South Australia: Rail Safety National Law (South Australia) Act 2012 (SA)

South Australia Rail Safety National Law (South Australia) Act 2012 An Act to make provision for a national system of rail safety; and for other purposes. Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—Application of Rail Safety National Law 4 Application of Rail Safety National Law 5 Interpretation of certain expressions 6 No double jeopardy 7 Exclusion of legislation of this jurisdiction Part 3—National regulations 8 National regulations Part 4—Provisions relating to drug and alcohol testing Division 1—Preliminary 9 Interpretation 10 Approval of couriers 11 Approval of apparatus and kits for breath analysis etc Division 2—Procedures relating to testing and analyses 12 Conduct of preliminary breath test or breath analysis 13 Conduct of drug screening tests, oral fluid analyses and blood tests 14 Breath analysis where drinking occurs after rail safety work is carried out 15 Oral fluid analysis or blood test where consumption of alcohol or drug occurs after rail safety work is carried out 16 Compulsory blood testing following a prescribed notifiable occurrence 17 Processes relating to blood samples 18 Processes relating to oral fluid samples Division 3—Miscellaneous 19 Concentration of alcohol in breath taken to indicate concentration of alcohol in blood 20 Evidence 22 Protection of medical practitioners etc from liability 23 Regulations—drug and alcohol testing procedures Part 5—Transitional provisions Division 1—Interpretation 24 Interpretation Division 3—Transitional provisions 26 Accreditation 27 Registration 28 Notifiable occurrences 29 Notices 30 Reviews and appeals 31 Provision of information and assistance by Rail Safety Regulator 32 Regulations—saving and transitional provisions Schedule—Rail Safety National Law Part 1—Preliminary 1 Short title 2 Commencement 3 Purpose, objects and guiding principles of Law 4 Interpretation 5 Interpretation generally 6 Declaration of substance to be drug 7 Railways to which this Law does not apply 8 Meaning of rail safety work 9 Single national entity 10 Extraterritorial operation of Law 11 Crown to be bound Part 2—Office of the National Rail Safety Regulator Division 1—Establishment, functions, objectives, etc 12 Establishment 13 Functions and objectives 14 Independence of ONRSR 15 Powers Division 2—Office of the National Rail Safety Regulator Subdivision 1—Constitution of ONRSR 16 Constitution of ONRSR Subdivision 2—National Rail Safety Regulator 17 Appointment of Regulator 18 Acting National Rail Safety Regulator 19 Functions of Regulator 20 Power of Regulator to obtain information Subdivision 3—Non‑executive members 21 Appointment of non‑executive members Subdivision 4—Miscellaneous provisions relating to membership 22 Vacancy in or removal from office 23 Member to give responsible Ministers notice of certain events 24 Extension of term of office during vacancy in membership 25 Members to act in public interest 26 Disclosure of conflict of interest Division 3—Procedures 27 Times and places of meetings 28 Conduct of meetings 29 Defects in appointment of members 30 Decisions without meetings 31 Common seal and execution of documents Division 4—Finance 32 Establishment of Fund 33 Payments into Fund 34 Payments out of Fund 35 Investment of money in Fund 36 Financial management duties of ONRSR Division 5—Staff 37 Chief executive 38 Staff 39 Secondments to ONRSR 40 Consultants and contractors Division 6—Miscellaneous 41 Regulator may be directed to investigate rail safety matter 42 National Rail Safety Register 43 Annual report 44 Other reporting requirements 45 Delegation Part 3—Regulation of rail safety Division 1—Interpretation 46 Management of risks 47 Meaning of reasonably practicable Division 2—Occupational health and safety and railway operations 48 Relationship between this Law and OHS legislation 49 No double jeopardy Division 3—Rail safety duties Subdivision 1—Principles 50 Principles of shared responsibility, accountability, integrated risk management, etc 51 Principles applying to rail safety duties Subdivision 2—Duties 52 Duties of rail transport operators 53 Duties of designers, manufacturers, suppliers etc 54 Duties of persons loading or unloading freight 55 Duty of officers to exercise due diligence 56 Duties of rail safety workers Subdivision 3—Offences and penalties 57 Meaning of safety duty 58 Failure to comply with safety duty—reckless conduct—Category 1 59 Failure to comply with safety duty—Category 2 60 Failure to comply with safety duty—Category 3 Division 4—Accreditation Subdivision 1—Purpose and requirement for accreditation 61 Purpose of accreditation 62 Accreditation required for railway operations 63 Purposes for which accreditation may be granted Subdivision 2—Procedures for granting accreditation 64 Application for accreditation 65 What applicant must demonstrate 66 Regulator may direct applicants to coordinate applications 67 Determination of application Subdivision 3—Variation of accreditation 68 Application for variation of accreditation 69 Determination of application for variation 70 Prescribed conditions and restrictions 71 Variation of conditions and