10Testing for drugs and alcohol

### 10 Testing for drugs and alcohol > > (1)  For the purposes of this section – > > > > > ***applicable provisions*** means – > > > > > > > > (a) [Part I of the](/view/html/inforce/2026-04-12/act-1970-077#HPI@EN) [Road Safety (Alcohol and Drugs) Act 1970](/view/html/inforce/2026-04-12/act-1970-077) ; and > > > > > > > > > (b) [*\[Section 10 Subsection (1) amended by No. 37 of 2020, s. 4, Applied:17 Nov 2020\]*](/view/html/inforce/2020-11-17/act-2020-037#GS4@Hpa@EN) [Division 2 of Part II](/view/html/inforce/2026-04-12/act-1970-077#HPII@HD2@EN) (excluding [section 14](/view/html/inforce/2026-04-12/act-1970-077#GS14@EN) ) of that Act; and > > > > > > > > > (ba) [*\[Section 10 Subsection (1) amended by No. 37 of 2020, s. 4, Applied:17 Nov 2020\]*](/view/html/inforce/2020-11-17/act-2020-037#GS4@Hpb@EN) [section 14](/view/html/inforce/2026-04-12/act-1970-077#GS14@EN) of that Act other than [section 14(1B)(b)](/view/html/inforce/2026-04-12/act-1970-077#GS14@Gs1B@Hpb@EN) ; and > > > > > > > > > (c) [Part III](/view/html/inforce/2026-04-12/act-1970-077#HPIII@EN) of that Act – > > > > > > as in force from time to time. > > > (2)  Without limiting the application of the [Road Safety (Alcohol and Drugs) Act 1970](/view/html/inforce/2026-04-12/act-1970-077) to a rail safety worker otherwise than by virtue of this section, the applicable provisions of the [Road Safety (Alcohol and Drugs) Act 1970](/view/html/inforce/2026-04-12/act-1970-077) , with the appropriate modifications, apply to, and in relation to, a rail safety worker carrying out, or attempting to carry out, rail safety work. > > > (3)  The appropriate modifications of the applicable provisions of the [Road Safety (Alcohol and Drugs) Act 1970](/view/html/inforce/2026-04-12/act-1970-077) are as follows: > > > > > > (a) in [section 2(1)](/view/html/inforce/2026-04-12/act-1970-077#GS2@Gs1@EN) of the applicable provisions the words "a concentration of 0.05 of a gram of alcohol in 210 litres of breath or a concentration of 0.05 of a gram of alcohol in 100 millilitres of blood" in the definition of *prescribed concentration* are to be taken to be the words "any concentration of alcohol in the blood"; > > > > > > > (b) in [section 2(1)](/view/html/inforce/2026-04-12/act-1970-077#GS2@Gs1@EN) of the applicable provisions the words "a drug prescribed in the regulations as an illicit drug" in the definition of *prescribed illicit drug* are to be taken to be the words "a prescribed drug as defined in section 128(5) of the Rail Safety National Law (Tasmania)"; > > > > > > > (c) a reference in the applicable provisions, in relation to a person, to the relevant time, in relation to a test, an examination or requirement or direction to submit to the taking of a sample, is to be taken, despite [section 2(3A)](/view/html/inforce/2026-04-12/act-1970-077#GS2@Gs3A@EN) of those provisions, to be a reference to the time when the person was required or directed to undertake the test or medical examination or to submit to the taking of the sample; > > > > > > > (d) a reference in the applicable provisions to – > > > > > > > > > > (i) a driver; or > > > > > > > > > > > (ii) the driving of a vehicle or a motor vehicle; or > > > > > > > > > > > (iii) [*\[Section 10 Subsection (3) amended by No. 38 of 2017, s. 64, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS64@Hpb@EN) [*\[Section 10 Subsection (3) amended by No. 38 of 2017, s. 64, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS64@Hpa@EN) a person driving, or who drove, or who has driven, a vehicle or a motor vehicle – > > > > > > > > is to be taken to be a reference to a rail safety worker carrying out, or attempting to carry out, rail safety work; > > > > > > > (e) [*\[Section 10 Subsection (3) amended by No. 38 of 2017, s. 64, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS64@Hpc@EN) a reference in the applicable provisions, (apart from [section 7AA](/view/html/inforce/2026-04-12/act-1970-077#GS7AA@EN) and [section 10](/view/html/inforce/2026-04-12/act-1970-077#GS10@EN) ) to a police officer or an approved operator is to be taken to include a reference to an authorised person; > > > > > > > (f) a matter, thing or person that or who is prescribed or approved for the purposes of that Act is to be taken to be prescribed or approved, respectively, for the purposes of the applicable provisions as they apply by virtue of this section; > > > > > > > (g) [sections 7D](/view/html/inforce/2026-04-12/act-1970-077#GS7D@EN) , [8](/view/html/inforce/2026-04-12/act-1970-077#GS8@EN) and [8A](/view/html/inforce/2026-04-12/act-1970-077#GS8A@EN) of the applicable provisions do not, by reason only of this section, apply to a rail safety worker carrying out, or attempting to carry out, rail safety work; > > > > > > > (h) in [section 9(1)](/view/html/inforce/2026-04-12/act-1970-077#GS9@Gs1@EN) of the applicable provisions, the words "a person drove a motor vehicle in a public street while he was in such a condition as to be incapable of driving that vehicle without risk of danger to other persons" are to be taken to be the words "a rail safety worker carrying out, or attempting to carry out, rail safety work is in such a condition as to be incapable of undertaking a function or duty of a rail safety worker"; > > > > > > > (i) [section 10(8)](/view/html/inforce/2026-04-12/act-1970-077#GS10@Gs8@EN) of the applicable provisions does not, by reason only of this section, apply to a rail safety worker carrying out or attempting to carry out his or her work as a rail safety worker; > > > > > > > (j) in [section 10A(1)](/view/html/inforce/2026-04-12/act-1970-077#GS10A@Gs1@EN) of the applicable provisions, the words "the driver of a vehicle" are to be taken to be omitted; > > > > > > > (k) [section 10A(1A)](/view/html/inforce/2026-04-12/act-1970-077#GS10A@Gs1A@EN) of the applicable provisions does not, by reason only of this section, apply to a rail safety worker carrying out or attempting to carry out his or her work as a rail safety worker; > > > > > > > (l) [section 22(2)](/view/html/inforce/2026-04-12/act-1970-077#GS22@Gs2@EN) of the applicable provisions is to be taken to include a reference to all offences under the Rail Safety National Law (Tasmania).