Rail Safety (National Uniform Legislation) Act 2012 (Northern Territory)

This Act imports the Rail Safety National Law into the Northern Territory and adds Territory-specific provisions principally dealing with alcohol and drug testing for rail safety workers, the local handling of national regulations, transitional arrangements from the repealed Territory rail safety statute, and limited local regulation-making power. Mechanically, the Act operates in two layers.

First, the Rail Safety National Law, as set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012 (SA), applies in the Territory as the Rail Safety National Law (NT) and is treated as part of this Act (s 4). Generic terms used in that national law are mapped to Territory meanings in s 5, for example court means the Local Court and police officer is defined by reference to the Police Administration Act 1978 (s 5(1)-(2)). The adoption therefore imports the national regulatory framework for accreditation, registration, notifiable occurrences, notices and enforcement, subject to the local application provisions of this Act.

Second, the Act contains Territory-local provisions that modify or supplement the national law in several specific respects. The local provisions most detailed in this Act are those governing alcohol, drug and blood testing of rail safety workers (Part 4, Divisions 1-6; ss 10-36). These set the permissible testing methods (preliminary breath test, breath analysis, drug screening test, oral fluid analysis, blood sample), who may conduct them and in what circumstances (random or non‑random), limits on when a worker may be required to comply (time cutoffs and medical disability exceptions), evidentiary consequences of test results (s 30), reporting obligations for refusals or failures to comply (s 32), analyst and health practitioner authorisations and protections (ss 33A, 34), and rules for sample handling and certificates as prima facie evidence (s 31).

NORTHERN TERRITORY OF AUSTRALIA RAIL SAFETY (NATIONAL UNIFORM LEGISLATION) ACT 2012 As in force at 10 February 2026 Table of provisions Part 1 Preliminary matters 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 Part 2 Adoption of Rail Safety National Law 4 Adoption of Rail Safety National Law .............................................. 2 5 Meaning of generic terms in Rail Safety National Law (NT) for purposes of this jurisdiction ............................................................. 2 6 No double jeopardy ......................................................................... 4 7 Exclusion of legislation of this jurisdiction ........................................ 4 Part 3 National regulations 8 National regulations to be tabled in Legislative Assembly ............... 5 9 National regulations disallowed by Legislative Assembly ................ 6 Part 4 Local provisions for alcohol and drug testing Division 1 Preliminary matters 10 Interpretation ................................................................................... 6 Division 2 Alcohol testing 11 Preliminary breath test or breath analysis........................................ 8 12 When breath test or breath analysis may be required ..................... 8 13 Rail safety worker not obliged to comply with requirement in certain circumstances ...................................................................... 9 14 Authorised person must not make requirement in certain circumstances.................................................................................. 9 15 Conduct of breath analysis ............................................................ 10 16 Further breath analysis .................................................................. 10 17 Rail safety worker may request further breath analysis ................. 10 18 Breath analysis indicates prescribed BAC ..................................... 10 19 Rail safety worker may request blood sample be taken after breath analysis .............................................................................. 11

Rail Safety (National Uniform Legislation) Act 2012 ii 20 Rail safety worker may request blood sample be taken instead of preliminary breath test or breath analysis .................................. 11 Division 3 Drug testing 21 Drug screening test or oral fluid analysis ....................................... 11 22 When drug screening test or oral fluid analysis may be required ......................................................................................... 11 23 Rail safety worker not obliged to comply with requirement in certain circumstances .................................................................... 12 24 Authorised person must not make requirement in certain circumstances................................................................................ 13 Division 4 Blood sample 25 Provision of blood sample.............................................................. 13 26 Blood sample after preliminary breath test or breath analysis requirement ................................................................................... 13 27 Blood sample after drug screening or oral fluid analysis requirement ................................................................................... 14 28 Rail safety worker not obliged to comply with requirement in certain circumstances .................................................................... 14 29 Compulsory blood testing following a prescribed notifiable occurrence ..................................................................................... 15 Division 5 Evidence 30 Use of test or analysis result in court proceedings ........................ 16 30A Application for additional analysis of oral fluid sample................... 17 31 Evidence by certificate ................................................................... 17 Division 6 Other matters for this Part 32 Reports relating to worker's refusal or failure to comply with requirement of authorised person .................................................. 19 33 Duty of health practitioner who takes sample ................................ 19 33A Analysts ......................................................................................... 20 34 Protection from liability of health practitioners and analysts .......... 20 35 Self-incrimination no excuse .......................................................... 20 36 Local regulations ........................................................................... 20 Part 5 Local repeal and transitional provisions Division 1 Preliminary matters 37 Definitions ...................................................................................... 21

Rail Safety (National Uniform Legislation) Act 2012 iii Division 2 Repeal 38 Repeal ........................................................................................... 21 Division 3 Transitional provisions 39 Accreditation .................................................................................. 21 40 Registration ................................................................................... 22 41 Police officers continue to be authorised ....................................... 22 42 Alleged offences against repealed Act .......................................... 23 43 Notifiable occurrences ................................................................... 23 44 Notices........................................................................................... 23 45 Reviews and appeals .................................................................... 23 46 Provision of information and assistance by Director of Rail Safety ............................................................................................ 24 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 10 February 2026

RAIL SAFETY (NATIONAL UNIFORM LEGISLATION) ACT 2012 An Act to apply as a law of the Territory a national law regulating rail safety, and for related purposes Part 1 Preliminary matters 1 Short title This Act may be cited as the Rail Safety (National Uniform Legislation) Act 2012. 2 Commencement (1) This Act commences on the day fixed by the Administrator by Gazette notice. (2) Different days may be fixed under subsection (1) for the commencement of different provisions of the Rail Safety National Law set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012 (SA). 3 Definitions (1) For the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the Rail Safety National Law (NT). (2) In the local application provisions of this Act: local regulations means regulations made under section 36. Rail Safety National Law (NT) means the provisions applying in this jurisdiction because of section 4. (3) Also, in the local application provisions of this Act: analyst, for Part 4, see section 10(1). BAC, for Part 4, see section 10(1).

Part 2 Adoption of Rail Safety National Law Rail Safety (National Uniform Legislation) Act 2012 2 BrAC, for Part 4, see section 10(1). breath analysis instrument, for Part 4, see section 10(1). drug screening test, for Part 4, see section 10(1). health practitioner, for Part 4, see section 10(1). oral fluid analysis, for Part 4, see section 10(1). preliminary breath test, for Part 4, see section 10(1). prescribed BAC, in relation to a rail safety worker, for Part 4, see section 10(1). prohibited drug, for Part 4, see section 10(1). qualified person, for Part 4, see section 10(1). (4) Terms used in the local application provisions of this Act and also in the Rail Safety National Law set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012 (SA) have the same meanings in those provisions as they have in that Law. Part 2 Adoption of Rail Safety National Law 4 Adoption of Rail Safety National Law The Rail Safety National Law, as in force from time to time, set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012 (SA): (a) applies as a law of this jurisdiction; and (b) as so applying may be referred to as the Rail Safety National Law (NT); and (c) so applies as if it were a part of this Act. 5 Meaning of generic terms in Rail Safety National Law (NT) for purposes of this jurisdiction (1) In the Rail Safety National Law (NT): court means the Local Court. emergency services means each of the following: (a) the Police Force of the Northern Territory established by section 5(1) of the Police Administration Act 1978;

Part 2 Adoption of Rail Safety National Law Rail Safety (National Uniform Legislation) Act 2012 3 (b) the Northern Territory Fire and Rescue Service established by section 5(1) of the Fire and Emergency Act 1996; (c) the Northern Territory Emergency Service as defined in section 8 of the Emergency Management Act 2013; (d) another body or organisation prescribed by local regulations. Gazette means the Government Gazette of the Northern Territory. Health Practitioner Regulation National Law means: (a) the Health Practitioner Regulation National Law: (i) as in force from time to time, set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 (Qld); and (ii) as it applies as a law of the Territory, a State or another Territory (with or without modification); or (b) the law of a State or another Territory that substantially corresponds to the law referred to in paragraph (a). magistrate means a Local Court Judge. medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student). Minister means the Minister allotted responsibility for the administration of this Act by an Administrative Arrangement Order made under section 35 of the Interpretation Act 1978. police officer means a member of the Police Force of the Northern Territory established by section 5(1) of the Police Administration Act 1978. prescribed notifiable occurrence means a prescribed notifiable occurrence within the meaning of the national regulations. registered nurse means a person registered under the Health Practitioner Regulation National Law: (a) to practise in the nursing profession (other than as a student); and (b) in the registered nurses division of that profession.

Part 2 Adoption of Rail Safety National Law Rail Safety (National Uniform Legislation) Act 2012 4 road means an area that: (a) is open to or used by the public; and (b) is developed for, or has as one of its main uses, the driving, riding or towing of road vehicles. road vehicle means a motor vehicle as defined in section 3(1) of the Traffic Act 1987. shared path means an area that: (a) is open to or used by the public; and (b) is developed for, or has as one of its main uses, use by both pedestrians and riders of bicycles. the jurisdiction or this jurisdiction means the Northern Territory. (2) For the local application provisions of this Act, the Rail Safety National Law (NT) and any other Act or law: (a) the Office of the National Rail Safety Regulator is not an Agency as defined in section 18A of the Interpretation Act 1978; and (b) an employee of the Office of the National Rail Safety Regulator is not an employee as defined in section 3(1) of the Public Sector Employment and Management Act 1993. 6 No double jeopardy Proceedings for an offence against the Rail Safety National Law (NT) (the NT offence) cannot be brought against a person if the person has, for the same alleged act or omission, been convicted or found guilty in a participating jurisdiction of an offence that substantially corresponds to the NT offence. 7 Exclusion of legislation of this jurisdiction (1) The Interpretation Act 1978 does not apply to the Rail Safety National Law (NT) or to instruments made under that Law, other than to the extent provided for in section 8(3). Note for subsection (1) Even though the Interpretation Act 1978 does not apply to the Rail Safety National Law (NT) or to instruments made under that Law, it applies to the local application provisions of this Act and to instruments made under those provisions (including local regulations).

