{"id":"qld:sl-2017-0075","name":"Rail Safety National Law (Queensland) Regulation 2017","slug":"rail-safety-national-law-queensland-regulation-2017","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"75 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174961,"registerId":"qld-qld:sl-2017-0075-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Rail Safety National Law (Queensland) Regulation 2017 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences at the end of 30 June 2017.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Drug and alcohol testing","content":"# Drug and alcohol testing","sortOrder":4},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Testing procedures and evidentiary matters","content":"## Testing procedures and evidentiary matters","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Analyst’s laboratory— Act , s 15","content":"### sec.4 Analyst’s laboratory— Act , s 15\n\nFor section 15 of the Act , definition analyst , a laboratory approved by the chief executive under section 18A (1) (a) for carrying out an analysis or laboratory test is prescribed for the analysis or test.\ns 4 sub 2025 SL No. 160 s 5","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Device for preliminary breath test— Act , s 15","content":"### sec.5 Device for preliminary breath test— Act , s 15\n\nFor section 15 of the Act , definition preliminary breath test , a device that complies with AS 3547 is approved.\nIn this section—\nAS 3547 means the Australian Standard as in force from time to time under that designation (regardless of the edition or year of publication of the standard).\ns 5 amd 2022 SL No. 41 s 4 ; 2025 SL No. 160 s 6\n(sec.5-ssec.1) For section 15 of the Act , definition preliminary breath test , a device that complies with AS 3547 is approved.\n(sec.5-ssec.2) In this section— AS 3547 means the Australian Standard as in force from time to time under that designation (regardless of the edition or year of publication of the standard).","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Device for preliminary saliva test— Act , s 15","content":"### sec.6 Device for preliminary saliva test— Act , s 15\n\nFor section 15 of the Act , definition preliminary saliva test , a device approved by the chief executive under section 18A (1) (b) for testing saliva is approved.\ns 6 sub 2025 SL No. 160 s 7","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Laboratory test— Act , s 15","content":"### sec.7 Laboratory test— Act , s 15\n\nFor section 15 of the Act , definition saliva analysis , a laboratory test that uses mass spectrometry to identify the presence of a prescribed drug is approved.\nIn this section—\nprescribed drug see section 15 of the Act .\n(sec.7-ssec.1) For section 15 of the Act , definition saliva analysis , a laboratory test that uses mass spectrometry to identify the presence of a prescribed drug is approved.\n(sec.7-ssec.2) In this section— prescribed drug see section 15 of the Act .","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Requirements for how to provide specimen of breath or saliva for analysis— Act , s 34","content":"### sec.8 Requirements for how to provide specimen of breath or saliva for analysis— Act , s 34\n\nFor section 34 of the Act , a rail safety worker who is directed by an authorised person under section 28 or 29 of the Act to provide a specimen of the worker’s breath for analysis must do so by—\nplacing the worker’s mouth over the mouthpiece of the breath analysing instrument when, and in the manner, directed by the instrument operator; and\nblowing directly and continuously (and without escape of breath otherwise) through the mouthpiece into the instrument until told to stop by the instrument operator.\nFor section 34 of the Act , a rail safety worker who is directed by an authorised person under section 28 or 29 of the Act to provide a specimen of the worker’s saliva for analysis must do so by—\nplacing a collection unit, or allowing a collection unit to be placed, into or adjacent to the worker’s mouth when, and in the manner, directed by the instrument operator; and\nproviding the specimen until told to stop by the instrument operator.\nIn this section—\ncollection unit means a device for collecting a specimen of saliva for analysis that is approved by the chief executive under section 18A (1) (c) .\ns 8 amd 2024 SL No. 145 s 3 ; 2025 SL No. 160 s 8\n(sec.8-ssec.1) For section 34 of the Act , a rail safety worker who is directed by an authorised person under section 28 or 29 of the Act to provide a specimen of the worker’s breath for analysis must do so by— placing the worker’s mouth over the mouthpiece of the breath analysing instrument when, and in the manner, directed by the instrument operator; and blowing directly and continuously (and without escape of breath otherwise) through the mouthpiece into the instrument until told to stop by the instrument operator.\n(sec.8-ssec.2) For section 34 of the Act , a rail safety worker who is directed by an authorised person under section 28 or 29 of the Act to provide a specimen of the worker’s saliva for analysis must do so by— placing a collection unit, or allowing a collection unit to be placed, into or adjacent to the worker’s mouth when, and in the manner, directed by the instrument operator; and providing the specimen until told to stop by the instrument operator.\n(sec.8-ssec.3) In this section— collection unit means a device for collecting a specimen of saliva for analysis that is approved by the chief executive under section 18A (1) (c) .\n- (a) placing the worker’s mouth over the mouthpiece of the breath analysing instrument when, and in the manner, directed by the instrument operator; and\n- (b) blowing directly and continuously (and without escape of breath otherwise) through the mouthpiece into the instrument until told to stop by the instrument operator.\n- (a) placing a collection unit, or allowing a collection unit to be placed, into or adjacent to the worker’s mouth when, and in the manner, directed by the instrument operator; and\n- (b) providing the specimen until told to stop by the instrument operator.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Blood specimens","content":"### sec.9 Blood specimens\n\nIn taking a specimen of a rail safety worker’s blood for a laboratory test, a health care professional must—\ntake the specimen from any vein selected by the health care professional; and\nnot use a substance that the health care professional believes on reasonable grounds to be or to contain alcohol or ether when cleaning—\nthe site of the venipuncture; or\na needle or syringe used for taking the specimen; and\ntake a sufficient quantity of blood for the laboratory test; and\nplace the specimen in a specimen tube; and\nplace on the specimen tube an identifying number; and\nsign a certificate (a specimen certificate ) stating—\nthe name of the rail safety worker from whom the specimen was taken; and\nthe date on which, and the place and time at which, the specimen was taken; and\nthe identifying number the health care professional placed on the specimen tube containing the specimen; and\nthe name of the authorised person who directed the rail safety worker to provide the specimen.