48KExistence of certain facts proof that rail safety worker was drug impaired while carrying out rail safety work

48K Existence of certain facts proof that rail safety worker was drug impaired while carrying out rail safety work

In any proceeding for an offence under section 48H(1)(b), proof that—

(a) the rail safety worker was carrying out rail safety work; and

(b) one or more drugs were present in the rail safety worker's body at the time at which the worker carried out rail safety work; and

(c) the behaviour of the rail safety worker on an assessment of drug impairment carried out on the worker was consistent with the behaviour usually associated with a person who has consumed or used that drug or those drugs; and

(d) the behaviour usually associated with a person who has consumed or used that drug or those drugs would result in the person being unable to carry out rail safety work properly—

is, in the absence of evidence to the contrary, proof that the rail safety worker carried out rail safety work while impaired by a drug.