Part 3 National regulations Rail Safety (National Uniform Legislation) Act 2012 5 (2) Subject to subsection (3), the following Acts, or provisions of Acts, of this jurisdiction do not apply to the Rail Safety National Law (NT) or to instruments made under that Law (except as applied under the Law): (a) the Audit Act 1995; (b) the Financial Management Act 1995; (c) the following provisions of the Information Act 2002: (i) Parts 2, 3 and 4; (ii) sections 103, 108(1) and (2) and 114; (iii) Part 9; (iv) sections 147, 152(2), 153, 156, 157, 159(1), (2) and (3), 158 and 160; (v) Schedule 1; (d) the Ombudsman Act 2009; (e) the Procurement Act 1995; (f) the Public Information Act 2010; (h) the Public Sector Employment and Management Act 1993. (3) The Acts referred to in subsection (2) apply to a Territory entity, or an officer or employee of the entity, exercising a function under the Rail Safety National Law (NT). Part 3 National regulations 8 National regulations to be tabled in Legislative Assembly (1) The Minister must table national regulations in the Legislative Assembly within 3 sitting days of the Assembly after they are published as mentioned in section 265(1) of the Rail Safety National Law (NT). (2) If national regulations are not tabled in the Legislative Assembly in accordance with subsection (1), the regulations that have not been tabled cease to apply as laws of this jurisdiction.

Part 4 Local provisions for alcohol and drug testing Division 1 Preliminary matters Rail Safety (National Uniform Legislation) Act 2012 6 (3) Section 67 of the Interpretation Act 1978 applies in relation to the tabling of national regulations under this section. Note for subsection (3) Section 67 of the Interpretation Act 1978 relates to the method of tabling of documents in the Legislative Assembly. 9 National regulations disallowed by Legislative Assembly (1) If the Legislative Assembly passes a resolution (notice of which has been given at any time within 12 sitting days after national regulations have been tabled in the Assembly) disallowing national regulations, or provisions of national regulations, the disallowance has the same effect as a repeal of the regulations or provisions. (2) If the disallowed national regulations or a disallowed provision of the national regulations (each of which is the disallowed provision) amended or repealed another provision of the national regulations in force in this jurisdiction immediately before the commencement of the disallowed provision, the disallowance revives the other provision from the date of the disallowance as if the disallowed provision had not been made. (3) In this section: commencement, of a provision of national regulations, means commencement as mentioned in section 265(2) of the Rail Safety National Law (NT). Part 4 Local provisions for alcohol and drug testing Division 1 Preliminary matters 10 Interpretation (1) In this Part: analyst means a person, Agency, administrative unit, entity or organisation authorised to be an analyst under section 33A or the Traffic Act 1987. BAC means blood alcohol concentration. BrAC means breath alcohol concentration. breath analysis instrument means a device prescribed by local regulations to be a breath analysis instrument for this Part.

Part 4 Local provisions for alcohol and drug testing Division 1 Preliminary matters Rail Safety (National Uniform Legislation) Act 2012 7 drug screening test means a test of a kind approved by the Commissioner of Police as a drug screening test for this Part. health practitioner means: (a) a medical practitioner as defined in section 5(1); or (b) a registered nurse as defined in section 5(1); or (c) a qualified person. oral fluid analysis means the analysis of saliva conducted in accordance with subsection (5). preliminary breath test means a test of a kind approved by the Commissioner of Police as a preliminary breath test for this Part. prescribed BAC, in relation to a rail safety worker, means the prescribed concentration of alcohol, as defined in section 128(5) of the Rail Safety National Law (NT), in the rail safety worker's blood. prohibited drug means a prescribed drug as defined in section 128(5) of the Rail Safety National Law (NT). qualified person means a person who has been trained to take samples of blood from persons by a registered training organisation (as defined in section 3 of the National Vocational Education and Training Regulator Act 2011 (Cth)). (2) For this Part and Part 3, Division 9 of the Rail Safety National Law (NT), anything done by a person acting under the supervision or direction of a medical practitioner, registered nurse or analyst is taken to have been done by the medical practitioner, registered nurse or analyst, as the case may be. (3) For this Part, anything done by a person acting under the supervision or direction of a qualified person is taken to have been done by the qualified person. (4) For this Part and section 128 of the Rail Safety National Law (NT), if a breath analysis instrument gives a result expressed as BrAC of a particular numerical value, the result is taken to be expressed as BAC of a corresponding numerical value as mentioned in local regulations. (5) For the purposes of oral fluid analysis: (a) a device approved by the Commissioner of Police under section 27B(1) of the Traffic Act 1987 must be used; and

Part 4 Local provisions for alcohol and drug testing Division 2 Alcohol testing Rail Safety (National Uniform Legislation) Act 2012 8 (b) the device must be used by a person authorised by: (i) the Commissioner of Police under section 27B(2) of the Traffic Act 1987; or (ii) the Regulator under section 124(1) of the Rail Safety National Law (NT); and (c) the analysis must follow the procedures for the proper use of the device prescribed under the Traffic Act 1987. Division 2 Alcohol testing 11 Preliminary breath test or breath analysis (1) An authorised person's power under section 126 of the Rail Safety National Law (NT) to require a rail safety worker to submit to testing by means of a preliminary breath test or breath analysis (or both) is subject to this Division. (2) A requirement mentioned in subsection (1) in relation to a rail safety worker for the purpose of requiring the worker to submit to testing by means of a preliminary breath test or breath analysis (or both) is a direction to the worker as mentioned in section 126(3) of the Rail Safety National Law (NT). 12 When breath test or breath analysis may be required (1) An authorised person may require a rail safety worker to submit to a preliminary breath test or breath analysis (or both): (a) on a random basis – without suspecting the worker has the prescribed BAC; or (b) on a non-random basis – in either or both of the following circumstances: (i) the authorised person suspects, on reasonable grounds, that the worker has the prescribed BAC; (ii) a prescribed notifiable occurrence happens involving the worker. (2) Subsection (1) is subject to sections 13 to 15.

Part 4 Local provisions for alcohol and drug testing Division 2 Alcohol testing Rail Safety (National Uniform Legislation) Act 2012 9 13 Rail safety worker not obliged to comply with requirement in certain circumstances (1) A rail safety worker who is still on railway premises after carrying out rail safety work is not obliged to comply with a requirement made under section 126(1) of the Rail Safety National Law (NT) if: (a) the worker is not involved in a prescribed notifiable occurrence; and (b) more than 30 minutes have passed since the worker carried out the work. (2) A rail safety worker who is involved in a prescribed notifiable occurrence is not obliged to comply with a requirement made under section 126(1) of the Rail Safety National Law (NT) if: (a) more than 4 hours have passed since the worker was involved in the occurrence; or (b) the worker: (i) has completed rail safety work for the work shift and departed from his or her work location for the work shift; and (ii) was unaware of the occurrence when the worker completed work for the work shift. 14 Authorised person must not make requirement in certain circumstances An authorised person must not require a rail safety worker to submit to a preliminary breath test or breath analysis (or both) if the authorised person suspects, on reasonable grounds: (a) that the worker is injured and that it might be detrimental to the worker's medical condition for the worker to submit to the preliminary breath test or breath analysis; or (b) that the worker has a physical disability that prevents the worker from providing a sufficient sample of breath for the completion of a preliminary breath test or breath analysis.

Part 4 Local provisions for alcohol and drug testing Division 2 Alcohol testing Rail Safety (National Uniform Legislation) Act 2012 10 15 Conduct of breath analysis (1) An authorised person must not conduct a breath analysis for this Division unless the authorised person is: (a) a police officer authorised by the Commissioner of Police to use a breath analysis instrument for this Act or any other Act; or (b) any other person authorised by the Regulator to use a breath analysis instrument. (2) An authorised person conducting a breath analysis for this Division must use a breath analysis instrument. 16 Further breath analysis (1) An authorised person may require a rail safety worker to submit to one or more breath analyses whether or not the worker provided a sufficient sample for an earlier analysis. (2) A requirement under subsection (1): (a) may be made only if it is reasonable in the circumstances; and (b) is subject to section 13. 17 Rail safety worker may request further breath analysis (1) A rail safety worker who has submitted to a breath analysis (whether or not the sample provided was sufficient) may request that a further analysis be conducted on another sample of the worker's breath. (2) The request must be made without undue delay after the rail safety worker is advised of the outcome in relation to the initial sample. (3) An authorised person must conduct an analysis on the other sample unless it is insufficient. 18 Breath analysis indicates prescribed BAC If an analysis of breath by a breath analysis instrument indicates a rail safety worker has the prescribed BAC, the authorised person who operated the instrument must give to the worker without delay a written statement (or a statement printed by the instrument) stating: (a) the date the sample of breath was taken and analysed; and (b) the time of the breath analysis; and