\nA copy of the specimen certificate is to be given to an analyst with the specimen of blood.\nThe copy of the specimen certificate given to the analyst is sufficient authority for the analyst to issue an analyst’s certificate for the specimen.\nA specimen certificate is admissible in evidence and is, unless the contrary is proved, conclusive evidence of the matters stated in the certificate.\nIn a proceeding for an offence against the national law, part 3 , it is to be conclusively presumed that no substance containing alcohol or ether was used by a health care professional in cleaning the site of a venipuncture, or a needle or syringe used for taking a specimen, unless he or she gives evidence on oath that he or she did so.\nIf a health care professional gives evidence on oath that a substance containing alcohol or ether was used by him or her in cleaning the site of a venipuncture, or a needle or syringe used for taking a specimen, it is to be conclusively presumed that the use of the substance did not affect the result of an analysis of a specimen taken by him or her unless the contrary is proved.\nIf, in a certificate issued by an analyst for the purposes of the Act in relation to a specimen of blood, the analyst states there was a sufficient quantity of blood for the purposes of analysis and that the specimen was capable of analysis, the certificate is sufficient evidence of those matters unless the contrary is proved.\n(sec.9-ssec.1) In taking a specimen of a rail safety worker’s blood for a laboratory test, a health care professional must— take the specimen from any vein selected by the health care professional; and not use a substance that the health care professional believes on reasonable grounds to be or to contain alcohol or ether when cleaning— the site of the venipuncture; or a needle or syringe used for taking the specimen; and take a sufficient quantity of blood for the laboratory test; and place the specimen in a specimen tube; and place on the specimen tube an identifying number; and sign a certificate (a specimen certificate ) stating— the name of the rail safety worker from whom the specimen was taken; and the date on which, and the place and time at which, the specimen was taken; and the identifying number the health care professional placed on the specimen tube containing the specimen; and the name of the authorised person who directed the rail safety worker to provide the specimen.\n(sec.9-ssec.2) A copy of the specimen certificate is to be given to an analyst with the specimen of blood.\n(sec.9-ssec.3) The copy of the specimen certificate given to the analyst is sufficient authority for the analyst to issue an analyst’s certificate for the specimen.\n(sec.9-ssec.4) A specimen certificate is admissible in evidence and is, unless the contrary is proved, conclusive evidence of the matters stated in the certificate.\n(sec.9-ssec.5) In a proceeding for an offence against the national law, part 3 , it is to be conclusively presumed that no substance containing alcohol or ether was used by a health care professional in cleaning the site of a venipuncture, or a needle or syringe used for taking a specimen, unless he or she gives evidence on oath that he or she did so.\n(sec.9-ssec.6) If a health care professional gives evidence on oath that a substance containing alcohol or ether was used by him or her in cleaning the site of a venipuncture, or a needle or syringe used for taking a specimen, it is to be conclusively presumed that the use of the substance did not affect the result of an analysis of a specimen taken by him or her unless the contrary is proved.\n(sec.9-ssec.7) If, in a certificate issued by an analyst for the purposes of the Act in relation to a specimen of blood, the analyst states there was a sufficient quantity of blood for the purposes of analysis and that the specimen was capable of analysis, the certificate is sufficient evidence of those matters unless the contrary is proved.\n- (a) take the specimen from any vein selected by the health care professional; and\n- (b) not use a substance that the health care professional believes on reasonable grounds to be or to contain alcohol or ether when cleaning— (i) the site of the venipuncture; or (ii) a needle or syringe used for taking the specimen; and\n- (i) the site of the venipuncture; or\n- (ii) a needle or syringe used for taking the specimen; and\n- (c) take a sufficient quantity of blood for the laboratory test; and\n- (d) place the specimen in a specimen tube; and\n- (e) place on the specimen tube an identifying number; and\n- (f) sign a certificate (a specimen certificate ) stating— (i) the name of the rail safety worker from whom the specimen was taken; and (ii) the date on which, and the place and time at which, the specimen was taken; and (iii) the identifying number the health care professional placed on the specimen tube containing the specimen; and (iv) the name of the authorised person who directed the rail safety worker to provide the specimen.\n- (i) the name of the rail safety worker from whom the specimen was taken; and\n- (ii) the date on which, and the place and time at which, the specimen was taken; and\n- (iii) the identifying number the health care professional placed on the specimen tube containing the specimen; and\n- (iv) the name of the authorised person who directed the rail safety worker to provide the specimen.\n- (i) the site of the venipuncture; or\n- (ii) a needle or syringe used for taking the specimen; and\n- (i) the name of the rail safety worker from whom the specimen was taken; and\n- (ii) the date on which, and the place and time at which, the specimen was taken; and\n- (iii) the identifying number the health care professional placed on the specimen tube containing the specimen; and\n- (iv) the name of the authorised person who directed the rail safety worker to provide the specimen.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Dealing with blood specimens","content":"### sec.10 Dealing with blood specimens\n\nA duplicate specimen of blood given to a rail safety worker from whom a specimen of blood for a laboratory test was obtained must be dealt with by the health care professional in the same manner as if the duplicate specimen were a specimen of blood for a laboratory test.\nIn this section—\nduplicate specimen see section 33 (4) of the Act .\n(sec.10-ssec.1) A duplicate specimen of blood given to a rail safety worker from whom a specimen of blood for a laboratory test was obtained must be dealt with by the health care professional in the same manner as if the duplicate specimen were a specimen of blood for a laboratory test.\n(sec.10-ssec.2) In this section— duplicate specimen see section 33 (4) of the Act .","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Delivery of specimen to laboratory— Act , s 38","content":"### sec.11 Delivery of specimen to laboratory— Act , s 38\n\nFor section 38 of the Act , the following ways are prescribed—\npersonally;\na way provided for under the International Air Transport Association Dangerous Goods Regulations.