restrictions 72 Regulator may make changes to conditions or restrictions Subdivision 4—Cancellation, suspension or surrender of accreditation 73 Cancellation or suspension of accreditation 74 Immediate suspension of accreditation 75 Surrender of accreditation Subdivision 5—Miscellaneous 76 Annual fees 77 Waiver of fees 78 Penalty for breach of condition or restriction 79 Accreditation cannot be transferred or assigned 80 Sale or transfer of railway operations by accredited person 81 Keeping and making available records for public inspection Division 5—Registration of rail infrastructure managers of private sidings Subdivision 1—Exemptions relating to certain private sidings 82 Exemption from accreditation in respect of certain private sidings 83 Requirement for managers of certain private sidings to be registered Subdivision 2—Procedures for granting registration 84 Application for registration 85 What applicant must demonstrate 86 Determination of application Subdivision 3—Variation of registration 87 Application for variation of registration 88 Determination of application for variation 89 Prescribed conditions and restrictions 90 Variation of conditions and restrictions 91 Regulator may make changes to conditions or restrictions Subdivision 4—Cancellation, suspension or surrender of registration 92 Cancellation or suspension of registration 93 Immediate suspension of registration 94 Surrender of registration Subdivision 5—Miscellaneous 95 Annual fees 96 Waiver of fees 96A Annual activity statements 97 Registration cannot be transferred or assigned 98 Offences relating to registration Division 6—Safety management Subdivision 1—Safety management systems 99 Safety management system 100 Conduct of assessments for identified risks 101 Compliance with safety management system 102 Review of safety management system 103 Safety performance reports 104 Regulator may direct amendment of safety management system Subdivision 2—Interface agreements 105 Requirements for and scope of interface agreements 106 Interface coordination—rail transport operators 107 Interface coordination—rail infrastructure and public roads 108 Interface coordination—rail infrastructure and private roads 109 Identification and assessment of risks 110 Regulator may give directions 111 Register of interface agreements Subdivision 3—Other safety plans and programs 112 Security management plan 113 Emergency management plan 114 Health and fitness management program 115 Drug and alcohol management program 116 Fatigue risk management program Subdivision 4—Provisions relating to rail safety workers 117 Assessment of competence 118 Identification of rail safety workers Subdivision 5—Other persons to comply with safety management system 119 Other persons to comply with safety management system Division 7—Information about rail safety etc 120 Power of Regulator to obtain information from rail transport operators Division 8—Investigating and reporting by rail transport operators 121 Notification of certain occurrences 122 Investigation of notifiable occurrences Division 9—Drug and alcohol testing by Regulator 122A Interpretation 123 Testing for presence of drugs or alcohol 124 Appointment of authorised persons 125 Identity cards 126 Authorised person may require preliminary breath test or breath analysis 127 Authorised person may require drug screening test, oral fluid analysis, urine test and blood test 127A Facilitation of testing 128 Offence relating to prescribed concentration of alcohol or prescribed drug 128A Offence to hinder or obstruct authorised person 128B Offence to assault, threaten or intimidate authorised person 128C Interfering or tampering with, or destroying, samples 129 Oral fluid, urine sample or blood sample or results of analysis etc not to be used for other purposes Division 10—Train safety recordings 130 Interpretation 131 Disclosure of train safety recordings 132 Admissibility of evidence of train safety recordings in civil proceedings Division 11—Audit of railway operations by Regulator 133 Audit of railway operations by Regulator Part 4—Securing compliance Division 1—Guiding principle 134 Guiding principle Division 2—Rail safety officers 135 Appointment 136 Identity cards 137 Accountability of rail safety officers 138 Suspension and ending of appointment of rail safety officers Division 3—Regulator has functions and powers of rail safety officers 139 Regulator has functions and powers of rail safety officers Division 4—Functions and powers of rail safety officers 140 Functions and powers 141 Conditions on rail safety officers' powers 142 Rail safety officers subject to Regulator's directions Division 5—Powers relating to entry Subdivision 1—General powers of entry 143 Powers of entry 144 Notification of entry 145 General powers on entry 146 Persons assisting rail safety officers 147 Use of electronic equipment 148 Use of equipment to examine or process things 149 Securing a site or rolling stock Subdivision 2—Search warrants 150 Search warrants 151 Announcement before entry on warrant 152 Copy of warrant to be given to person with control or management of place Subdivision 3—Limitation on entry powers 153 Places used for residential