Transport (Alcohol and Drug Controls) Act 2001 (Vic)

Transport (Alcohol and Drug Controls) Act 2001

Act No. 94/2001

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2
4.	Amendment of heading to Division 2 of Part 6	2
5.	Purpose of Division	3
6.	Insertion of definitions relating to drug impairment	3
7.	Interpretative provisions	3
8.	New offences relating to carrying out safety work while
impaired by a drug	4
9.	Breath analysis	5
10.	New sections 96A, 96B and 96C inserted	6

96A.	Drug assessment	6
96B.	Blood and urine samples	10
96C.	Destruction of identifying information	12

11.      Evidence derived from certain blood samples to be used in

certain proceedings 15
12.	Evidentiary provisions—blood tests 15
13.	New section 98A inserted 17
98A. Evidentiary provisions—urine tests 17
14.	Authorised officers for accredited railways and tramways 21
15.	Authorities 22
16.	Regulations 22
17.	New section 102A inserted 22
102A. Disallowance of certain Orders and notices 23
18.	Definitions for the purposes of Division 3 of Part 6 23
19.	Further condition relating to safety work 24
20.	New offence inserted 24
21.	New section 255D inserted 24
255D. Supreme Court—limitation of jurisdiction 25

═══════════════

ENDNOTES 26

i

Victoria

No. 94 of 2001

Transport (Alcohol and Drug Controls)

Act 2001†

[Assented to 11 December 2001]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to amend the

Transport Act 1983 to—

(a)	prohibit the carrying out of safety work while impaired by a drug; and
(b)	make further provision for a condition of accreditation under Division 3 of Part 6 of that Act that requires persons accredited under that Division to take reasonable steps

Transport (Alcohol and Drug Controls) Act 2001

s. 2 Act No. 94/2001

to ensure that workers employed or engaged
by them do not carry out safety work after
consuming alcohol or while impaired by any

other drug; and

(c) create a new offence for a failure to comply with the condition of accreditation referred to in paragraph (b).

2. Commencement

(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into

operation before 30 June 2002, it comes into

operation on that day.

3. Principal Act

See:

Act No.	In this Act, the Transport Act 1983 is called the
9921/1983.	Principal Act.
Reprint No. 7
as at
31 May 2000
and
amending Act Nos 65/2000, 69/2000, 74/2000, 81/2000, 11/2001, 44/2001 and 54/2001. LawToday: dpc.vic. gov.au

4. Amendment of heading to Division 2 of Part 6

In the heading to Division 2 of Part 6 of the
Principal Act, after "Alcohol" insert "and other
Drug".

Transport (Alcohol and Drug Controls) Act 2001

Act No. 94/2001 s. 5

5. Purpose of Division

In section 92 of the Principal Act, after "blood- alcohol" insert "and drug".

6. Insertion of definitions relating to drug impairment

(1) In section 93(1) of the Principal Act insert the

following definitions—

' ''drug" means a substance that is a drug for the

purposes of this Division by virtue of a
declaration under sub-section (1AA) or any
other substance (other than alcohol) which,
when consumed or used by a person,
deprives that person (temporarily or
permanently) of any of his or her normal

mental or physical faculties;

"substance" means substance in any form

(whether gaseous, liquid, solid or other) and
includes material, preparation, extract and

admixture;'.

(2) After section 93(1) of the Principal Act insert—

"(1AA) The Minister may, by Order published in the

Government Gazette, declare any substance
to be a drug for the purposes of this

Division.".

7. Interpretative provisions

(1) After section 93(5) of the Principal Act insert—

"(5A) For the purposes of this Division if it is

established that at any time within 3 hours
after an alleged offence against
paragraph (ab) of section 94(1), a certain
drug was present in the body of the worker
charged with the offence it must be
presumed, until the contrary is proved, that
that drug was present in the worker's body at

Transport (Alcohol and Drug Controls) Act 2001

s. 8 Act No. 94/2001

the time at which the offence is alleged to

have been committed.".

