Rail Safety (National Uniform Legislation) Regulations 2013 (NT)
NORTHERN TERRITORY OF AUSTRALIA
RAIL SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2013
As in force at 4 May 2022
NORTHERN TERRITORY OF AUSTRALIA
As in force at 4 May 2022
RAIL SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2013
Regulations under the Rail Safety (National Uniform Legislation) Act 2012
These Regulations may be cited as the
In these Regulations:
(1) A device for carrying out breath analysis that is of a type known as a Dräger Alcotest 7110 is prescribed for the definition of
breath analysis instrument in section 10(1) of the Act.(2) In this regulation:
Dräger Alcotest 7110 includes any device with the trade name "Dräger Alcotest", "Drager Alcotest" or "Draeger Alcotest" and associated with the number "7110".
For section 10(4) of the Act, the numerical value of a breath analysis instrument result expressed as BrAC in grams of alcohol per 210 L of exhaled breath corresponds to the same numerical value of a result expressed as BAC in grams per 100 ml of blood, as shown by the examples in the following table:
Table
Column 1 Grams per 210 L of exhaled breath (BrAC) | Column 2 Grams per 100 ml of blood (BAC) |
0.05 | 0.05 |
0.08 | 0.08 |
0.15 | 0.15 |
(1) Before an authorised person uses a breath analysis instrument for Part 4, Division 2 of the Act, the authorised person must prepare the instrument for the analysis by ensuring that:
(a) the instrument is turned on; and
(b) the words "READY TO START" appear on the display panel of the instrument.
(2) An authorised person using a breath analysis instrument must provide an unused mouthpiece for use by the worker in providing each sample of breath in the breath analysis.
(3) The authorised person must not carry out a breath analysis in relation to a worker if the authorised person suspects, on reasonable grounds, that the worker has consumed alcohol within the period of 15 minutes immediately before the proposed time for carrying out the breath analysis.
(1) If, under Part 4 of the Act, an authorised person requires a worker to provide a sample of his or her blood, or a worker requests a sample of his or her blood be taken, the authorised person must make arrangements for the worker to be taken to a hospital or health centre for a health practitioner to take a sample of the worker’s blood.
(6) The authorised person must be present when the health practitioner takes the sample from the worker.
(7) In this regulation:
health centre means a health centre within the meaning of theMedical Services Act 1982 .hospital means a hospital declared under section 6(2) of theMedical Services Act 1982 .
(1) A health practitioner who, under Part 4 of the Act, takes a sample of blood from a worker must do the following:
(a) divide the sample into 3 approximately equal portions;
(b) place each portion into a separate container;
(c) seal each of the containers;
(d) mark each of the containers with the sample’s identification number.
(2) On complying with subregulation (1), the health practitioner must sign a certificate specifying the following:
(a) the identification number marked on the containers;
(b) the name and address of the worker from whom the sample was taken (to the extent known);
(c) the name of the health practitioner, and whether he or she is a medical practitioner, a registered nurse or a qualified person;
(d) the date and time when, and place where, the sample was taken.
(3) The health practitioner must then:
(a) make 2 of the containers and the signed certificate available to the authorised person mentioned in regulation 6 or another authorised person; and
(b) for the other container:
(i) if the worker requests – give it to the worker; or
(ii) otherwise – retain it on the worker’s behalf.
9 Procedures relating to blood analysis – analysts
(1) On the completion of an analysis under Part 4 of the Act, the person who performed or supervised the analysis must sign a certificate specifying the following information:
(a) the identification number marked on the container of the sample;
(b) the name of the person, whether he or she is an analyst or a person employed by an analyst and whether he or she performed the analysis or supervised the person who performed the analysis;
(c) the date the sample was received in the laboratory where the analysis was performed;
(d) if the presence of alcohol is detected in the sample – the concentration of alcohol;
(e) if the presence of a drug is detected in the sample – the type of drug;
(f) any factors relating to the sample or analysis that might, in the opinion of the person signing the certificate, adversely affect the accuracy or validity of the analysis;
(g) any other information relating to the sample or analysis the person considers appropriate.
(2) The signed certificate must be given to, or retained on behalf of, the Regulator.
(3) A copy of the signed certificate must be made available to the health practitioner who took the sample and the worker.
(4) The Regulator may provide a copy of the signed certificate to a rail transport operator who employs a worker if the certificate indicates the prescribed BAC or a prohibited drug was present in the worker’s sample of blood.
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Notified | 11 February 2013 |
Commenced | 11 February 2013 |
Notified | 18 March 2015 |
Commenced | 18 March 2015 |
Assent date | 30 May 2019 |
Commenced | 31 May 2019 (s 2) |
Assent date | 1 March 2022 |
Commenced | 4 May 2022 ( |
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
4 LIST OF AMENDMENTS
r 6 amd No.1, 2015, r 3; Act No. 17, 2019, s 14
r 7 amd No. 1, 2015, r 4
r 8 rep Act No. 1, 2022, s 51
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