{"id":"rail-safety-national-uniform-legislation-regulations-2013","name":"RAIL SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2013","slug":"rail-safety-national-uniform-legislation-regulations-2013","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177137,"registerId":"nt-rail-safety-national-uniform-legislation-regulations-2013-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"RAIL SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2013","content":"NORTHERN TERRITORY OF AUSTRALIA\nRAIL SAFETY (NATIONAL UNIFORM LEGISLATION)\nREGULATIONS 2013\nAs in force at 4 May 2022\nTable of provisions\n1 Citation ............................................................................................ 1\n2 Definition.......................................................................................... 1\n3 Breath analysis instrument .............................................................. 1\n4 BAC value corresponding to BrAC value of breath analysis\ninstrument result .............................................................................. 2\n5 Breath analysis procedures ............................................................. 2\n6 Taking sample of blood ................................................................... 2\n7 Procedures relating to blood analysis – health practitioners ............ 3\n9 Procedures relating to blood analysis – analysts ............................. 4\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 4 May 2022\n____________________\nRAIL SAFETY (NATIONAL UNIFORM LEGISLATION)\nREGULATIONS 2013\nRegulations under the Rail Safety (National Uniform Legislation)\nAct 2012\n1 Citation\nThese Regulations may be cited as the Rail Safety (National\nUniform Legislation) Regulations 2013.\n2 Definition\nIn these Regulations:\nworker means a rail safety worker.\n3 Breath analysis instrument\n(1) A device for carrying out breath analysis that is of a type known as\na Dräger Alcotest 7110 is prescribed for the definition of breath\nanalysis instrument in section 10(1) of the Act.\n(2) In this regulation:\nDräger Alcotest 7110 includes any device with the trade name\n\"Dräger Alcotest\", \"Drager Alcotest\" or \"Draeger Alcotest\" and\nassociated with the number \"7110\".\n\nRail Safety (National Uniform Legislation) Regulations 2013 2\n4 BAC value corresponding to BrAC value of breath analysis\ninstrument result\nFor section 10(4) of the Act, the numerical value of a breath\nanalysis instrument result expressed as BrAC in grams of alcohol\nper 210 L of exhaled breath corresponds to the same numerical\nvalue of a result expressed as BAC in grams per 100 ml of blood,\nas shown by the examples in the following table:\nTable\nColumn 1\nGrams per 210 L of exhaled\nbreath (BrAC)\nColumn 2\nGrams per 100 ml of blood\n(BAC)\n0.05 0.05\n0.08 0.08\n0.15 0.15\nNote for table\nThe results indicated in Column 1 are identical to the results indicated opposite in\nColumn 2. The only difference is the unit of measurement by which the result is\nexpressed.\n5 Breath analysis procedures\n(1) Before an authorised person uses a breath analysis instrument for\nPart 4, Division 2 of the Act, the authorised person must prepare\nthe instrument for the analysis by ensuring that:\n(a) the instrument is turned on; and\n(b) the words \"READY TO START\" appear on the display panel of\nthe instrument.\n(2) An authorised person using a breath analysis instrument must\nprovide an unused mouthpiece for use by the worker in providing\neach sample of breath in the breath analysis.\n(3) The authorised person must not carry out a breath analysis in\nrelation to a worker if the authorised person suspects, on\nreasonable grounds, that the worker has consumed alcohol within\nthe period of 15 minutes immediately before the proposed time for\ncarrying out the breath analysis.\n6 Taking sample of blood\n(1) If, under Part 4 of the Act, an authorised person requires a worker\nto provide a sample of his or her blood, or a worker requests a\n\nRail Safety (National Uniform Legislation) Regulations 2013 3\nsample of his or her blood be taken, the authorised person must\nmake arrangements for the worker to be taken to a hospital or\nhealth centre for a health practitioner to take a sample of the\nworker's blood.\n(6) The authorised person must be present when the health practitioner\ntakes the sample from the worker.\n(7) In this regulation:\nhealth centre means a health centre within the meaning of the\nMedical Services Act 1982.\nhospital means a hospital declared under section 6(2) of the\nMedical Services Act 1982.\n7 Procedures relating to blood analysis – health practitioners\n(1) A health practitioner who, under Part 4 of the Act, takes a sample of\nblood from a worker must do the following:\n(a) divide the sample into 3 approximately equal portions;\n(b) place each portion into a separate container;\n(c) seal each of the containers;\n(d) mark each of the containers with the sample's identification\nnumber.\n(2) On complying with subregulation (1), the health practitioner must\nsign a certificate specifying the following:\n(a) the identification number marked on the containers;\n(b) the name and address of the worker from whom the sample\nwas taken (to the extent known);\n(c) the name of the health practitioner, and whether he or she is a\nmedical practitioner, a registered nurse or a qualified person;\n(d) the date and time when, and place where, the sample was\ntaken.