Part 4 Local provisions for alcohol and drug testing Division 3 Drug testing Rail Safety (National Uniform Legislation) Act 2012 11 (c) the result of the analysis. 19 Rail safety worker may request blood sample be taken after breath analysis A rail safety worker who submits to a breath analysis may, after the breath analysis and whether or not the analysis was successful, request that a sample of his or her blood be taken for analysis. 20 Rail safety worker may request blood sample be taken instead of preliminary breath test or breath analysis (1) A rail safety worker who refuses or fails to submit to a preliminary breath test or breath analysis under section 12, or a further breath analysis under section 16(1), because of a medical or physical condition may request a sample of his or her blood be taken instead. (2) The rail safety worker does not commit an offence under section 126(3) of the Rail Safety National Law (NT) if the worker provides the sample of his or her blood in accordance with the authorised person's reasonable directions. Division 3 Drug testing 21 Drug screening test or oral fluid analysis (1) An authorised person's power under section 127 of the Rail Safety National Law (NT) to require a rail safety worker to submit to a drug screening test or oral fluid analysis (or both) (whether or not in combination with a blood test) is subject to this Division. (2) A requirement mentioned in subsection (1) made in relation to a rail safety worker for the purpose of requiring the worker to submit to a drug screening test or oral fluid analysis (or both) is a direction to the worker as mentioned in section 127(3) of the Rail Safety National Law (NT). 22 When drug screening test or oral fluid analysis may be required (1) An authorised person may require a rail safety worker to submit to a drug screening test or oral fluid analysis (or both): (a) on a random basis – without suspecting the worker has a prohibited drug in his or her body; or

Part 4 Local provisions for alcohol and drug testing Division 3 Drug testing Rail Safety (National Uniform Legislation) Act 2012 12 (b) on a non-random basis – in either or both of the following circumstances: (i) the authorised person suspects, on reasonable grounds, that the worker has a prohibited drug in his or her body; (ii) a prescribed notifiable occurrence happens involving the worker. (2) Subsection (1) is subject to sections 23 and 24. 23 Rail safety worker not obliged to comply with requirement in certain circumstances (1) A rail safety worker who is still on railway premises after carrying out rail safety work is not obliged to comply with a requirement made under section 127(1) of the Rail Safety National Law (NT) to submit to a drug screening test or oral fluid analysis (or both) if: (a) the worker is not involved in a prescribed notifiable occurrence; and (b) more than 30 minutes have passed since the worker carried out the work. (2) A rail safety worker who is involved in a prescribed notifiable occurrence is not obliged to comply with a requirement made under section 127(1) of the Rail Safety National Law (NT) to submit to a drug screening test or oral fluid analysis (or both) if: (a) more than 4 hours have passed since the worker was involved in the occurrence; or (b) the worker: (i) has completed rail safety work for the work shift and departed from his or her work location for the work shift; and (ii) was unaware of the occurrence when the worker completed work for the work shift.

Part 4 Local provisions for alcohol and drug testing Division 4 Blood sample Rail Safety (National Uniform Legislation) Act 2012 13 24 Authorised person must not make requirement in certain circumstances An authorised person must not require a rail safety worker to submit to a drug screening test or oral fluid analysis (or both) if the authorised person suspects, on reasonable grounds: (a) that the worker is injured and that it might be detrimental to the worker's medical condition for the worker to submit to a drug screening test or oral fluid analysis; or (b) that the worker has a physical disability that prevents the worker from providing a sufficient sample for a drug screening test or oral fluid analysis. Division 4 Blood sample 25 Provision of blood sample (1) An authorised person's power under section 127 of the Rail Safety National Law (NT) to require a rail safety worker to submit to a blood test (whether or not in combination with a drug screening test, oral fluid analysis or both) is subject to this Division. (2) A requirement mentioned in subsection (1) made in relation to a rail safety worker for the purpose of requiring the worker to submit to a blood test is a direction to the worker as mentioned in section 127(3) of the Rail Safety National Law (NT). 26 Blood sample after preliminary breath test or breath analysis requirement (1) If a rail safety worker who is required by an authorised person to submit to a preliminary breath test or breath analysis under section 12, or a further breath analysis under section 16(1), refuses or fails to provide a sufficient sample of breath, the authorised person may require the worker to provide a sample of the worker's blood. (2) However, the authorised person cannot require a rail safety worker to provide a sample of his or her blood under subsection (1) if the worker is not obliged to submit to a preliminary breath test or breath analysis as mentioned in section 13.

Part 4 Local provisions for alcohol and drug testing Division 4 Blood sample Rail Safety (National Uniform Legislation) Act 2012 14 (3) An authorised person may also require a rail safety worker to provide a sample of his or her blood if, as a result of a preliminary breath test under section 12, the authorised person has formed the opinion the worker might have the prescribed BAC and it is not possible to conduct a breath analysis. Examples for subsection (3) 1 There is no authorised person available to operate a breath analysis instrument. 2 Breath analysis is attempted but the instrument malfunctions. 27 Blood sample after drug screening or oral fluid analysis requirement An authorised person may require a rail safety worker to provide a sample of the worker's blood in any of the following circumstances: (a) if an authorised person requires the worker to submit to a drug screening test or oral fluid analysis and the worker refuses to submit to, or fails to provide a sufficient sample for, the test; (b) if, as a result of a drug screening test or oral fluid analysis, the authorised person suspects on reasonable grounds that the worker might have a prohibited drug in his or her body; (c) if the authorised person did not require the worker to submit to a drug screening test or oral fluid analysis for a reason mentioned in section 24; (d) if the worker is involved in a prescribed notifiable occurrence. 28 Rail safety worker not obliged to comply with requirement in certain circumstances (1) A rail safety worker who is still on railway premises after carrying out rail safety work is not obliged to comply with a requirement made under section 127(1) of the Rail Safety National Law (NT) to submit to a blood test if: (a) the worker is not involved in a prescribed notifiable occurrence; and (b) more than 30 minutes have passed since the worker carried out the work.

Part 4 Local provisions for alcohol and drug testing Division 4 Blood sample Rail Safety (National Uniform Legislation) Act 2012 15 (2) A rail safety worker who is involved in a prescribed notifiable occurrence is not obliged to comply with a requirement made under section 127(1) of the Rail Safety National Law (NT) to submit to a blood test if: (a) more than 4 hours have passed since the worker was involved in the occurrence; or (b) the worker: (i) has completed rail safety work for the work shift and departed from his or her work location for the work shift; and (ii) was unaware of the occurrence when the worker completed work for the work shift. 29 Compulsory blood testing following a prescribed notifiable occurrence (1) If a rail safety worker suffers an injury as a result of a prescribed notifiable occurrence and, within 4 hours after the occurrence, the worker attends at, or is admitted to, a hospital or health centre to receive treatment for the injury, the person in charge of the hospital or health centre must ensure that a sample of the worker's blood is taken as soon as practicable (even though the worker might be unconscious). (2) If a rail safety worker suffers an injury as a result of a prescribed notifiable occurrence and the worker is dead on arrival at the hospital or health centre, or dies before a sample of blood has been taken, the medical practitioner who, under section 12 of the Coroners Act 1993, reports the death to a coroner must: (a) take a sample of blood from the body of the deceased or cause a sample to be taken; or (b) notify the coroner as soon as practicable that, in view of the circumstances in which the death occurred, a sample of blood should be taken from the body of the deceased. (3) The coroner, on receipt of notice under subsection (2)(b), may authorise and direct a pathologist to take a sample of blood from the body of the deceased. (4) A health practitioner is not obliged to take a sample of blood under this section if a sample of blood has previously been taken under this section by another health practitioner.

Part 4 Local provisions for alcohol and drug testing Division 5 Evidence Rail Safety (National Uniform Legislation) Act 2012 16 (5) In this section: health centre means a health centre within the meaning of the Medical Services Act 1982. hospital means premises declared under section 6(2) of the Medical Services Act 1982 to be a hospital. Division 5 Evidence 30 Use of test or analysis result in court proceedings (1) This section applies in any court proceedings in relation to a rail safety worker even if evidence is given in the proceedings that the worker consumed alcohol or a prohibited drug: (a) after the relevant time in relation to the worker; and (b) before a preliminary breath test, breath analysis, drug screening test or oral fluid analysis was conducted in relation to the worker or a sample of the worker's blood was taken. (2) If the breath analysis was conducted in relation to the person in accordance with this Part, the BrAC or BAC indicated by the analysis is taken to be the BAC of the person at the relevant time. (3) If more than one breath analysis was conducted, the lower of the BrACs or BACs indicated is taken to be the BAC of the person at the relevant time. (4) If a sample of a person's blood was taken under this Part: (a) the BAC indicated by an analysis of the sample is taken to be the BAC of the person at the relevant time; and (b) any prohibited drug detected by an analysis of the sample is taken to have been present in the person's body at the relevant time. (4A) If a sample of a rail safety worker's oral fluid is taken under this Part, any prohibited drug detected by an analysis of the sample is taken to have been present in the person's body at the relevant time.

