26Evidence of presence of drugs in proceedings for offence of having drug in blood or oral fluid

26 Evidence of presence of drugs in proceedings for offence of having drug in blood or oral fluid

26 Evidence of presence of drugs in proceedings for offence of having drug in blood or oral fluid

(1) This clause applies to any proceedings for an offence against section 128(1)(b) of the Rail Safety National Law (NSW).

(2) Evidence may be given in proceedings to which this clause applies of the presence of a prescribed drug in the blood or oral fluid of the person charged, as determined by an analysis of the person’s blood or oral fluid under this Part.

(3) The prescribed drug the presence of which is determined by analysis of the person’s blood or oral fluid is taken to be present at the time the person carried out the rail safety work to which the sample relates if the sample was taken within 3 hours after that time, unless the defendant proves the absence of the prescribed drug at the time the person carried out the rail safety work.