\n(3) The health practitioner must then:\n(a) make 2 of the containers and the signed certificate available to\nthe authorised person mentioned in regulation 6 or another\nauthorised person; and\n\nRail Safety (National Uniform Legislation) Regulations 2013 4\n(b) for the other container:\n(i) if the worker requests – give it to the worker; or\n(ii) otherwise – retain it on the worker's behalf.\n9 Procedures relating to blood analysis – analysts\n(1) On the completion of an analysis under Part 4 of the Act, the\nperson who performed or supervised the analysis must sign a\ncertificate specifying the following information:\n(a) the identification number marked on the container of the\nsample;\n(b) the name of the person, whether he or she is an analyst or a\nperson employed by an analyst and whether he or she\nperformed the analysis or supervised the person who\nperformed the analysis;\n(c) the date the sample was received in the laboratory where the\nanalysis was performed;\n(d) if the presence of alcohol is detected in the sample – the\nconcentration of alcohol;\n(e) if the presence of a drug is detected in the sample – the type\nof drug;\n(f) any factors relating to the sample or analysis that might, in the\nopinion of the person signing the certificate, adversely affect\nthe accuracy or validity of the analysis;\n(g) any other information relating to the sample or analysis the\nperson considers appropriate.\n(2) The signed certificate must be given to, or retained on behalf of, the\nRegulator.\n(3) A copy of the signed certificate must be made available to the\nhealth practitioner who took the sample and the worker.\n(4) The Regulator may provide a copy of the signed certificate to a rail\ntransport operator who employs a worker if the certificate indicates\nthe prescribed BAC or a prohibited drug was present in the worker's\nsample of blood.\n\nENDNOTES\nRail Safety (National Uniform Legislation) Regulations 2013 5\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nRail Safety (National Uniform Legislation) Regulations (SL No. 1, 2013)\nNotified 11 February 2013\nCommenced 11 February 2013\nRail Safety (National Uniform Legislation) Regulations (SL No. 1, 2015)\nNotified 18 March 2015\nCommenced 18 March 2015\nMedical Services Amendment Act 2019 (Act No. 17, 2019)\nAssent date 30 May 2019\nCommenced 31 May 2019 (s 2)\nTransport Legislation Amendment Act 2022 (Act No. 1, 2022)\nAssent date 1 March 2022\nCommenced 4 May 2022 (Gaz S20, 29 April 2022)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: rr 1 and 6.\n4 LIST OF AMENDMENTS\nr 6 amd No.1, 2015, r 3; Act No. 17, 2019, s 14\nr 7 amd No. 1, 2015, r 4\nr 8 rep Act No. 1, 2022, s 51","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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulations have been amended since first made (see Endnotes): r6 and r7 were amended (No. 1, 2015; Act No. 17, 2019) and r8 was repealed (Act No. 1, 2022). Those amendments adjust procedural and definitional elements — notably blood-sampling arrangements and links to the Medical Services Act — refining how tests are conducted and documented rather than broadening the categories of persons or kinds of tests covered."},"complexity_factors":["Prescribes a specific breath analysis device by trade name and model (reg 3) — technical specificity limits acceptable equipment.","Equates BrAC and BAC numerical values for evidential use (reg 4) — a measurement-conversion rule with legal effect.","Stepwise procedural requirements for breath testing (reg 5) — equipment readiness, single-use mouthpieces, and a 15-minute pre-test consumption rule.","Detailed chain-of-custody and sample-handling for blood (regs 6 and 7) — tripartite sample division, sealing, labelling and certified transfer.","Lab analysis certification and information sharing duties (reg 9) — required content of certificates, retention by the Regulator, and conditional disclosure to employers.","Multiple actors and cross-references (authorised persons, health practitioners, analysts, Regulator; Medical Services Act references) increase coordination needs.","Limited regulatory discretion visible in mandatory procedural steps but some sharing/retention decisions left to the Regulator or worker requests."],"plain_english_summary":"These regulations set technical and procedural rules for alcohol and drug testing of rail safety workers: they prescribe a named breath-testing device, treat breath- and blood-alcohol numerical readings as equivalent, and require specified steps for preparing instruments, taking breath and blood samples, sealing samples and certifying analyses. They affect rail safety workers, authorised officers, health practitioners, laboratory analysts, the Regulator and rail operators by standardising how tests are performed, recorded and shared to support enforcement under the Rail Safety Act."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"While the core intent — establishing nationally consistent rail safety standards — remains intact, the scope has likely expanded over time through amendments since the original 2013 enactment. The current commencement date of 4 May 2022 (for a reprint of 2013 regulations) suggests significant updates have been incorporated, potentially broadening coverage to address new rail technologies, updated safety standards, or lessons learned from incidents. The regulations may also have evolved to better align with the model Work Health and Safety framework that developed alongside them."