23Taking of samples

23 Taking of samples

23 Taking of samples

(1) An authorised sample taker who, when required under the Rail Safety National Law (NSW) or this Regulation to take a sample of blood from a rail safety worker—

(a) refuses or fails to take the sample, or

(b) does not comply with the requirements of clause 16 with respect to any sample taken,

is guilty of an offence.

Maximum penalty—10 penalty units.

(2) It is a defence to a prosecution for an offence under subclause (1) if the authorised sample taker satisfies the court that—

(a) the authorised sample taker believed on reasonable grounds that the taking of the sample from the rail safety worker would be prejudicial to the proper care and treatment of the worker, or

(b) the authorised sample taker was, because of the behaviour of the rail safety worker, unable to take the sample, or

(c) there was other reasonable cause for the authorised sample taker not to take the sample.

(3) Any person who, when taking a sample of blood, oral fluid or urine from a rail safety worker under the Rail Safety National Law (NSW) or this Regulation, does not comply with the requirements of clause 16, 17 or 18 with respect to any sample taken is guilty of an offence.

Maximum penalty—10 penalty units.

(4)–(6) (Repealed)

cl 23: Am 2020 (89), cl 3(1).