48DPresumptions in relation to presence of concentrations of alcohol and other drugs

48D Presumptions in relation to presence of concentrations of alcohol and other drugs

(1) For the purposes of Division 9 of Part 3 of the Rail Safety National Law (Victoria) and this Part, if it is established that at any time within 3 hours after an alleged offence against section 128(1)(a) or (c) of the Rail Safety National Law (Victoria) or section 48H(1)(a), a certain concentration of alcohol was present in the blood or breath of the rail safety worker charged with the offence it must be presumed, until the contrary is proved, that not less than that concentration of alcohol was present in the worker's blood or breath (as the case requires) at the time at which the offence is alleged to have been committed.

(2) For the purposes of Division 9 of Part 3 of the Rail Safety National Law (Victoria) and this Part, if it is established that at any time within 3 hours after an alleged offence against section 128(1)(b) of the Rail Safety National Law (Victoria), a certain drug was present in the oral fluid or blood of the rail safety worker charged with the offence it must be presumed, until the contrary is proved, that that drug was present in the worker's oral fluid or blood at the time at which the offence is alleged to have been committed.

(3) For the purposes of Division 9 of Part 3 of the Rail Safety National Law (Victoria) and this Part, if it is established that at any time within 3 hours after an alleged offence against section 128(1)(c) of the Rail Safety National Law (Victoria) or section 48H(1)(b), a certain drug was present in the body of the rail safety worker charged with the offence it must be presumed, until the contrary is proved, that the drug was present in the worker's body at the time at which the offence is alleged to have been committed.

(4) For the purposes of an alleged offence against section 48H(1)(i) or (j) it must be presumed that the concentration of alcohol indicated by an analysis to be present in the breath of the rail safety worker charged or found by an analyst to be present in the sample of blood taken from the worker charged (as the case requires) was not due solely to the consumption of alcohol after having carried out rail safety work unless the contrary is proved by the worker charged on the balance of probabilities by sworn evidence given by the worker which is corroborated by the material evidence of another person.

(5) For the purposes of an alleged offence against section 128(1)(b) or (c) of the Rail Safety National Law (Victoria) or section 48H(1)(b) it must be presumed that a drug found by an analyst to be present in the sample of blood or oral fluid taken from the rail safety worker charged was not due solely to the consumption or use of that drug after carrying out rail safety work unless the contrary is proved by the worker charged on the balance of probabilities by sworn evidence given by the worker which is corroborated by the material evidence of another person.