Western Australian Current Acts Western Australian Current Acts
TABLE OF PROVISIONS
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Terms used
4. Act binds Crown
PART 2 -- Rail Safety National Law
Division 1 -- Application of Rail Safety National Law
5. Application of National Law as law of the State
6. Commencement of National Law as law of the State
7. Tabling amending Acts
8. Disallowance of amending Acts
9. Commencement of provisions of amending Acts
10. Amending Acts enacted after 20 June 2023 but before commencement day
11. Tabling of amending Act taken to be publication for Standing ORDER s
Division 2 -- Application of Rail Safety National Regulations
12. Application of National Regulations as subsidiary legislation
13. National Regulations made under amending Act provision
14. National Regulations made under or for purposes of amending Act
15. Publication of National Regulations
16. Tabling and disallowance of National Regulations
17. Interpretation Act 1984 s. 41 and 42 do not apply to Rail Safety National Regulations (WA)
Division 3 -- Miscellaneous
18. Meaning of generic terms in Rail Safety National Law (WA) for purposes of this jurisdiction
19. No double jeopardy
20. Exclusion of legislation of this jurisdiction
PART 3 -- Local provisions for alcohol and drug testing
Division 1 -- Preliminary
21. Terms used
22. Using breath sample to work out blood alcohol content
Division 2 -- Alcohol testing
23. Power to require rail safety worker to submit to preliminary breath test or breath analysis
24. When preliminary breath test or breath analysis may be required
25. When rail safety worker is not obliged to comply with requirement
26. When authorised person must not require rail safety worker to submit to breath test
27. Conduct of breath analysis
28. Further breath analysis
29. Breath analysis indicates prescribed BAC
Division 3 -- Drug testing
30. Power to require rail safety worker to submit to drug test
31. When drug screening test or oral fluid analysis may be required
32. When rail safety worker not obliged to comply with requirement to submit to drug test
33. When authorised person must not make drug testing requirement
34. Conduct of drug screening test or oral fluid analysis
Division 4 -- Blood tests
35. Power to require rail safety worker to submit to blood test
36. When blood test may be required after preliminary breath test or breath analysis
37. When blood test may be required after drug test or notifiable occurrence or as alternative to drug test
38. Blood test may be required if breath test, breath analysis or drug test fails to explain conduct, condition or appearance
39. When rail safety worker is not obliged to comply with requirement to submit to blood test
40. Authorisation to take blood sample: injured rail safety worker treated at hospital after notifiable occurrence
41. Authorisation to take blood sample: rail safety worker deceased after notifiable occurrence
Division 5 -- Evidence
42. Term used: relevant time
43. Use of test or analysis result in court proceedings
44. No evidence of breath or blood alcohol content obtained from particular breath tests
45. Evidence by certificate
Division 6 -- Other matters
46. Delegation by Commissioner of Police
47. Local regulations
PART 4 -- Repeals and transitional provisions
Division 1 -- Repeals
48. Written laws repealed
Division 2 -- Transitional provisions
49. Terms used
50. Application of Interpretation Act 1984
51. References to the Law and this Law
52. Existing applications for accreditation or registration
53. Existing right of review
54. Existing right of appeal
55. Undecided review or appeal
56. Transitional regulations
PART 5 -- Consequential amendments
57. Government Railways Act 1904 amended
2A. Relationship of this Act to Rail Safety National Law (WA) 1
58. Various references to “Rail Safety National Law (WA) Act 2015” amended
Defined terms
An Act —
• to apply
the Rail Safety National Law (with modifications) as a law of the State; and
• to repeal the Rail Safety National Law (WA)
Act 2015, the Rail Safety National Law (WA) (Alcohol and Drug
Testing) Regulations 2015 and the Rail Safety National Law (WA)
Regulations 2015; and
• to make consequential
amendments to various other Acts; and
• for related
purposes.