purposes Subdivision 4—Specific powers on entry 154 Power to require production of documents and answers to questions 155 Abrogation of privilege against self‑incrimination 156 Warning to be given 157 Power to copy and retain documents Subdivision 5—Powers to support seizure 158 Power to seize evidence etc 159 Directions relating to seizure 160 Rail safety officer may direct a thing's return 161 Receipt for seized things 162 Forfeiture of seized things 163 Return of seized things 164 Access to seized thing Division 6—Damage and compensation 165 Damage etc to be minimised 166 Rail safety officer to give notice of damage 167 Compensation Division 7—Other matters 168 Power to require name and address 168A Power to direct production of documents 169 Rail safety officer may take affidavits 170 Attendance of rail safety officer at inquiries 171 Directions may be given under more than 1 provision Division 8—Offences in relation to rail safety officers 172 Offence to hinder or obstruct rail safety officer 173 Offence to impersonate rail safety officer 174 Offence to assault, threaten or intimidate rail safety officer Part 5—Enforcement measures Division 1—Improvement notices 175 Issue of improvement notices 176 Contents of improvement notices 177 Compliance with improvement notice 178 Extension of time for compliance with improvement notices Division 2—Prohibition notices 179 Issue of prohibition notice 180 Contents of prohibition notice 181 Compliance with prohibition notice Division 3—Non‑disturbance notices 182 Issue of non‑disturbance notice 183 Contents of non‑disturbance notice 184 Compliance with non‑disturbance notice 185 Issue of subsequent notices Division 4—General requirements applying to notices 186 Application of Division 187 Notice to be in writing 188 Directions in notices 189 Recommendations in notice 190 Variation or cancellation of notice by rail safety officer 191 Formal irregularities or defects in notice 192 Serving notices Division 5—Remedial action 193 When Regulator may carry out action 194 Power of Regulator to take other remedial action 195 Costs of remedial or other action Division 6—Injunctions 196 Application of Division 197 Injunctions for non‑compliance with notices Division 7—Miscellaneous 198 Response to certain reports 199 Power to require works to stop 200 Temporary closing of level crossings, bridges etc 201 Use of force 202 Power to use force against persons to be exercised only by police officers Part 6—Exemptions Division 1—Ministerial exemptions 203 Ministerial exemptions Division 1A—Exemptions granted by Regulator in event of emergency 203A Exemptions granted by Regulator in event of emergency Division 2—Exemptions granted by Regulator on application Subdivision 1—Interpretation 204 Interpretation Subdivision 2—Procedures for conferring exemptions 205 Application for exemption 206 What applicant must demonstrate 207 Determination of application Subdivision 3—Variation of an exemption 208 Application for variation of an exemption 209 Determination of application for variation 210 Prescribed conditions and restrictions 211 Variation of conditions and restrictions 212 Regulator may make changes to conditions or restrictions Subdivision 4—Cancellation, suspension or surrender of an exemption 213 Cancellation or suspension of an exemption 213A Surrender of exemption Subdivision 5—Penalty for breach of condition or restriction 214 Penalty for breach of condition or restriction Subdivision 6—Waiver of fees 214A Waiver of fees Part 7—Review of decisions 215 Reviewable decisions 216 Review by Regulator 217 Appeals Part 8—General liability and evidentiary provisions Division 1—Legal proceedings Subdivision 1—General matters 218 Period within which proceedings for offences may be commenced 219 Multiple contraventions of rail safety duty provision 220 Authority to take proceedings Subdivision 2—Imputing conduct to bodies corporate 221 Imputing conduct to bodies corporate Subdivision 3—Records and evidence 222 Records and evidence from records 223 Certificate evidence 224 Proof of appointments and signatures unnecessary Division 2—Discrimination against employees 225 Dismissal or other victimisation of employee Division 3—Offences 226 Offence to give false or misleading information 227 Not to interfere with train, tram etc 228 Applying brake or emergency device 229 Stopping a train or tram Division 4—Court-based sanctions 230 Commercial benefits order 231 Supervisory intervention order 232 Exclusion orders Part 9—Infringement notices 233 Meaning of infringement penalty provision 234 Power to serve notice 235 Form of notice 236 Regulator cannot institute proceedings while infringement notice on foot 237 Late payment of penalty 238 Withdrawal of notice 239 Refund of infringement penalty 240 Payment expiates breach of infringement penalty provision 241 Payment not to have certain consequences 242 Conduct in breach of more than 1 infringement penalty provision Part 10—General Division 1—Delegation by Minister 243 Delegation by Minister Division 2—Confidentiality of information 244 Confidentiality of information Division 3—Law does not affect legal professional privilege 245 Law does not affect