(2) After section 93(6) of the Principal Act insert—

"(6A) For the purposes of an alleged offence

against paragraph (ab) of section 94(1) it
must be presumed that a drug found by an
analyst to be present in the sample of blood
or urine taken from the worker charged was
not due solely to the consumption or use of
that drug after carrying out safety work
unless the contrary is proved by the worker
charged on the balance of probabilities by
sworn evidence given by him or her which is
corroborated by the material evidence of
another person.

(6B) For the purposes of sections 96A and 96B, a

worker is not to be taken to be impaired
unless his or her behaviour or appearance is
such as to give rise to a reasonable suspicion
that he or she is unable to carry out safety
work properly.".

8.  New offences relating to carrying out safety work while impaired by a drug

(1) In section 94(1) of the Principal Act—

(a) after paragraph (a) insert— "(ab) carries out safety work while impaired

by a drug; or";

(b) after paragraph (b) insert— "(ba) refuses to undergo an assessment of

drug impairment in accordance with
section 96A when required under that
section to do so or refuses to comply
with any other requirement made under
section 96A(1); or";

Transport (Alcohol and Drug Controls) Act 2001

Act No. 94/2001 s. 9

(c) after paragraph (c) insert— "(ca) refuses to comply with a requirement

made under section 96B(1); or".

(2) After section 94(2) of the Principal Act insert—

"(2A) In proceedings for an offence under

paragraph (ab) of sub-section (1), proof

that—

(a)	the worker was carrying out safety work; and
(b)	one or more drugs were present in the worker's body at the time at which he or she carried out safety work; and
(c)	the behaviour of the worker on an assessment of drug impairment carried out under section 96A was consistent with the behaviour usually associated with a person who has consumed or used that drug or those drugs; and
(d)	the behaviour usually associated with a person who has consumed or used that drug or those drugs would result in the person being unable to carry out safety work properly—

is, in the absence of evidence to the contrary, proof that the worker carried out safety work while impaired by a drug.".

9. Breath analysis

After section 96(1) of the Principal Act insert—

"(1A) An authorised officer or member of the

police force may require any worker who is
required to undergo a drug assessment under
section 96A to furnish a sample of breath for
analysis by a breath analysing instrument
and may, for that purpose, require the worker

Transport (Alcohol and Drug Controls) Act 2001

s. 10 Act No. 94/2001

to remain at the place at which the worker is
required to remain for the purposes of the

drug assessment until—

(a)	the person has furnished the sample of breath and been given the certificate referred to in sub-section (4) and the drug assessment has been carried out; or
(b)	3 hours after the carrying out of safety work—

whichever is the sooner.".

10. New sections 96A, 96B and 96C inserted

After section 96 of the Principal Act insert—

'96A. Drug assessment

(1) An authorised officer may at any time

require a worker whom he or she believes on
reasonable grounds is about to carry out, or
is carrying out, safety work to undergo an
assessment of drug impairment if in the
opinion of the authorised officer, that
worker's behaviour or appearance indicates
that the worker may be impaired for a reason

other than alcohol alone.

(2) An authorised officer or, subject to sub-

section (3), a member of the police force,

may require—

(a) a worker whom he or she believes on reasonable grounds has within the last 3 preceding hours carried out safety

work on a railway or tramway system when an accident or irregular incident occurred involving the worker; or

Transport (Alcohol and Drug Controls) Act 2001

Act No. 94/2001 s. 10

(b)	a worker whom he or she has required under section 95 to undergo a preliminary breath test; or
(c)	a worker required under section 96 to furnish a sample of breath or from whom a sample of blood was required to be taken under section 96(8)—

to undergo an assessment of drug
impairment if, in the opinion of the
authorised officer or member of the police
force, that worker's behaviour or appearance
indicates that he or she may be impaired for
a reason other than alcohol alone and for that
purpose may further require the worker to
accompany an authorised officer or member
of the police force (as the case requires) to a
place where the assessment is to be carried
out and to remain there until the assessment
has been carried out or until 3 hours after the
carrying out of the safety work, whichever is
sooner.

