48IAdditional circumstances when rail safety workers may be convicted or found guilty

48I Additional circumstances when rail safety workers may be convicted or found guilty

A rail safety worker may be convicted or found guilty of an offence under section 126(3) or 127(3) of the Rail Safety National Law (Victoria) or section 48H(1)(d) even if—

(a) in the case of an offence under section 126(3) of the Rail Safety National Law (Victoria) constituted by a failure to submit to a preliminary breath test or breath analysis—

(i) a breath analysing instrument was not available at the place where the requirement was made at the time it was made; or

(ii) a person authorised to operate a breath analysing instrument was not present at the place where the requirement was made at the time it was made;

(b) in the case of an offence under section 127(3) of the Rail Safety National Law (Victoria) constituted by a failure to submit to a drug screening test, oral fluid analysis, blood test or urine test (or any combination of these)—

(i) the authorised person requiring a sample of blood or urine had not nominated a registered medical practitioner or approved health professional to take the sample; or

(ii) if the worker was required under section 48R(3) to provide a sample of oral fluid for analysis by a properly qualified analyst, the authorised person requiring a sample of oral fluid had not nominated a registered medical practitioner or approved health professional to whom the sample was to be furnished for analysis;

(c) in the case of an offence under section 48H(1)(d)—

(i) a requirement to undergo an assessment of drug impairment was not made at a place where such an assessment could have been carried out; or

(ii) a person authorised to carry out an assessment of drug impairment was not present at the place where the requirement was made at the time it was made;

(d) in the case of an offence under section 127(3) of the Rail Safety National Law (Victoria)—

(i) a requirement to submit to a drug screening test, oral fluid analysis, blood test or urine test (or any combination of these) was not made at a place where such a test or analysis could have been carried out; or

(ii) a person authorised to carry out the drug screening test, oral fluid analysis, blood test or urine test was not present at the place where the requirement was made at the time it was made.

S. 48J inserted by No. 41/2019 s. 17.