sec.56Defence to prosecution for offence against national law , s 126 (3) or 127 (3)

### sec.56 Defence to prosecution for offence against national law , s 126 (3) or 127 (3) It is a defence to the prosecution of a rail safety worker for an offence against the national law , section 126 (3) or 127 (3) in relation to a direction given by an authorised person under section 126 (2) or 127 (2) of that law or this part for the worker to prove that— the direction was not lawfully given; or if the direction was to provide a specimen of breath or saliva—immediately after the direction was given, the worker gave the authorised person a prescribed medical certificate relating to providing that type of specimen; or the worker had another reasonable excuse. For subsection (1) (c) , it is not a reasonable excuse that complying with the direction might tend to incriminate the rail safety worker. (sec.56-ssec.1) It is a defence to the prosecution of a rail safety worker for an offence against the national law , section 126 (3) or 127 (3) in relation to a direction given by an authorised person under section 126 (2) or 127 (2) of that law or this part for the worker to prove that— the direction was not lawfully given; or if the direction was to provide a specimen of breath or saliva—immediately after the direction was given, the worker gave the authorised person a prescribed medical certificate relating to providing that type of specimen; or the worker had another reasonable excuse. (sec.56-ssec.2) For subsection (1) (c) , it is not a reasonable excuse that complying with the direction might tend to incriminate the rail safety worker. - (a) the direction was not lawfully given; or - (b) if the direction was to provide a specimen of breath or saliva—immediately after the direction was given, the worker gave the authorised person a prescribed medical certificate relating to providing that type of specimen; or - (c) the worker had another reasonable excuse.