(3) A member of the police force only has power to require a worker to undergo an assessment of drug impairment under sub-section (2)(a)

in the case of an irregular incident if—

(a)	he or she has contacted a person nominated for the purposes of this provision by the person or body responsible for the operation of the railway or tramway system; and
(b)	the person contacted has confirmed that an irregular incident did occur and has agreed that it is appropriate to conduct an assessment of drug impairment.

Transport (Alcohol and Drug Controls) Act 2001

s. 10 Act No. 94/2001

(4) A worker is not obliged to undergo an

assessment of drug impairment if more than
3 hours have passed since the worker last
carried out safety work.

(5) An assessment of drug impairment must be carried out by—

(a)	an authorised officer authorised to do so by the Secretary; or
(b)	a member of the police force authorised to do so by the Chief Commissioner of Police.

(6) An assessment of drug impairment must be

carried out in accordance with the procedure
specified in a notice under sub-section (7).

(7) The Secretary may, by notice published in

the Government Gazette, specify the
procedure to be followed in assessing drug
impairment.

(8) The carrying out of an assessment of drug

impairment on a worker must be video-
recorded if the worker was involved in an
accident or irregular incident unless the
prosecution satisfies the court that a video-
recording has not been made because of
exceptional circumstances.

(9) If the worker on whom an assessment of

drug impairment was carried out is
subsequently charged with an offence under
paragraph (ab) of section 94(1), and the
carrying out of the assessment of drug
impairment is video-recorded, a copy of the
video-recording must be served with the
summons or, if a summons is not issued,
within 7 days after the making of the charge.

Transport (Alcohol and Drug Controls) Act 2001

Act No. 94/2001 s. 10

(10) Subject to sub-section (11), the video-

recording of the carrying out of an
assessment of drug impairment on a worker
is only admissible in a proceeding against
that worker for an offence against this Act
for the purpose of establishing that the
assessment of drug impairment was carried
out in accordance with the procedure

specified in a notice under sub-section (7).

(11) Evidence obtained as a result of an

assessment of drug impairment carried out
on a worker is inadmissible as part of the
prosecution case in proceedings against that
worker for any offence if the video-recording
of the assessment and any related material
and information should have been but has
not been destroyed as required by section

96C.

(12) In any proceeding under this Act—

(a) the statement of an authorised officer that on a particular date he or she was authorised by the Secretary under sub- section (5)(a) to carry out an

assessment of drug impairment; or

(b)	the statement of a member of the police force that on a particular date he or she was authorised by the Chief
Commissioner of Police under sub- section (5)(b) to carry out an assessment of drug impairment; or

(c) a certificate purporting to be signed by the Secretary that an authorised officer named in it is authorised by the

Secretary under sub-section (5) to carry out an assessment of drug impairment; or

Transport (Alcohol and Drug Controls) Act 2001

s. 10 Act No. 94/2001

(d) the Chief Commissioner of Police that a

a certificate purporting to be signed by it is authorised by the Chief Commissioner of Police under sub- section (5) to carry out an assessment of drug impairment—

is admissible in evidence and, in the absence
of evidence to the contrary, is proof of the
authority of that authorised officer or
member of the police force (as the case

requires).

96B. Blood and urine samples

(1) If a worker undergoes an assessment of

drug impairment when required under
section 96A to do so and the assessment, in
the opinion of the authorised officer or
member of the police force (as the case
requires) carrying it out, indicates that the
worker may be impaired by a drug or drugs,
the authorised officer or member of the
police force (as the case requires) may
require the worker to do either or both of the
following—

(a) practitioner or an approved health

allow a registered medical authorised officer or member of the police force to take from the worker a sample of that worker's blood for analysis;

(b) practitioner or an approved health

furnish to a registered medical authorised officer or member of the

Transport (Alcohol and Drug Controls) Act 2001

Act No. 94/2001	s. 10
police force a sample of that worker's urine for analysis—

and for that purpose may further require the person to accompany the authorised officer or member of the police force to a place

where the sample is to be taken or furnished
and to remain there until the sample has been
taken or furnished or until 3 hours after the
carrying out of the safety work, whichever is
sooner.

