{"id":"sl-2014-29","name":"Rail Safety National Law (ACT) Regulation 2014","slug":"rail-safety-national-law-act-regulation-2014","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"29 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173610,"registerId":"act-sl-2014-29-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Rail Safety National Law (ACT) Regulation 2014","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nRail Safety National Law (ACT)\nRegulation 2014\nSL2014-29\nmade under the\nRail Safety National Law (ACT) Act 2014\nRepublication No 4\nEffective: 29 July 2025\nRepublication date: 29 July 2025\nLast amendment made by SL2025-15\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) Regulation 2014, made under the\nRail Safety National Law (ACT) Act 2014 (including any amendment made under the Legislation\nAct 2001, part 11.3 (Editorial changes)) as in force on 29 July 2025. It also includes any\ncommencement, amendment, repeal or expiry affecting this republished law to 29 July 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 does not include 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\nR4\n29/07/25\nRail Safety National Law (ACT) Regulation 2014\nEffective: 29/07/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nRail Safety National Law (ACT)\nRegulation 2014\nmade under the\nRail Safety National Law (ACT) Act 2014\nContents\nPage\n1 Name of regulation 2\n3 Alcohol screening device—Act, s 10, def alcohol screening device,\npar (b) 2\n4 Drug screening device—Act, s 10, def drug screening device, par (b) 2\n5 Oral fluid analysis instrument—Act, s 10, def oral fluid analysis\ninstrument, par (b) 2\n5A Conduct of breath analysis—requirements for statement or notice—\nAct, s 15 (6) and (7) 2\n6 Oral fluid analysis of sample from worker in custody—requirements for\nstatement—Act, s 21 (4) 3\nEndnotes\n\nContents\nPage\ncontents 2 Rail Safety National Law (ACT) Regulation 2014\nEffective: 29/07/25\nR4\n29/07/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 About the endnotes 4\n2 Abbreviation key 4\n3 Legislation history 5\n4 Amendment history 5\n5 Earlier republications 6\n\nR4\n29/07/25\nRail Safety National Law (ACT) Regulation 2014\nEffective: 29/07/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nRail Safety National Law (ACT)\nRegulation 2014\nmade under the\nRail Safety National Law (ACT) Act 2014\n\nSection 1\npage 2 Rail Safety National Law (ACT) Regulation 2014\nEffective: 29/07/25\nR4\n29/07/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Rail Safety National Law (ACT)\nRegulation 2014.\n3 Alcohol screening device—Act, s 10, def alcohol\nscreening device, par (b)\nThe AlcoQuant 6020 is prescribed.\n4 Drug screening device—Act, s 10, def drug screening\ndevice, par (b)\nThe following devices are prescribed:\n(a) Clonal Technologies Oral Fluid Drug Test 7;\n(b) MedVet Oral7;\n(c) Oranoxis ToxWipe Oral 7+.\n5 Oral fluid analysis instrument—Act, s 10, def oral fluid\nanalysis instrument, par (b)\nThe Shimadzu High Performance Liquid Chromatograph Mass\nSpectrometer LCMS-8060 is prescribed.\n5A Conduct of breath analysis—requirements for statement\nor notice—Act, s 15 (6) and (7)\n(1) For the Act, section 15 (6), a written statement given to a rail safety\nworker in relation to an analysis of the worker’s breath must include\nthe following:\n(a) for the authorised person who carried out the breath analysis—\nthe person’s—\n(i) name or service number; and\n(ii) signature;\n\nSection 6\nR4\n29/07/25\nRail Safety National Law (ACT) Regulation 2014\nEffective: 29/07/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) if the worker was taken into custody under the Act, section 14,\nto undertake the breath analysis—the service number and\nsignature of the police officer who took the worker into custody;\n(c) the particulars mentioned in the Road Transport (Alcohol and\nDrugs) Regulation 2000, schedule 1, other than item 4 and\nitem 5.\n(2) For the Act, section 15 (7), a written notice is taken to have been given\nto a rail safety worker in relation to an analysis of the worker’s breath\nif a written statement mentioned in subsection (1) has been given to\nthe worker in relation to the analysis.\n6 Oral fluid analysis of sample from worker in custody—\nrequirements for statement—Act, s 21 (4)\nThe particulars mentioned in the Road Transport (Alcohol and\nDrugs) Regulation 2000, schedule 2 are required to be included in a\nstatement mentioned in the Act, section 21 (4).\n\nEndnotes\n1 About the endnotes\npage 4 Rail Safety National Law (ACT) Regulation 2014\nEffective: 29/07/25\nR4\n29/07/25\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\nLegislation history 3\nR4\n29/07/25\nRail Safety National Law (ACT) Regulation 2014\nEffective: 29/07/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nRail Safety National Law (ACT) Regulation 2014 SL2014-29\nnotified LR 17 November 2014\ns 1, s 2 commenced 17 November 2014 (LA s 75 (1))\nremainder commenced 20 November 2014 (s 2 and see Rail Safety\nNational Law (ACT) Act 2014 A2014-14, s 2 and LA s 79)\nas amended by\nRail Safety National Law (ACT) Amendment Regulation 2017\nSL2017-2\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nremainder commenced 24 February 2017 (s 2)\nRail Safety National Law (ACT) Amendment Regulation 2023 (No 1)\nSL2023-3\nnotified LR 9 February 2023\ns 1, s 2 commenced 9 