\n- (a) personally;\n- (b) a way provided for under the International Air Transport Association Dangerous Goods Regulations.","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"Authority for analyst to issue certificate of an analysis for specimen of saliva","content":"### sec.12 Authority for analyst to issue certificate of an analysis for specimen of saliva\n\nA copy of a certificate under section 41 (2) of the Act , for a specimen of saliva, given to an analyst is sufficient authority for the analyst to issue an analyst’s certificate for the specimen.","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"Evidence—authorised persons","content":"### sec.13 Evidence—authorised persons\n\nEvidence by an authorised person that the authorised person used a device for carrying out a preliminary test on a specimen provided by a rail safety worker is, unless the contrary is proved, sufficient evidence that the device was a device approved by regulation for the purposes of the test.\nIn this section—\npreliminary test see section 15 of the Act .\n(sec.13-ssec.1) Evidence by an authorised person that the authorised person used a device for carrying out a preliminary test on a specimen provided by a rail safety worker is, unless the contrary is proved, sufficient evidence that the device was a device approved by regulation for the purposes of the test.\n(sec.13-ssec.2) In this section— preliminary test see section 15 of the Act .","sortOrder":15},{"sectionNumber":"sec.14","sectionType":"section","heading":"Evidence—breath analysing instruments","content":"### sec.14 Evidence—breath analysing instruments\n\nThis section applies to a certificate purporting to be signed by an analyst or an approved supplier (each the supplier ) that states—\nthe supplier prepared a quantity of a solution consisting of ethyl alcohol and distilled water; and\nthe solution was suitable for use with a breath analysing instrument; and\nthe supplier sealed the solution in a number of containers; and\nthe supplier wrote a control number on each container.\nOn its production in evidence, the certificate is, unless the contrary is proved, conclusive evidence that a container, bearing a control number mentioned in subsection (1) (d) , contained standard alcohol solution.\nIn this section—\napproved supplier means an entity the police commissioner—\nis satisfied is competent to prepare, certify and supply standard alcohol solution; and\nhas approved under the Traffic Regulation 1962 , section 173 , to perform those activities.\nstandard alcohol solution means a solution of ethyl alcohol and distilled water prepared by an analyst or approved supplier and certified by the analyst or approved supplier as suitable for use with a breath analysing instrument.\n(sec.14-ssec.1) This section applies to a certificate purporting to be signed by an analyst or an approved supplier (each the supplier ) that states— the supplier prepared a quantity of a solution consisting of ethyl alcohol and distilled water; and the solution was suitable for use with a breath analysing instrument; and the supplier sealed the solution in a number of containers; and the supplier wrote a control number on each container.\n(sec.14-ssec.2) On its production in evidence, the certificate is, unless the contrary is proved, conclusive evidence that a container, bearing a control number mentioned in subsection (1) (d) , contained standard alcohol solution.\n(sec.14-ssec.3) In this section— approved supplier means an entity the police commissioner— is satisfied is competent to prepare, certify and supply standard alcohol solution; and has approved under the Traffic Regulation 1962 , section 173 , to perform those activities. standard alcohol solution means a solution of ethyl alcohol and distilled water prepared by an analyst or approved supplier and certified by the analyst or approved supplier as suitable for use with a breath analysing instrument.\n- (a) the supplier prepared a quantity of a solution consisting of ethyl alcohol and distilled water; and\n- (b) the solution was suitable for use with a breath analysing instrument; and\n- (c) the supplier sealed the solution in a number of containers; and\n- (d) the supplier wrote a control number on each container.\n- (a) is satisfied is competent to prepare, certify and supply standard alcohol solution; and\n- (b) has approved under the Traffic Regulation 1962 , section 173 , to perform those activities.","sortOrder":16},{"sectionNumber":"sec.15","sectionType":"section","heading":"Evidence—authority to operate breath analysing instrument","content":"### sec.15 Evidence—authority to operate breath analysing instrument\n\nIn any proceeding—\nit is not necessary for a police officer to produce in evidence a certificate of authority issued by the police commissioner that the police officer is authorised to operate a breath analysing instrument for the purposes of section 37 (2) of the Act ; and\nevidence by a police officer that he or she is so authorised to operate a breath analysing instrument for the purposes of section 37 (2) of the Act is sufficient evidence of that fact until the contrary is proved.\nIf a person intends to dispute at a hearing that a particular police officer is authorised to operate a breath analysing instrument for the purposes of section 37 (2) of the Act , the person must give the police commissioner written notice of the intention at least 14 days before the day fixed for the hearing.\n(sec.15-ssec.1) In any proceeding— it is not necessary for a police officer to produce in evidence a certificate of authority issued by the police commissioner that the police officer is authorised to operate a breath analysing instrument for the purposes of section 37 (2) of the Act ; and evidence by a police officer that he or she is so authorised to operate a breath analysing instrument for the purposes of section 37 (2) of the Act is sufficient evidence of that fact until the contrary is proved.\n(sec.15-ssec.2) If a person intends to dispute at a hearing that a particular police officer is authorised to operate a breath analysing instrument for the purposes of section 37 (2) of the Act , the person must give the police commissioner written notice of the intention at least 14 days before the day fixed for the hearing.\n- (a) it is not necessary for a police officer to produce in evidence a certificate of authority issued by the police commissioner that the police officer is authorised to operate a breath analysing instrument for the purposes of section 37 (2) of the Act ; and\n- (b) evidence by a police officer that he or she is so authorised to operate a breath analysing instrument for the purposes of section 37 (2) of the Act is sufficient evidence of that fact until the contrary is proved.","sortOrder":17},{"sectionNumber":"sec.16","sectionType":"section","heading":"Evidence—certificates about breath, saliva and blood specimens","content":"### sec.16 Evidence—certificates about breath, saliva and blood specimens\n\nThis section applies if an authorised person, health care professional or instrument operator is required under the Act to sign a certificate relating to a specimen of breath, saliva or blood.