10Sobriety assessment if breath testing device not available

10 Sobriety assessment if breath testing device not available

10 Sobriety assessment if breath testing device not available

(1) An authorised person may require a rail safety worker to submit to a sobriety assessment in accordance with the directions of the authorised person if—

(a) the authorised person is entitled under the Rail Safety National Law (NSW) and this Regulation to require the worker to undergo a breath test, and

(b) the device required to carry out the breath test is not readily available.

(2) A requirement that a rail safety worker submit to a sobriety assessment is not open to challenge in any proceedings merely on the basis that the device was readily available.