113Additional circumstances when samples may be required

#### 113 Additional circumstances when samples may be required 113 Additional circumstances when samples may be required > > (1) A test supervisor may require a transport safety employee to provide a sample of the employee’s blood or urine if— > > > > > (a) the test supervisor is entitled under this Regulation to require the employee to submit to a breath analysis, and > > > > > (b) a breath analysing instrument is not readily available. > > > (2) A test supervisor may require a transport safety employee to provide a sample of the employee’s blood or urine if— > > > > > (a) the test supervisor has a reasonable belief that, by the way in which the employee acts, the employee may be under the influence of a drug, and > > > > > (b) the employee has undergone a breath test in accordance with this Regulation, and > > > > > (c) the result of the test does not permit the employee to be required to submit to a breath analysis, and > > > > > (d) the test supervisor has required the employee to submit to a sobriety assessment and— > > > > > > > (i) the employee refuses to submit to the assessment, or > > > > > > > (ii) after the assessment is made, the test supervisor has a reasonable belief that the employee is under the influence of a drug. > > > > Note— > > > > Under clause 108, a transport safety employee may be required at any time to provide urine samples. > > > (3) A requirement that a transport safety employee provide a sample is not open to challenge in proceedings on the basis that a breath analysing instrument was readily available. > > **cl 113:** Rep 2017 (595), Sch 1 \[41\]. Ins 2021 (483), Sch 1\[2\].