\nIf the authorised person, health care professional or instrument operator certifies that he or she has given all necessary directions in connection with the provision of the specimen, and that a copy of the certificate was given to each person to whom the Act requires it to be given, the certificate is, until the contrary is proved, conclusive evidence of all matters stated in the certificate.\n(sec.16-ssec.1) This section applies if an authorised person, health care professional or instrument operator is required under the Act to sign a certificate relating to a specimen of breath, saliva or blood.\n(sec.16-ssec.2) If the authorised person, health care professional or instrument operator certifies that he or she has given all necessary directions in connection with the provision of the specimen, and that a copy of the certificate was given to each person to whom the Act requires it to be given, the certificate is, until the contrary is proved, conclusive evidence of all matters stated in the certificate.","sortOrder":18},{"sectionNumber":"sec.17","sectionType":"section","heading":"Evidence—certificates","content":"### sec.17 Evidence—certificates\n\nSection 52 (2) of the Act applies to all certificates made under this regulation that are or purport to be signed by—\na health care professional; or\nan analyst; or\nan approved supplier within the meaning of section 14 .\n- (a) a health care professional; or\n- (b) an analyst; or\n- (c) an approved supplier within the meaning of section 14 .","sortOrder":19},{"sectionNumber":"sec.18","sectionType":"section","heading":"Evidence—failure to comply with provisions","content":"### sec.18 Evidence—failure to comply with provisions\n\nUnless it is proved that a failure to comply with a provision of this regulation substantially affected an analysis of breath or saliva, or the result of a laboratory test of a specimen of saliva or blood, it is to be presumed the failure did not in any way affect the result of the analysis or test.","sortOrder":20},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Approval of particular matters","content":"## Approval of particular matters","sortOrder":21},{"sectionNumber":"sec.18A","sectionType":"section","heading":"Approval of laboratory or particular devices","content":"### sec.18A Approval of laboratory or particular devices\n\nThe chief executive may approve—\nfor section 4 —a laboratory for carrying out an analysis or laboratory test; or\nfor section 6 —a device for testing saliva; or\nfor section 8 (3) , definition collection unit —a device for collecting a specimen of saliva for analysis.\nThe chief executive must publish notice of the approval on the department’s website.\nThe notice must state—\nfor an approval under subsection (1) (a) —the name of the laboratory; and\nfor an approval under subsection (1) (b) or (c) —details of the device; and\nthe day, not earlier than the day the notice is published, the approval takes effect.\nThe approval takes effect on the day stated in the notice under subsection (3) (c) .\ns 18A ins 2025 SL No. 160 s 9\n(sec.18A-ssec.1) The chief executive may approve— for section 4 —a laboratory for carrying out an analysis or laboratory test; or for section 6 —a device for testing saliva; or for section 8 (3) , definition collection unit —a device for collecting a specimen of saliva for analysis.\n(sec.18A-ssec.2) The chief executive must publish notice of the approval on the department’s website.\n(sec.18A-ssec.3) The notice must state— for an approval under subsection (1) (a) —the name of the laboratory; and for an approval under subsection (1) (b) or (c) —details of the device; and the day, not earlier than the day the notice is published, the approval takes effect.\n(sec.18A-ssec.4) The approval takes effect on the day stated in the notice under subsection (3) (c) .\n- (a) for section 4 —a laboratory for carrying out an analysis or laboratory test; or\n- (b) for section 6 —a device for testing saliva; or\n- (c) for section 8 (3) , definition collection unit —a device for collecting a specimen of saliva for analysis.\n- (a) for an approval under subsection (1) (a) —the name of the laboratory; and\n- (b) for an approval under subsection (1) (b) or (c) —details of the device; and\n- (c) the day, not earlier than the day the notice is published, the approval takes effect.","sortOrder":22},{"sectionNumber":"sec.18B","sectionType":"section","heading":"Revocation of approvals under s 18A","content":"### sec.18B Revocation of approvals under s 18A\n\nThe chief executive may revoke an approval under section 18A .\nThe chief executive must publish notice of the revocation on the department’s website.\nThe notice must state—\ndetails of the approval being revoked; and\nthe day, not earlier than the day the notice is published, the revocation takes effect.\nThe revocation takes effect on the day stated in the notice under subsection (3) (b) .\ns 18B ins 2025 SL No. 160 s 9\n(sec.18B-ssec.1) The chief executive may revoke an approval under section 18A .\n(sec.18B-ssec.2) The chief executive must publish notice of the revocation on the department’s website.\n(sec.18B-ssec.3) The notice must state— details of the approval being revoked; and the day, not earlier than the day the notice is published, the revocation takes effect.\n(sec.18B-ssec.4) The revocation takes effect on the day stated in the notice under subsection (3) (b) .\n- (a) details of the approval being revoked; and\n- (b) the day, not earlier than the day the notice is published, the revocation takes effect.","sortOrder":23},{"sectionNumber":"sec.18C","sectionType":"section","heading":"Register of approvals under s 18A","content":"### sec.18C Register of approvals under s 18A\n\nThe chief executive must keep a register of approvals given under section 18A .\nThe register must include the following information for each approval—\ndetails of the approval;\nthe day the approval took effect;\nif the approval has been revoked under section 18B —the day the revocation took effect.\nThe chief executive may keep the register in the way the chief executive considers appropriate.\nHowever, the chief executive must publish the register on the department’s website.\ns 18C ins 2025 SL No. 160 s 9\n(sec.18C-ssec.1) The chief executive must keep a register of approvals given under section 18A .\n(sec.18C-ssec.2) The register must include the following information for each approval— details of the approval; the day the approval took effect; if the approval has been revoked under section 18B —the day the revocation took effect.\n(sec.18C-ssec.3) The chief executive may keep the register in the way the chief executive considers appropriate.\n(sec.18C-ssec.4) However, the chief executive must publish the register on the department’s website.