legal professional privilege Division 4—Civil liability 246 Civil liability not affected by Part 3 Division 3 or Division 6 247 Protection from personal liability for persons exercising functions 248 Immunity for reporting unfit rail safety worker Division 5—Codes of practice 249 Approved codes of practice 250 Use of codes of practice in proceedings Division 6—Enforceable voluntary undertakings 251 Enforceable voluntary undertaking 252 Notice of decisions and reasons for decision 253 When a rail safety undertaking is enforceable 254 Compliance with rail safety undertaking 255 Contravention of rail safety undertaking 256 Withdrawal or variation of rail safety undertaking 257 Proceedings for alleged contravention Division 7—Other matters 258 Service of documents 259 Recovery of certain costs 260 Recovery of amounts due 260A Payment of portion of fines to ONRSR 261 Compliance with conditions of accreditation or registration 262 Contracting out prohibited Division 8—Application of certain South Australian Acts to this Law 263 Application of certain South Australian Acts to this Law Division 9—National regulations 264 National regulations 265 Publication of national regulations Schedule 1—National regulations Schedule 2—Miscellaneous provisions relating to interpretation Part 1—Preliminary 1 Displacement of Schedule by contrary intention Part 2—General 2 Law to be construed not to exceed legislative power of Parliament 3 Every section to be a substantive enactment 4 Material that is, and is not, part of this Law 5 References to particular Acts and to enactments 6 References taken to be included in Law or Act citation etc 7 Interpretation best achieving Law's purpose or object 8 Use of extrinsic material in interpretation 9 Effect of change of drafting practice 10 Use of examples 11 Compliance with forms Part 3—Terms and references 12 Definitions 13 Provisions relating to defined terms and gender and number 14 Meaning of may and must etc 15 Words and expressions used in statutory instruments 15A Provisions creating offences 16 Effect of express references to bodies corporate and individuals 17 Production of records kept in computers etc 18 References to this jurisdiction to be implied 19 References to officers and holders of offices 20 Reference to certain provisions of Law 21 Reference to provisions of this Law or an Act is inclusive Part 4—Functions and powers 22 Exercise of statutory functions 23 Power to make instrument or decision includes power to amend or repeal 24 Matters for which statutory instruments may make provision 25 Presumption of validity and power to make 26 Appointments may be made by name or office 27 Acting appointments 28 Powers of appointment imply certain incidental powers 29 Delegation of functions 30 Exercise of powers between enactment and commencement Part 5—Distance, time and age 31 Matters relating to distance, time and age Part 6—Effect of repeal, amendment or expiration 32 Time of Law ceasing to have effect 33 Repealed provisions not revived 34 Saving of operation of repealed Law provisions 35 Continuance of repealed provisions 36 Law and amending Acts to be read as one Part 7—Instruments under Law 37 Schedule applies to statutory instruments Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Rail Safety National Law (South Australia) Act 2012. 3—Interpretation (1) For the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the Rail Safety National Law set out in the Schedule. (2) In the local application provisions of this Act— Rail Safety National Law (South Australia) means the provisions in operation in this jurisdiction because of section 4 of this Act. (3) Terms used in the local application provisions of this Act and also in the Rail Safety National Law set out in the Schedule to this Act have the same meanings in those provisions as they have in that Law. (4) This section does not apply to the extent that the context or subject matter otherwise indicates or requires. Part 2—Application of Rail Safety National Law 4—Application of Rail Safety National Law The Rail Safety National Law, as amended from time to time, set out in the Schedule— (a) applies as a law of this jurisdiction; and (b) as so applying may be referred to as the Rail Safety National Law (South Australia); and (c) as so applying is part of this Act. 5—Interpretation of certain expressions (1) In the Rail Safety National Law (South Australia), unless the contrary intention appears— court—a reference to a court in the Law— (a) in Part 5 (Enforcement measures) and Part 7 (Review of decisions)—is a reference to the Administrative and Disciplinary Division of the District Court; (b) in Part 10 Division 6 (Enforceable voluntary undertakings)—is a reference to the Magistrates Court; emergency services means each of the following: (a) South Australia Police; (b) South Australian Country Fire Service; (c) South Australian Metropolitan Fire Service; (d) SA Ambulance Service Inc; (e) any body prescribed by the regulations for the purposes of this definition; Gazette means the South Australian Government Gazette (including any supplement to that gazette) printed and published, or purporting to be printed and published, by