Part 4 Local provisions for alcohol and drug testing Division 5 Evidence Rail Safety (National Uniform Legislation) Act 2012 17 (5) In this section: relevant time, in relation to a person who is a rail safety worker, means: (a) if the worker was tested for alcohol or prohibited drugs because of the worker's involvement in a prescribed notifiable occurrence – the time the occurrence happened; or (b) otherwise – the time the worker last carried out rail safety work. 30A Application for additional analysis of oral fluid sample (1) A person from whom a sample of oral fluid was taken under this Part may request the authorised analyst to whom the sample was sent to provide a portion of the sample, at the person's own expense, to a medical practitioner or laboratory nominated by the person. (2) A request under subsection (1) must be made within 6 months of the person being served with an infringement notice or a summons for an offence in relation to which the sample was taken. 31 Evidence by certificate (1) In any court proceedings, a certificate in an approved form purporting to be signed by any of the following is prima facie evidence of the matters stated in the certificate and the facts on which they are based: (a) the Commissioner of Police – certifying either of the following about a person named in the certificate: (i) the person is a police officer authorised to use a breath analysis instrument; (ii) the person is an analyst; (b) the Regulator – certifying a person named in the certificate is an analyst or authorised person; (c) an authorised person – certifying the following: (i) the apparatus used by the authorised person was a breath analysis instrument; (ii) the breath analysis instrument was in proper order and properly operated;

Part 4 Local provisions for alcohol and drug testing Division 5 Evidence Rail Safety (National Uniform Legislation) Act 2012 18 (iii) the breath analysis instrument was used in a manner that complied with this Part; (iv) a sample of the breath of a rail safety worker named in the certificate was provided for analysis using a breath analysis instrument; (v) a BrAC expressed in grams per 210 L of exhaled breath was indicated by the breath analysis instrument as being present in the breath of the rail safety worker named in the certificate on the day and at the time specified in the certificate; (vi) a BAC expressed in grams per 100 ml of blood was indicated by the breath analysis instrument as being present in the blood of the rail safety worker named in the certificate on the day and at the time specified in the certificate; (vii) a requirement imposed on the authorised person by local regulations has been complied with; (viii) an oral fluid analysis was conducted in accordance with section 10(5); (ix) an oral fluid sample of a rail safety worker named in the certificate was provided for the purpose of oral fluid analysis; (x) a prohibited drug was detected by a blood test, a drug screening test or an oral fluid analysis to have been present in oral fluid or blood of the rail safety worker named in the certificate on the day and at the time specified in the certificate;(d) a member of the staff of a hospital or health centre – certifying something arising out of the member's occupation; (e) an analyst, or a person employed by an analyst – certifying something arising out of the analyst's or person's occupation. (2) A certificate mentioned in subsection (1)(c), (d) or (e) cannot be received as evidence against a person (the defendant) in proceedings for an offence against this Part or Part 3, Division 9 of the Rail Safety National Law (NT) if: (a) a copy of the certificate has not been served on the defendant at least 7 days before the commencement of the proceedings; or

Part 4 Local provisions for alcohol and drug testing Division 6 Other matters for this Part Rail Safety (National Uniform Legislation) Act 2012 19 (b) the defendant has, at least 2 days before the commencement of the trial, given to the court written notice requiring the attendance at the trial of the person who signed the certificate; or (c) the court requires the person who signed the certificate to attend at the trial. (3) For subsection (1), the Regulator may approve forms of certificates to be used by different persons on different occasions. Division 6 Other matters for this Part 32 Reports relating to worker's refusal or failure to comply with requirement of authorised person (1) This section applies if a rail safety worker: (a) is required by an authorised person to submit to a preliminary breath test or breath analysis and the worker: (i) refuses or fails to comply with the requirement; and (ii) does not provide a sample of his or her blood as mentioned in section 20(2); or (b) is required by an authorised person to submit to a drug screening test, oral fluid analysis or to provide a sample of his or her blood and the worker refuses or fails to comply with the requirement. (2) The authorised person must, as soon as practicable, report the refusal or failure to comply with the requirement to: (a) the accredited person for whom the rail safety worker performs rail safety work; and (b) the Regulator. 33 Duty of health practitioner who takes sample (1) This section applies if a health practitioner takes a sample of a rail safety worker's blood for this Part. (2) The health practitioner must take the measures reasonably practicable in the circumstances to ensure the sample is not adulterated and does not deteriorate in a way that might prevent a proper assessment of the concentration of alcohol, or presence of a prohibited drug, by an analysis of the sample.

Part 4 Local provisions for alcohol and drug testing Division 6 Other matters for this Part Rail Safety (National Uniform Legislation) Act 2012 20 33A Analysts The Commissioner of Police or the Regulator may, in writing, authorise a person or organisation to be an analyst for the purposes of this Act. 34 Protection from liability of health practitioners and analysts A health practitioner or an analyst, or a person acting under the supervision of a health practitioner or analyst, is not criminally liable for an act done or omitted to be done by the health practitioner, analyst or person in good faith for this Part or Part 3, Division 9 of the Rail Safety National Law (NT). 35 Self-incrimination no excuse A person is not entitled to refuse or fail to comply with a requirement or direction relating to the taking of a sample of the person's breath, oral fluid or blood under this Part or Part 3, Division 9 of the Rail Safety National Law (NT) on the ground the person: (a) would or might, by complying with the requirement or direction, provide evidence that could be used against the person; or (b) consumed alcohol or a prohibited drug after the person last performed railway safety work and before the requirement or direction was made or given to him or her. 36 Local regulations (1) The Administrator may make regulations: (a) under this Part or for Part 3, Division 9 of the Rail Safety National Law (NT); or (b) that are necessary or convenient for this Part or Part 3, Division 9 of the Rail Safety National Law (NT). (2) The regulations may provide for the following: (a) the procedures for, and equipment to be used in: (i) conducting a preliminary breath test, breath analysis, drug screening test or oral fluid analysis; or (ii) taking a blood sample;

Part 5 Local repeal and transitional provisions Division 3 Transitional provisions Rail Safety (National Uniform Legislation) Act 2012 21 (b) the procedures for, and equipment to be used in, the analyses, tests or taking of samples mentioned in paragraph (a); (c) the destruction of: (i) a sample taken for this Part or Part 3, Division 9 of the Rail Safety National Law (NT); and (ii) any other forensic material taken incidentally for this Part or Part 3, Division 9 of the Rail Safety National Law (NT). Part 5 Local repeal and transitional provisions Division 1 Preliminary matters 37 Definitions In this Part: commencement day means the day on which this section commences. repealed Act means the Rail Safety Act 2010 as in force immediately before the commencement day. Division 2 Repeal 38 Repeal The Rail Safety Act 2010 (Act No. 10 of 2010) is repealed. Division 3 Transitional provisions 39 Accreditation (1) An application for accreditation, or variation of accreditation, made but not determined under the repealed Act immediately before the commencement day, is taken to be an application for accreditation, or variation of accreditation, under the Rail Safety National Law (NT) and must be determined in accordance with that Law. (2) A rail transport operator that, immediately before the commencement day, holds an accreditation under the repealed Act in respect of railway operations carried out by or on behalf of the operator is, on and after the commencement day, taken to hold an accreditation in respect of those railway operations under the

Part 5 Local repeal and transitional provisions Division 3 Transitional provisions Rail Safety (National Uniform Legislation) Act 2012 22 Rail Safety National Law (NT) subject to any conditions and restrictions that applied to the accreditation under the repealed Act immediately before the commencement day. (3) If, immediately before the commencement day, the accreditation, or part of the accreditation, of a rail transport operator has been suspended under the repealed Act, the accreditation under the Rail Safety National Law (NT) that the operator is taken to have because of subsection (2) is subject to the same suspension as applied to the accreditation under the repealed Act immediately before the commencement day. 40 Registration (1) A rail infrastructure manager of a private siding that, immediately before the commencement day, is registered under the repealed Act is, on and after the commencement day, taken to be registered under the Rail Safety National Law (NT) in respect of the private siding. (2) A registration under subsection (1) is subject to the following conditions or restrictions determined by the Regulator by notice to the relevant rail infrastructure manager: (a) any conditions or restrictions that applied to the registration under the repealed Act (whether or not they are varied by the Regulator); (b) any new conditions or restrictions determined by the Regulator. (3) A notice under subsection (2): (a) must be in writing and given to the rail infrastructure manager; and (b) if a condition or restriction has been imposed on the registration, must include: (i) the reasons for imposing the condition or restriction; and (ii) information about the right of review under Part 7 of the Rail Safety National Law (NT). 41 Police officers continue to be authorised (1) A police officer in relation to whom an breath analysis authorisation is in force immediately before the commencement day is, on and after the commencement day, taken to be authorised to use a breath analysis instrument mentioned in section 15(1)(a).

Part 5 Local repeal and transitional provisions Division 3 Transitional provisions Rail Safety (National Uniform Legislation) Act 2012 23 (2) In this section: breath analysis authorisation means an authorisation under regulation 59(1) of the Traffic Regulations 1999 to use a prescribed breath analysis instrument within the meaning of those Regulations. 42 Alleged offences against repealed Act (1) Despite the repeal effected by section 38, the repealed Act continues to apply to an offence allegedly committed against that Act before the commencement day as if that Act had not been repealed. (2) For this section, if an act or omission constituting an offence against the repealed Act is alleged to have taken place between 2 dates, one before and one on or after the commencement day, the act or omission is taken to be alleged to have taken place before the commencement day. 43 Notifiable occurrences (1) A report of a notifiable occurrence made under Part 3, Division 6 of the repealed Act immediately before the commencement day has effect as if it were a report of that occurrence made under Part 3, Division 8 of the Rail Safety National Law (NT). (2) A notifiable occurrence that is being investigated under Part 3, Division 6 of the repealed Act immediately before the commencement day continues as if it were an investigation under Part 3, Division 8 of the Rail Safety National Law (NT). 44 Notices (1) An improvement notice in force under Part 4, Division 7 of the repealed Act immediately before the commencement day continues to have force and effect as if it were an improvement notice under Part 5, Division 1 of the Rail Safety National Law (NT). (2) A prohibition notice in force under Part 4, Division 8 of the repealed Act immediately before the commencement day continues to have force and effect as if it were a prohibition notice under Part 5, Division 2 of the Rail Safety National Law (NT). 45 Reviews and appeals (1) If an application for accreditation, or variation of accreditation, has been refused under the repealed Act and the period within which the applicant could have applied for a review of the decision had that Act not been repealed has not, immediately before the commencement day, expired, the applicant may, before the expiry

Part 5 Local repeal and transitional provisions Division 3 Transitional provisions Rail Safety (National Uniform Legislation) Act 2012 24 of that period, apply for a review of the decision under the Rail Safety National Law (NT) as if the decision had been made under the Law. (2) A person who is to be granted accreditation as the result of a review of, or appeal against, a decision made under the repealed Act who has not, immediately before the commencement day, been accredited, must be granted accreditation under the Rail Safety National Law (NT) subject to any conditions and restrictions that would have applied to the accreditation under the repealed Act. 46 Provision of information and assistance by Director of Rail Safety Despite any other Act or law, the Director of Rail Safety under the repealed Act is authorised, on his or her own initiative or at the request of ONRSR: (a) to provide ONRSR with any information (including information given in confidence) in the possession or control of the Director that is reasonably required by ONRSR for the local application provisions of this Act or the Rail Safety National Law (NT); and (b) to provide ONRSR with any other assistance that is reasonably required by ONRSR to exercise a function or power under the local application provisions of this Act or the Rail Safety National Law (NT).

