sec.48Evidence from laboratory test

### sec.48 Evidence from laboratory test This section applies to evidence given by an analyst or analyst’s certificate of— the concentration of alcohol indicated by a laboratory test to be present in a rail safety worker’s blood; or the presence of a prescribed drug or a metabolite of a prescribed drug, as indicated by a laboratory test, in a rail safety worker’s saliva or blood; or the presence of a drug other than a prescribed drug or a metabolite of a drug other than a prescribed drug, as indicated by a laboratory test, in a rail safety worker’s blood. Subject to subsection (5) , evidence mentioned in subsection (1) (a) is conclusive evidence of the concentration of alcohol present in the rail safety worker’s blood at all material times. Subject to subsection (5) , evidence mentioned in subsection (1) (b) is conclusive evidence of the presence of a prescribed drug or a metabolite of a prescribed drug in the rail safety worker’s saliva or blood at all material times. Subject to subsection (5) , evidence mentioned in subsection (1) (c) is conclusive evidence of the presence of a drug other than a prescribed drug or a metabolite of a drug other than a prescribed drug in the rail safety worker’s blood at all material times. The rail safety worker may negative evidence mentioned in subsection (1) by proving the result of the laboratory test was not correct. In this section— material times means— when the rail safety worker provided the specimen of saliva or blood; and any time during the 3-hour period ending at the time the worker provided the specimen. (sec.48-ssec.1) This section applies to evidence given by an analyst or analyst’s certificate of— the concentration of alcohol indicated by a laboratory test to be present in a rail safety worker’s blood; or the presence of a prescribed drug or a metabolite of a prescribed drug, as indicated by a laboratory test, in a rail safety worker’s saliva or blood; or the presence of a drug other than a prescribed drug or a metabolite of a drug other than a prescribed drug, as indicated by a laboratory test, in a rail safety worker’s blood. (sec.48-ssec.2) Subject to subsection (5) , evidence mentioned in subsection (1) (a) is conclusive evidence of the concentration of alcohol present in the rail safety worker’s blood at all material times. (sec.48-ssec.3) Subject to subsection (5) , evidence mentioned in subsection (1) (b) is conclusive evidence of the presence of a prescribed drug or a metabolite of a prescribed drug in the rail safety worker’s saliva or blood at all material times. (sec.48-ssec.4) Subject to subsection (5) , evidence mentioned in subsection (1) (c) is conclusive evidence of the presence of a drug other than a prescribed drug or a metabolite of a drug other than a prescribed drug in the rail safety worker’s blood at all material times. (sec.48-ssec.5) The rail safety worker may negative evidence mentioned in subsection (1) by proving the result of the laboratory test was not correct. (sec.48-ssec.6) In this section— material times means— when the rail safety worker provided the specimen of saliva or blood; and any time during the 3-hour period ending at the time the worker provided the specimen. - (a) the concentration of alcohol indicated by a laboratory test to be present in a rail safety worker’s blood; or - (b) the presence of a prescribed drug or a metabolite of a prescribed drug, as indicated by a laboratory test, in a rail safety worker’s saliva or blood; or - (c) the presence of a drug other than a prescribed drug or a metabolite of a drug other than a prescribed drug, as indicated by a laboratory test, in a rail safety worker’s blood. - (a) when the rail safety worker provided the specimen of saliva or blood; and - (b) any time during the 3-hour period ending at the time the worker provided the specimen.