Passenger Transport (Drug and Alcohol Testing) Amendment (Authorised Officers) Regulation 2005 (NSW)

2005 No 579

New South Wales

Passenger Transport (Drug and

Alcohol Testing) Amendment

(Authorised Officers) Regulation 2005

under the

Passenger Transport Act 1990

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Passenger Transport Act 1990.

JOHN WATKINS, M.P.,

Minister for Transport

Explanatory note
The object of this Regulation is to amend the Passenger Transport (Drug and Alcohol Testing) Regulation 2004 as a consequence of changes to the designation of persons who may carry out drug and alcohol testing, being changes resulting from the commencement of the Transport Legislation Amendment (Waterfall Rail Inquiry Recommendations) Act 2005.

This Regulation is made under the Passenger Transport Act 1990, including section 63 (the general regulation-making power) and clause 3 of Schedule 5.

Published in Gazette No 118 of 23 September 2005, page 7540	Page 1
2005 No 579	Passenger Transport (Drug and Alcohol Testing) Amendment (Authorised
Clause 1	Officers) Regulation 2005

Passenger Transport (Drug and Alcohol Testing)

Amendment (Authorised Officers) Regulation 2005

under the

Passenger Transport Act 1990

1      Name of Regulation

This Regulation is the Passenger Transport (Drug and Alcohol Testing)
Amendment (Authorised Officers) Regulation 2005.

2 Amendment of Passenger Transport (Drug and Alcohol Testing) Regulation 2004

The Passenger Transport (Drug and Alcohol Testing) Regulation 2004 is amended as set out in Schedule 1.

Passenger Transport (Drug and Alcohol Testing) Amendment (Authorised	2005 No 579
Officers) Regulation 2005
Amendments	Schedule 1
Schedule 1	Amendments

(Clause 2)

[1]      Clause 3 Definitions

Omit the definition of authorised officer from clause 3 (1). Insert instead:

authorised officer means a person who is authorised under
clause 4.

[2]      Clause 4 Authorisation of officers

Omit “appoint any of the following persons to be an authorised officer for the purposes of exercising functions” from clause 4 (1).

Insert instead “authorise any of the following persons to exercise the functions of an authorised officer”.

[3]      Clause 4 (2)

Omit “appoint as an authorised officer”. Insert instead “authorise”.

[4]      Clause 4 (3)

Omit “instrument of appointment”. Insert instead “authorisation”.

[5]      Clause 4 (5), (6) and (7)

Omit “appointment” wherever occurring. Insert instead “authorisation”.

[6]      Clause 4 (6)

Omit “appointed as an authorised officer”. Insert instead “authorised”.

[7]      Clause 24 Certificate evidence of concentration of alcohol in blood determined by breath analysis

Omit “a duly appointed” from clause 24 (3) (a).
Insert instead “duly authorised as an”.

BY AUTHORITY