},"complexity_factors":["Operates as part of a multi-jurisdictional national uniform legislative scheme, requiring cross-referencing with the parent Act and equivalent laws in other states and territories","Covers highly technical subject matter including engineering standards, safety management systems, and risk assessment frameworks","Involves multiple regulated parties (accredited operators, interface parties, infrastructure managers) with different obligations","Drug and alcohol testing provisions involve detailed procedural and evidentiary requirements","Interacts with numerous other regulatory frameworks including workplace health and safety, transport, and environmental laws","Has been subject to multiple amendments since 2013, creating a complex layered document requiring careful version tracking","Reporting and notification obligations involve strict timeframes and categorisation of incident types","Licensing and accreditation requirements involve ongoing compliance obligations and conditions"],"plain_english_summary":"These regulations establish a nationally consistent framework for rail safety in Australia, requiring rail operators to implement robust safety-management systems, incident reporting, maintenance standards, worker drug/alcohol controls, operator accreditation and emergency procedures to protect workers and the public. \n\nThey affect train operators, infrastructure managers, rail workers, passengers and regulators; the current version took effect 4 May 2022."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose of prescribing procedural details for drug and alcohol testing of rail safety workers. The amendments shown in the endnotes (2015, 2019, 2022) are minor technical updates — updating definitions of health facilities and removing spent provisions — rather than expansion into new policy areas. The instrument has not grown beyond its initial narrow remit of operationalising the testing framework established in the parent Act."},"complexity_factors":["Only 9 regulations total (with regulation 8 repealed, leaving 8 operative provisions)","Minimal defined terms — only 4 explicit definitions across the instrument (worker, Dräger Alcotest 7110, health centre, hospital)","No nested exceptions or conditional logic beyond simple procedural steps","Linear structure: each regulation addresses one discrete procedural step without cross-referencing maze","Single-purpose instrument: exclusively concerned with testing procedures and sample handling","No complex mathematical formulas — only a direct 1:1 conversion table for alcohol readings","Straightforward administrative requirements (sign certificates, seal containers, make available)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical rules for testing rail safety workers in the Northern Territory for alcohol and drugs. They work alongside the main Rail Safety Act to ensure workers operating trains or working on rail networks aren't impaired.\n\n**Key rules covered:**\n\n*   **Breath testing equipment:** Only specific breathalysers can be used — specifically the Dräger Alcotest 7110 (or variants of that model). The regulations spell out exactly how to prepare the device (turn it on, wait for \"READY TO START\"), use fresh mouthpieces, and avoid testing someone who has drunk alcohol in the last 15 minutes.\n\n*   **Blood testing procedures:** If a breath test isn't possible or appropriate, authorised testers can require a blood sample. The worker must be taken to a hospital or health centre, and the sample must be taken by a qualified health practitioner (doctor, nurse, or other qualified person) while the authorised person watches.\n\n*   **Handling blood samples:** The health practitioner must split the blood into three sealed containers, label them with an ID number, and sign a certificate with details of the test. Two containers go to the authorised person; the third goes to the worker if they want it, or is kept for them.\n\n*   **Lab analysis:** Whoever analyses the blood must sign a certificate stating what they found (alcohol level or drug type), when they received the sample, and any factors that might affect accuracy. This goes to the safety regulator, with copies to the worker and the health practitioner. The regulator can also tell the worker's employer if drugs or excessive alcohol were found.\n\n*   **Conversion table:** The regulations include a simple table showing that breath alcohol readings (BrAC) convert directly to blood alcohol readings (BAC) using the same numbers — so 0.05 in breath equals 0.05 in blood.\n\n**Who it affects:**\n\nRail safety workers (anyone with safety-critical jobs on railways), authorised testing officers, health practitioners who take blood samples, laboratory analysts, rail operators, and the national rail safety regulator.\n\n**Why it matters:**\n\nThese rules ensure drug and alcohol testing is done fairly, consistently, and with proper evidence handling — protecting both worker rights and public safety on rail networks. The strict procedures prevent contaminated or mishandled samples from being used against workers or letting impaired workers slip through."}},"importantCases":[],"_links":{"self":"/api/acts/rail-safety-national-uniform-legislation-regulations-2013","history":"/api/acts/rail-safety-national-uniform-legislation-regulations-2013/history","analysis":"/api/acts/rail-safety-national-uniform-legislation-regulations-2013/analysis","conflicts":"/api/acts/rail-safety-national-uniform-legislation-regulations-2013/conflicts","importantCases":"/api/acts/rail-safety-national-uniform-legislation-regulations-2013/important-cases","documents":"/api/acts/rail-safety-national-uniform-legislation-regulations-2013/documents"}}