Australian Capital Territory Numbered Acts

RAIL SAFETY NATIONAL LAW (ACT) ACT 2014 (NO. 14 OF 2014) - SECT 37

    (1)     Subsection (3) applies if—

        (a)     the following applies:

              (i)     an authorised person requires the worker to submit to a blood test under the Rail Safety National Law (ACT) , section 127 (Authorised person may require drug screening test, oral fluid analysis and blood test);

              (ii)     the worker refuses to comply with the requirement or a reasonable direction in relation to the requirement; or

        (b)     the worker fails to comply with section 27 (3) (Requirement to take blood test in hospital after prescribed notifiable occurrence).

Note     Fail includes refuse (see Legislation Act

, dict, pt 1).

    (2)     Also, subsection (3) applies if—

        (a)     a doctor or nurse is required under section 27 (2) (Requirement to take blood test in hospital after prescribed notifiable occurrence) to take a blood sample from the worker; and

        (b)     the worker behaves in a way that makes it impossible or impractical for the sample to be taken.

    (3)     The rail safety worker is taken to have committed an offence against the Rail Safety National Law (ACT) , section 127 (3).

    (4)     It is a defence to a prosecution for an offence against the Rail Safety National Law (ACT) , section 127 (3) if the defendant proves that the failure was based on—

        (a)     religious or other conscientious grounds; or

        (b)     medical grounds.