27Evidence of presence of drugs in proceedings for offence of being under influence of alcohol or drug

27 Evidence of presence of drugs in proceedings for offence of being under influence of alcohol or drug

27 Evidence of presence of drugs in proceedings for offence of being under influence of alcohol or drug

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

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

(3) The drug the presence of which is determined or the particular concentration of the drug the presence of which is determined (as the case may be) by analysis of the person’s blood, oral fluid or urine is taken to have been present in the blood, oral fluid or urine of that person 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 drug, or the presence of the drug in a different concentration, at the time the person carried out the rail safety work.

(4) In this clause, drug includes alcohol.