126Authorised person may require preliminary breath test or breath analysis

126 Authorised person may require preliminary breath test or breath analysis

126 Authorised person may require preliminary breath test or breath analysis

(1) Subject to this section, an authorised person may at any time require a rail safety worker who—

(a) is about to carry out rail safety work; or

(b) is carrying out rail safety work; or

(c) is attempting to carry out rail safety work; or

(d) is still on railway premises after carrying out rail safety work; or

(e) without limiting a preceding paragraph—is involved in a prescribed notifiable occurrence; or

(e1) without limiting a preceding paragraph—is involved in an accident or irregular incident while carrying out rail safety work,

Note—

This paragraph is an additional New South Wales provision.

to submit to testing by means of a preliminary breath test or breath analysis (or both).

(2) For the purposes of making a requirement that a rail safety worker submit to a preliminary breath test or breath analysis, an authorised person may—

(a) require the worker to provide the worker’s name and residential address; and

(b) give any other reasonable direction to the worker.

Example.

An authorised person may (for example) direct the rail safety worker to accompany the authorised person and attend at a specified place for the purposes of carrying out the preliminary breath test or breath analysis.

(3) A rail safety worker must immediately comply with a direction given by an authorised person (whether under this section or the application Act) for the purpose of requiring the worker to submit to a preliminary breath test or breath analysis.

Maximum penalty—$10 000.

(4) The application Act and regulations made under the application Act may prescribe the manner in which a preliminary breath test or breath analysis is to be conducted and may (for example) require that more than 1 sample of breath is to be provided for testing or analysis (and, in such a case, specify which reading of the apparatus or instrument will be taken to be the result of the preliminary breath test or breath analysis for the purposes of this Law, the application Act or any other Act).