121Employee under influence of alcohol or other drug

#### 121 Employee under influence of alcohol or other drug 121 Employee under influence of alcohol or other drug > > (1) A transport safety employee who carries out transport safety work while under the influence of alcohol or another drug is guilty of an offence. > > > > Maximum penalty—10 penalty units or imprisonment for 6 months, or both. > > > (2) If a person is charged with an offence under this clause— > > > > > (a) the document commencing proceedings may allege the person was under the influence of more than one drug and is not liable to be dismissed on the ground of uncertainty or duplicity if each of the drugs is described in the document, and > > > > > (b) the offence is proved if the court is satisfied beyond reasonable doubt that the person was under the influence of— > > > > > > > (i) a drug described in the document commencing proceedings, or > > > > > > > (ii) a combination of drugs, one or more of which was or were described in the document. > > **cl 121:** Rep 2017 (595), Sch 1 \[41\]. Ins 2021 (483), Sch 1\[2\].