February 2023 (LA s 75 (1))\nremainder commenced 10 February 2023 (s 2)\nRail Safety National Law (ACT) Amendment Regulation 2025 (No 1)\nSL2025-15\nnotified LR 28 July 2025\ns 1, s 2 commenced 28 July 2025 (LA s 75 (1))\nremainder commenced 29 July 2025 (s 2)\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nDrug screening device—Act, s 10, def drug screening device, par (b)\ns 4 sub SL2025-15 s 4\nOral fluid analysis instrument—Act, s 10, def oral fluid analysis instrument,\npar (b)\ns 5 sub SL2023-3 s 4\nConduct of breath analysis—requirements for statement or notice—Act,\ns 15 (6) and (7)\ns 5A ins SL2017-2 s 4\n\nEndnotes\n5 Earlier republications\npage 6 Rail Safety National Law (ACT) Regulation 2014\nEffective: 29/07/25\nR4\n29/07/25\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–\n23 Feb 2017\nnot amended new regulation\nR2\n24 Feb 2017\n24 Feb 2017–\n9 Feb 2023\nSL2017-2 amendments by\nSL2017-2\nR3\n10 Feb 2023\n10 Feb 2023–\n28 July 2025\nSL2023-3 amendments by\nSL2023-3\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Amendments have updated and added prescribed device models and procedural detail (see s4 substituted SL2025-15; s5 substituted SL2023-3; s5A inserted SL2017-2) but did not expand the regulation’s regulatory reach. The instrument still limits its scope to prescribing equipment and the content of post-test statements/notices for rail safety testing (ss 3–6, 5A)."},"complexity_factors":["Narrow, concise structure with few operative clauses (ss 3–6, 5A) — limited legislative complexity.","Prescribes specific device models by name (AlcoQuant 6020; Clonal Technologies Oral Fluid Drug Test 7; MedVet Oral7; Oranoxis ToxWipe Oral 7+; Shimadzu LCMS-8060) — technical specificity requires periodic administrative updates (see amendment history: SL2023-3, SL2025-15).","Cross-references to the Rail Safety National Law (ACT) Act definitions and testing provisions (Act, s 10 definition references; ss 15 and 21 for breath and oral-fluid analysis) increase interpretive linkage to the principal Act.","Relies on particulars from an external instrument — Road Transport (Alcohol and Drugs) Regulation 2000, schedule 1 and schedule 2 — creating a dependency on another regulation for required content (s5A(1)(c); s6).","Compliance tasks allocated to authorised persons and rail operators (use approved devices; provide written statements) and a specific requirement to record police custody details (police service number and signature) add operational steps and coordination with police (s5A(1)(a)–(b))."],"plain_english_summary":"This regulation prescribes the exact alcohol and drug screening devices and an oral-fluid analysis instrument that may be used for rail safety testing, and sets what must appear in written statements or notices after breath or oral-fluid tests. It affects rail safety workers, authorised testing personnel, rail operators and police: operators and testers must use the listed equipment and include specified particulars (including the authorised person’s identity and, if custody, police officer details) in post-test documentation, creating modest compliance and equipment‑update costs."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation remains tightly scoped to its original purpose: technical specification of testing equipment and documentation requirements for rail safety worker drug and alcohol screening. Despite three amendments since 2014, it has not expanded beyond this narrow administrative role. The 2025 amendment simply updated the list of approved drug screening devices, and the 2023 amendment updated laboratory equipment – both maintaining the original technical specification function."},"complexity_factors":["Very short instrument – only 6 operative sections spanning 3 pages of substantive content","Minimal defined terms – relies entirely on definitions in the parent Act (Rail Safety National Law (ACT) Act 2014)","Simple prescriptive structure – each section does one thing: prescribes a device or sets out document requirements","Single level of cross-referencing – only references to the parent Act and the Road Transport (Alcohol and Drugs) Regulation 2000 for form templates","No conditional logic, exceptions, or nested provisions – straightforward 'X is prescribed' or 'must include Y' drafting","No penalty provisions or offence creation – purely administrative/technical specification"],"plain_english_summary":"This regulation prescribes the approved breathalysers, oral‑fluid drug kits and laboratory equipment to be used for alcohol and drug testing of ACT rail safety workers, and borrows the same forms and procedures used for road drink‑driving tests.  \n\nIt affects rail safety workers, operators and authorised testers by ensuring testing uses specified, reliable equipment and that workers receive required written documentation of results, protecting safety and legal rights."}},"importantCases":[],"_links":{"self":"/api/acts/rail-safety-national-law-act-regulation-2014","history":"/api/acts/rail-safety-national-law-act-regulation-2014/history","analysis":"/api/acts/rail-safety-national-law-act-regulation-2014/analysis","conflicts":"/api/acts/rail-safety-national-law-act-regulation-2014/conflicts","importantCases":"/api/acts/rail-safety-national-law-act-regulation-2014/important-cases","documents":"/api/acts/rail-safety-national-law-act-regulation-2014/documents"}}