4No duplicity where more than one drug alleged

4 No duplicity where more than one drug alleged

4 No duplicity where more than one drug alleged

(1) If a person is charged with an offence under section 128(1)(b) of the Rail Safety National Law (NSW)—

(a) the document commencing proceedings may allege that more than one drug was present in the blood or oral fluid of the person and the proceedings are not liable to be dismissed on the ground of uncertainty or duplicity if each of those drugs is described in the document, and

(b) the offence is proved if the court is satisfied beyond reasonable doubt that there was present in the blood or oral fluid of the defendant—

(i) a prescribed drug described in the document commencing proceedings, or

(ii) a combination of prescribed drugs any one or more of which was or were described in the document.

(2) If a person is charged with an offence under section 128(1)(c) of the Rail Safety National Law (NSW)—

(a) the document commencing proceedings may allege that the person was under the influence of more than one drug and the proceedings are not liable to be dismissed on the ground of uncertainty or duplicity if each of those drugs is described in the document, and

(b) the offence is proved if the court is satisfied beyond reasonable doubt that the defendant was so much under the influence of—

(i) a drug described in the document commencing proceedings, or

(ii) a combination of drugs any one or more of which was or were described in the document,

as to be incapable of effectively discharging a function or duty of a rail safety worker.

(3) In subclause (2), drug includes alcohol.