{"id":"rail-safety-national-law-south-australia-drug-and-alcohol-testing-regulations-2012","name":"Rail Safety National Law (South Australia) (Drug and Alcohol Testing) Regulations 2012","slug":"rail-safety-national-law-south-australia-drug-and-alcohol-testing-regulations-2012","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236885,"registerId":"sa-rail-safety-national-law-south-australia-drug-and-alcohol-testing-regulations-2012-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Rail Safety National Law (South Australia) (Drug and Alcohol Testing) Regulations 2012","content":"South Australia\nRail Safety National Law (South Australia) (Drug and Alcohol Testing) Regulations 2012\nunder the Rail Safety National Law (South Australia) Act 2012\n\nContents\n1\tShort title\n3\tInterpretation\n3A\tApproval of apparatus\n4\tConduct of breath analysis\n5\tOral advice on refusal or failure to comply with requirement or direction of authorised person\n6\tPrescribed period for keeping blood samples and oral fluid samples\n7\tInformation to be included on analyst's certificate\n8\tProcedures for voluntary blood test\n9\tOral advice and written notice on recording of positive breath analysis reading\n10\tRequest for approved blood test kit\n11\tDestruction of oral fluid and blood samples\nSchedule 1—Oral advice and written notices\nPart 1—Oral advice on refusal or failure to comply with preliminary breath test or breath analysis direction: section 12 of Act\n1\tOral advice on refusal or failure to comply with preliminary breath test or breath analysis direction: section 12 of Act\nPart 2—Oral advice on refusal or failure to comply with drug screening test, oral fluid analysis or blood test direction: section 13 of Act\n2\tOral advice on refusal or failure to comply with drug screening test or oral fluid analysis direction: section 13 of Act\n3\tOral advice on refusal or failure to comply with blood test direction in connection with drug testing: section 13 of Act\n4\tOral advice on refusal or failure to comply with blood test direction in connection with alcohol testing: section 13 of Act\nPart 3—Prescribed oral advice for purposes of section 20(5)(a) of Act\nPart 4—Prescribed written notice for purposes of section 20(5)(a) of Act\nSchedule 2—Transitional provisions\n2\tTransitional provisions\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Rail Safety National Law (South Australia) (Drug and Alcohol Testing) Regulations 2012.\n3—Interpretation\nIn these regulations—\nAct means the Rail Safety National Law (South Australia) Act 2012.\n3A—Approval of apparatus\n\t(1)\tFor the purposes of Part 4 of the Act and Part 3 Division 9 of the Rail Safety National Law, apparatus of the following kind is approved for the purposes of conducting alcotests:\nAlcoQuant 6020.\n\t(2)\tFor the purposes of Part 4 of the Act and Part 3 Division 9 of the Rail Safety National Law, apparatus of the following kinds are approved for the purposes of conducting drug screening tests:\n\t(a)\tClonal Technologies Oral Fluid Drug Test 7;\n\t(b)\tMedvet Oral7 Point of Collection Device;\n\t(c)\tOranoxis ToxWipe 7+.\n4—Conduct of breath analysis\n\t(1)\tFor the purposes of section 12 of the Act, if a rail safety worker submits to testing by means of a breath analysis, the testing must be conducted in the following manner:\n\t(a)\tthe worker must provide 2 separate samples of breath for analysis; and\n\t(b)\teach sample must be provided in accordance with the directions of the operator of the breath analysing instrument and must consist of not less than 1 litre of breath; and\n\t(c)\tthere must be an interval of not less than 2 minutes and not more than 10 minutes between the provision of the samples.\n\t(2)\tDespite subregulation (1)—\n\t(a)\tif, on analysing a sample of breath, the breath analysing instrument indicates an error in the analysis of the sample—\n\t(i)\tthat sample, or, if that sample was the second sample provided, both samples, must be disregarded; and\n\t(ii)\tthe rail safety worker may be required to provide 2 further samples of breath for analysis using a different instrument (and such samples must be provided in accordance with subregulation (1)(b) and (c)); or\n\t(b)\tif, on analysing a sample of breath, the breath analysing instrument indicates the presence of alcohol in the mouth of the rail safety worker—\n\t(i)\tthat sample, or, if that sample was the second sample provided, both samples, must be disregarded; and\n\t(ii)\tthe worker may be required to provide 2 further samples of breath for analysis (and such samples must be provided in accordance with subregulation (1)(b) and (c)); or\n\t(c)\tif, on analysing 2 samples of breath, the breath analysing instrument indicates that the reading obtained on analysis of the second sample was more than 15% higher or lower than the reading obtained on analysis of the first sample—\n\t(i)\tthose samples must be disregarded; and\n\t(ii)\tthe rail safety worker may be required to provide 2 further samples of breath for analysis (and such samples must be provided in accordance with subregulation (1)(b) and (c)); or\n\t(d)\tif, for any reason, a second sample of breath is not provided within 10 minutes of the provision of the first sample—\n\t(i)\tthe first sample is to be disregarded; and\n\t(ii)\tthe rail safety worker may be required to provide 2 further samples of breath for analysis (and such samples must be provided in accordance with subregulation (1)(b) and (c)).\n\t(3)\tIf a rail safety worker submits to a breath analysis, the result of the breath analysis will, for the purposes of the Act, be taken to be the reading produced by the breath analysing instrument, on analysis of the samples of breath provided by the worker in accordance with this regulation, that indicates the lower concentration of alcohol in the worker's breath (not taking into account any samples that, in accordance with this regulation, are to be disregarded).