(2) An authorised officer or member of the

police force must not require a worker to
allow a sample of his or her blood to be
taken for analysis under sub-section (1)(a) if
that worker has already had a sample of
blood taken from him or her under section 96
after carrying out safety work.

(3) The registered medical practitioner or

approved health professional who takes a
sample of blood or is furnished with a
sample of urine under this section must
deliver a part of the sample to the authorised
officer or member of the police force who
required it to be taken or furnished and
another part to the worker from whom it was

taken or by whom it was furnished.

(4) A person must not hinder or obstruct a

registered medical practitioner or an
approved health professional attempting to
take a sample of the blood, or be furnished
with a sample of the urine, of any other
person in accordance with this section.
Penalty: 12 penalty units.

Transport (Alcohol and Drug Controls) Act 2001

s. 10 Act No. 94/2001

(5) No action lies against a registered medical

practitioner or an approved health
professional in respect of anything properly
and necessarily done by the practitioner or
approved health professional in the course of
taking any sample of blood, or being
furnished with any sample of urine, which
the practitioner or approved health
professional believed on reasonable grounds
was required to be taken from, or be
furnished by, any person under this section.

(6) If the person on whom an assessment of drug

impairment was carried out is subsequently
charged with an offence under paragraph
(ab) of section 94(1), a copy of a written
report on that assessment prepared by the
authorised officer or member of the police
force who carried it out and containing the
prescribed particulars must be served with
the summons or, if a summons is not issued,
within 7 days after the making of the charge.

96C. Destruction of identifying information

(1) In this section, "relevant offence" means—

(a)	an offence under section 94(1)(ab) or (ca); or
(b)	any other offence arising out of the same circumstances; or
(c)	any other offence in respect of which the evidence obtained as a result of the assessment of drug impairment has probative value.

(2) If an assessment of drug impairment has

been carried out on a worker under section
96A and—

Transport (Alcohol and Drug Controls) Act 2001

Act No. 94/2001 s. 10

(a)	the worker has not been charged with a relevant offence at the end of the period of 12 months after the assessment; or
(b)	the worker has been so charged but the charge is not proceeded with or the worker is not found guilty of the offence, whether on appeal or otherwise, before the end of that period—

the Secretary or Chief Commissioner of sub-section (4), destroy, or cause to be destroyed, at the time specified in sub- section (3) any video-recording made of the assessment and any related material and information.

(3) A video-recording and any related material

and information referred to in sub-section (2)
must be destroyed—

(a)	in a case to which sub-section (2)(a) applies, immediately after that period of 12 months; or
(b)	in a case to which sub-section (2)(b) applies—

(i)

within 1 month after the the end of any appeal period; or

(ii) adjourned under section 75 of the
Sentencing Act 1991, within

if the proceeding has been section.

(4) An authorised officer or member of the
police force (as the case requires) may,
before the end of a period referred to in

Transport (Alcohol and Drug Controls) Act 2001

s. 10 Act No. 94/2001

sub-section (3)(b), apply without notice to
the Magistrates' Court for an order extending
that period and, if the Court makes such an
order, the reference to the period in sub-
section (3) is a reference to that period as so

extended.

(5) If the Magistrates' Court makes an order

under sub-section (4), it must give reasons
for its decision and cause a copy of the order
to be served on the person on whom the
assessment of drug impairment was carried

out.

(6) If a video-recording or related material and

accordance with this section, the Secretary or

information is required to be destroyed in requires) must, if the worker on whom the assessment was carried out so requests, within 14 days after receiving the request, notify that worker in writing whether the destruction has occurred.

