Queensland Consolidated Acts

RAIL SAFETY NATIONAL LAW (QUEENSLAND) ACT 2017 - SECT 29

29 Direction to provide additional specimens of breath, saliva or blood

(1) Subsection (2) applies if the rail safety worker is directed under section 28 (1) by an authorised person to provide a specimen of the worker’s breath or saliva for analysis.

(2) The authorised person may direct the rail safety worker to provide additional specimens of breath or saliva to enable the analysis to be carried out if—

(a) the worker fails to provide a sufficient specimen for analysis; or

(b) the worker provides a sufficient specimen for analysis but—

(i) the instrument used for the analysis is or becomes defective precluding its satisfactory operation to analyse the specimen of breath or saliva; or

(ii) for any reason, it is not possible to use or continue using the instrument to conduct the analysis; or

(iii) if the worker provides a specimen of breath—the instrument indicates the presence of alcohol or some other substance in the worker’s mouth; or

(iv) for any other reason, it is not possible to complete the analysis.

(3) Subsection (4) applies if the rail safety worker is directed under section 28 (1) by an authorised person to provide a specimen of the worker’s blood for a laboratory test.

(4) The authorised person may direct the rail safety worker to provide additional specimens of blood to enable the laboratory test to be carried out if the worker fails to provide the specimen required for the test.

(5) The authorised person may direct the rail safety worker to comply with any reasonable requirement for the purpose of providing an additional specimen under subsection (2) or (4) .

(6) This section does not limit section 34 or 35 .

Note—

See also sections 34 to 36 and 56 and the national law, sections 126 (3) and 127 (3) for provisions about compliance with a direction given under this section.