\n- (a) details of the approval;\n- (b) the day the approval took effect;\n- (c) if the approval has been revoked under section 18B —the day the revocation took effect.","sortOrder":24},{"sectionNumber":"pt.3","sectionType":"part","heading":"Rail safety investigation fee","content":"# Rail safety investigation fee","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Accredited persons for rail safety investigation fee— Act , s 59","content":"### sec.19 Accredited persons for rail safety investigation fee— Act , s 59\n\nFor section 59 (1) of the Act , an accredited person is prescribed, in relation to a period prescribed for that section, if the person is a rolling stock operator with effective control and management of the operation or movement of trains that travelled, in total, more than 1.5 million km within Queensland in the previous calendar year.","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Period for rail safety investigation fee— Act , s 59","content":"### sec.20 Period for rail safety investigation fee— Act , s 59\n\nFor section 59 (1) of the Act , the period is a financial year.","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Rail safety investigation fee— Act , s 59","content":"### sec.21 Rail safety investigation fee— Act , s 59\n\nFor section 59 (1) of the Act , the rail safety investigation fee payable by an accredited person prescribed for that section is the amount worked out using the following formula—\nwhere—\nA means—\nfor the financial year ending on 30 June 2018—the rate of $750,000; or\nfor each later financial year—the rate worked out under subsections (2) and (3) .\nB means the number of kilometres travelled, in total, within Queensland in the previous calendar year by the trains of all accredited persons prescribed for section 59 (1) of the Act .\nC means the number of kilometres travelled, in total, within Queensland in the previous calendar year by the trains of the accredited person by whom the fee is payable.\nThe rate for each financial year after the financial year ending on 30 June 2018 is to be adjusted using the following formula—\nwhere—\nD means the rate for the previous financial year.\nE means the CPI number for the March quarter in the previous calendar year.\nF means the CPI number for the March quarter in the current calendar year.\nHowever, if in a particular financial year the adjustment of the rate under subsection (2) would reduce the rate, the rate must not be adjusted for that year.\nThis section applies subject to section 23 (4) .\nIn this section—\nCPI number , for a quarter, means the all groups consumer price index that is the weighted average of the 8 capital cities, as published by the Australian Statistician for that quarter.\ncurrent calendar year , in relation to a financial year for which the rail safety investigation fee is being worked out, means the calendar year that ends during the financial year.\n(sec.21-ssec.1) For section 59 (1) of the Act , the rail safety investigation fee payable by an accredited person prescribed for that section is the amount worked out using the following formula— where— A means— for the financial year ending on 30 June 2018—the rate of $750,000; or for each later financial year—the rate worked out under subsections (2) and (3) . B means the number of kilometres travelled, in total, within Queensland in the previous calendar year by the trains of all accredited persons prescribed for section 59 (1) of the Act . C means the number of kilometres travelled, in total, within Queensland in the previous calendar year by the trains of the accredited person by whom the fee is payable.\n(sec.21-ssec.2) The rate for each financial year after the financial year ending on 30 June 2018 is to be adjusted using the following formula— where— D means the rate for the previous financial year. E means the CPI number for the March quarter in the previous calendar year. F means the CPI number for the March quarter in the current calendar year.\n(sec.21-ssec.3) However, if in a particular financial year the adjustment of the rate under subsection (2) would reduce the rate, the rate must not be adjusted for that year.\n(sec.21-ssec.4) This section applies subject to section 23 (4) .\n(sec.21-ssec.5) In this section— CPI number , for a quarter, means the all groups consumer price index that is the weighted average of the 8 capital cities, as published by the Australian Statistician for that quarter. current calendar year , in relation to a financial year for which the rail safety investigation fee is being worked out, means the calendar year that ends during the financial year.\n- (a) for the financial year ending on 30 June 2018—the rate of $750,000; or\n- (b) for each later financial year—the rate worked out under subsections (2) and (3) .","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Date for payment of rail safety investigation fee— Act , s 59","content":"### sec.22 Date for payment of rail safety investigation fee— Act , s 59\n\nFor section 59 (2) of the Act , the date is 31 August of the financial year for which the rail safety investigation fee is payable.","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Invoice for rail safety investigation fee","content":"### sec.23 Invoice for rail safety investigation fee\n\nThe chief executive must give an accredited person prescribed for section 59 (1) of the Act an invoice for the rail safety investigation fee payable by the person for a financial year.\nThe chief executive must give the accredited person the invoice on or before 31 July in the financial year.\nIf, based on information subsequently received by the chief executive, the chief executive decides the amount of the invoice was incorrect, the chief executive may, within 30 days after receiving the information, give the accredited person a notice stating the corrected amount.\nIf the chief executive gives the accredited person a notice under subsection (3) —\nthe rail safety investigation fee payable by the accredited person for the financial year is taken to be the amount of the invoice; and\nthe rail safety investigation fee payable by the accredited person for the next financial year must be adjusted by taking the corrected amount into account.\n(sec.23-ssec.1) The chief executive must give an accredited person prescribed for section 59 (1) of the Act an invoice for the rail safety investigation fee payable by the person for a financial year.\n(sec.23-ssec.2) The chief executive must give the accredited person the invoice on or before 31 July in the financial year.\n(sec.23-ssec.3) If, based on information subsequently received by the chief executive, the chief executive decides the amount of the invoice was incorrect, the chief executive may, within 30 days after receiving the information, give the accredited person a notice stating the corrected amount.\n(sec.23-ssec.4) If the chief executive gives the accredited person a notice under subsection (3) — the rail safety investigation fee payable by the accredited person for the financial year is taken to be the amount of the invoice; and the rail safety investigation fee payable by the accredited person for the next financial year must be adjusted by taking the corrected amount into account.