\n5—Oral advice on refusal or failure to comply with requirement or direction of authorised person\n\t(1)\tA rail safety worker who refuses or fails to comply with a reasonable direction of an authorised person in relation to a requirement to submit to a preliminary breath test or breath analysis must be given the oral advice set out in Schedule 1 Part 1 of these regulations as to the operation of section 12(4) and (6) of the Act.\n\t(2)\tA rail safety worker who refuses or fails to comply with a reasonable direction of an authorised person in relation to a requirement to submit to a drug screening test or oral fluid analysis must be given the oral advice set out in Schedule 1 Part 2 clause 2 of these regulations as to the operation of section 13(5) and (7) of the Act.\n\t(3)\tA rail safety worker who refuses or fails to comply with a requirement or reasonable direction of an authorised person relating to a blood test required in connection with drug testing must be given the oral advice set out in Schedule 1 Part 2 clause 3 of these regulations as to the operation of section 13(5) and (8)(a) of the Act.\n\t(4)\tA rail safety worker who refuses or fails to comply with a requirement or reasonable direction of an authorised person relating to a blood test required in connection with alcohol testing must be given the oral advice set out in Schedule 1 Part 2 clause 4 of these regulations as to the operation of section 13(5) and (8)(b) of the Act.\n6—Prescribed period for keeping blood samples and oral fluid samples\nFor the purposes of sections 17(e)(ii) and 18(e)(ii) of the Act, the period prescribed for which a container containing a sample of a person's blood or oral fluid (as the case may be) must be kept available for collection by or on behalf of that person is 12 months from the day on which the sample was taken from the person.\n7—Information to be included on analyst's certificate\nFor the purposes of section 18(f)(iv) of the Act, the required information in relation to any prescribed drug or other drug found to be present in the sample is information identifying the drug or drugs.\n8—Procedures for voluntary blood test\n\t(1)\tThe following are the prescribed procedures in accordance with which a sample of a person's blood must be taken and dealt with for the purposes of section 20(2) of the Act:\n\t(a)\tthe person must cause the sample to be taken by a medical practitioner or registered nurse of the person's choice and must deliver the blood test kit supplied to the person under section 20(5)(b) of the Act to the medical practitioner or registered nurse for use for that purpose;\n\t(b)\tthe medical practitioner or registered nurse by whom the sample of the person's blood is taken must place the sample, in approximately equal proportions, in 2 containers (being the containers provided as part of the blood test kit);\n\t(c)\teach container must contain a sufficient quantity of blood to enable an accurate evaluation to be made of any concentration of alcohol present in the blood and the sample of blood taken by the medical practitioner or registered nurse must be such as to furnish 2 such quantities of blood;\n\t(d)\tthe medical practitioner or registered nurse must seal each container by application of the adhesive seal (bearing an identifying number) provided as part of the blood test kit;\n\t(e)\tit is the duty of the medical practitioner or registered nurse to take such measures as are reasonably practicable in the circumstances to ensure that the blood is not adulterated and does not deteriorate so as to prevent a proper assessment of the concentration of alcohol present in the blood of the person from whom the sample was taken;\n\t(f)\tthe medical practitioner or registered nurse must then complete a certificate in the form set out in Schedule 1 Form 6 of the Road Traffic (Miscellaneous) Regulations 2014 (being a form provided as part of the blood test kit) by inserting the particulars required by the form;\n\t(g)\tthe certificate must be signed by the medical practitioner or registered nurse certifying as to the matters set out in the form;\n\t(h)\tthe certificate must also bear the signature of the person from whom the blood sample was taken, attested to by the signature of the medical practitioner or registered nurse;\n\t(i)\tthe original of the signed certificate must then be delivered to the person from whom the blood sample was taken together with 1 of the sealed containers containing part of the blood sample;\n\t(j)\ta copy of the signed certificate must be delivered by the medical practitioner or registered nurse together with the other sealed container containing part of the blood sample to a police officer or an approved delivery person;\n\t(ja)\ta police officer to whom a copy of the signed certificate and the other sealed container is delivered under paragraph (j) must deliver the copy and container to Forensic Science SA or to an approved delivery person;\n\t(jb)\tan approved delivery person to whom a copy of the signed certificate and the other sealed container is delivered under this subregulation must deliver the copy and container to Forensic Science SA;\n\t(k)\tthe blood sample container and copy of the certificate referred to in paragraph (j) must not be delivered into the possession of the person from whom the sample was taken;\n\t(l)\ton receipt of the blood sample container and certificate at Forensic Science SA, the blood in the container must be analysed as soon as reasonably practicable by or under the supervision of an analyst to determine the concentration of alcohol present in the blood expressed in grams in 100 millilitres of blood;\n\t(m)\tthe analyst must then complete and sign a certificate certifying as to the following matters:\n\t(i)\tthe date of receipt at Forensic Science SA of the blood sample container and the certificate accompanying the blood sample container;\n\t(ii)\tthe identifying number appearing on the adhesive seal used to seal the blood sample container;\n\t(iii)\tthe name and professional qualifications of the analyst;\n\t(iv)\tthe