ENDNOTES Rail Safety (National Uniform Legislation) Act 2012 25 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Rail Safety (National Uniform Legislation) Act 2012 (Act No. 27, 2012) Assent date 6 December 2012 Commenced 20 January 2013 (Gaz G1, 2 January 2013, p 3) Emergency Management Act 2013 (Act No. 27, 2013) Assent date 8 November 2013 Commenced 27 November 2013 (Gaz S63, 27 November 2013) Statute Law Revision Act 2014 (Act No. 38, 2014) Assent date 13 November 2014 Commenced 13 November 2014 Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) Independent Commissioner Against Corruption (Consequential and Related Amendment) Act 2018 (Act No. 3, 2018) Assent date 21 February 2018 Commenced 30 November 2018 (s 2, s 2 Independent Commissioner Against Corruption Act 2017 (Act No. 23, 2017) and Gaz S94, 30 November 2018) Health Practitioner Regulation (National Uniform Legislation) and Other Legislation Amendment Act 2018 (Act No. 28, 2018) Assent date 30 November 2018 Commenced 1 December 2018 (s 2) Transport Legislation Amendment Act 2022 (Act No. 1, 2022) Assent date 1 March 2022 Commenced 4 May 2022 (Gaz S20, 29 April 2022)

ENDNOTES Rail Safety (National Uniform Legislation) Act 2012 26 Statute Law Revision and Repeals Act 2026 (Act No. 3, 2026) Assent date 9 February 2026 Commenced 10 February 2026 (s 2) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 5, 7, 8, 29, 37 and 41. 4 LIST OF AMENDMENTS s 3 amd No. 1, 2022, s 43 s 5 amd No. 27, 2013, s 128; No. 38, 2014, s 2; No. 8, 2016, s 45; No. 28, 2018, s 25; No. 1, 2022, s 44 s 7 amd No. 3, 2018, s 107 s 10 amd No. 1, 2022, s 45; No. 3, 2026, s 64 s 30 amd No. 1, 2022, s 46 s 30A ins No. 1, 2022, s 47 s 31 amd No. 1, 2022, s 48 s 33A ins No. 1, 2022, s 49 s 47 exp No. 27, 2012, s 47(6) pt 6 hdg exp No. 27, 2012, s 49 ss 48 – 49 exp No. 27, 2012, s 49 sch exp No. 27, 2012, s 49

1 Rail Safety (National Uniform Legislation) Act 2012

The Act rests on three main legal concepts: adoption of a national law into Territory statute, a locally tailored alcohol and drug testing regime for rail safety workers, and a set of mechanisms for local regulation and transitional continuity.

Adoption of a national law: Section 4 imports the Rail Safety National Law "as in force from time to time" into Territory law and declares the text to apply "as if it were a part of this Act". Generic terms are given Territory‑specific meanings in s 5. The importation includes cross‑references to other national schemes where the Act directs, for example the Health Practitioner Regulation National Law (s 5). The Act also specifies that certain Territory statutes do not apply to the Rail Safety National Law (s 7(2)) while preserving their application when a Territory entity is exercising a function under the national law (s 7(3)). The Office of the National Rail Safety Regulator is expressly not an "Agency" under the Interpretation Act for the local application provisions (s 5(2)(a)), and employees of ONRSR are not employees under the Territory's Public Sector Employment and Management Act (s 5(2)(b)).

Alcohol and drug testing framework: Part 4 contains a self‑contained scheme that constrains and operationalises the national testing powers found in sections 126-128 of the Rail Safety National Law (NT). Key definitions are localised in s 10, including analyst, BAC, BrAC, breath analysis instrument, drug screening test, oral fluid analysis and preliminary breath test. Section 11 makes clear that authorised persons' powers under the national law to require breath or drug testing are "subject to this Division". The testing scheme permits both random and non‑random testing: random testing without suspicion and non‑random testing where the authorised person forms a reasonable suspicion or a prescribed notifiable occurrence has occurred (ss 12(1)(a)-(b) and 22(1)(a)-(b)). The local rules place time limits on when a worker may be required to submit to testing after completing rail safety work: generally a 30 minute window for routine testing and a 4 hour window for tests connected to a prescribed notifiable occurrence, with exceptions where the worker departed and was unaware of the occurrence (ss 13(1)-(2), 23(1)-(2), 28(1)-(2)).

Evidentiary and procedural devices: Section 30 sets out evidential presumptions: breath analysis and blood analysis results are taken to be the person’s BAC at the "relevant time", and prohibited drugs found in blood or oral fluid taken to have been present at the relevant time. The Act defines the "relevant time" as either the time of the notifiable occurrence or, otherwise, the time the worker last carried out rail safety work (s 30(5)). Section 31 permits certificates by authorised persons, analysts, hospital staff and others to be prima facie evidence of various facts, subject to procedural limits on admission such as service and attendance requirements (s 31(2)).

Regulation-making and supervisory roles: The Commissioner of Police and the Regulator play specific roles. The Traffic Act and its machinery are imported for approval and use of oral fluid devices and preliminary breath tests (s 10(5)). The Commissioner approves tests and devices to be used; the Regulator may authorise other persons to use breath analysis instruments (s 15(1)(b)) and may approve forms of certificates (s 31(3)). The Administrator may make local regulations to flesh out procedures, equipment and destruction of samples (s 36).

Transitional continuity: Part 5 repeals the Rail Safety Act 2010 (s 38) and provides that pending accreditation and registration processes, notices and investigations continue under the national law with carry‑over of conditions, suspensions and rights of review (ss 39-46). Police authorisations to operate breath analysis instruments immediately before commencement continue (s 41).

These concepts structure who decides, when testing may occur, what is taken as evidence in court, and how the Territory integrates national rules with Territory administrative and health systems.

Primary regulated subjects are rail safety workers, accredited persons (rail transport operators and rail infrastructure managers), authorised persons under the national law and the Regulator. Secondary affected parties include hospital and health centre staff, analysts and laboratories, the Commissioner of Police and police officers, the Legislative Assembly and the Director of Rail Safety from the repealed Act.

Rail safety workers: The Act attaches obligations and potential directions to individual rail safety workers concerning alcohol and drug testing. An authorised person may require a worker to submit to preliminary breath tests, breath analyses, drug screening tests, oral fluid analyses and blood samples within the time and circumstance constraints set out in Parts 4 and 5 (see ss 11-29). Workers face duties to comply unless a statutory exception applies, for example where more than 30 minutes, or in notifiable occurrences more than 4 hours, have elapsed since work was carried out (ss 13(1), 13(2), 23(1), 23(2), 28(1), 28(2)). Workers also may request further breath analyses or request blood sampling at their own request after a breath test (ss 17, 19-20). Refusal or failure to comply triggers reporting obligations (s 32).

Accredited persons and rail transport operators: Operators must implement compliance systems to ensure their workers can be subjected to testing when lawfully directed, to receive reports of refusals or failures (s 32(2)(a) requires the authorised person to report to the accredited person), and to respond to regulator actions under the national law. Transitional provisions treat existing accreditations and suspensions as carried over to the national law (ss 39(2)-(3)) and allow the Regulator to impose conditions on registrations carried forward (s 40).

Regulator and Commissioner of Police: The Regulator is central to several levers under the local scheme. The Regulator may authorise persons to use breath analysis instruments (s 15(1)(b)), approve forms of certificates (s 31(3)), authorise persons or organisations to be analysts (s 33A), and receive reports of refusals or failures to comply (s 32(2)(b)). The Commissioner of Police approves preliminary breath tests, drug screening tests, and oral fluid devices for use under this Part, and authorises police officers to use these devices under the Traffic Act mechanics referenced in s 10(5). The Minister must table national regulations in the Legislative Assembly within three sitting days of publication or the regulations cease to apply in the Territory (s 8).

Health practitioners, hospitals and analysts: Health practitioners (medical practitioners and registered nurses, plus qualified persons) have duties when taking blood samples to prevent adulteration and deterioration (s 33). Hospital or health centre staff are obliged to ensure blood samples are taken as soon as practicable following an injury due to a prescribed notifiable occurrence if the worker presents within four hours (s 29(1)). The Commissioner of Police or the Regulator may authorise analysts (s 33A). Analysts and health practitioners are given protection from criminal liability for acts done in good faith under these provisions (s 34).

Courts and defendants: The Local Court is the court for the Rail Safety National Law in the Territory (s 5(1)). Section 30 sets evidential presumptions for test results; s 31 allows certificates to be prima facie evidence but provides defendants with procedural protections including prior service and the right to require the person who signed the certificate to attend (s 31(2)).

Entities exercising national functions: The Act clarifies that some Territory Acts do not apply to the Rail Safety National Law (s 7(2)), but that those Acts do apply where a Territory entity or its officer is exercising a function under the national law (s 7(3)). The Office of the National Rail Safety Regulator is not an "Agency" under local interpretation law and its employees are not Territory public servants as defined in the Public Sector Employment and Management Act for the local application provisions (s 5(2)(a)-(b)).

Who pays and bears cost: The Act creates several cost-bearing obligations. Accredited operators will bear compliance costs to implement testing programs, ensure authorised persons and authorised analysts are available, and manage reporting and evidentiary procedures. Individual workers may pay for additional analysis if they request a portion of their oral fluid sample be provided to a nominated laboratory (s 30A(1)). Health services and hospitals must take blood samples as required, and analysts and laboratories incur costs in testing; those costs are not directly met from the Act but arise as implementation costs to the entities that must comply.