\n- (a) the rail safety investigation fee payable by the accredited person for the financial year is taken to be the amount of the invoice; and\n- (b) the rail safety investigation fee payable by the accredited person for the next financial year must be adjusted by taking the corrected amount into account.","sortOrder":30},{"sectionNumber":"sec.24","sectionType":"section","heading":"Information to be given to chief executive— Act , s 60","content":"### sec.24 Information to be given to chief executive— Act , s 60\n\nFor section 60 (1) of the Act , the information, in relation to an accredited person, is the number of kilometres travelled, in total, within Queensland in the previous calendar year by trains the operation or movement of which were effectively controlled and managed by the accredited person.\nFor section 60 (2) (a) of the Act , the way is in writing given to the chief executive.\nFor section 60 (2) (b) of the Act , the period is the period, of at least 28 days, stated by the chief executive in the chief executive’s request for the information.\n(sec.24-ssec.1) For section 60 (1) of the Act , the information, in relation to an accredited person, is the number of kilometres travelled, in total, within Queensland in the previous calendar year by trains the operation or movement of which were effectively controlled and managed by the accredited person.\n(sec.24-ssec.2) For section 60 (2) (a) of the Act , the way is in writing given to the chief executive.\n(sec.24-ssec.3) For section 60 (2) (b) of the Act , the period is the period, of at least 28 days, stated by the chief executive in the chief executive’s request for the information.","sortOrder":31}],"analysis":{"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulation's original scope (drug/alcohol testing procedures and rail safety investigation fees) has been meaningfully expanded by subsequent amendments. The 2025 amendments added an entirely new division (Division 2 of Part 2) establishing a formal approval and revocation framework for laboratories and testing devices, along with a publicly accessible register — functions not present in the original 2017 instrument. This represents a shift from purely prescribing approved devices/labs by regulation to delegating ongoing approval power to the chief executive with transparency obligations."},"complexity_factors":["Multiple interlocking cross-references to the parent Act (Rail Safety National Law) requiring readers to consult another document to fully understand provisions","Evidentiary rules involving legal presumptions (conclusive vs rebuttable evidence) that require legal knowledge to properly interpret","Mathematical formula for fee calculation with CPI-adjustment mechanism and conditional logic (fee cannot decrease)","Chain-of-custody and certification requirements for biological specimens (blood, saliva, breath) involving multiple actors (health professionals, analysts, authorised persons)","Layered approval system for labs and devices with publication and registration requirements added by 2025 amendments","References to external standards (AS 3547, IATA Dangerous Goods Regulations, Traffic Regulation 1962) requiring knowledge of those separate instruments","Multiple subsections have been amended at different times (2022, 2024, 2025), creating version complexity"],"plain_english_summary":"## Rail Safety National Law (Queensland) Regulation 2017\n\n### What is this?\nThis is a detailed set of rules that supports Queensland's rail safety law. It covers two main areas: **drug and alcohol testing of rail workers**, and **fees charged to large train operators** to fund rail safety investigations.\n\n### Who does it affect?\n\n**Rail safety workers** (think train drivers, signallers, and others whose jobs directly affect train safety) — they can be tested for alcohol and drugs while on the job.\n\n**Large rolling stock operators** (companies that run trains) — specifically those whose trains travel more than 1.5 million kilometres within Queensland per year. These operators must pay an annual fee to fund rail safety investigations.\n\n### Drug & Alcohol Testing — What You Need to Know\n\n- Rail workers can be directed by an authorised officer to provide **breath or saliva samples** for drug and alcohol testing.\n- Breath tests must use devices that meet the Australian Standard **AS 3547**.\n- If a blood sample is taken, a health professional must follow strict procedures — using the right vein, not using alcohol-based cleaning products, labelling the sample correctly, and signing a certificate documenting everything.\n- Workers are entitled to a **duplicate (copy) blood sample** they can keep.\n- Samples can be delivered to a lab in person or by international dangerous goods transport regulations.\n- **Certificates** signed by analysts, health professionals, and instrument operators are treated as strong evidence in legal proceedings — essentially, if a certificate says something happened, it's assumed to be true unless someone proves otherwise.\n- A **minor procedural mistake** (e.g., a small paperwork error) won't automatically invalidate a test result — it only matters if it actually affected the result.\n- The chief executive (a senior government official) can approve or revoke which labs and testing devices are authorised, and must publish and maintain a public register of these approvals on the department's website.\n\n### Rail Safety Investigation Fee — What You Need to Know\n\n- Large train operators (those running more than 1.5 million km of trains in Queensland per year) must pay an **annual fee** to fund rail safety investigations.\n- The fee is calculated based on **how far your trains travel compared to all other large operators** — the more kilometres you cover relative to the total, the more you pay.\n- The starting rate was **$750,000 per year** (for 2017–18), adjusted annually for **inflation** (using the Consumer Price Index — a standard measure of rising prices). The fee can go up with inflation but **cannot go down**.\n- Invoices are issued by **31 July** each year, and payment is due by **31 August**.\n- If the invoice amount turns out to be wrong, the government can correct it within 30 days — but rather than demanding immediate repayment, any correction is factored into **next year's fee**.\n- Operators must report their annual kilometres travelled in writing when asked by the chief executive."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.9-ssec.4 and sec.9-ssec.5","severity":"medium","reasoning":"Conclusive evidence by definition cannot be rebutted. The qualifier 'unless the contrary is proved' transforms 'conclusive evidence' into ordinary rebuttable evidence, making the word 'conclusive' legally meaningless and internally contradictory within sec.9(4). This same tension appears in sec.16(2).","confidence":0.82,"description":"Contradictory evidentiary standards within the same section: sec.9(4) states a specimen certificate is 'conclusive evidence' of matters stated in it (unless contrary proved), but sec.9(5) creates a conclusive presumption that no alcohol/ether was used UNLESS the health care professional gives evidence on oath that they did use it. The phrase 'unless the contrary is proved' in sec.9(4) undermines the word 'conclusive', rendering the certificate neither truly conclusive nor merely prima facie evidence."