(7) A person who knowingly—

(a) fails to destroy; or
(b) uses, or causes or permits to be used—

a video-recording or related material and information required by this section to be destroyed is guilty of an offence punishable

by a fine of not more than 120 penalty units
or to imprisonment for a term of not more
than 12 months.

(8) A person who at any time uses, or causes or

permits to be used, or otherwise disseminates
information derived from any video-

recording or related material and information
required by this section to be destroyed

Transport (Alcohol and Drug Controls) Act 2001

Act No. 94/2001 s. 11

except in good faith for the purposes of a
relevant offence is guilty of an offence
punishable by a fine of not more than 120
penalty units or to imprisonment for a term
of not more than 12 months.'.

11.  Evidence derived from certain blood samples to be used in certain proceedings

After section 97(5)(a) of the Principal Act
insert—

"(ab) for a proceeding under section 118(2); or".

12. Evidentiary provisions—blood tests

(1) In section 98 of the Principal Act, for sub-section

(1) substitute—

'(1) In this section—

"properly qualified analyst" means—

(a)	a person who is an approved analyst within the meaning of section 57 of the Road Safety Act 1986; or
(b)	court to have scientific qualifications, training and

a person who is considered by the her to carry out the analysis and to express an opinion as to the facts and matters contained in a certificate under sub-section (4) or (4A), as the case requires;

"properly qualified expert" means—

(a) a person who is an approved expert within the meaning of section 57 of the Road Safety Act

1986; or

Transport (Alcohol and Drug Controls) Act 2001

s. 12 Act No. 94/2001

(b) court to have scientific
qualifications, training and
experience that qualifies him or
her to express an opinion as to the
facts and matters contained in a

a person who is considered by the (4B).'.

(2) In section 98(2) of the Principal Act—

(a)	in paragraph (a), after "alcohol" insert "or any other drug";
(b)	in paragraph (b), for ", or the concentration," substitute "of alcohol or any other drug, or the concentration";
(c)	after "of analysis" insert "and, if a drug is present, evidence may be given by a properly qualified expert of the usual effect of that drug on behaviour when consumed or used (including its effect on a person's ability to carry out safety work properly)".

(3) In section 98 of the Principal Act, after sub-

section (4) insert—

"(4A) A certificate containing the prescribed

particulars purporting to be signed by an
approved analyst as to the presence in any
sample of blood analysed by the analyst of a
substance that is, or is capable of being, a
drug for the purposes of this Division is
admissible in evidence in any proceedings
referred to in sub-section (2) and, in the
absence of evidence to the contrary, is proof

of the facts and matters contained in it.

(4B) A certificate containing the prescribed

particulars purporting to be signed by an
approved expert as to the usual effect of a

Transport (Alcohol and Drug Controls) Act 2001

Act No. 94/2001 s. 13

specified substance or substances on
behaviour when consumed or used
(including its effect on a worker's ability to
carry out safety work properly) is admissible
in evidence in any proceedings referred to in
sub-section (2) and, in the absence of
evidence to the contrary, is proof of the facts

and matters contained in it.".

(4) In section 98(8) of the Principal Act, after

paragraph (b)(ii) insert—

"(iia) there is a reasonable possibility that the

blood referred to in a certificate given by a
registered medical practitioner or an
approved health professional had become
contaminated in such a way that a drug
found on analysis would not have been
found had the blood not been contaminated
in that way; or".

(5) In section 98(11) of the Principal Act, after

"96(8)" insert ", 96B".

13. New section 98A inserted

After section 98 of the Principal Act insert—

'98A. Evidentiary provisions—urine tests

(1) In this section—

"properly qualified analyst" means—

(a) analyst within the meaning of

a person who is an approved Act 1986; or

(b) court to have scientific
qualifications, training and

a person who is considered by the her to carry out the analysis and to

Transport (Alcohol and Drug Controls) Act 2001

s. 13 Act No. 94/2001

express an opinion as to the facts
and matters contained in a

certificate under sub-section (4);

"properly qualified expert" means—

(a) a person who is an approved expert within the meaning of section 57A of the Road Safety

Act 1986; or

(b) court to have scientific
qualifications, training and

a person who is considered by the her to express an opinion as to the facts and matters contained in a certificate under sub-section (5).