The Act distributes duties and rights between authorised persons, rail safety workers, health practitioners and the Regulator. It places procedural constraints on testing powers and prescribes evidentiary consequences.

Authorised persons: Under ss 11 and 21 the power of an authorised person (as defined in the Rail Safety National Law (NT)) to require testing is expressly made subject to the local Divisions. Authorised persons may require workers to undergo preliminary breath tests, breath analyses, drug screening tests, oral fluid analyses and blood tests either at random without suspicion or non‑randomly where reasonable suspicion exists or where a prescribed notifiable occurrence involves the worker (ss 12(1), 22(1)). Authorised persons must not require breath or drug testing where they suspect the worker is injured and testing might be detrimental, or the worker has a disability preventing sufficient sample provision (ss 14, 24). Only authorised persons who are police officers authorised by the Commissioner of Police or persons authorised by the Regulator may operate breath analysis instruments (s 15(1)-(2)). An authorised person may require further breath analyses if reasonable in the circumstances (s 16).

Rail safety workers , rights and obligations: Rail safety workers are obliged to comply with lawful directions to submit to testing but have clearly specified limits and rights. They are not obliged to comply with testing if they remain on railway premises after work and more than 30 minutes have passed since they last carried out rail safety work unless involved in a notifiable occurrence (s 13(1), s 23(1), s 28(1)). Where involved in a prescribed notifiable occurrence, workers are not obliged to comply with testing if more than 4 hours have passed, or if they completed the shift, departed and were unaware of the occurrence (ss 13(2), 23(2), 28(2)). Workers may request further breath analysis on another sample without undue delay after being advised of the initial outcome (s 17). They may request a blood sample after breath analysis, and may request a blood sample instead of breath analysis where inability to provide breath is due to medical or physical condition; providing the blood sample in accordance with reasonable directions avoids commission of the offence in s 126(3) of the national law (ss 19-20). Workers may request, within six months of receiving an infringement notice or summons, that an oral fluid sample be provided to a nominated laboratory at their own expense (s 30A).

Health practitioners and analysts: Health practitioners who take blood samples must take measures reasonably practicable to prevent adulteration or deterioration of the sample (s 33). Analysts and health practitioners authorised under s 33A and acting in good faith enjoy criminal immunity for acts done in the course of the Part (s 34). The Commissioner of Police or the Regulator may authorise analysts to meet the testing and analysis needs (s 33A).

Reporting and evidentiary duties: An authorised person who encounters a refusal or failure to comply must report the incident to both the accredited person for whom the worker performs rail safety work and the Regulator as soon as practicable (s 32). Results of breath, blood and oral fluid testing have statutory evidentiary weight: breath analysis BrAC or BAC indicated by the instrument, and BAC from blood analysis, are taken to be the person’s BAC at the relevant time (s 30(2)-(4)); prohibited drugs detected in blood or oral fluid are taken to have been present at the relevant time (s 30(4), (4A)). Certificates signed by the Commissioner of Police, the Regulator, authorised persons, hospital staff or analysts are prima facie evidence of specified matters (s 31(1)), subject to procedural protections for defendants (s 31(2)).

Regulator and Commissioner duties: The Regulator has a range of authorising, approving and supervisory functions within the Part. The Regulator may authorise persons to use breath analysis instruments (s 15(1)(b)), approve forms of certificates (s 31(3)), and authorise persons or organisations as analysts (s 33A). The Commissioner of Police approves preliminary breath tests, drug screening tests and oral fluid devices and authorises police officers under the Traffic Act framework for device use (s 10(5)).

Legislative oversight: The Minister must table national regulations in the Legislative Assembly within three sitting days; failure to table causes such national regulations to cease applying in the Territory (s 8). The Legislative Assembly can disallow national regulations or provisions within a set window (s 9).

Protections and limitations on rights: The Act makes clear that self‑incrimination cannot be used to refuse testing; section 35 makes compliance mandatory despite the potential for evidence to be used against the person. At the same time, s 14 and s 24 protect workers whose medical condition or disability make testing potentially harmful or impossible. Health practitioners have protection from criminal liability for good faith acts done under the testing provisions (s 34).

The Act itself primarily focuses on testing powers, procedures and evidentiary rules, while enforcement and specific offences are incorporated from the Rail Safety National Law (NT) which the Act adopts (s 4). Within the local provisions, the Act establishes mechanisms that drive enforcement through evidentiary rules, reporting obligations and the interaction with national offences.

Statutory evidential presumptions: Section 30 is a central enforcement tool. It provides that BrAC and BAC indicated by breath analysis and BAC and prohibited drugs detected by analysis of blood and oral fluid are taken to be the person’s BAC or presence of a prohibited drug at the relevant time. This statutory deeming removes the need for expert reconstruction of past intoxication in many cases and directly supports prosecution of national offences under the Rail Safety National Law (NT). When more than one breath analysis is conducted, the lowest reading is taken to be the BAC at the relevant time (s 30(3)). These presumptions shift evidential burdens and are a primary mechanism for enforcement.

Certificates as prima facie evidence: Section 31 enables enforcement by facilitating proof. Certificates signed by authorised persons, the Commissioner of Police, the Regulator, hospital staff or analysts are prima facie evidence of the matters stated and the facts on which they are based (s 31(1)). The Act limits admission if the certificate has not been served seven days before proceedings or if the defendant gives notice requiring the signatory to attend, or the court requires attendance (s 31(2)). The availability of certificates reduces forensic and court costs for prosecutors but preserves procedural protections for defendants.

Reporting obligations and administrative consequences: Section 32 requires authorised persons to report refusals or failures to comply to the accredited person and the Regulator as soon as practicable. These reports feed the Regulator’s oversight powers under the national law, including potential regulatory action against accreditations, conditions or suspensions. The Act carries forward improvement and prohibition notices from the repealed Act into the national regime (s 44), and transitional provisions preserve rights of review and appeal for accreditation and registration decisions (ss 39-46).

Compulsory blood sampling after notifiable occurrences: Section 29 makes hospital staff responsible for ensuring a blood sample is taken as soon as practicable from an injured rail safety worker who attends within four hours of a prescribed notifiable occurrence. If the worker is dead on arrival or dies before sampling, the medical practitioner reporting the death to the coroner must take or arrange a blood sample or notify the coroner (s 29(2)). The coroner may authorise a pathologist to take the sample (s 29(3)). These mandatory sampling rules create a near-automatic evidence-gathering process following serious incidents.

Immunity for practitioners: Section 34 provides criminal immunity for health practitioners and analysts acting in good faith under these provisions. That removes a potential barrier to sample collection and analysis by reducing personal criminal liability risk for those following Part 4 requirements.

Self-incrimination: Section 35 removes a common law or statutory excuse not to comply on grounds of self‑incrimination. A person cannot refuse to submit to testing because the evidence could be used against them, or because they consumed alcohol or drugs after their last rail work and before testing. That closes a civil liberties avenue and directly assists enforcement.

Disallowance and tabling of national regulations: Administrative enforcement can be affected by the political oversight mechanics. The Minister must table national regulations in the Legislative Assembly within three sitting days or the regulations cease to apply in the Territory (s 8). The Assembly may disallow national regulations within a set period (s 9). These procedural controls can suspend or terminate particular regulatory instruments that give effect to enforcement powers.

Penalties in the national law: The Act imports the national law, which is the source of specific offences, penalties and enforcement powers such as prohibitions, improvement notices and accreditation sanctions. The Act does not restate those offence provisions, but the evidential and procedural machinery in the local provisions is designed to enable enforcement under the national law.

Practical enforcement consequence: The combination of statutory presumptions, automatic hospital sampling, report obligations and certificate evidence creates a practical system that tends to expedite and simplify prosecutions under the national law. The Act does not specify fines or imprisonment in the local provisions; those remain vested in the national law adopted by s 4.

The Act is heavily cross‑referential and designed to sit alongside national and Territory instruments. It imports the Rail Safety National Law (s 4) and aligns certain operative terms to Territory law (s 5). It also embeds mechanics from other statutory regimes.

Interaction with the Rail Safety National Law: The Rail Safety National Law (NT) is the substantive regulatory regime for accreditation, registration, notices, offences and the powers of authorised persons. This Act sets local rules that qualify certain testing powers in the national law (ss 11, 21) and provides local procedural and evidential rules that operate in national law proceedings (s 30, s 31). The Act also carries forward improvement and prohibition notices and investigation continuity from the repealed Act into the national law framework (ss 44, 43).

Traffic Act and Traffic Regulations: The local oral fluid analysis and drug screening test regime is linked to the Traffic Act and Traffic Regulations. Section 10(5) requires that an approved device for oral fluid analysis be one approved by the Commissioner of Police under s 27B(1) of the Traffic Act 1987, that the device be used by persons authorised under the Traffic Act or the Regulator, and that analysis follow procedures prescribed under the Traffic Act. Similarly, preliminary breath tests and breath analysis instruments are devices the Commissioner of Police approves and authorises police officers to use, with the Regulator authorising other persons under s 15. That linkage makes vehicle-based forensic device standards and police authorisation processes part of the rail testing scheme.

Health Practitioner Regulation National Law and medical regulatory frameworks: Section 5(1) defines medical practitioner and registered nurse by reference to the Health Practitioner Regulation National Law as in force and as applied in the Territory. Health practitioners taking blood samples under Part 4 are therefore practitioners registered under that national scheme, which informs professional standards and disciplinary frameworks applicable to medical staff who sample and certify blood.

Coroners Act: Where a rail safety worker dies in relation to a prescribed notifiable occurrence, the medical practitioner who must report the death to the coroner is required to take or arrange for a blood sample or notify the coroner that a sample should be taken (s 29(2)). The coroner may then authorise a pathologist to take a sample (s 29(3)). This creates a procedural overlap with coronial investigations and the obligations of medical practitioners under the Coroners Act 1993.