concentration of alcohol found to be present in the blood expressed in grams in 100 millilitres of blood;\n\t(v)\tany factors relating to the blood sample or the analysis that might, in the opinion of the analyst, adversely affect the accuracy or validity of the analysis;\n\t(vi)\tany other information relating to the blood sample or analysis or both that the analyst thinks fit to include;\n\t(n)\tthe analyst's certificate must be sent by post to the person from whom the blood sample was taken at the address shown as the person's address on the certificate accompanying the blood sample container;\n\t(o)\ta copy of the analyst's certificate must be sent to or retained on behalf of the Regulator;\n\t(p)\ta copy of the analyst's certificate must also be sent to the Commissioner of Police;\n\t(q)\tthe person from whom the blood sample was taken may cause the sample of blood as contained in the blood sample container delivered to that person to be analysed to determine the concentration of alcohol present in the blood.\n\t(2)\tA reference in a certificate completed for the purposes of subregulation (1)(f) to the Road Traffic Act 1961 or the Rail Safety Act 2007, or a provision of either those Acts, will be taken to be a reference to the Rail Safety National Law (South Australia) Act 2012 or the corresponding provision of that Act.\n\t(3)\tIn subregulation (1)—\napproved delivery person means a person approved by the Commissioner of Police as a courier for the purposes of Schedule 1 of the Road Traffic Act 1961.\n9—Oral advice and written notice on recording of positive breath analysis reading\n\t(1)\tThe oral advice required to be given for the purposes of section 20(5)(a) of the Act must be as set out in Schedule 1 Part 3 of these regulations.\n\t(2)\tThe written notice required to be delivered for the purposes of section 20(5)(a) of the Act must be as set out in Schedule 1 Part 4 of these regulations.\nNote—\nSee also Schedule 2 clause 2.\n10—Request for approved blood test kit\n\t(1)\tFor the purposes of section 20(5)(b) of the Act, a request for an approved blood test kit must be made in accordance with the following:\n\t(a)\tthe request may, in the first instance, be made orally to the person operating the breath analysing instrument (the operator);\n\t(b)\ton such a request having been made by the person, the operator or any other authorised person present at the scene must complete a written request in the form approved by the Regulator;\n\t(c)\tthe person making the request must then sign the request form in the presence of the operator or other authorised person and the person's signature must be attested to by the signature of the operator or other authorised person;\n\t(d)\tthe original of the signed request form may be retained by the person making the request;\n\t(e)\ta copy of the signed request form must be delivered to the operator or other authorised person.\n\t(2)\tThe copy of the request form delivered to the operator or other authorised person must be delivered to the Regulator or retained on the Regulator's behalf for 12 months from the day on which the request form was signed by the person making the request.\n11—Destruction of oral fluid and blood samples\nThe Commissioner of Police must ensure that the sample of oral fluid or blood (and any other forensic material taken incidentally during a drug screening test, oral fluid analysis or blood test) is destroyed—\n\t(a)\tif proceedings for an offence against the Act based on evidence of the results of analysis of the sample are not commenced within the period allowed; or\n\t(b)\tif such proceedings are commenced within the period allowed—when the proceedings (including any proceedings on review or appeal) are finally determined or discontinued.\nSchedule 1—Oral advice and written notices\nPart 1—Oral advice on refusal or failure to comply with preliminary breath test or breath analysis direction: section 12 of Act\n1—Oral advice on refusal or failure to comply with preliminary breath test or breath analysis direction: section 12 of Act\nIt is a criminal offence to refuse or fail to provide a breath sample without good cause and you could be fined as a consequence.\nIf you have some physical or medical condition that prevents you from providing a breath sample, you may immediately ask for a sample of your blood to be taken instead by a medical practitioner or registered nurse.\nIf you want a blood sample taken because of your condition, you should ask for that and the authorised person will help you to have the sample taken.\nPart 2—Oral advice on refusal or failure to comply with drug screening test, oral fluid analysis or blood test direction: section 13 of Act\n2—Oral advice on refusal or failure to comply with drug screening test or oral fluid analysis direction: section 13 of Act\nIt is a criminal offence to refuse or fail to provide a sample of oral fluid without good cause and you could be fined as a consequence.\nIf you have some physical or medical condition that prevents you from providing a sample of oral fluid, you may ask for a sample of your blood to be taken instead or show that your condition also prevents the taking of blood.\nIf you want a sample of blood taken because of your condition, you should ask for that and the authorised person will help you to have the sample taken.\n3—Oral advice on refusal or failure to comply with blood test direction in connection with drug testing: section 13 of Act\nIt is a criminal offence to refuse or fail to provide a sample of blood in connection with drug testing without good cause and you could be fined as a consequence.\nIf you have some physical or medical condition that prevents you from providing a sample of blood, you may ask for a sample of your oral fluid to be taken instead.\nIf you want a sample of oral fluid taken because of your condition, you should ask for that and the authorised person will help you to have the sample taken.