},{"type":"impossible_compliance","section":"sec.9-ssec.5 and sec.9-ssec.6","severity":"high","reasoning":"The two-step conclusive presumption structure makes it practically impossible for a defendant to mount any meaningful challenge to a blood specimen result on the basis of cleaning-agent contamination. The only pathway to challenge (the professional's sworn admission) is immediately neutralised by a second conclusive presumption. This creates an effective irrebuttable presumption of validity dressed up as two separate rebuttable ones.","confidence":0.85,"description":"A cascade of conclusive presumptions that produces an unfalsifiable evidentiary chain. Sec.9(5) conclusively presumes no alcohol/ether was used unless the health professional swears on oath they used it. Sec.9(6) then conclusively presumes that even if they did use it, the result was unaffected unless the contrary is proved. The net effect is that contamination can never practically invalidate a test result: if the professional says nothing, it is conclusively presumed no contamination occurred; if they admit contamination under oath, it is conclusively presumed it had no effect. A defendant cannot rebut the first presumption without triggering the second."},{"type":"other","section":"sec.14-ssec.3","severity":"medium","reasoning":"Tying rail safety testing approvals to road traffic legislation creates a fragile cross-regulatory dependency. If s.173 of the Traffic Regulation 1962 is amended or repealed, the definition of 'approved supplier' in this rail safety regulation breaks down, potentially invalidating all breath-analysis evidence in rail safety proceedings.","confidence":0.78,"description":"The definition of 'approved supplier' requires approval under the Traffic Regulation 1962, section 173 — a piece of Queensland road traffic subordinate legislation with no obvious connection to rail safety. Approval for rail safety breath-testing calibration is thus contingent on a road traffic regulation, creating a regulatory dependency that could leave rail safety testing without any approved suppliers if the Traffic Regulation 1962 is amended or repealed."},{"type":"other","section":"sec.21-ssec.2 and sec.21-ssec.3","severity":"medium","reasoning":"The interplay between 'current calendar year' (calendar year ending during the financial year, i.e. 1 Jan–31 Dec) and the March quarter reference creates temporal confusion. For financial year 2024–25, the 'current calendar year' is 2024, so F = March quarter 2024 CPI and E = March quarter 2023 CPI. This is workable but the definition is unnecessarily opaque and the 'current calendar year' terminology is counterintuitive since the March quarter used is actually 15 months before the fee payment date.","confidence":0.6,"description":"The CPI adjustment formula in sec.21(2) adjusts the rate using D × (F/E), where F is the CPI for the March quarter of the 'current calendar year' and E is the CPI for the March quarter of the 'previous calendar year'. However, the 'current calendar year' is defined in sec.21(5) as the calendar year that ends during the financial year — i.e. the calendar year ending 31 December during that financial year. For a financial year (July–June), the March quarter of the 'current calendar year' falls before the financial year even begins (March of the preceding calendar year that ends in December during the financial year). This means F could pre-date E, potentially making F < E routinely and triggering the no-reduction floor in sec.21(3) with unexpected frequency, or alternatively producing a nonsensical time ordering."},{"type":"other","section":"sec.22 and sec.23-ssec.2","severity":"low","reasoning":"The correction mechanism in sec.23(3)-(4) defers correction to the next financial year rather than adjusting the current obligation, creating a situation where the legal liability (original invoice) differs from the economically correct amount, with no intra-year remedy specified in the regulation.","confidence":0.7,"description":"The invoice must be given on or before 31 July (sec.23(2)), but the fee is due on 31 August (sec.22). While this 31-day window is not inherently absurd, sec.23(3) allows the chief executive to issue a corrected invoice within 30 days of receiving new information, with no cap on when that information might be received. If new information arrives shortly before or after 31 August, a corrected amount could be notified after the payment deadline has already passed, yet sec.23(4)(a) deems the fee payable to remain the original invoice amount — meaning a person may have already paid the wrong amount with no mechanism in the regulation itself to recover overpayments or demand underpayments for the current year."},{"type":"self_contradicting","section":"sec.16-ssec.2","severity":"medium","reasoning":"As with sec.9(4), describing something as 'conclusive evidence' while simultaneously allowing the contrary to be proved is a standard Australian legislative drafting tension, but it remains logically contradictory on its face. 'Conclusive' evidence should, by definition, not yield to contrary proof.","confidence":0.8,"description":"Section 16(2) states that if an official certifies they gave 'all necessary directions' and copies were distributed as required, the certificate is 'conclusive evidence of all matters stated in the certificate' — yet this conclusiveness is immediately qualified by 'until the contrary is proved'. A certificate that is both conclusive and rebuttable is a logical contradiction."},{"type":"impossible_compliance","section":"sec.10-ssec.1","severity":"medium","reasoning":"If the duplicate has already been given to the rail safety worker under s.33(4) of the Act, directing the health care professional to deal with it 'in the same manner' as a laboratory test specimen (which includes delivery to a lab under s.11) creates an impossible obligation post-handover.","confidence":0.65,"description":"Section 10 requires the health care professional to deal with the duplicate specimen 'in the same manner as if the duplicate specimen were a specimen of blood for a laboratory test.' However, the duplicate specimen is given to the rail safety worker (per s.33(4) of the Act), not retained for testing. Requiring the health care professional to handle it as a laboratory test specimen — including presumably packaging, labelling and delivering it to a laboratory — is either impossible (the worker has already received it) or creates an absurd obligation to process a specimen that has been handed to the subject."}],"contradictions":[{"severity":"medium","section_a":"sec.9-ssec.4","section_b":"sec.18","confidence":0.72,"description":"Section 9(4) makes a specimen certificate 'conclusive evidence' (subject to rebuttal) of all matters stated in it, including implicitly the procedural steps taken. Section 18 separately provides that failure to comply with provisions of the regulation is presumed not to affect results unless substantial effect is proved. These two provisions potentially conflict: a defendant who proves non-compliance with sec.9's procedures (rebutting the certificate under sec.9(4)) would also need to prove 'substantial effect' under sec.18 to actually invalidate the result — creating an unresolved tension about which evidentiary mechanism governs."