the Government Printer of the State; Health Practitioner Regulation National Law means— (a) the Health Practitioner Regulation National Law— (i) as in force from time to time, set out in the schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland; and (ii) as it applies as a law of South Australia, another State or a Territory (with or without modification); or (b) the law that substantially corresponds to the law referred to in paragraph (a); magistrate means a person holding office as a magistrate under the Magistrates Act 1983; medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); Minister means the Minister to whom the Rail Safety National Law (South Australia) Act 2012 is committed; police officer means a member of South Australia Police under the Police Act 1998; public sector auditor means the Auditor‑General of South Australia; Rail Safety National Law or this Law means the Rail Safety National Law (South Australia); registered nurse means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the nursing profession as a nurse (other than as a student); and (b) in the registered nurses division of that profession; road means a road within the meaning of the Road Traffic Act 1961; road vehicle means a motor vehicle within the meaning of the Motor Vehicles Act 1959; shared path has the same meaning as in the Australian Road Rules; State entity means a public sector agency within the meaning of the Public Sector Act 2009; the jurisdiction or this jurisdiction means South Australia. (2) For the purposes of this Act and the Rail Safety National Law (South Australia) and any other Act or law— (a) the Office of the National Rail Safety Regulator— (i) is not a State entity (and therefore not a South Australian entity); and (ii) is not an agency or instrumentality of the South Australian Crown; and (b) an employee of the Office of the National Rail Safety Regulator is not a public sector employee employed by a public sector agency. 6—No double jeopardy If— (a) an act or omission is an offence against the Rail Safety National Law (South Australia) and is also an offence against a law of another participating jurisdiction; and (b) the offender has been punished for the offence under the law of the other jurisdiction, the offender is not liable to be punished for the offence against the Rail Safety National Law (South Australia). 7—Exclusion of legislation of this jurisdiction (1) The Acts Interpretation Act 1915 does not apply to the Rail Safety National Law (South Australia) or to instruments made under that Law. (2) Subject to subsection (3), and except as applied under the Rail Safety National Law (South Australia) (including the regulations made under that Law), the following Acts of this jurisdiction do not apply to this Act and the Rail Safety National Law (South Australia) or to instruments made under that Law: (a) the Freedom of Information Act 1991; (b) the Ombudsman Act 1972; (c) the Public Finance and Audit Act 1987; (d) the Public Sector Act 2009; (e) the Public Sector (Honesty and Accountability) Act 1995; (f) the State Procurement Act 2004; (g) the State Records Act 1997. (3) The Acts referred to in subsection (2) apply to a State entity or an employee of a State entity exercising a function under the Rail Safety National Law (South Australia). Part 3—National regulations 8—National regulations (1) Subject to this section, the Subordinate Legislation Act 1978 does not apply to the national regulations. (2) Sections 10, 10A and 11 of the Subordinate Legislation Act 1978 apply to the national regulations. (3) However, if a regulation made by the Governor for the purposes of the Rail Safety National Law is disallowed in this jurisdiction, the regulation does not cease to have effect in this jurisdiction unless the regulation is disallowed in a majority of the participating jurisdictions (and, in such a case, the regulation will cease to have effect on the date of its disallowance in the last of the jurisdictions forming the majority). (4) In this section— Rail Safety National Law means the Rail Safety National Law, as amended from time to time, set out in the Schedule. Part 4—Provisions relating to drug and alcohol testing Division 1—Preliminary 9—Interpretation (1) In this Part— alcotest means a test by means of an apparatus approved under the Road Traffic Act 1961 or this Part for the purpose of conducting alcotests; analyst means— (a) a person who is an analyst for the purposes of the Road Traffic Act 1961; or (b) a person appointed as an analyst by the Minister specifically for the purposes of this Part and Part 3 Division 9 (Drug and alcohol testing by Regulator) of the Rail Safety National Law; or (c) a person holding an office of a class approved by the Minister for the purposes of this Part and Part 3 Division 9 of the Rail Safety National Law; approved blood test kit means a kit of a kind declared under the Road Traffic Act 1961 or this Part to be an approved blood test kit; approved courier means a person approved by the Minister as a courier for the purposes of this Part and Part 3 Division 9 of the Rail Safety National Law; breath analysing instrument means an apparatus of a