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Rail Safety National Law (Queensland) Act 2017
sec.15Definitions for part
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### sec.15 Definitions for part
In this part—
analysis means a breath analysis or saliva analysis.
analyst means a person who carries out an analysis or laboratory test in a laboratory prescribed by regulation.
analyst’s certificate see section 46 (2) .
authorised person has the same meaning as in the national law, section 4 (1) .
breath analysing instrument means—
a breath analysing instrument as defined in the Transport Operations (Road Use Management) Act 1995 , section 80 (1) ; or
an instrument approved by regulation.
breath analysis means an analysis of a specimen of breath by a breath analysing instrument.
breath analysis certificate see section 39 (1) .
health care professional means—
a doctor; or
a nurse; or
a qualified assistant.
instrument operator , in relation to a breath analysis, means the authorised person or police officer who operates, or is to operate, the breath analysing instrument under section 37 .
nurse means a person registered under the Health Practitioner Regulation National Law —
to practise in the nursing profession, other than as a student; and
in the registered nurses division of that profession.
s 15 def nurse amd 2017 No. 32 s 87 (2) s ch 1 pt 2
preliminary breath test means a test to obtain an indication of the concentration of alcohol in a person’s breath using a device approved by regulation.
preliminary saliva test means a test to obtain an indication of the presence of a prescribed drug in a person’s saliva using a device approved by regulation.
preliminary test means a preliminary breath test or a preliminary saliva test.
prescribed concentration of alcohol has the same meaning as in the national law, section 128 (5) .
prescribed drug has the same meaning as in the national law, section 128 (5) .
prescribed medical certificate means a certificate, in the approved form, from a doctor stating that—
because of a stated illness or disability, a rail safety worker is incapable of providing a specimen of breath or saliva, or both; or
providing a specimen of breath or saliva, or both, could adversely affect a rail safety worker’s health.
qualified assistant see section 16 (1) .
saliva analysis means an analysis of a specimen of saliva by a laboratory test approved by regulation.
specimen for analysis means a sufficient specimen of breath or saliva, or both, for analysis.
specimen for preliminary testing means a sufficient specimen of breath or saliva, or both, for a preliminary test.
sufficient specimen , of breath or saliva for a preliminary test or for analysis, means a specimen of breath or saliva that—
is sufficient to enable the preliminary test or analysis to be carried out; and
is provided in a way that enables the objective of the preliminary test or analysis to be satisfactorily achieved.
- (a) a breath analysing instrument as defined in the Transport Operations (Road Use Management) Act 1995 , section 80 (1) ; or
- (b) an instrument approved by regulation.
- (a) a doctor; or
- (b) a nurse; or
- (c) a qualified assistant.
- (a) to practise in the nursing profession, other than as a student; and
- (b) in the registered nurses division of that profession.
- (a) because of a stated illness or disability, a rail safety worker is incapable of providing a specimen of breath or saliva, or both; or
- (b) providing a specimen of breath or saliva, or both, could adversely affect a rail safety worker’s health.
- (a) is sufficient to enable the preliminary test or analysis to be carried out; and
- (b) is provided in a way that enables the objective of the preliminary test or analysis to be satisfactorily achieved.