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Rail Safety National Law (Queensland) Act 2017
sec.26Application of division
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### sec.26 Application of division
This division applies if a rail safety worker is directed under division 3 by an authorised person to provide a specimen for preliminary testing and—
it appears to the authorised person, because of a preliminary test carried out by the authorised person on the specimen, that the worker is over the prescribed concentration of alcohol or that a prescribed drug is present in the worker’s saliva; or
the worker—
fails to comply with the direction; or
declines to wait for a reasonable time to enable the preliminary test to be carried out satisfactorily; or
the worker is not required to comply with the direction because the worker gives the authorised person a prescribed medical certificate relating to providing that type of specimen.
- (a) it appears to the authorised person, because of a preliminary test carried out by the authorised person on the specimen, that the worker is over the prescribed concentration of alcohol or that a prescribed drug is present in the worker’s saliva; or
- (b) the worker— (i) fails to comply with the direction; or (ii) declines to wait for a reasonable time to enable the preliminary test to be carried out satisfactorily; or
- (i) fails to comply with the direction; or
- (ii) declines to wait for a reasonable time to enable the preliminary test to be carried out satisfactorily; or
- (c) the worker is not required to comply with the direction because the worker gives the authorised person a prescribed medical certificate relating to providing that type of specimen.
- (i) fails to comply with the direction; or
- (ii) declines to wait for a reasonable time to enable the preliminary test to be carried out satisfactorily; or