kind approved under the Road Traffic Act 1961 or this Part as a breath analysing instrument; breath analysis means an analysis of breath by a breath analysing instrument; Commissioner of Police means the Commissioner of Police appointed under the Police Act 1998; drug screening test means a test by means of an apparatus of a kind approved under the Road Traffic Act 1961 or this Part for the purpose of conducting drug screening tests; forensic material means any human material from which the person from whom the material was taken could be identified; oral fluid analysis means the analysis of a person's oral fluid to determine whether a drug is present in the oral fluid; preliminary breath test means an alcotest; Rail Safety National Law or Law means the Rail Safety National Law, as amended from time to time, set out in the Schedule. (2) In this Part, a reference to regulations is a reference to regulations made for the purposes of this Part and Part 3 Division 9 of the Rail Safety National Law. (3) For the purposes of this Part and Part 3 Division 9 of the Rail Safety National Law, a thing is to be regarded as having been done by a medical practitioner, registered nurse or analyst if it is done by a person acting under the supervision or direction of the medical practitioner, registered nurse or analyst. 10—Approval of couriers The Minister may, by notice in the Gazette— (a) approve a person as a courier for the purposes of this Part and Part 3 Division 9 of the Rail Safety National Law; or (b) revoke an approval under paragraph (a). 11—Approval of apparatus and kits for breath analysis etc (1) The Governor may, by regulation, for the purposes of this Part and Part 3 Division 9 of the Rail Safety National Law— (a) approve apparatus of a prescribed kind as breath analysing instruments; or (b) approve apparatus of a prescribed kind for the purpose of conducting alcotests; or (c) approve apparatus of a prescribed kind for the purpose of conducting drug screening tests; or (d) declare a kit of a prescribed kind to be an approved blood test kit. (2) An approved blood test kit, or apparatus approved as a breath analysing instrument, or for the purpose of conducting alcotests or drug screening tests, under the Road Traffic Act 1961 will be taken to have been approved under this section for the purposes of this Part and Part 3 Division 9 of the Rail Safety National Law. Division 2—Procedures relating to testing and analyses 12—Conduct of preliminary breath test or breath analysis (1) This section applies when an authorised person requires a rail safety worker to submit to testing under section 126 (Authorised person may require preliminary breath test or breath analysis) of the Rail Safety National Law. (2) A preliminary breath test or breath analysis to which a rail safety worker has been required to submit may not be commenced more than 8 hours after the worker has ceased to carry out rail safety work or more than 8 hours following a prescribed notifiable occurrence (as the case may be). (3) The performance of a preliminary breath test or breath analysis commences when a direction is first given by an authorised person that the rail safety worker concerned exhale into the preliminary breath test apparatus or breath analysing instrument to be used for the test or analysis. (4) A rail safety worker required to submit to a preliminary breath test or breath analysis must not refuse or fail to comply with all reasonable directions of an authorised person in relation to the requirement and, in particular, must not refuse or fail to exhale into the apparatus by which the preliminary breath test or breath analysis is conducted in accordance with the directions of the authorised person. Maximum penalty: $10 000. (5) It is a defence to a prosecution under subsection (4) that there was, in the circumstances of the case, good reason for the refusal or failure of the defendant to comply with the requirement or direction. (6) If a rail safety worker refuses or fails to comply with a requirement or direction of an authorised person by reason of some physical or medical condition of the worker and immediately makes a request of the authorised person that a sample of his or her blood be taken by a medical practitioner or registered nurse, the authorised person must do all things reasonably necessary to facilitate the taking of a sample of the worker's blood for analysis by— (a) a medical practitioner or registered nurse nominated by the worker; or (b) a medical practitioner or registered nurse nominated by the authorised person at the request of the worker. (7) A rail safety worker is not relieved from the obligation to submit to a breath analysis in accordance with this section or section 126 of the Rail Safety National Law by— (a) the making of a request under subsection (6); or (b) the taking of a sample of the worker's blood under subsection (6). (8) A rail safety worker is not entitled to refuse or fail to comply with a requirement or direction under this section or section 126 of the Rail Safety National Law on the ground that— (a) the worker would, or might, by complying with that requirement or direction, provide evidence that could be used against himself or herself; or (b) the worker consumed alcohol after the worker last performed rail safety work or was involved in a prescribed notifiable occurrence (as the case may be), but before the requirement was made or the direction given. (9) The taking of a blood sample under subsection (6) must be in the presence of an authorised person. 