51Regulations

51 Regulations

(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

S. 51(1A) inserted by No. 41/2019 s. 18(1).

(1A) The Governor in Council may make regulations for or with respect to—

(a) devices for the purposes of sections 126 and 127 of the Rail Safety National Law (Victoria) and section 48L including—

(i) the handling, storage, use and maintenance of those devices;

(ii) the precautions to be taken and the procedures and methods to be employed in the use of those devices for ensuring that they give accurate and reliable results;

(b) the handling, storage, use and maintenance of breath analysing instruments used for the purposes of Division 9 of Part 3 of the Rail Safety National Law (Victoria) and Division 3 of Part 4A and the procedures and methods to be employed in the use of those instruments for ensuring that they give accurate and reliable results;

(c) the methods and conditions to be observed by—

(i) registered medical practitioners and approved health professionals in collecting blood, oral fluid or urine samples; and

(ii) authorised persons in collecting oral fluid samples;

(d) the persons responsible for the safe-keeping of samples of blood, oral fluids and urine taken under Division 9 of Part 3 of the Rail Safety National Law (Victoria) and Division 3 of Part 4A;

(e) the delivering of portions of a sample of blood, oral fluids or urine taken under Division 9 of Part 3 of the Rail Safety National Law (Victoria) and Division 3 of Part 4A to the rail safety worker from whom it was taken and to the person who required it to be taken or a police officer;

(f) the methods to be used by analysts in determining the concentration of alcohol in a blood sample;

(g) the methods to be used by analysts in determining the presence of a substance in a blood, oral fluid or urine sample;

(h) the procedures to be adopted in transmitting samples of blood, oral fluid or urine to an analyst for analysis;

(i) the regulation and control of people concerned in the taking, safe-keeping, delivering and analysis of blood, oral fluid or urine samples.

(2) The regulations may—

(a) be of general or limited application;

(b) differ according to differences in time, place or circumstances;

S. 51(2)(ba) inserted by No. 41/2019 s. 18(2).

(ba) require a matter affected by the regulations to be—

(i) in accordance with a specified standard or specified requirement; or