Queensland Consolidated Acts

RAIL SAFETY NATIONAL LAW (QUEENSLAND) ACT 2017 - SECT 31

31 Time limit on commencing breath or saliva analysis or blood test

(1) This section applies if the rail safety worker is directed under section 28 or 29 to provide a specimen of breath or saliva for analysis or a specimen of blood for a laboratory test.

(2) The breath analysis, saliva analysis or blood test must be commenced as soon as practicable and, in any event, within 3 hours after the relevant time.

(3) For subsection (2) , the breath analysis commences when the rail safety worker is first presented with the breath analysing instrument for the purpose of providing the specimen of breath.

(4) For subsection (2) , the saliva analysis or blood test commences when the rail safety worker is first directed to provide the specimen of saliva or blood.

(5) In this section—

"relevant time" means—

(a) when an authorised person found the rail safety worker doing the thing mentioned in the national law , section 126 (1) (a) to (e) or 127 (1) (a) to (e) ; or

(b) when the rail safety worker is reasonably suspected by an authorised person to have been doing the thing mentioned in the national law , section 126 (1) (a) to (e) or 127 (1) (a) to (e) .