13—Conduct of drug screening tests, oral fluid analyses and blood tests (1) This section applies when an authorised person requires a rail safety worker to submit to testing under section 127 (Authorised person may require drug screening test, oral fluid analysis and blood test) of the Rail Safety National Law. (2) A drug screening test may only be conducted by— (a) a police officer; or (b) an authorised person authorised by the Regulator to conduct such tests. (3) A drug screening test, oral fluid analysis or blood test to which a rail safety worker has been required to submit may not be commenced more than 8 hours after the worker ceased to carry out rail safety work or more than 8 hours following a prescribed notifiable occurrence (as the case may be). (4) The performance of a drug screening test, oral fluid analysis or blood test commences when a direction is first given by an authorised person that the rail safety worker concerned provide a sample of oral fluid or blood to be used for the drug screening test, oral fluid analysis or blood test. (5) A rail safety worker required by an authorised person to submit to a drug screening test, oral fluid analysis or blood test must not refuse or fail to comply with all reasonable directions of an authorised person in relation to the requirement and, in particular, must not refuse or fail to allow a sample of oral fluid or blood to be taken in accordance with the directions of the authorised person. Maximum penalty: $10 000. (6) It is a defence to a prosecution under subsection (5) that there was, in the circumstances of the case, good reason for the refusal or failure of the defendant to comply with the requirement or direction. (7) If a rail safety worker of whom a requirement is made or to whom a direction is given by an authorised person relating to a drug screening test or oral fluid analysis, refuses or fails to comply with the requirement or direction by reason of some physical or medical condition of the worker and immediately makes a request of the authorised person that a sample of his or her blood be taken by a medical practitioner or registered nurse, the authorised person must do all things reasonably necessary to facilitate the taking of a sample of the worker's blood for analysis by— (a) a medical practitioner or registered nurse nominated by the worker; or (b) a medical practitioner or registered nurse nominated by the authorised person at the request of the worker. (8) If a rail safety worker of whom a requirement is made or to whom a direction is given under this section relating to a blood test required in connection with— (a) drug testing—refuses or fails to comply with the requirement or direction by reason of some physical or medical condition of the worker and immediately makes a request of an authorised person that an oral fluid analysis be conducted, an authorised person must do all things reasonably necessary to facilitate the conduct of an oral fluid analysis; or (b) alcohol testing—refuses or fails to comply with the requirement or direction by reason of some physical or medical condition of the worker and immediately makes a request of an authorised person that a breath analysis be conducted, an authorised person must do all things reasonably necessary to facilitate the conduct of a breath analysis. (9) A rail safety worker is not relieved from the obligation to submit to a drug screening test, oral fluid analysis or blood test in accordance with this section or section 127 of the Rail Safety National Law by— (a) the making of a request under subsection (7) or (8); or (b) the taking of a sample of— (i) the worker's blood under subsection (7); or (ii) the worker's oral fluid under subsection (8)(a); or (c) the conduct of a breath analysis under subsection (8)(b). (10) A rail safety worker is not entitled to refuse or fail to comply with a requirement or direction under this section or section 127 of the Rail Safety National Law on the ground that— (a) the worker would, or might, by complying with that requirement or direction, provide evidence that could be used against himself or herself; or (b) the worker consumed a drug or alcohol after the worker last performed rail safety work or was involved in a prescribed notifiable occurrence (as the case may be), but before the requirement was made or the direction given. (11) The taking of a blood sample under this section must be in the presence of an authorised person. 