\n4—Oral advice on refusal or failure to comply with blood test direction in connection with alcohol testing: section 13 of Act\nIt is a criminal offence to refuse or fail to provide a sample of blood in connection with alcohol testing without good cause and you could be fined as a consequence.\nIf you have some physical or medical condition that prevents you from providing a sample of blood, you may ask for a sample of your breath to be taken instead.\nIf you want a sample of your breath to be taken because of your condition, you should ask for that and the authorised person will help you to have the sample taken.\nPart 3—Prescribed oral advice for purposes of section 20(5)(a) of Act\nThe breathalyser reading just taken shows that you had a prohibited level of alcohol in your blood.\nTherefore it appears that you have committed an offence against section 128(1) of the Rail Safety National Law, which is set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012.\nIn any court proceedings for that offence, it will be presumed that the breathalyser accurately indicated your blood alcohol level at the time of the reading and for the preceding 3 hours. However, the Rail Safety National Law (South Australia) Act 2012 allows for contrary evidence based on the results of a blood test.\nIf you want to have such a blood test you will have to make your own arrangements and follow certain procedures, using a special blood test kit. This blood test kit will be supplied to you on your signing a written request.\nIf you obtain a blood test kit and want to have your blood tested, you should take the kit promptly to a hospital, medical practitioner or registered nurse in order to have a sample of your blood taken.\nYou must not consume any more alcohol before having the sample of your blood taken and must not open the blood test kit before delivering it to a medical practitioner or registered nurse.\nUnder the blood test procedure, the sample of blood is divided and sealed in 2 containers. You will have to sign a form that will be given to you by the medical practitioner or registered nurse.\nOne of the sealed containers will be given to you and you may make your own arrangements to have the blood in that container analysed.\nIn any event, the blood in the other container will be analysed by Forensic Science SA and you will be given written notice of the results of the analysis.\nFurther information as to these matters is contained in the written notice which will be delivered to you shortly.\nPart 4—Prescribed written notice for purposes of section 20(5)(a) of Act\nOperation of Rail Safety National Law (South Australia) Act 2012 in relation to results of breath analysis\n1—Offence\nA rail safety worker commits an offence against section 128(1) of the Rail Safety National Law (see the Schedule to the Rail Safety National Law (South Australia) Act 2012) if the worker carries out, or attempts to carry out, rail safety work while—\n\t(a)\tthere is present in his or her blood the prescribed concentration of alcohol (as defined in section 128(5) of the Rail Safety National Law (see the Schedule to the Rail Safety National Law (South Australia) Act 2012); or\n\t(b)\tso much under the influence of alcohol as to be incapable of effectively discharging a function or duty of a rail safety worker.\n2—Breath analysis\nYour breath has just been analysed by the means of a breath analysing instrument which indicated that the prescribed concentration of alcohol was present in your blood. Accordingly, it appears that you have committed the offence described above.\n3—Legal effect of breath analysis result\nIn proceedings for the offence described above, the result of the breath analysis will be presumed to accurately record the concentration of alcohol in your blood at the time of the analysis and throughout the preceding 3 hours (section 20(1) of the Rail Safety National Law (South Australia) Act 2012).\nIn any proceedings against you for such an offence, you will be able to challenge the accuracy of the breath analysis reading—\n\t(a)\tif you have a sample of your blood taken and analysed as described below; and\n\t(b)\tif the result of analysis of the blood sample shows that the breath analysing instrument gave an exaggerated reading of the concentration of alcohol present in your blood (section 20(2) of the Rail Safety National Law (South Australia) Act 2012).\n4—Procedures for optional blood test\n\t(1)\tYou may have a sample of your blood taken and analysed if you wish.\n\t(2)\tFor that purpose, you must request the breath analysis operator to supply you with an approved blood test kit (you must sign a written request form for the kit and should retain a copy of the signed request form).\n\t(3)\tYou should then proceed promptly to a hospital, medical practitioner or registered nurse of your choice and request that a sample of your blood be taken (using the blood test kit).\n\t(4)\tDo not consume any further alcohol before the sample is taken.\n\t(5)\tDo not open the blood test kit.\n\t(6)\tThe medical practitioner or registered nurse taking the sample of your blood will divide it and place it into 2 containers and seal the containers. 1 container will be delivered to you—do not break the seal on this container.\n\t(7)\tSign the form presented to you by the medical practitioner or registered nurse—the original of the form will be given to you which you should retain.\n\t(8)\tYou may, if you wish, have the blood sample (in the container delivered to you) analysed at a laboratory to determine the concentration of alcohol present in the blood.\n\t(9)\tThe other blood sample container will, in any event, be sent to Forensic Science SA where the blood will be analysed. The results of this analysis will be sent to you at your address (as indicated on the form presented to you by the medical practitioner or registered nurse who took the blood sample).