) Legislation Amendment Act 2018\nA2018-19 sch 2\nnotified LR 17 May 2018\ns 1, s 2 commenced 17 May 2018 (LA s 75 (1))\nsch 2 commenced 24 May 2018 (s 2)\n\nEndnotes\nLegislation history 3\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\npage 53\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.77, sch 4\npt 4.148\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.77, sch 4 pt 4.148 commenced 26 November 2025\n(s 2 (3), (9))\n\nEndnotes\n4 Amendment history\npage 54 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nExclusion of Legislation Act\ns 7 (5), (6) exp 20 November 2015 (s 7 (6))\nam A2018-19 amdt 2.1\nExclusion of other territory laws\ns 8 am A2016-55 amdt 4.31; A2025-29 amdt 4.149\nMeaning of generic terms for Rail Safety National Law (ACT)\ns 9 am A2016-33 amdt 1.39; A2017-14 s 48, s 49\nApproval of laboratories\ns 12 am A2025-29 amdt 4.149\nDetention for breath analysis\ns 14 am A2025-29 amdt 4.149\nConduct of breath analysis\ns 15 am A2025-29 amdt 4.149\nConduct of drug screening test\ns 17 am A2025-29 amdt 4.149\nDetention for oral fluid analysis\ns 18 am A2025-29 amdt 4.149\nOral fluid—sample taken by police officer from worker in custody—\npreliminary analysis\ns 21 am A2025-29 amdt 4.149\nRegulation-making power\ns 55 am A2025-29 amdt 4.149\nConsequential amendment\npt 5 hdg om LA s 89 (3)\nCrimes Act 1900, new section 187 (2) (c) and (d)\ns 56 om LA s 89 (3)\nTransitional\npt 10 hdg exp 20 November 2016 (s 121)\nTransitional regulations\ns 120 exp 20 November 2016 (s 121)\nExpiry—pt 10\ns 121 exp 20 November 2016 (s 121)\n\nEndnotes\nAmendment history 4\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\npage 55\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nValidation\npt 11 hdg ins A2018-19 amdt 2.2\nexp 24 May 2018 (s 123)\nValidation of national regulation variation regulations\ns 122 ins A2018-19 amdt 2.2\nexp 24 May 2018 (s 123)\nExpiry—pt 11\ns 123 ins A2018-19 amdt 2.2\nexp 24 May 2018 (s 123)\nDictionary\ndict def sampling facility ins A2025-29 amdt 3.255\n\nEndnotes\n5 Earlier republications\npage 56 Rail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n20 Nov 2014\n20 Nov 2014–\n20 Nov 2015\nnot amended new Act\nR2\n21 Nov 2015\n21 Nov 2015–\n20 June 2016\nnot amended expiry of provisions\n(s 7 (5), (6))\nR3\n21 June 2016\n21 June 2016–\n20 Nov 2016\nA2016-33 amendments by\nA2016-33\nR4\n21 Nov 2016\n21 Nov 2016–\n31 Dec 2017\nA2016-33 expiry of\ntransitional\nprovisions (pt 10)\nR5\n1 Jan 2018\n1 Jan 2018–\n29 Apr 2018\nA2017-14 amendments by\nA2016-55 as\namended by\nA2017-14\nR6\n30 Apr 2018\n30 Apr 2018–\n23 May 2018\nA2017-14 amendments by\nA2017-14\nR7\n24 May 2018\n24 May 2018–\n24 May 2018\nA2018-19 amendments by\nA2018-19\nR8\n25 May 2018\n25 May 2018–\n25 Nov 2025\nA2018-19 expiry of validation\nprovisions (pt 11)\n\nEndnotes\nExpired transitional or validating provisions 6\nR9\n26/11/25\nRail Safety National Law (ACT) Act 2014\nEffective: 26/11/25\npage 57\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act appears to maintain its original scope as an application law for the national rail safety scheme. While Part 3 contains extensive detail on alcohol and drug testing procedures, this appears to be the intended mechanism for giving effect to the testing provisions of the Rail Safety National Law in the ACT context, rather than an expansion beyond the original purpose of ensuring rail safety through a national regulatory framework."},"complexity_factors":["The Act is a 'application' or 'mirror' law that imports the South Australian Rail Safety National Law by reference, meaning the full legislative scheme is not contained in this document but relies on external legislation.","Extensive cross-referencing between this Act, the South Australian Act, the Road Transport (Alcohol and Drugs) Act 1977 (ACT), and the Legislation Act 2001.","Detailed procedural requirements for testing (breath, oral fluid, blood) with multiple time limits (e.g., 2 hours, 4 hours, 8 hours) depending on circumstances (hospital admission, notifiable occurrence, routine work).","Nested conditional logic in testing provisions: different rules apply depending on whether the worker was involved in a 'prescribed notifiable occurrence', taken to hospital, or stopped work.","Specific evidentiary rules and certificates (sections 39-43) with detailed requirements for what must be stated in certificates for them to be admissible in court.","Interaction between national regulations and ACT regulations, with power for