Rail Safety (Adoption of National Law) Regulation 2018
21Additional offences relating to testing
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21 Additional offences relating to testing
21 Additional offences relating to testing
(1) Any rail safety worker who, when required under this Regulation to do so, refuses or fails to submit to a sobriety assessment in accordance with this Regulation is guilty of an offence.
Maximum penalty—10 penalty units.
(2) A rail safety worker who, when required under the Rail Safety National Law (NSW) or this Regulation to provide a sample of blood, oral fluid or urine, fails to provide a sample of his or her own blood, oral fluid or urine, is guilty of an offence.
Maximum penalty—10 penalty units.
(3) It is a defence to a prosecution for an offence under subclause (1) if the defendant satisfies the court that the defendant was unable on medical grounds to comply with the requirement concerned.