Western Australian Repealed Regulations

This legislation has been repealed.

RAIL SAFETY REGULATIONS 1999 - REG 24

24 .         Defences

        (1)         It is a defence to a prosecution under regulation 23 that —

            (a)         the requirement or direction to which the prosecution relates was not lawfully made; or

            (b)         there was, in the circumstances of the case, good cause for the failure of the defendant to comply with the requirement or direction.

        (2)         For the purpose of subregulation (1)(b), a physical or medical condition of the defendant is not a good cause for the failure of the defendant to comply with a requirement or direction unless —

            (a)         a sample of the defendant’s blood or urine was taken in accordance with regulation 21;

            (b)         the defendant offered to provide a blood or urine sample under regulation 19(c); but —

                  (i)         the authorised person failed to arrange for the sample to be taken; or

                  (ii)         a medical practitioner was not reasonably available to take the sample;

                or

            (c)         the taking of a sample of the defendant’s blood or urine under regulation 21 was not possible, reasonably advisable, or practicable in the circumstances by reason of a physical or medical condition of the person.

        (3)         It is not a defence to a charge under regulation 23 of failing to comply with a requirement or direction that —

            (a)         the defendant may, by complying with that requirement or direction, furnish evidence that could be used against the defendant; or

            (b)         the defendant consumed alcohol or a drug after the defendant last performed railway safety work and before the requirement was made or the direction given.