48HAdditional offences involving alcohol and drugs

48H Additional offences involving alcohol and drugs

(1) A rail safety worker is guilty of an offence if the worker—

(a) carries out rail safety work while more than the prescribed concentration of alcohol is present in the worker's breath; or

(b) carries out rail safety work while impaired by a drug; or

(c) refuses or fails to comply with a requirement under section 48M(10); or

(d) refuses to undergo an assessment of drug impairment in accordance with sections 48O and 48P when required under those sections to do so or refuses to comply with a direction under section 48O(4); or

(e) refuses to immediately comply with a requirement under section 48Q(2) or a direction under section 48Q(4) or fails to comply with the obligation in section 48Q(5); or

(f) refuses to provide a sample of oral fluid in accordance with section 48R when required under that section to do so or refuses to immediately comply with any other requirement made under that section; or

(g) refuses to comply with a requirement made under section 48X(2) or (3); or

(h) refuses to comply with a requirement made under section 48V(2) or (3); or

(i) within 3 hours after having carried out rail safety work furnishes a sample of breath for analysis by a breath analysing instrument under a requirement under section 48M and—

(i) the result of the analysis as recorded or shown by the breath analysing instrument indicates that more than the prescribed concentration of alcohol is present in the worker's breath; and

(ii) the concentration of alcohol indicated by the analysis to be present in the worker's breath was not due solely to the consumption of alcohol after having carried out the rail safety work; or

(j) has had a sample of blood taken from the worker in accordance with section 48ZA within 3 hours after having carried out rail safety work and—

(i) the sample has been analysed within 12 months after it was taken by a properly qualified analyst within the meaning of section 48ZB and the analyst has found that at the time of analysis more than the prescribed concentration of alcohol was present in that sample; and

(ii) the concentration of alcohol found by the analyst to be present in that sample was not due solely to the consumption of alcohol after having carried out the rail safety work.

(2) A rail safety worker who is guilty of an offence under subsection (1) is liable to a fine not exceeding $10 000.

(3) It is a defence to a charge under subsection (1)(i) for the person charged to prove that the breath analysing instrument used was not on that occasion in proper working order or properly operated.