Territory administrative and procurement laws: Section 7(2) lists Territory Acts that do not apply to the Rail Safety National Law or instruments made under it, including the Audit Act 1995, Financial Management Act 1995, certain provisions of the Information Act 2002, the Ombudsman Act 2009, Procurement Act 1995, Public Information Act 2010 and the Public Sector Employment and Management Act 1993. However, s 7(3) clarifies that those Acts apply to a Territory entity, or an officer or employee of the entity, exercising a function under the Rail Safety National Law. The Office of the National Rail Safety Regulator is not an Agency under the Interpretation Act for the local application provisions and its employees are not employees under the Public Sector Employment and Management Act (s 5(2)). This creates a nuanced interaction: some accountability, procurement and information regimes are excluded while being re-applied where a Territory entity or officer is involved.

Traffic Regulations and device standards: Because oral fluid devices and preliminary breath instruments are defined and approved via Traffic Act mechanics, device standards, maintenance and training regimes specified under traffic law will govern some rail testing practices, including approved procedures for proper use (s 10(5)).

Corollary evidence and criminal procedure: Section 31 permits certificates by named officeholders to be admitted as prima facie evidence subject to service and attendance rules. This interacts with the Territory’s criminal procedure and rules of evidence administered in the Local Court (which is the court for the Rail Safety National Law in the Territory under s 5(1)). The Local Court’s rules on subpoenas, witness attendance and the right to challenge expert evidence will interact with these statutory certificates.

Repealed Rail Safety Act and transitional carry across: The Act expressly repeals the Rail Safety Act 2010 (s 38) and preserves ongoing accreditations, registrations, notices and investigations by treating them as carried over under the national law (ss 39-45). That ensures continuity but subjects previously local arrangements to the national law’s mechanics subject to conditions the Regulator may impose on registrations (s 40).

Legislative oversight of national regulations: The tabling and disallowance provisions (ss 8-9) create a direct interface between the national regulations and Territory parliamentary oversight. Failure to table national regulations causes them to cease in the Territory (s 8(2)), and the Legislative Assembly can disallow national regulations within a specified sitting-day window (s 9).

Evidence preservation and sample destruction: Section 36 authorises local regulations dealing with procedures and equipment for tests and analysis and for destruction of samples and incidental forensic material. Those local regulations will interact with privacy laws, evidence retention rules and potentially coronial rules where notifiable occurrences involve fatalities.

In short, the Act overlays the national rail safety regime with Territory procedural rules for testing, links rail testing to Traffic Act device standards, situates health practitioners within national registration frameworks, and creates selective carve-ins and carve-outs from Territory administrative law. Practitioners need to trace decision-making chains across the Rail Safety National Law, the Traffic Act, health regulation, coronial provisions and the Local Court rules to understand the full legal dynamics.

The Act’s endnotes set out its legislative timeline and recorded amendments up to the reprint date. The Act received assent on 6 December 2012 and commenced 20 January 2013 (Endnotes 2). Several Territory Acts subsequently amended provisions of this Act; the endnotes list titles, assent dates and commencement dates for those amending Acts.

Key amending instruments recorded in the endnotes include:

Emergency Management Act 2013 (Assent 8 November 2013), commenced 27 November 2013 (Endnotes 2).
Statute Law Revision Act 2014 (Assent 13 November 2014), commenced 13 November 2014 (Endnotes 2).
Local Court (Related Amendments) Act 2016 (Assent 6 April 2016), commenced 1 May 2016 (Endnotes 2).
Independent Commissioner Against Corruption (Consequential and Related Amendment) Act 2018 (Assent 21 February 2018), commenced 30 November 2018 (Endnotes 2).
Health Practitioner Regulation (National Uniform Legislation) and Other Legislation Amendment Act 2018 (Assent 30 November 2018), commenced 1 December 2018 (Endnotes 2).
Transport Legislation Amendment Act 2022 (Assent 1 March 2022), commenced 4 May 2022 (Endnotes 2).
Statute Law Revision and Repeals Act 2026 (Assent 9 February 2026), commenced 10 February 2026 (Endnotes 2).

The endnotes list specific section amendments and insertions. Notable changes recorded in the list of amendments (Endnotes 4) include:

s 3 amended by No. 1, 2022, s 43.
s 5 amended by No. 27, 2013, s 128; No. 38, 2014, s 2; No. 8, 2016, s 45; No. 28, 2018, s 25; No. 1, 2022, s 44.
s 7 amended by No. 3, 2018, s 107.
s 10 amended by No. 1, 2022, s 45; No. 3, 2026, s 64.
s 30 amended by No. 1, 2022, s 46.
s 30A inserted by No. 1, 2022, s 47.
s 31 amended by No. 1, 2022, s 48.
s 33A inserted by No. 1, 2022, s 49.
A number of initial transitional provisions and parts are noted as expiring or having expired as originally drafted (Endnotes 4, mention of s 47 expiring and parts expiring).

The endnotes state general amendments of a formal nature made by the Interpretation Legislation Amendment Act 2018 to a number of sections (Endnotes 3). The detailed list in Endnotes 4 enables practitioners to map which parts of the Act have been substantively changed and which have undergone formal amendment.

The reprint includes the updated text "As in force at 10 February 2026", indicating it reflects amendments up to the commencement of the Statute Law Revision and Repeals Act 2026 (commenced 10 February 2026). The Act preserved continuity for accreditations and regulatory processes when transitioning from the repealed Rail Safety Act 2010 (ss 38-46), and specific transitional provisions carry accreditations, registrations, notices and investigations across to the national law framework.

Because the Act adopts a national law "as in force from time to time" (s 4), the practical legal regime in the Territory is also affected by amendments to the Rail Safety National Law made at a national level. The Act requires tabling of national regulations in the Legislative Assembly (s 8) and allows the Assembly to disallow national regulations (s 9), creating a point of interface between national amendment activity and Territory parliamentary oversight.

For practitioners, the endnotes provide the necessary index to identify which sections were altered by which amending instruments and the dates of those amendments. When advising, confirm whether subsequent national amendments to the Rail Safety National Law are in force in the Territory, given the Act’s adoption mechanism (s 4) and the tabling/disallowance procedures (ss 8-9).

The Act text supplied contains no reported judicial decisions or litigation annotations. The statutory material includes evidentiary mechanics that are inherently litigable, but the reprint’s endnotes do not list any cases or judgments. Section 4 imports the Rail Safety National Law as the substantive law; any Territory litigation arising under the national law would be heard in the Local Court, because section 5(1) localises the term court to mean the Local Court.

Although no cases are named or summarised in the Act, the provisions anticipate courtroom disputes in a number of specific areas where litigation is likely to arise:

Evidentiary weight of test results: Section 30 deems BrAC, BAC and prohibited drugs detected by authorised tests to be the person’s BAC or presence of drugs at the relevant time. Litigation is likely to focus on admissibility, chain of custody, instrument maintenance and calibration, conformity with local regulations, and challenges to the "as taken" presumption, especially where a defendant alleges post-test consumption, sample contamination or procedural noncompliance. Section 31 creates a statutory certificate process as prima facie evidence, but subsection (2) protects a defendant’s right to require the signatory to attend, which is a standard locus of case preparation and evidentiary disputes.
Procedural compliance by authorised persons and health practitioners: The Act’s requirements on authorised persons to avoid directing injured or disabled persons to test (ss 14, 24), on health practitioners to preserve sample integrity (s 33), and on authorised persons to report refusals or failures to the Regulator and accredited person (s 32) create administrative duties that may feed into civil or administrative litigation, review of regulator decisions, or mitigation arguments in criminal prosecutions.
Compulsory blood sampling and coronial interaction: Sections 29(1)-(3) require compulsory blood sampling for injured workers after prescribed notifiable occurrences and coordinate with coronial functions where death occurs. Litigation may arise around the coroner’s authorisation of post mortem samples, the adequacy of notice to next of kin, or disputes about whether sampling complied with statutory directions.
Claims of unlawful direction or overreach: Certain testing powers are qualified by time windows and worker status. Disputes could arise where an employer, authorised person or regulator asserts power outside the windows set in ss 13, 23 and 28, or where an authorised person attempts to require testing contrary to ss 14 or 24 concerning injury or disability.
Administrative law challenges to regulator action and national regulations: The Act creates a mechanism for the Legislative Assembly to disallow national regulations (s 9) and requires tabling of national regulations (s 8). While the Act itself does not set out judicial review procedures, actions taken under the Rail Safety National Law (NT), including decisions on accreditation, registration restrictions under s 40(2), and authorisations, may be subject to review avenues contained in the national law. Section 45 preserves rights of review and appeal for matters arising under the repealed Act where timelines remained open at commencement, which is a transitional litigation locus.

Because the reprint does not provide case law, practitioners must review the Local Court’s and higher courts’ jurisdictions’ decisions on the imported national law to understand how courts have interpreted statutory presumptions, certificates, and procedural protections. The text anticipates disputes by preserving defendant procedural protections in s 31(2) and by limiting compulsory testing where injury or disability may be present (ss 14, 24). Absent reported decisions in the Act text, those statutes mark likely areas of litigation rather than existing litigation history.

The Act contains several technical traps for regulators, employers and practitioners. These are concrete mechanics that should be flagged because they produce practical consequences that may not be obvious on first reading.

Tabling deadline and automatic cessation of national regulations: Section 8 requires the Minister to table national regulations in the Legislative Assembly within three sitting days of publication under the national law. If the Minister fails to table them within that timeline, the national regulations that have not been tabled "cease to apply as laws of this jurisdiction" (s 8(2)). That means a procedural misstep by the Minister can remove the operation of national regulations in the Territory, potentially leaving gaps in standards or procedures that the local testing regimes rely upon.

