129AAdditional NSW matters related to drug and alcohol testing and related offences

129A Additional NSW matters related to drug and alcohol testing and related offences

129A Additional NSW matters related to drug and alcohol testing and related offences

(1) For the purposes of sections 126 and 127, a rail safety worker is to be regarded as being about to carry out rail safety work if the worker—

(a) has left home or a temporary residence for work (being rail safety work); and

(b) has not commenced work after having so left home or the temporary residence.

(2) It is a defence to a prosecution for an offence under section 126 or 127 if the defendant satisfies the court that the defendant was unable on medical grounds to comply with the requirement concerned.

(3) A rail safety worker is not liable to be convicted of both—

(a) an offence under section 126 (3) and an offence under section 128 (1) (c); or

(b) an offence under section 127 (3) and an offence under section 128 (1) (c); or

(c) an offence under section 128 (1) (a) and an offence under section 128 (1) (c); or

(d) an offence under section 128 (1) (b) and an offence under section 128 (1) (c).

(4) The regulations under the application Act may make provision for or with respect to the following—

(a) limiting the circumstances when a requirement may be made under section 126 or 127;

(b) the circumstances in which a rail safety worker may not be required to undergo a test or analysis or provide a sample for the purposes of this Division;

(c) limiting the use of testing or analysis results from a rail safety worker who was about to carry out rail safety work,

(d) requirements to undergo sobriety assessments.

Note—

This section is an additional New South Wales provision.