},{"severity":"medium","section_a":"sec.13-ssec.1","section_b":"sec.5","confidence":0.7,"description":"Section 13(1) provides that an authorised person's own evidence that they used an approved device is sufficient evidence of approval. Section 5 specifies that only devices complying with AS 3547 are approved for preliminary breath tests. Section 13 effectively allows self-certification of compliance with the objective standard in sec.5, meaning an authorised person could assert they used an approved device even where the device did not actually comply with AS 3547, and their testimony alone would be sufficient unless the contrary is proved — undermining the objective technical standard set in sec.5."},{"severity":"low","section_a":"sec.23-ssec.4(a)","section_b":"sec.21-ssec.4","confidence":0.68,"description":"Section 23(4)(a) provides that when a correction notice is issued, the fee payable for the current financial year 'is taken to be the amount of the invoice' (i.e. the original, incorrect amount). Section 21(4) states sec.21 applies subject to sec.23(4). However, sec.23(4)(b) then adjusts the next year's fee to account for the correction. This creates a contradiction: the legal fee for the current year is the incorrect invoice amount, but the correction is deferred to alter next year's fee — meaning the State may collect either more or less than the formula in sec.21 actually prescribes, with no mechanism to reconcile within the current year, contradicting the intent of sec.21's precise formula."},{"severity":"medium","section_a":"sec.18A-ssec.3(c)","section_b":"sec.18B-ssec.3(b)","confidence":0.75,"description":"Section 18A(3)(c) requires the approval notice to state a day 'not earlier than the day the notice is published' for the approval to take effect, ensuring no retrospective approvals. Section 18B(3)(b) imposes the same prospectivity requirement for revocations. However, there is no minimum notice period prescribed for revocations — a revocation could be published and take effect the same day. This means approved laboratories or devices relied upon by rail operators could lose their approved status with zero advance warning, potentially rendering ongoing tests invalid without any transition period, creating an operational impossibility for compliance."}]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulation appears to maintain its original scope. Part 2 deals with drug and alcohol testing procedures as originally intended, and Part 3 establishes the rail safety investigation fee mechanism. The 2025 amendments added an approval and registration scheme for laboratories and devices (sections 18A-18C), but this is an operational enhancement within the existing testing framework rather than an expansion into new policy areas."},"complexity_factors":["Multiple cross-references to the parent Act (Rail Safety National Law) requiring readers to flip between documents to understand full context","Mathematical formula for fee calculation with CPI indexation and conditional logic (no reduction allowed in certain years)","Nested definitions and defined terms (e.g., 'collection unit' defined by reference to chief executive approval under specific subsection)","Evidentiary presumptions with multiple layers of exceptions (e.g., section 9 contains presumptions about cleaning substances that can be rebutted only by specific sworn evidence)","Incorporation of external standards by reference (AS 3547, International Air Transport Association Dangerous Goods Regulations) that change over time","Recent amendments (2024, 2025) inserting new approval and registration schemes (sections 18A-18C) that overlay existing provisions","Conditional application clauses (e.g., 'subject to section 23(4)')"],"plain_english_summary":"This regulation sets out the practical rules for drug and alcohol testing of rail safety workers in Queensland, and establishes a funding mechanism for rail safety investigations.\n\n**Who it affects:**\n- **Rail safety workers** – people who operate or work on trains (drivers, guards, maintenance staff, etc.)\n- **Rail operators** – companies that run trains, particularly those operating more than 1.5 million kilometres per year in Queensland\n- **Health professionals and testing officers** – people who take blood, breath, or saliva samples\n- **Government officials** – the chief executive who approves testing equipment and laboratories\n\n**What it does:**\n\n**Part 2 – Drug and Alcohol Testing**\n- **Approves testing equipment**: Specifies which breathalysers, saliva testing devices, and laboratories can be used (must meet Australian Standards or be approved by the chief executive)\n- **Sets out how tests are done**: Details exactly how workers must provide breath samples (blowing continuously into a mouthpiece) and saliva samples (using approved collection devices)\n- **Blood testing rules**: Health professionals must follow strict procedures when taking blood – using clean equipment without alcohol-based cleaners, labelling samples properly, and signing certificates\n- **Evidence rules**: Creates legal shortcuts for court cases – certificates signed by testers are treated as solid proof unless someone can prove otherwise; small mistakes in procedure won't invalidate test results unless they actually affected the outcome\n- **Approval system**: The chief executive can approve laboratories and testing devices, must publish these approvals on a website, and keep a public register\n\n**Part 3 – Rail Safety Investigation Fee**\n- **Who pays**: Large rail operators (those running trains more than 1.5 million km/year in Queensland)\n- **How much**: A formula-based fee starting at $750,000 (adjusted annually for inflation using CPI), divided among operators based on how many kilometres they ran compared to the total\n- **When**: Invoices issued by 31 July, payment due by 31 August each financial year\n- **Reporting**: Operators must report their kilometre totals to the chief executive when asked\n\n**Why it matters:**\nThis regulation keeps railways safe by ensuring drug and alcohol testing is done properly and consistently, with clear rules that hold up in court. It also ensures the rail safety regulator is funded by the industry itself, with bigger operators paying more."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/rail-safety-national-law-queensland-regulation-2017","history":"/api/acts/rail-safety-national-law-queensland-regulation-2017/history","analysis":"/api/acts/rail-safety-national-law-queensland-regulation-2017/analysis","conflicts":"/api/acts/rail-safety-national-law-queensland-regulation-2017/conflicts","importantCases":"/api/acts/rail-safety-national-law-queensland-regulation-2017/important-cases","documents":"/api/acts/rail-safety-national-law-queensland-regulation-2017/documents"}}