assessment of drug impairment means an assessment under sections 86B and 86C; breath analysing instrument means a breath analysing instrument within the meaning of the Road Safety Act 1986; breath analysis means an analysis of breath by a breath analysing instrument; drug screening test means a test by means of a device prescribed for the purpose of conducting drug screening tests; oral fluid analysis means an analysis of oral fluid by means of a device prescribed for the purpose of conducting oral fluid analyses; police officer means a member of the police force. 71 Presumptions in relation to presence of concentrations of alcohol and other drugs (1) For the purposes of this Part, if it is established that at any time within 3 hours after an alleged offence against section 76(1)(a) or (c) or 77(1)(a), a certain concentration of alcohol was present in the blood or breath of the rail safety worker charged with the offence it must be presumed, until the contrary is proved, that not less than that concentration of alcohol was present in the worker's blood or breath (as the case requires) at the time at which the offence is alleged to have been committed. (2) For the purposes of this Part, if it is established that at any time within 3 hours after an alleged offence against section 76(1)(b), a certain drug was present in the oral fluid or blood of the rail safety worker
section 85(8), request the transport safety officer or police officer making the requirement to arrange for the taking in the presence of a transport safety officer or police officer of a sample of the rail safety worker's blood for analysis at the rail safety worker's own expense by a registered medical practitioner or an approved health professional nominated by the officer. (3) A part of a sample of blood taken under subsection (2) must be delivered to the person who required the sample of breath under this section. (4) Nothing in subsection (2) relieves a rail safety worker from any penalty under section 83(3). 86F Oral fluid or blood sample or results of analysis etc. not to be used for other purposes s. 89 A sample of oral fluid or blood taken under this Part (and any other forensic material taken incidentally during a drug screening test, oral fluid analysis or blood test) must not be used for a purpose other than that contemplated by this Part, in connection with the control or management of any work or activity associated with railway operations, or for the purpose of disciplinary proceedings against a rail safety worker. 86G Destruction of identifying information (1) In this section, relevant offence means— (a) an offence under section 77(1)(b) or (e) or section 86A(3); or
4 Section 43 (direction to coordinate accreditation applications) A person given a direction under section 43. 5 Section 44 (failure to accredit within the period of time specified in the section or the extended period) A rail transport operator who has applied to be accredited in respect of the railway operations the rail transport operator carries out. 6 Section 46 (decision to impose conditions or restrictions of accreditation) An accredited rail transport operator whose interests are affected by the decision. 7 Section 46B (decision to grant a fee exemption to a tourist and heritage railway operator) A tourist and heritage railway operator whose interests are affected by the decision. 8 Section 53 (refusal to grant variation of condition or restriction of accreditation) A rail transport operator whose interests are affected by the decision. 9 Section 53 (refusal to agree to revocation of condition or restriction of accreditation) A rail transport operator whose interests are affected by the decision. 10 Section 54 (refusal to grant variation of accreditation) A rail transport operator whose interests are affected by the decision. s. 90 Item Provision under which reviewable decision is made Eligible person in relation to reviewable decision
17 Section 61D (refusal to grant exemption, decision to grant exemption subject to conditions or restrictions, or decision to extend relevant period of an application for exemption) A rail transport operator who carries out railway operations whose interests are affected by the decision. 18 Section 61F (refusal to grant variation of conditions or restrictions on an exemption) A rail transport operator whose interests are affected by the decision. 19 Section 61I (decision to vary conditions or restrictions on an exemption) A rail transport operator whose interests are affected by the decision. 20 Section 61J (decision to revoke or suspend an exemption) A rail transport operator whose interests are affected by the decision. 21 Section 62A(3) (Safety Director not acting in accordance with guidelines) A rail transport operator who has applied for accreditation under Division 2, or for variation of accreditation or the conditions or restrictions of accreditation under Division 4. s. 90 Item Provision under which reviewable decision is made Eligible person in relation to reviewable decision
22 Section 69F (decision to grant registration subject to conditions, refusal to grant registration, decision to extend relevant period of an application for registration) A rail transport operator whose interests are affected by the decision. 23 Section 69H (refusal to grant variation of registration, decision to grant variation subject to conditions or restrictions, or decision to extend relevant period of an application for variation of registration) A rail transport operator whose interests are affected by the decision. 24 Section 69J (refusal to grant variation of condition of or restriction on registration) A rail transport operator whose interests are affected by the decision. 25 Section 69K (variation or revocation of condition of or restriction on registration) A rail transport operator whose interests are affected by the decision. 26 Section 69L (decision to revoke or suspend registration) A rail transport operator whose interests are affected by the decision. s. 90 Item Provision under which reviewable decision is made Eligible person in relation to reviewable decision
(f) in the definition of person, after "Safety" insert "(Local Operations)"; (g) in the definition of rail infrastructure, after "Safety" insert "(Local Operations)"; (h) in the definition of railway, after "Safety" insert "(Local Operations)"; (i) the definition of rail operations is repealed; (j) insert the following definition— "railway operations has the same meaning as in the Rail Safety (Local Operations) Act 2006;"; (k) in the definition of rail safety worker, after "Safety" insert "(Local Operations)"; (l) in the definition of railway premises, after "Safety" insert "(Local Operations)"; (m) in paragraph (a), (b) and (c) of the definition of relevant person, for "rail operator" (wherever occurring) substitute "rail transport operator"; (n) in the definition of rolling stock, after "Safety" insert "(Local Operations)"; (o) in paragraph (b) of the definition of transport safety infringement law, for "rail operator—a provision of the Rail Safety Act" substitute "rail transport operator—a provision of the Rail Safety (Local Operations) Act"; (p) in the definition of volunteer, after "Safety" insert "(Local Operations)". 110 Identity cards s. 110