(2) If a question as to the presence of a drug in the body of a worker at any time is relevant on a hearing for an offence against section

94(1) then, without affecting the
admissibility of any evidence which might
be given apart from the provisions of this

section, evidence may be given—

(a)	of the furnishing by that worker, within 3 hours after that worker carried out safety work, of a sample of urine to a registered medical practitioner or an approved health professional;
(b)	of the analysis of that sample of urine by a properly qualified analyst within 12 months after it was taken;
(c)	of the presence of a drug in that sample of urine at the time of analysis;
(d)	by a properly qualified expert of the usual effect of that drug on behaviour when consumed or used (including its

Transport (Alcohol and Drug Controls) Act 2001

Act No. 94/2001	s. 13
effect on a worker's ability to carry out safety work properly).

(3) A certificate containing the prescribed particulars purporting to be signed by a registered medical practitioner or an

approved health professional is admissible in
evidence in any hearing referred to in sub-
section (2) and, in the absence of evidence to
the contrary, is proof of the facts and matters

contained in it.

(4) A certificate containing the prescribed

particulars purporting to be signed by an
approved analyst as to the presence in any
sample of urine analysed by the analyst of a
substance that is, or is capable of being, a
drug for the purposes of this Division is
admissible in evidence in any hearing
referred to in sub-section (2) and, in the
absence of evidence to the contrary, is proof

of the facts and matters contained in it.

(5) A certificate containing the prescribed

particulars purporting to be signed by an
approved expert as to the usual effect of a
specified substance or substances on
behaviour when consumed or used
(including its effect on a worker's ability to
carry out safety work properly) is admissible
in evidence in any hearing referred to in sub-
section (2) and, in the absence of evidence to
the contrary, is proof of the facts and matters
contained in it.

(6) A certificate given under this section must not be tendered in evidence at a hearing referred to in sub-section (2) without the consent of the accused unless a copy of the

certificate is proved to have been personally
served on the accused more than 10 days

Transport (Alcohol and Drug Controls) Act 2001

s. 13 Act No. 94/2001

before the day on which the certificate is
tendered in evidence.

(7) An affidavit or statutory declaration by the person who has personally served a copy of the certificate on the accused is admissible in

evidence at a hearing referred to in sub-
section (2) and, as to the service of the copy,
is proof, in the absence of evidence to the
contrary, of the facts and matters deposed to
in the affidavit or stated in the statutory
declaration.

(8) An accused who has been served with a copy of a certificate given under this section may, with the leave of the court and not otherwise, require the person who has given the

certificate or any person employed, or
engaged to provide services at, the place at
which the sample of urine was furnished, to
attend at all subsequent proceedings for
cross-examination and that person must
attend accordingly.

(9) The court must not grant leave under sub- section (8) unless it is satisfied—

(a) least 7 days' notice of the hearing of the

that the informant has been given at given an opportunity to make a submission to the court; and

(b) that—

(i)

there is a reasonable possibility certificate given by an analyst under sub-section (4) was not that of the accused; or

Transport (Alcohol and Drug Controls) Act 2001

Act No. 94/2001	s. 14
(ii)	that the urine referred to in a certificate given by a registered medical practitioner or an approved health professional had become contaminated in such a way that a drug found on analysis would not have been found had

there is a reasonable possibility that way; or

(iii) of evidence by the person who
gave the certificate would

for some other reason the giving ascertain relevant facts.

(10) An accused who has been served with a copy

of a certificate given under this section may
not require the person who has given the
certificate or any person employed, or
engaged to provide services at, the place at
which the sample of urine was furnished, to
attend the court on the hearing of an
application for leave under sub-section (8).'.

