48MAdditional matters for breath analyses

48M Additional matters for breath analyses

(1) This section applies if a rail safety worker is required by an authorised person to submit to testing by means of a breath analysis under section 126 of the Rail Safety National Law (Victoria).

(2) For the purposes of section 126 of the Rail Safety National Law (Victoria), a requirement of the authorised person under that section may be that the rail safety worker submit to testing by doing one or both of the following—

(a) furnishing a sample of breath for analysis by a breath analysing instrument;

(b) furnishing one or more further samples if it appears to the authorised person that the breath analysing instrument is incapable of measuring the concentration of alcohol present in the sample, or each of the samples, previously furnished in grams per 210 litres of exhaled air—

(i) because the amount of sample furnished was insufficient; or

(ii) because of a power failure or malfunctioning of the instrument; or

(iii) for any other reason whatsoever.

(3) In addition, for the purposes of section 126(1)(a) to (e) of the Rail Safety National Law (Victoria), the authorised person may require the rail safety worker to—

(a) accompany the authorised person to a police station or other place where the sample of breath may be furnished; and

(b) remain there until the worker has furnished the sample of breath and been given the certificate referred to in subsection (8) or until 3 hours after the carrying out of the rail safety work, whichever is the sooner.

(4) In addition, for the purposes of section 126(1)(f) of the Rail Safety National Law (Victoria), the authorised person may require the rail safety worker to remain at the place at which the worker is required to remain for the purposes of the drug assessment until—

(a) the worker has furnished the sample of breath and been given the certificate referred to in subsection (8) and the drug assessment has been carried out; or

(b) 3 hours after the carrying out of rail safety work—

whichever is the sooner.

Section 126(1)(f) forms part of the Rail Safety National Law (Victoria)—see section 48C.

(5) If the rail safety worker is required to furnish a sample of breath for analysis, the worker must do so by exhaling continuously into the instrument to the satisfaction of the person operating it.

(6) However, a rail safety worker is not obliged to furnish a sample of breath under this section if more than 3 hours have passed since the worker last carried out rail safety work.

(7) A breath analysing instrument referred to in this section must be operated by a person authorised to do so by the Chief Commissioner of Police.