Transport Regulations Amendment (Rail Safety National Law) Regulations 2022 (WA)

2622 GOVERNMENT GAZETTE, WA 8 April 2022

TRANSPORT

TN301

Rail Safety National Law (WA) Act 2015

Transport Regulations Amendment (Rail Safety

National Law) Regulations 2022

SL 2022/46

Made by the Governor in Executive Council.

Part 1 — Preliminary

1.   Citation

These regulations are the Transport Regulations Amendment

(Rail Safety National Law) Regulations 2022.

2.   Commencement

These regulations come into operation as follows —

(a)	Part 1 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

Part 2 Rail Safety National Law (WA) (Alcohol and

Drug Testing) Regulations 2015 amended

3. Regulations amended

Securetec Drugwipe II Twin THC/MET;

This Part amends the Rail Safety National Law (WA) (Alcohol

and Drug Testing) Regulations 2015.

4.           Regulation 11 amended

In regulation 11(a) delete "Securetec DrugWipe;" and insert:

8 April 2022 GOVERNMENT GAZETTE, WA 2623

5. Regulation 13 amended
In regulation 13 delete "Securetec DrugWipe" and insert:

Securetec Drugwipe II Twin THCIMET

Note: The heading to amended regulation 13 is to read:

Drug screening test using the Securetec Drugwipe ii Twin
THC/MET

6.            Regulation 16 replaced

Delete regulation 16 and insert:

16.          Prescribed device for oral fluid for analysis

The device known as the UltraSal-2 Saliva Collection Device is prescribed for the purposes of paragraph (b) of the definition of oral fluid analysis in section 9(1) of the Act.

7.            Part 5 Division 2 deleted

Delete Part 5 Division 2.

8. Regulation 25 amended
In regulation 25(1) delete "is to" and insert:

must

9.            Part 5 Division 3A inserted After Part 5 Division 3 insert:

Division 3A - Securetec Drugwipe II Twin Combo

25A.	Preparing to collect oral fluid
All of the following steps must be taken when preparing to collect oral fluid for testing using a Securetec Drugwipe II Twin Combo -

(a)	check that the packaging of the equipment is not damaged and that any expiry date has not passed;
(b)	open the packaged equipment;
(c)	check that each item of the device is present and that none of the items shows any apparent damage.

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25B.	Collecting oral fluid
All of the following steps must be taken when collecting oral fluid for testing using a Securetec Drugwipe II Twin Combo -

(a)	give the saliva collector to the worker;
(b)	require the worker to wipe both sides of the saliva collector on the worker's tongue;
(c)	require the worker to place the saliva collector under the worker's tongue and to close the worker's mouth;
(d)	remove the saliva collector from the worker's mouth when the saliva collector's indicator window turns blue.

25C.	Setting up for oral fluid test
All of the following steps must be taken when setting up for testing oral fluid using a Securetec Drugwipe II Twin Combo -

(a)	check the viewing windows of the testing device to ensure no control lines are present;
(b)	remove the cover from the testing device.

25D.	Conducting oral fluid test
All of the following steps must be taken when testing oral fluid using a Securetec Drugwipe II Twin Combo -

(a)	dab the saliva collector on the pads of the testing device;
(b)	replace the cover on the testing device;
(c)	hold the testing device in a vertical position

with the ampoule at the lower end;

(d)	press on the testing device at the appropriate place indicated on the device until the ampoule breaks;
(e)	continue to hold the testing device in a vertical position for a further 10 seconds;
(1)	place the testing device on a horizontal surface and leave it undisturbed for 3 minutes or 8 minutes (as required by the manufacturer's instructions in the testing device's packaging);
(g)	observe the results of the test.

