17Taking and dealing with oral fluid samples

17 Taking and dealing with oral fluid samples

17 Taking and dealing with oral fluid samples

(1) A police officer who is provided with a sample of a rail safety worker’s oral fluid under this Regulation or the Rail Safety National Law (NSW) must—

(a) place the sample into a container, and

(b) fasten and seal the container, and

(c) mark or label the container for future identification, and

(d) give to the person from whom the sample is taken a certificate relating to the sample that contains sufficient information to enable the sample to be identified as a sample of that person’s oral fluid, and

(e) immediately place the sample in a security box of a type approved by the Commissioner of Police and lock the box.

(2) An authorised person (other than a police officer) who is provided with a sample of a rail safety worker’s oral fluid under this Regulation or the Rail Safety National Law (NSW) must—

(a) collect the sample in accordance with AS/NZS 4760:2019, section 2, and

(b) give the person from whom the sample is taken a certificate relating to the sample that contains sufficient information to enable the sample to be identified as a sample of that person’s oral fluid.

(3) The police officer or other authorised person may carry out an oral fluid test on a portion of the sample before dealing with the remaining portion of the sample under subclause (1) or (2). In such a case, a reference in this clause and clause 29 to the sample that is submitted to an approved laboratory is taken to be a reference to the remaining portion of that sample.

(4) A sample of a rail safety worker’s oral fluid provided under this Regulation or the Rail Safety National Law (NSW)—

(a) in any case—must, as soon as practicable after being provided, be submitted to an approved laboratory for analysis by an analyst to determine the concentration of drugs in the oral fluid, and

(b) in the case of a sample provided to a police officer—must be kept in the security box until it is submitted to an approved laboratory, and