14.  Authorised officers for accredited railways and tramways

In section 100A of the Principal Act, for sub-
sections (1) and (2) substitute—

"(1) The Secretary may appoint as an authorised

officer for the purposes of this Division—

(a) a person nominated by a person who holds an accreditation under Division 3; or

Transport (Alcohol and Drug Controls) Act 2001

s. 15

s. 17 Act No. 94/2001

(b) under Part 3 of the Public Sector
Management and Employment Act

a person employed in the Department Department.

(2) A person appointed under sub-section (1)(a)

may exercise the powers conferred by this
Division in respect of those parts of the
railway or tramway system designated by the
Secretary.".

15. Authorities

In section 101(1) of the Principal Act, for
"section 96 by the Chief Commissioner of Police"
substitute—

"—

(a) section 96 or 96A(5)(b) by the Chief Commissioner of Police; or

(b) section 96A(5)(a) by the Secretary—".

16. Regulations

In section 102(1) of the Principal Act—

(a)	in paragraph (c), after "blood samples" insert "or urine samples";
(b)	after paragraph (f) insert— "(fa) the methods to be used by analysts in

determining the presence of a substance

in a blood or urine sample; and";

(c) in paragraphs (g) and (h), after "blood" insert "or urine".

17. New section 102A inserted

Transport (Alcohol and Drug Controls) Act 2001

Act No. 94/2001

After section 102 of the Principal Act insert—

"102A. Disallowance of certain Orders and notices

(1) This section applies to the following

instruments—

(a) an Order under section 93(1AA);

(b) a notice under section 96A(7).

(2) A power that is conferred by this Division to

make an instrument to which this section applies is subject to the instrument being disallowed by Parliament.

(3) Section 15 and Part 5 of the Subordinate

Legislation Act 1994 apply to an instrument to which this section applies as if the instrument were a statutory rule within the meaning of that Act, notice of the making of which had been published in the Government Gazette on the day on which the instrument was so published.".

18. Definitions for the purposes of Division 3 of Part 6

In section 104(1) of the Principal Act—

(a) insert the following definitions—
' "drug" has the same meaning as in

section 93(1);

"prescribed concentration of alcohol" has
the same meaning as in section 93(1);

"safety work" has the same meaning as in

section 93(1);

"substance" has the same meaning as in

section 93(1);

"worker" has the same meaning as in

section 93(1).';
Transport (Alcohol and Drug Controls) Act 2001

s. 19 Act No. 94/2001

(b)

in the definition of "railway", after paragraph "(ca) an aerial cable operated system; or".

19. Further condition relating to safety work

After section 117(4) of the Principal Act insert—
"(4A) In addition, it is a condition of accreditation

that a person who has been accredited must

take reasonable steps to ensure that a worker
who carries out, or is about to carry out,

safety work for that person—

(a) does not have more than the prescribed concentration of alcohol in his or her blood; or

(b) is not impaired by a drug.".

20. New offence inserted

In section 118 of the Principal Act, at the end of
the section insert—

"(2) A person who is accredited must comply

with the condition of accreditation set out in
section 117(4A).
Penalty: 2000 penalty units.

(3) In any proceedings for an offence under sub-

section (2) against a person who is
accredited, the fact that a worker has been
found guilty of an offence against section
94(1)(a) or (ab) while carrying out safety
work for that person is admissible in
evidence.".

21. New section 255D inserted

After section 255C of the Principal Act insert—

Transport (Alcohol and Drug Controls) Act 2001
Act No. 94/2001

"255D. Supreme Court—limitation of jurisdiction It is the intention of section 96B(5) to alter or vary section 85 of the Constitution Act 1975.".

═══════════════
Transport (Alcohol and Drug Controls) Act 2001

Endnotes Act No. 94/2001

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 18 October 2001

Legislative Council: 28 November 2001

The long title for the Bill for this Act was "to amend the Transport Act

1983 and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 18 October 2001

Legislative Council: 28 November 2001

Absolute majorities:

Legislative Assembly: 22 November 2001

Legislative Council: 4 December 2001