Rail Safety (Local Operations) (Drug and Alcohol Controls) Amendment Regulations 2018 (Vic)

Rail Safety (Local Operations) (Drug and Alcohol Controls) Amendment Regulations 2018

S.R. No. 27/2018

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objectives

2Authorising provision

3Principal Regulations

Part 2—Amendment of the Principal Regulations

4Procedure for taking blood sample

5Procedure after taking blood samples

6Procedure for carrying out oral fluid analysis or drug screening tests

7Procedure after taking oral fluid sample

8Certificate under section 86J(5)

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Endnotes

STATUTORY RULES 2018

S.R. No. 27/2018

Rail Safety (Local Operations) Act 2006

Rail Safety (Local Operations) (Drug and Alcohol Controls) Amendment Regulations 2018

The Governor in Council makes the following Regulations:

Dated: 6 March 2018

Responsible Minister:

JACINTA ALLAN
Minister for Public Transport

JONATHAN BURKE

Acting Clerk of the Executive Council

Part 1—Preliminary

1Objectives

The objectives of these Regulations are to amend the Rail Safety (Local Operations) (Drug and Alcohol Controls) Regulations 2017—

(a)to amend blood sampling provisions to reflect changes in police and hospital procedures; and

(b)to make minor amendments to align oral fluid sampling provisions with those in the Rail Safety (Local Operations) Act 2006.

2Authorising provision

These Regulations are made under section 109 of the Rail Safety (Local Operations) Act 2006.

3Principal Regulations

In these Regulations, the Rail Safety (Local Operations) (Drug and Alcohol Controls) Regulations 2017[1] are called the Principal Regulations.

Part 2—Amendment of the Principal Regulations

4Procedure for taking blood sample

In regulation 7 of the Principal Regulations, for paragraph (b) substitute—

"(b)does not contain ethanol.".

5Procedure after taking blood samples

(1)In regulation 8(1)(a) of the Principal Regulations, for "3" substitute "2".

(2)For regulation 8(1)(c)(i) of the Principal Regulations substitute—

"(i)the specific anticoagulant and the specific preservative that the container holds; and".

(3)For regulation 8(2) and (3) of the Principal Regulations substitute—

"(2)If a blood sample is taken under section 85, 86A, 86CE, 86CF, 86D or 86E of the Act, the registered medical practitioner or approved health professional must give the sample containers to a police officer or transport safety officer.

(3)If a blood sample is taken under section 86H of the Act, the registered medical practitioner or approved health professional must ensure that—

(a)both sample containers are placed and sealed in one plastic sample bag; and

(b)the plastic sample bag is placed in a locked receptacle provided for the purpose at the place at which the sample was taken.".

6Procedure for carrying out oral fluid analysis or drug screening tests

In regulation 16 of the Principal Regulations, after "86A" insert "or 86CB".

7Procedure after taking oral fluid sample

(1)In regulation 17 of the Principal Regulations, after "86A" insert "or 86CB".

(2)In regulation 17(a) of the Principal Regulations, after "police officer" insert "or transport safety officer".

8Certificate under section 86J(5)

In regulation 18 of the Principal Regulations—

(a)for paragraph (a) substitute—

"(a)a statement by the person who carried out the procedure in the course of which the sample was provided that the requirements of these Regulations for the taking of oral fluid samples have been complied with;";

(b)for paragraph (d) substitute—

"(d)the name and signature of the person who carried out the procedure in the course of which the sample was provided.".

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Endnotes

[1] Reg. 3: S.R. No. 78/2017.