8 April 2022 GOVERNMENT GAZETTE, WA 2625

10.           Regulation 26 amended

In regulation 26 delete "testing using a" and insert:

testing using an

11.          Regulation 28 amended

In regulation 28 delete "2 or 3" and insert:

3, 3A or

12.          Various references to "are to" amended In the provisions listed in the Table delete "are to" and insert:

must

Table

r.6	r.	7
r. 9	r.	ID

r. 12 r. 13

r. 14 r. 21

r.22	r.23
r.24	L26
r.27	L34
r. 42

Note: The heading to regulation 8 is to read:

Prescribed device for breath analysis

2626 GOVERNMENT GAZETTE, WA 8 April 2022

Part 3 - Rail Safety National Law (WA)

Regulations 2015 amended

13.          Regulations amended

This Part amends the Rail Safety National Law (WA)
Regulations 2015.

14.          Regulation 25 amended

In regulation 25 delete "Act (Northern Territory) on
25 March 2004" and insert:

Act 1999 (Northern Territory), as in force from time to time
(and published in the Northern Territory Government Gazette
under that section),

15.          Regulation 37 amended

In regulation 37:

(a)	in paragraph (b) delete "(fa)" and insert: (faa)
(b)	in paragraph (d) in the definition of participating jurisdiction delete "the Rail Safety National Law set out in the schedule to the Rail Safety National Law (South Australia) Act 2012;" and insert:

section 4(1) of the Rail Safety National Law;

(c)	after paragraph (d) insert:
(da) section 4(1) - as if the following definitions were inserted after the definition of principal officer -

defined in section 4(1) of the Rail Safety National
Law (WA); Rail Safety National Law means this Law as of the Rail Safety National Law;

(d) after paragraph (k) insert:

(ka) Schedule 1 clause 4(2)(a)(iii) - as if "revenue

law" were deleted and "rail safety law"
substituted;

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(kb) Schedule 1 clause 4(2)(a)(iv) - as if "or managing rail safety" were inserted after "public safety";

(kc) Schedule 1 clause 7(1 )(c)(ii)(A) - as if "the

Government or to an agency" were deleted and

"ONRSR or the Regulator" substituted;

(kd) Schedule 1 clause 9(1 )(a)(ii) - as if "including

by, or with, a committee of ONRSR," were

inserted after "taken place,";

(ke) Schedule 1 clause 9(1)(a) - as if "Minister or

an agency" were deleted and "Minister, ONRSR or the Regulator" substituted;

(kf) Schedule 1 clause 13(1)(b)(i) - as if "the

Government or to an agency" were deleted and
"ONRSR or the Regulator in a co-regulatory

environment" substituted;

(e) after paragraph (1) insert:

(la) Schedule 1 - as if the following clauses were

inserted after clause 19 -

20—Exempt documents communicated between

ONRSR or Regulator and Transport and
Infrastructure Council and responsible Ministers

etc.

The following documents are exempt

documents -

(a) a document that contains information
from a communication between ONRSR
or the Regulator and either of the

following -

(i) and Infrastructure Council (or
such other body that may,
from time to time, be a body

a member of the Transport Council);

(ii)  a government agency of a participating jurisdiction,

where the information relates to the
business or proceedings of the Transport
and Infrastructure Council (or
substituted body);

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(b)

a document that contains information or the Regulator and a responsible Minister (within the meaning of the Rail Safety National Law).

21—Information or documents provided under
section 20 of Rail Safety National Law

A document is an exempt document if it is a document that is produced, or contains information or evidence that is given, to the Regulator by a person (whether a natural person or a body corporate) in accordance with a requirement under section 20 of the Rail Safety National Law.

22—Train safety recordings

(1) A document is an exempt document if—

(a)	it is a train safety recording or any part of a train safety recording; or
(b)	it contains any information obtained from a train safety recording or any part of a train safety recording,

provided to, or obtained by, the Regulator under

the Rail Safety National Law.

(2) In this clause—
train safety recording has the same meaning as
in section 130 of the Rail Safety National Law.

N. HAGLEY, Clerk of the Executive Council.