ACT regulations to modify national regulations (section 55).","Multiple definitions sections: dictionary at end, section 10 definitions for Part 3, and signpost definitions referring to other sections."],"plain_english_summary":"This Act applies the Rail Safety National Law in the ACT, importing the national regulatory scheme so rail operators, safety workers and the national regulator must follow consistent safety rules. It establishes comprehensive alcohol and drug testing, related offences and evidence rules, and adapts certain local legal terms and protections for the regulator. It matters because a unified, stricter testing regime reduces the risk of accidents caused by impaired rail workers."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation continues to implement the Rail Safety National Law in the ACT and to set out detailed local procedures for alcohol and drug testing. Amendments recorded through 2025 (see amendment history) adjust and clarify administrative and procedural matters — for example, approvals for laboratories, detention and testing procedures, and the regulation‑making power (as reflected in endnotes and amendments to ss 12, 14, 15, 17, 18, 21, 55). Those changes refine implementation and administration but do not materially expand the core scope beyond applying the RSNL locally and prescribing testing/evidence rules. In short, the Act’s principal scope (to apply the national rail safety law in the ACT and regulate testing of rail safety workers) remains the same; recent amendments are technical and operational rather than a substantive broadening of purpose."},"complexity_factors":["Incorporation by reference of the Rail Safety National Law (South Australian schedule) rather than restating it (s 6) — requires cross‑referencing to an external national instrument.","Extensive cross‑references to other Acts and instruments (Legislation Act, Road Transport (Alcohol and Drugs) Act 1977, Road Transport regulations) increasing interpretive load (see ss 4, 10, definition notes).","Part 3 contains multiple, narrowly different timing rules (at least 7 distinct time windows) that depend on the type of test and whether the worker was hospitalised or involved in a notifiable occurrence (ss 13–15, 17–19, 25–27).","Multiple defined terms in the local dictionary and s 10 that apply specifically to Part 3 and the testing provisions (around 20 terms/signpost definitions).","Layered procedural requirements for sampling, sealing, labelling, preservation and transfer (detailed provisions in ss 20–30 and ss 23–24), creating chain‑of‑custody complexity.","Several classes of evidentiary certificates (authorised person, sample taker, analyst) with varying contents and evidentiary effects (ss 39–43), plus rules on admissibility and oral evidence (ss 38, 49).","Conditional offence provisions with specified defences (medical, religious/conscientious grounds) and nuanced dismissal rules for courts where testing provisions not complied with (ss 34–37, 45–48).","Regulation‑making power that can modify national regulations and fill procedural gaps (s 55) — adds a layer of delegated legislation to interpret.","Administrative discretion points (Ministerial appointments of analysts, approval of labs) and exclusions of other Territory laws for the Regulator (s 8, ss 11–12) that introduce governance complexity."],"plain_english_summary":"**What this law does, mechanically (quick headline)\n\n- The Act makes the national Rail Safety National Law (the RSNL — the full statutory code prepared by South Australia) apply in the Australian Capital Territory as if it were part of this local Act (see s 6).  In other words, the ACT enforces the national rail safety rules locally.\n\n- The Act also contains an extensive local Part (Part 3) that sets out how alcohol and drug testing of people who do \"rail safety work\" is to be carried out in the ACT: who can require tests, what tests may be used, time limits, custody powers, sample handling and lab analysis, evidentiary certificates for court, offences for non‑compliance, and retention/destruction of samples (see Parts 2 and 3, especially ss 10–33 and ss 34–53).\n\nWho this affects\n\n- Rail safety workers (employees or contractors performing safety‑critical rail tasks) — subject to being required to undergo screening tests, breath/oral fluid/blood analyses, and to detention for those purposes (see ss 13–31 and offence provisions ss 34–37).