11Breath analysis of rail safety workers following breath testing

11 Breath analysis of rail safety workers following breath testing

11 Breath analysis of rail safety workers following breath testing

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

(a) it appears to the authorised person, as a result of a preliminary breath test or sobriety assessment under this Regulation, that the prescribed concentration of alcohol may be present in a rail safety worker’s breath or blood, or

(b) a rail safety worker who is required by an authorised person to undergo a preliminary breath test, or to submit to a sobriety assessment under this Regulation, refuses or fails to do so in accordance with the directions of the authorised person.

(2) If a police officer is entitled to require a rail safety worker to submit to a breath analysis, the officer may—

(a) arrest the worker without a warrant, and

(b) take the worker with such force as may be necessary to a police station or such other place as the officer considers desirable and there detain the worker for the purposes of the breath analysis.

(3) If an authorised person (other than a police officer) is entitled to require a rail safety worker to submit to a breath analysis, the authorised person may direct the worker to attend the nearest police station, or such other place as the authorised person may require, and there submit to a breath analysis.

(4) A breath analysis must be carried out by—

(a) an authorised person (other than a police officer), or

(b) a police officer authorised by the Commissioner of Police to carry out a breath analysis,

at or near a police station or such other place as the authorised person or police officer considers desirable.

(5) As soon as practicable after a rail safety worker has submitted to a breath analysis the authorised person or police officer operating the breath analysing instrument must deliver to the worker a statement in writing signed by the authorised person or police officer specifying—

(a) the concentration of alcohol determined by the analysis to be present in the worker’s breath or blood and expressed in grams of alcohol in 210 litres of breath or 100 millilitres of blood, and