Tasmanian Numbered Acts

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RAIL SAFETY ACT 2009 (NO. 64 OF 2009) - SECT 64

Testing for drugs and alcohol
(1)  For the purposes of this section –
applicable provisions means –
(a) Part I of the Road Safety (Alcohol and Drugs) Act 1970 ; and
(b) Part II, Division 2 (including section 14 ) of that Act; and
(c) Part III of that Act –
as in force from time to time.
(2)  Without limiting the application of the Road Safety (Alcohol and Drugs) Act 1970 to a rail safety worker otherwise than by virtue of this section, the applicable provisions of the Road Safety (Alcohol and Drugs) Act 1970 , with the appropriate modifications, apply to, and in relation to, a rail safety worker on duty or carrying out, or attempting to carry out, rail safety work.
(3)  The appropriate modifications of the applicable provisions of the Road Safety (Alcohol and Drugs) Act 1970 are as follows:
(a) in section 2(1) of those provisions, in the definition of "prescribed concentration" , the words "0.05 of a gram" are to be taken to be the words "0.00 of a gram" ;
(b) a reference in the applicable provisions, in relation to a person, to the relevant time in relation to a test, an examination or requirement or direction to submit to the taking of a sample is to be taken, despite section 2(3A) of those provisions, to be a reference to the time the person was required or directed to undertake the test, medical examination or to submit to the taking of the sample;
(c) a reference in the applicable provisions to –
(i) a driver; or
(ii) the driving of a vehicle or a motor vehicle; or
(iii) a person driving, who drove, or who has driven, a motor vehicle on a public street –
is to be taken to be a reference to a rail safety worker on duty or carrying out, or attempting to carry out, rail safety work;
(d) a reference in the applicable provisions, (apart from section 10 ) to a police officer or an approved operator is to be taken to include a reference to a rail safety officer;
(e) a matter, thing or person that or who is prescribed or approved for the purposes of that Act is to be taken to be prescribed or approved, respectively, for the purposes of the applicable provisions as they apply by virtue of this section;
(f) sections 7D , 8 and 8A of the applicable provisions do not, by reason only of this section, apply to a rail safety worker on duty or carrying out, or attempting to carry out, rail safety work;
(g) in section 9(1) of the applicable provisions, the words "a person drove a motor vehicle in a public street while he was in such a condition as to be incapable of driving that vehicle without risk of danger to other persons" are to be taken to be the words "a rail safety worker on duty or carrying out, or attempting to carry out, rail safety work is incapable of undertaking a function or duty of a rail safety worker" ;
(h) section 10(8) of the applicable provisions does not, by reason only of this section, apply to a rail safety worker attending his or her work as a rail safety worker;
(i) in section 10A(1) of the applicable provisions, the words "driver of a vehicle" are to be taken to be omitted;
(j) section 10A(1A) of the applicable provisions does not, by reason only of this section, apply to a rail safety worker attending his or her work as a rail safety worker;
(k) section 22(2) of the applicable provisions is to be taken to include a reference to all offences under this Act.


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