\n- Authorised persons and the Regulator — have powers to require tests, authorise people to administer tests, appoint analysts and approve laboratories (see ss 11, 12, 13, 15, 17, 19, 25, 55).\n- Police — may detain workers for testing, carry out certain analyses and searches, and take samples to approved facilities (see ss 14, 18, 26, 31).\n- Medical staff (sample takers), analysts and approved laboratories — must follow chain‑of‑custody, labelling, preservation and analysis rules; they are given indemnities in some circumstances (see ss 28–30, 43, 52).\n- Courts, the Director of Public Prosecutions (DPP) and the ACT Regulator — have roles in evidence, retention requests, and enforcement (see ss 32, 38–50).\n\nWhy it matters (legal effects and mechanics)\n\n- It incorporates a full national rail safety regulatory framework into ACT law and supplies detailed local procedures for alcohol and drug testing. That creates a uniform legal basis for regulating safety‑critical conduct in rail operations in the Territory (s 6).\n\n- Testing regime: the law prescribes what tests may be used (breath, oral fluid screening and confirmatory, blood), who may perform or authorise them (police or Regulator‑authorised persons; medical staff for blood), strict time windows for when tests may validly be required, and mandatory steps for sampling, sealing, transport and analysis (see ss 13–30). These procedural steps create chain‑of‑custody and evidentiary rules that support prosecutions and regulatory action (see ss 38–50).\n\n- Enforcement and evidentiary design: the Act allows use of signed evidentiary certificates from authorised persons, sample takers and analysts as admissible evidence in court (ss 39–43). It also gives courts the power to dismiss charges where statutory testing procedures were not followed, unless the court is satisfied the result would have been the same despite non‑compliance (ss 45–48). That combination shifts the compliance burden onto regulators and laboratories to maintain correct procedures and documentation.\n\n- Accountability and administrative design: the Act removes some standard ACT oversight and administrative laws from applying to the Regulator (for example, the Freedom of Information Act, Auditor‑General and financial management laws are excluded in relation to the Regulator — s 8). It also allows the Executive to make regulations for local testing details and to modify national regulations where needed (s 55).\n\nMechanisms, incentives and trade‑offs (practical effects and who bears costs)\n\n- Who pays: costs fall on several parties by design — workers or employers may bear costs if a worker requests an independent re‑test at their nominated laboratory (the worker pays for sending the preserved part of the sample to their nominated lab; see ss 23(5), 29(7)); approved laboratories must store and preserve samples for prescribed periods (ss 23(3), 29(5)), which entails operational costs; the Territory indemnifies medical sample takers for damages arising from their statutory functions (s 52(3)), shifting legal risk to the public purse.\n\n- Behavioural incentives: the regime strengthens incentives for rail operators and workers to avoid workplace impairment (testing, detention and criminal/regulatory consequences are available). Employers and safety managers face stronger compliance and record‑keeping obligations because test results and procedures are admissible in proceedings (ss 24, 30, 39–43).\n\n- Administrative discretion and oversight: the Regulator has a broad role in authorising persons, approving labs and making directions; the Act’s exclusion of several territory oversight laws for the Regulator (s 8) reduces the application of standard Territory transparency and audit regimes to Regulator activities (subject to a caveat that those laws still apply to other entities exercising the Regulator’s functions, s 8(2)). This is an explicit policy choice in the Act but operates mechanically by removing those statutory checks for the Regulator itself.\n\n- Procedural strictness vs prosecutorial certainty: the evidentiary certificates and sample‑handling rules facilitate prosecutions with documentary proof (ss 39–43), but the court power to dismiss for non‑compliance unless the result would have been the same (ss 45–48) creates strict operational compliance requirements for authorised persons and labs. That raises implementation costs (training, equipment, storage logistics) to preserve admissible evidence and avoid lost prosecutions.