Legislative disallowance window: National regulations may be disallowed by the Legislative Assembly within a relatively short window after tabling; s 9 allows a resolution disallowing the regulations if notice is given within 12 sitting days after tabling. Disallowance revives earlier provisions the disallowed regulations amended or repealed (s 9(2)), which can create immediate legal uncertainty about which regulatory text governs.

BrAC to BAC conversion relies on local regulations: Section 10(4) says that if a breath analysis instrument gives a result expressed as BrAC, the result is taken to be expressed as BAC of "a corresponding numerical value as mentioned in local regulations". If local regulations do not correctly specify the conversion factors or if there is a mismatch between device output and local conversion rules, the statutory presumption in s 30 could be undermined. Practitioners must verify that conversion tables in local regulations are accurate and aligned with device calibration.

Device and device‑operator approvals are split across regimes: Oral fluid devices must be approved under the Traffic Act (s 10(5)(a)), and breath analysis instruments may be used by police authorised under Traffic Act mechanics or by persons authorised by the Regulator (s 15). This split means rail operators must coordinate with police and the Regulator for device authorisation and operator training. If a breath analysis instrument is unavailable because no authorised person is present, the Act allows blood sampling in lieu (s 26(3) example 1), but that substitution has logistical and consent implications.

Time windows for compelling tests are narrowly framed: Multiple provisions create strict windows in which workers are obliged to submit to tests. For routine testing the worker on site is not obliged to comply if more than 30 minutes have passed since last performing rail safety work (s 13(1), s 23(1), s 28(1)). In notifiable occurrences the cut‑off is four hours (s 13(2)(a), s 23(2)(a), s 28(2)(a)). The worker may avoid testing if they had finished a shift and departed and were unaware of the occurrence (s 13(2)(b), s 23(2)(b), s 28(2)(b)). Failure to observe these time windows may render a requirement unlawful.

Worker‑requested analysis at own expense: Section 30A allows a person from whom oral fluid was taken to request a portion of the sample be sent to a nominated medical practitioner or laboratory "at the person's own expense", and the request must be made within six months of being served with an infringement notice or a summons. Workers who delay beyond six months lose this right. Failure to inform workers of this mechanism could impact defence strategy.

Certificate service rules and witness attendance: Section 31(2) presents a procedural pitfall. A certificate cannot be received as evidence in proceedings against a person unless the copy was served on the defendant at least seven days before proceedings, or the defendant gave at least two days' written notice requiring attendance of the person who signed the certificate, or the court requires attendance. If prosecution relies on certificates but fails to comply with these service timing rules, the evidence may be excluded or require witness attendance, generating logistical issues.

Definition of "relevant time": The evidentiary presumptions in s 30 rely on the "relevant time" which is either the time of the notifiable occurrence or the time the worker last carried out rail safety work (s 30(5)). That makes accurate workplace time records and incident timing crucial. Ambiguity about when a worker last performed rail safety work can materially affect admissibility and outcome.

Office of the National Rail Safety Regulator not an Agency: Section 5(2)(a) expressly states the Office is not an Agency as defined in the Interpretation Act 1978 for the local application provisions, and its employees are not employees for the Public Sector Employment and Management Act (s 5(2)(b)). That can alter accountability, FOI or employment law consequences for those performing functions under the national law in the Territory, and may create unexpected governance gaps for practitioners relying on standard Territory administrative frameworks.

Hospital obligations and unconscious patients: Section 29(1) requires the person in charge of a hospital or health centre to ensure a blood sample is taken "as soon as practicable" if a worker attends within four hours after a prescribed notifiable occurrence, even if unconscious. While s 34 provides criminal immunity for health practitioners acting in good faith, the requirement raises consent and clinical governance issues that hospitals must manage.

Transitional power for the Regulator to impose conditions on registrations: Section 40(2) allows the Regulator to impose conditions or restrictions on registrations carried over from the repealed Act; notices must specify reasons and review rights. This is a mechanism that can alter parties' rights under pre‑existing registrations without legislative amendment, so practitioners must watch for Regulator notices.

No double jeopardy carve-in: Section 6 prevents proceedings being brought in the Territory where the person has been convicted or found guilty in a participating jurisdiction for an offence that substantially corresponds to the NT offence. Parties with multi‑jurisdictional activity need to track whether related prosecutions in other jurisdictions could block Territorial proceedings.

These "gotchas" are statutory mechanics that produce real implementation, evidentiary and governance risks. Compliance systems and legal advice should map these specifics to operational practice.

Compliance requires coordinated legal, operational, training and recordkeeping measures across employers, authorised persons, health practitioners and analysts. The Act creates a layered set of obligations under Part 4 and ongoing duties under the national law. Practical steps follow directly from the statutory provisions.

Establish a written testing policy aligned to both the Rail Safety National Law (NT) and the local Part 4 rules. The policy must distinguish random testing from non‑random testing, articulate the time windows for testing (30 minutes routine; up to 4 hours for prescribed notifiable occurrences), and specify how the organisation will identify the "relevant time" for each worker (s 12, s 13, s 22, s 23, s 30(5)).
Authorise and train persons to operate devices in compliance with s 15 and s 10(5). Ensure that breath analysis instruments and oral fluid devices used are those prescribed by local regulations and approved by the Commissioner of Police under the Traffic Act where required (s 10(5), s 15(1)). Maintain authorisations in writing from the Regulator for non‑police authorised users and ensure police counterpart authorisations remain current (s 15(1)(a)-(b), s 41).
Use approved devices and follow approved procedures. Local regulations authorised under s 36 may prescribe procedures for conducting preliminary breath tests, breath analysis, drug screening tests and oral fluid analysis and the equipment to be used. Ensure test operators follow Traffic Act procedures for oral fluid devices as required by s 10(5)(c).
Create clear processes for blood sampling. The Act permits blood sampling in multiple circumstances (ss 25-29). Train qualified persons and ensure hospitals and health centres are aware of their obligation to take blood "as soon as practicable" for injured workers who present within four hours of a prescribed notifiable occurrence (s 29(1)). Maintain chain of custody documentation and ensure health practitioners take measures to prevent sample adulteration and deterioration (s 33).
Identify and authorise analysts. The Commissioner of Police or the Regulator may authorise persons or organisations as analysts (s 33A). Contract with authorised laboratories and document the authorisations and competence standards. Ensure analysts understand that certificates they sign may be admitted as prima facie evidence and that defendants have service and attendance rights under s 31(2).
Prepare paperwork and service procedures for certificates. Section 31 certificates are prima facie evidence but may be excluded if the defendant has not been served at least seven days before proceedings or gives notice requiring the signatory to attend. Implement protocols to serve certificates on respondents in a timely way and retain delivery proofs (s 31(2)).
Maintain incident timing and attendance records. The "relevant time" concept in s 30 makes accurate records of when a worker last performed rail safety work essential. Record start and end times of shifts, location of departure, and any notices to workers about incidents to preserve or challenge evidentiary presumptions.
Manage refusal and failure reporting. Under s 32 an authorised person must report refusals or failures to the accredited person and the Regulator "as soon as practicable". Implement forms and immediate reporting workflows that meet that standard and retain copies for regulatory review.
Inform workers of rights and obligations. Workers should be informed about when they may be required to submit to tests, the time limits that may apply, their right to request further breath analysis or a blood sample in defined circumstances (ss 17, 19-20), and the limited nature of the right to additional oral fluid analysis at the worker’s expense and limited time window (s 30A).
Coordinate with hospitals and coronial clinicians. Hospitals and health centres must take samples for notifiable occurrences where a worker attends within four hours (s 29). Operators should have MOUs or protocols with local hospitals to ensure rapid sampling, correct chain of custody, and clear lines for notification to the Regulator and the coroner where relevant.
Monitor national regulations and legislative oversight. Because the Act imports the Rail Safety National Law and requires the Minister to table national regulations within three sitting days (s 8), operators and advisers must track both national regulatory changes and their tabling status in the Legislative Assembly to ensure continued regulatory validity. Disallowance could affect the availability of a regulatory instrument relied upon operationally (s 9).
Ensure compliance with exclusion and carve‑back rules. Be aware of the interplay in s 7 which excludes certain Territory Acts from applying to the national law but re-applies them where a Territory entity or officer exercises a function under the national law (s 7(3)). This affects procurement, information access and auditing obligations where Territory entities are involved. Legal counsel should map which procedural Acts apply to any given function.
Legal preparedness for enforcement. Given the statutory evidentiary presumptions in s 30 and the certificate mechanics in s 31, maintain records of device maintenance, operator training and calibration logs, chain of custody logs for samples, and contemporaneous incident reports to defend accuracy and procedure if matters proceed to the Local Court.
Budget for testing and analysis costs. Employers should budget for equipment, training, analyst fees and potential worker‑requested additional analysis under s 30A. Where workers request additional analysis, establish procedures to receive, process and verify payment and timely transmission of sample portions to nominated labs.
Keep abreast of amendments and transitional notices. Track the list of amendments recorded in the endnotes and any Regulator notices under transitional provisions, especially where the Regulator may impose conditions on registrations carried forward from the repealed Act (s 40(2)). Ensure internal compliance systems can adapt to conditions imposed by the Regulator.

Following these steps will help entities satisfy statutory duties and manage the evidentiary and procedural risks posed by the Act’s testing regime. Legal advice should be sought when implementing policies affecting workers’ rights, hospital interactions and cross‑jurisdictional enforcement questions.

Rail Safety (National Uniform Legislation) Act 2012

Plain English Summary

Deep Dive

What it does

Current sections

Rail Safety (National Uniform Legislation) Act 2012

Source text: opening excerpt

1 Rail Safety (National Uniform Legislation) Act 2012

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply