Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies if the court hearing a charge for an offence against the Rail Safety National Law (ACT) , section 128 arising out of the carrying out of a breath analysis or the taking and analysis of a sample of blood of a rail safety worker is not satisfied that there has been compliance with every provision (a rail safety testing provision ) of this Act relating to the carrying out of the breath analysis or the taking and analysis of the sample of blood.
Note A reference to this Act includes a reference to the statutory instruments made or in force under this Act, including a regulation (see Legislation Act
, s 104).
(2) The court must dismiss the charge unless satisfied that despite the failure to comply with a rail safety testing provision the result obtained in the breath analysis, or the blood sample analysis, would have been the prescribed concentration for the rail safety worker.