\n\n- Privacy and dignity safeguards: the Act requires privacy precautions during testing (ss 16, 22) and limits how long a person is held in custody for testing (ss 14(4), 18(4), 26(6)). Those provisions constrain how testing is operationalised in the field.\n\n- Legal risk allocation: the Act narrows privilege against self‑incrimination for compelled answers in the testing context but grants derivative‑use immunity — answers and direct derivatives cannot be used against the person in other proceedings (s 53). Separate statutory record‑keeping obligations remain admissible (s 53(3)).\n\nKey practical implementation points to note (section references in parentheses)\n\n- The RSNL applies as Territory law and is treated as part of this Act (s 6).\n- The Minister appoints analysts and may approve laboratories; approvals and appointments are formal administrative instruments (ss 11–12).\n- Time limits are tightly prescribed: e.g. breath/oral fluid analyses must generally be done within 2 hours of a preceding screening test; other windows are 4 hours or 8 hours depending on the test and whether the worker was taken to hospital after a notifiable occurrence (see ss 13–15, 17–19, 25, 27).\n- Police can take a worker into custody for testing and may search and seize prescribed items while the person is in custody (ss 14, 18, 26, 31).\n- Chain of custody: samples must be labelled, sealed with a tamper‑evident seal and delivered to an approved laboratory; analysts must preserve a part of the sample for specified retention periods and comply with DPP preservation requests (ss 20–30, 32–33).\n- Offences: failure to submit to required tests, failure to stay for a test, or obstructing sample taking are criminal/regulatory offences under the RSNL but defences exist for medical or conscientious grounds in some cases (ss 34–37, 36(4)).\n\nSources and claims about purpose\n\n- The Act explicitly implements the national rail safety law locally (s 6) and supplies the detailed local testing and evidence procedures needed to operationalise that national scheme (Part 3). The text supports that descriptive purpose; the recent 2025 amendments listed in the Act’s endnotes update and clarify laboratory approval, detention and testing procedures, and the regulation‑making power (see amendment history and ss 12, 14, 15, 17, 18, 21, 55). These are procedural and administrative refinements — they change how the regime is implemented rather than changing the Act’s core object of making the RSNL operate in the ACT.\n\nTrade‑offs and implementation risks to watch (mechanisms, not judgements)\n\n- Administrative burden: regulators, police, approved labs and employers must maintain equipment, training and records to meet the strict chain‑of‑custody and time‑limit rules, or risk evidence being excluded (ss 20–30, 45–48).\n- Concentrated compliance costs: approved laboratories and operators of testing equipment bear ongoing costs for storage, preservation and analysis; sample‑preservation obligations (and DPP requests) can increase those costs (ss 23(3), 29(5), 32).\n- Reduced oversight on the Regulator: by excluding several Territory oversight Acts for the Regulator (s 8), the Act changes the institutional accountability environment; where the Regulator’s functions are performed by other Territory entities, the usual laws still apply (s 8(2)).\n- Access to independent testing: a tested worker can request a preserved part of the sample be sent to a nominated lab at their expense (ss 23(5), 29(7)), which preserves a private verification option but also places the cost on the individual.\n\nBottom line\n\n- Mechanically the Act imports the national rail safety law into the ACT and provides a tightly‑specified local testing and evidentiary regime for alcohol and drugs in safety‑critical rail work (s 6; Part 3). It balances enforceability (authorised persons, police powers, evidentiary certificates) with procedural protections (time limits, privacy steps, preservation and derivative‑use immunity), while shifting certain operational costs and legal risks to laboratories, employers and the Territory (ss 20–33, 45–53)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/rail-safety-national-law-act-act-2014","history":"/api/acts/rail-safety-national-law-act-act-2014/history","analysis":"/api/acts/rail-safety-national-law-act-act-2014/analysis","conflicts":"/api/acts/rail-safety-national-law-act-act-2014/conflicts","importantCases":"/api/acts/rail-safety-national-law-act-act-2014/important-cases","documents":"/api/acts/rail-safety-national-law-act-act-2014/documents"}}