127AFacilitation of testing

127A Facilitation of testing

127A Facilitation of testing

(1) The person with control or management of railway premises must do all that is reasonably necessary to facilitate an authorised person to exercise powers under this Division in relation to requiring a rail safety worker to undertake a test for the presence of a drug or alcohol, including (for example)—

(a) allowing the authorised person entry to the railway premises; and

(b) making the rail safety worker available for such testing; and

(c) making any other person at the premises available for the purpose of giving the authorised person reasonable help to exercise the authorised person’s powers under this Division.

(2) A person required to facilitate or give reasonable help under this section must not, without reasonable excuse, fail to comply with the requirement.

Maximum penalty—$10 000.

(3) Subsection (2) places an evidential burden on the accused to show a reasonable excuse.

(4) An authorised person may be accompanied by a rail safety officer to assist the authorised person under this Division if the authorised person considers the assistance necessary.

s 127A: Ins 2019 No 4, sec 9.