\nSchedule 2—Transitional provisions\n2—Transitional provisions\n\t(1)\tDespite regulation 9(2), a written notice required to be delivered for the purposes of section 20(5)(a) of the Act may, during the period of 6 months after the commencement of this subclause, be given in the form prescribed for the purposes of Schedule 2 clause 15(5)(a) of the repealed Act by the revoked regulations as in force immediately before their revocation (rather than in the form as set out in Schedule 1 Part 4 of these regulations).\n\t(2)\tA reference to the repealed Act, the revoked regulations, or a particular provision of the repealed Act or the revoked regulations in the notice prescribed by the revoked regulations referred to in subclause (1), is to be read as a reference to the Act, these regulations or the corresponding provision of the Act, the Rail Safety National Law or these regulations, as the case requires.\nNotes—\n(1)\tA reference to Schedule 2 clause 15(5)(a) of the Rail Safety Act 2007 is to be read as a reference to section 20(5)(a) of the Rail Safety National Law (South Australia) Act 2012.\n(2)\tA reference to section 71(4) of the Rail Safety Act 2007 is to be read as a reference to section 128(1) of the Rail Safety National Law.\n(3)\tA reference to regulation 4 of the Rail Safety (Alcohol and Drug Testing) Regulations 2008 is to be read as a reference to section 128(5) of the Rail Safety National Law.\n(4)\tA reference to clause 15(1) of Schedule 2 of the Rail Safety Act 2007 is to be read as a reference to section 20(1) of the Rail Safety National Law (South Australia) Act 2012.\n(5)\tA reference to clause 15(2) of Schedule 2 of the Rail Safety Act 2007 is to be read as a reference to section 20(2) of the Rail Safety National Law (South Australia) Act 2012.\n\t(3)\tDespite regulation 10(1)(b), a request form required to be completed for the purposes of section 20(5)(b) of the Act may, during the period of 6 months after the commencement of this subclause, be given in the form approved for the purposes of regulation 17(1)(b) of the revoked regulations as in force immediately before their revocation.\n\t(4)\tA reference to the repealed Act or the revoked regulations or a particular provision of the repealed Act or the revoked regulations in the request form referred to in subclause (3) is to be read as a reference to the Act, these regulations or the corresponding provision of the Act or these regulations.\nNotes—\n(1)\tA reference to clause 15(5)(b) of Schedule 2 of the Rail Safety Act 2007 is to be read as a reference to section 20(5)(b) of the Rail Safety National Law (South Australia) Act 2012.\n(2)\tA reference to regulation 17 of the Rail Safety (Alcohol and Drug Testing) Regulations 2008 is to be read as a reference to regulation 10 of these regulations.\n\t(5)\tIf a statement in writing is required to be delivered for the purposes of section 20(4) of the Act, for the period of 6 months after the commencement of this subclause, it will be sufficient for those purposes if the statement is delivered in the form used for the purposes of Schedule 2 clause 15(4) of the repealed Act, as in force immediately before its repeal (and a reference to a provision of the repealed Act in such a notice is to be read as a reference to the corresponding provision of the Act).\n\t(6)\tIn this clause—\nrepealed Act means the Rail Safety Act 2007;\nrevoked regulations means the Rail Safety (Alcohol and Drug Testing) Regulations 2008.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation revoked by principal regulations\nThe Rail Safety National Law (South Australia) (Drug and Alcohol Testing) Regulations 2012 revoked the following:\nRail Safety (General) Regulations 2008\nRail Safety (Alcohol and Drug Testing) Regulations 2008\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2012\n256\nGazette 13.12.2012 p5590\n20.1.2013: r 2\n2014\n208\nGazette 31.7.2014 p3815\n1.9.2014: r 2\n2014\n242\nGazette 18.9.2014 p5260\n18.9.2014: r 2\n2018\n50\nGazette 19.4.2018 p1413\n24.4.2018: r 2\n2022\n101\nGazette 24.11.2022 p6692\n12.12.2022: r 2\n2025\n122\nGazette 20.11.2025 p4507\n20.11.2025: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.9.2014\nr 3A\ninserted by 50/2018 r 4\n24.4.2018\nr 3A(2)\nsubstituted by 122/2025 r 3\n20.11.2025\nr 4\n\n\nr 4(1)\nvaried by 242/2014 r 4\n18.9.2014\nr 8\n\n\nr 8(1)\nvaried by 208/2014 r 4\n1.9.2014\n\nvaried by 242/2014 r 5(1)\n18.9.2014\n\namended by 101/2022 r 3\n12.12.2022\nr 8(3)\ninserted by 242/2014 r 5(2)\n18.9.2014\nSch 1\n\n\nPt 1\n\n\ncl 1\namended by 101/2022 r 4(1)\n12.12.2022\nPt 3\namended by 101/2022 r 4(2)—(6)\n12.12.2022\nPt 4\n\n\ncl 3\namended by 101/2022 r 4(7)\n12.12.2022\ncl 4\n\n\ncl 4(3)\namended by 101/2022 r 4(8)\n12.12.2022\ncl 4(6)\namended by 101/2022 r 4(9)\n12.12.2022\ncl 4(7)\namended by 101/2022 r 4(9)\n12.12.2022\ncl 4(9)\namended by 101/2022 r 4(9), (10)\n12.12.2022\nSch 2\n\n\ncl 1\nomitted under Legislation Revision and Publication Act 2002\n1.9.2014\nHistorical versions\n1.9.2014\n\n18.9.2014\n\n24.4.2018\n\n12.12.2022\n\n","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operationalising drug and alcohol testing procedures for rail safety workers under the Rail Safety National Law. While they incorporate detailed procedural rules and cross-reference other legislation (like road traffic laws for blood test procedures), this is consistent with the original intent to create a comprehensive testing regime. The 2025 amendment simply updated the list of approved drug testing devices, maintaining the same scope."},"complexity_factors":["Multiple cross-references to the parent Act (Rail Safety National Law (South Australia) Act 2012) and the underlying Rail Safety National Law","Detailed procedural requirements with nested conditions (regulation 4 has four separate exception scenarios for breath testing, each with sub-clauses)","Extensive chain-of-custody requirements for voluntary blood testing (regulation 8 has 17 sub-paragraphs (a)-(q) plus cross-references to Road Traffic Regulations forms)","Schedule 1 contains prescribed verbatim oral statements and written notices that must be read exactly — four different scripts for different refusal scenarios","Transitional provisions (Schedule 2) with complex reference translation rules mapping old Act provisions to new ones","Incorporation of external instruments by reference (Road Traffic (Miscellaneous) Regulations 2014 forms, specific drug testing device models)","Dual regulatory framework — operates under both SA legislation and the national Rail Safety National Law, requiring readers to understand the relationship between the two"],"plain_english_summary":"These regulations set out the practical rules for drug and alcohol testing of rail safety workers in South Australia, operating under the national rail safety framework.