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