\n\n**What it does:**\n- **Approves specific testing equipment** — names the exact breathalysers (AlcoQuant 6020) and drug testing kits (like Clonal Technologies Oral Fluid Drug Test 7) that can be legally used.\n- **Sets out how breath tests must be done** — workers must give two breath samples, at least 2 minutes apart but no more than 10 minutes, with each sample being at least 1 litre of breath. If the machine shows an error, detects alcohol in the mouth, or the two readings differ by more than 15%, the worker must start again with fresh samples.\n- **Provides the exact words** that authorised testers must say to workers who refuse testing or fail to provide samples — these are scripted warnings about criminal offences and alternative testing options.\n- **Gives workers the right to a voluntary blood test** after a positive breath test — this is a 'check' on the breathalyser result. The regulations spell out the entire chain of custody: how to request a kit, how the blood is taken and split into two sealed containers, how one goes to Forensic Science SA and one stays with the worker, and how results are sent out.\n- **Sets time limits** — blood and oral fluid samples must be kept for 12 months if the worker wants to collect them, and forensic material must be destroyed once court proceedings finish (or if they never start).\n\n**Who it affects:**\n- **Rail safety workers** — anyone doing safety-critical work on railways (drivers, signallers, track workers, etc.).\n- **Authorised testers** — the people conducting the tests, who must follow these procedures exactly or risk the evidence being thrown out.\n- **Medical practitioners and nurses** — who take voluntary blood samples and must complete specific certificates.\n- **Police and forensic services** — who handle sample transport, storage, and destruction.\n\n**Why it matters:**\nRail safety is high-risk work where impairment can kill. These regulations ensure testing is done fairly and consistently across state borders (this is 'national law' applied in SA), protect workers' rights to challenge results through independent blood tests, and ensure evidence is handled properly for court. The scripted warnings ensure workers understand their legal position when asked to provide samples."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations, as published, replaced earlier Rail Safety (Alcohol and Drug Testing) Regulations and general rail safety regulations and have been amended since initial commencement. The legislative history records insertion of the approval-of-apparatus provision (r 3A) and subsequent substitution of r 3A(2), variations to the breath analysis and voluntary blood procedures (r 4 and r 8), and amendments to Schedule 1 Parts and clauses (noted in the legislative history). Transitional provisions (Schedule 2) also temporarily preserved older forms and references for limited periods. Those amendments update which devices are approved and modify procedural and notification text, so the operational scope and specified procedures have been altered from the original 2012 text (see legislative history entries and Schedule 2 transitional clauses)."},"complexity_factors":["Multiple cross-references to the Rail Safety National Law and other instruments (schedules and forms) requiring readers to reconcile primary Act and these regulations","Detailed step-by-step technical requirements for breath sampling (two samples, >=1 litre, 2–10 minute interval) and error-handling rules (r 4)","Extensive chain-of-custody and certification procedures for voluntary blood tests involving multiple private and public actors (r 8(1)(a)–(q))","Evidentiary presumptions and prescribed oral/written notices which create legal consequences and required communications (Schedule 1 Parts 3 and 4, r 9)","Administrative recordkeeping and retention obligations for forms and samples (r 6, r 10(1)(b),(2), r 11) that interact with prosecutorial timelines","Transitional provisions and a recorded amendment history that change approved devices and some procedural text over time (Schedule 2 and legislative history)"],"plain_english_summary":"What these regulations do, in plain terms\n\n- These regulations set the detailed rules that apply when rail safety workers in South Australia are tested for alcohol or drugs under the Rail Safety National Law (South Australia) Act 2012 (the Act). They do not create the criminal offences themselves but specify how testing must be done, what equipment is approved, how test results are recorded and notified, how voluntary blood tests must be handled, how samples are stored and destroyed, and what oral and written information workers must be given. Key operative parts are: approval of devices (r 3A), rules for breath analysis (r 4), required oral advice when a worker refuses testing or when a positive breath result is recorded (r 5 and Schedule 1), retention and destruction of samples (rr 6 and 11), procedures for voluntary blood tests including chain of custody and certificates (r 8), and the process for requesting an approved blood test kit (r 10).\n\nWho is affected and who decides\n\n- Affected persons: rail safety workers who are required by the Act to submit to preliminary breath tests, breath analyses, drug screening tests, oral fluid analyses or blood tests; authorised persons and breath analyser operators who administer tests; medical practitioners, registered nurses and Forensic Science SA involved in voluntary blood tests and analysis; the Commissioner of Police and the Regulator who have administrative roles under the regulations.\n\n- Who decides or acts under the regulations: authorised persons and instrument operators decide when to require tests and may require further samples in certain circumstances (r 4(2)); the medical practitioner or registered nurse chosen by the worker takes voluntary blood samples and must follow sealing and certification procedures (r 8(1)(a)–(j)); Forensic Science SA performs state-analysed samples and issues analyst certificates (r 8(1)(l)–(m)); the Regulator approves and retains certain forms and kits and may approve request and notification forms (r 10(1)(b)); the Commissioner of Police approves delivery couriers and ensures destruction of samples when required (r 8(3), r 11).\n\nHow the regulations work mechanically (selected mechanics and citations)\n\n- Approved devices: the regulations list approved breath analysers and oral fluid drug screening devices (r 3A). Only listed devices are approved for the purposes of the Act's testing provisions.\n\n- Breath analysis procedure: a worker who submits to breath analysis must supply two separate breath samples of at least 1 litre each, with an interval of not less than 2 minutes and not more than 10 minutes between samples (r 4(1)). If an instrument error, mouth alcohol or large variance between the two readings occurs, those samples are disregarded and the worker may be required to provide two further samples (r 4(2)). The operative breath result for the Act is the lower reading from the valid samples (r 4(3)).\n\n- Oral advice on refusals and positive results: authorised persons must give specified oral advice to a worker who refuses or fails to comply with testing directions (r 5; Schedule 1 Part 1 and Part 2). If a breath analysis records a positive reading, the operator must provide specified oral advice and a written notice explaining the presumptions and the option to obtain an independent blood test (r 9; Schedule 1 Part 3 and Part 4).\n\n- Voluntary blood test and chain of custody: the person may obtain a voluntary blood test using an approved blood test kit. The person chooses the medical practitioner or registered nurse to take the sample; the practitioner must split the sample approximately equally into two sealed containers, complete and sign a certificate (Schedule 1 Form 6 referenced in r 8(1)(f)–(i)); one sealed container and the original certificate are given to the person; the other sealed container and a copy of the certificate are delivered (via police or an approved delivery person) to Forensic Science SA for analysis (r 8(1)(j)–(m)). Forensic Science SA analyses the sample and issues an analyst's certificate which is sent to the person and copies retained for the Regulator and Commissioner of Police (r 8(1)(l)–(p)). The person may have the sample in their container analysed independently (r 8(1)(q)).\n\n- Retention and destruction of samples: containers holding blood or oral fluid must be available for collection by or on behalf of the person for 12 months from the day the sample was taken (r 6). The Commissioner of Police must ensure samples (and incidental forensic material) are destroyed if no proceedings are commenced within the allowed period, or if proceedings are finally determined or discontinued (r 11).\n\nOfficial purpose-claims and a practical check against costs, incentives and trade-offs\n\n- The regulations supply procedural detail that operationalises the Act's drug and alcohol testing powers (see: approvals, sampling rules, evidentiary notices, voluntary blood procedures).\n\n- Costs and who bears them: the State (via Forensic Science SA, police administration and the Regulator) bears the cost of receiving, analysing the state-retained blood sample and sending analyst certificates (r 8(1)(l)–(n), r 8(1)(o)–(p)). A worker who wants a private analysis of the container given to them must \"cause\" that analysis to occur (r 8(1)(q)) — i.e. the worker (or their representative) bears that expense and the logistical task. Medical practitioners or registered nurses tasked with taking samples must follow sealing and certification duties (r 8(1)(b)–(i)), which creates professional compliance obligations for those private health practitioners.\n\n- Incentives and behavioural effects: the rules create an evidentiary presumption that breath instrument readings reflect blood alcohol concentration at the time and for the previous 3 hours (Schedule 1 Part 3 and Part 4). That presumption gives an incentive for workers who wish to challenge a breath reading to request and promptly obtain a blood test kit and a blood sample (r 9; Schedule 1 Part 3 and Part 4). Operators and authorised persons are given specific duties and powers to require further samples when instruments error or readings are discrepant (r 4(2)); that gives them discretion in real-time testing situations.\n\n- Compliance burden and operational risk: the regulations impose recordkeeping and delivery duties (operators must complete and keep copies of request forms for 12 months (r 10(1)(b), (1)(e)–(1)(f)); Regulator retains copies (r 10(1)(2))). Chain-of-custody steps require coordination between the worker's chosen clinician, police or an approved delivery person, and Forensic Science SA (r 8(1)(i)–(j), (ja)–(jb)). Implementation risks include instrument error, mouth alcohol effects, timing constraints for breath sample intervals, any delays in delivering the sample to Forensic Science SA and the consequences if prosecutorial time limits elapse (r 4(2), r 11).\n\n- Effects on private enterprise and market interactions: the regulations impose procedural roles on private clinicians (who must split, seal and certify voluntary blood samples (r 8(1)(b)–(g))). Forensic Science SA is the default state analyser (r 8(1)(l)–(m)), concentrating formal state analysis there but allowing the worker to obtain private analysis of their retained container (r 8(1)(q)). The Regulator’s role in approving forms and retaining copies (r 10(1)(b), r 10(1)(2)) creates administrative obligations on operators and might marginally increase compliance costs for rail operators who must ensure authorised persons and operators follow these procedures.\n\nTrade-offs and opportunity costs explicitly created by the regulations\n\n- The regulations trade speed and administrative clarity against some administrative burden: they standardise sample volumes, intervals and sealing to increase forensic reliability (r 4(1)(b)–(c), r 8(1)(b)–(d)), but those requirements impose time and coordination costs on workers, clinicians and authorised persons.\n\n- The evidentiary presumption (breath reading presumed accurate for prior 3 hours) simplifies prosecution but imposes on workers the burden of promptly arranging a blood test to produce contrary evidence (Schedule 1 Part 3 and Part 4; r 8). The worker bears the cost and organisational task of arranging any independent analysis of the retained container (r 8(1)(q)).\n\nNotable administrative discretions and compliance checkpoints (with citations)\n\n- Regulator approves forms and retains copies of request forms for 12 months (r 10(1)(b), (2)).\n- Authorised persons and breath analyser operators may require further samples where instruments error, mouth alcohol is detected, or sample readings differ by >15% (r 4(2)).\n- Commissioner of Police approves delivery couriers as \"approved delivery persons\" and must ensure destruction of samples under the specified conditions (r 8(3), r 11).\n\nTransitional and amendment context that affects how the regulations operate\n\n- The regulations include transitional provisions that, for limited periods, allow older forms and references (from the repealed Rail Safety Act 2007 and earlier revoked regulations) to be used (Schedule 2 clauses 2(1)–(5)). The legislative history also records later amendments that updated approved apparatus (r 3A), varied sampling rules and updated Schedule 1 content (legislative history notes specifying which clauses were varied and when).\n\nBottom line (mechanical effect):\n\n- The regulations take the broad testing powers in the Act and make them operational by listing approved testing devices, prescribing exact breath-sample requirements and error rules, setting out the form and delivery of oral and written notices, specifying the detailed procedure and chain-of-custody for voluntary blood tests (including who signs and who receives which sealed container), fixing the period for which samples must be available (12 months), and requiring destruction of samples when proceedings do not proceed or are finally disposed of. They allocate duties among authorised persons, clinicians, police, Forensic Science SA and the Regulator and create an evidentiary structure that makes breath readings presumptive evidence unless challenged by blood analysis (see r 3A, r 4, r 5, r 6, r 8, r 9, r 10, r 11, Schedule 1, Schedule 2)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. The title suggests the instrument remains focused on its original purpose of drug and alcohol testing within the rail safety national law framework, but no content analysis was possible."},"complexity_factors":["No actual legislative text was retrievable — only a website 404 error page was provided","Cannot assess true complexity without access to the instrument's provisions","Score of 2 reflects minimal analysable content, not the likely complexity of the underlying law","Rail safety regulations operating under a national law framework are typically moderately complex due to interplay between state and national instruments"],"plain_english_summary":"## Rail Safety Drug & Alcohol Testing Regulations (SA) 2012\n\n**What this is:** This entry is for South Australian regulations that set out rules for drug and alcohol testing of rail safety workers — but the actual legislative text could not be retrieved because the source webpage returned a 'Page Not Found' error.\n\n**What the regulations likely cover (based on title):**\n- Mandatory drug and alcohol testing for people working in rail safety roles (such as train drivers, signallers, and maintenance workers)\n- Procedures for how testing must be conducted\n- Consequences for workers who test positive or refuse to be tested\n- Who has authority to carry out testing\n\n**Who it affects:**\n- Rail operators and companies running train services in South Australia\n- Rail safety workers (anyone whose work could affect the safe operation of trains)\n- Potentially passengers and the general public, who benefit from safer rail operations\n\n**Why it matters:** Drug and alcohol impairment in rail operations can cause catastrophic accidents. These regulations form part of a national framework (the Rail Safety National Law) aimed at keeping Australia's rail network safe.\n\n> ⚠️ **Important limitation:** The actual text of this legislation was not available for analysis — only a website error page was retrieved. The above is based solely on the title of the instrument. **Do not rely on this summary for legal advice or compliance purposes.** Visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly or contact a legal professional."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/rail-safety-national-law-south-australia-drug-and-alcohol-testing-regulations-2012","history":"/api/acts/rail-safety-national-law-south-australia-drug-and-alcohol-testing-regulations-2012/history","analysis":"/api/acts/rail-safety-national-law-south-australia-drug-and-alcohol-testing-regulations-2012/analysis","conflicts":"/api/acts/rail-safety-national-law-south-australia-drug-and-alcohol-testing-regulations-2012/conflicts","importantCases":"/api/acts/rail-safety-national-law-south-australia-drug-and-alcohol-testing-regulations-2012/important-cases","documents":"/api/acts/rail-safety-national-law-south-australia-drug-and-alcohol-testing-regulations-2012/documents"}}