14—Breath analysis where drinking occurs after rail safety work is carried out (1) This section applies to proceedings for an offence in which the results of a breath analysis under this Part or Part 3 Division 9 of the Rail Safety National Law are relied on to establish the commission of the offence. (2) If in proceedings to which this section applies the defendant satisfies the court— (a) that the defendant consumed alcohol during the relevant period; and (b) that the alcohol was not consumed by the defendant after an authorised person first exercised powers under section 126 of the Rail Safety National Law preliminary to the performance of the breath analysis; and (c) that, after taking into account the quantity of alcohol consumed by the defendant during the relevant period and its likely effect on the concentration of alcohol indicated as being present in the defendant's blood by the breath analysis, the defendant should not be found guilty of the offence charged, the court may, despite the other provisions of this Part or the Rail Safety National Law, find the defendant not guilty of the offence charged. (3) In subsection (2)— relevant period means the period— (a) commencing when 3 hours have elapsed since the prescribed notifiable occurrence or the conduct of the defendant giving rise to the making of the requirement under section 126 of the Rail Safety National Law that the defendant submit to the breath analysis; and (b) ending when the performance of the breath analysis commences. 15—Oral fluid analysis or blood test where consumption of alcohol or drug occurs after rail safety work is carried out (1) This section applies to proceedings for an offence relating to— (a) the presence of alcohol in which the results of a blood test under section 127 of the Rail Safety National Law are relied on to establish the commission of the offence; or (b) the presence of a drug in which the results of an oral fluid analysis or blood test under section 127 of the Rail Safety National Law are relied on to establish the commission of the offence. (2) If in proceedings to which this section applies the defendant satisfies the court— (a) that the defendant consumed alcohol or consumed or used the drug (as the case may be) during the relevant period; and (b) that the alcohol was not consumed or the drug was not consumed or used by the defendant (as the case may be) after an authorised person first exercised powers under section 127 of the Rail Safety National Law preliminary to the performance of the blood test or oral fluid analysis; and (c) that, after taking into account the quantity of alcohol consumed, or drug consumed or used, by the defendant during the relevant period and its likely effect on the concentration of alcohol or drug indicated as being present in the defendant's blood or oral fluid by the test or analysis, the defendant should not be found guilty of the offence charged, the court may, despite the other provisions of this Part or the Rail Safety National Law, find the defendant not guilty of the offence charged. (3) In subsection (2)— relevant period means the period— (a) commencing when 3 hours have elapsed since the prescribed notifiable occurrence or conduct of the defendant giving rise to the making of the requirement under section 127 of the Rail Safety National Law that the defendant submit to the oral fluid analysis or blood test; and (b) ending when the performance of the oral fluid analysis or blood test (as the case may be) commences. 16—Compulsory blood testing following a prescribed notifiable occurrence (1) If a rail safety worker suffers an injury as a result of a prescribed notifiable occurrence and, within 8 hours after the prescribed notifiable occurrence, the worker attends at, or is admitted into, a hospital for the purposes of receiving treatment for that injury, it is the duty of the medical practitioner who attends the worker to ensure that, as soon as practicable, a sample of that worker's blood (despite the fact that the worker may be unconscious), is taken in accordance with this section. (2) If a rail safety worker suffers an injury as a result of a prescribed notifiable occurrence and the worker is dead on arrival at the hospital, or dies before a sample of blood has been taken in accordance with this section and within 8 hours after admission to the hospital, it is the duty of the medical practitioner who, under Part 5 of the Coroners Act 2003, notifies the State Coroner or a police officer of the death— (a) to ensure that a sample of blood from the body of the deceased is taken in accordance with this section; or (b) to notify the State Coroner as soon as practicable that, in view of the circumstances in which the death of the deceased occurred, a sample of blood should be taken from the body under this section. (3) A sample of blood under subsection (1) or (2) may be taken by a medical practitioner or a registered nurse. (4) The State Coroner, on receiving a notification under subsection (2), may authorise and direct a pathologist to take a sample of blood from the body of the deceased in accordance with this section. (5) Any person who, on being requested to submit to the taking of a sample of blood under this section, refuses or fails to comply with that request and who— (a) fails to assign any reason based on genuine medical grounds for that refusal or failure; or (b) assigns a reason for that refusal or failure that is false or misleading; or (c) makes any other false or misleading statement in response to the request, is guilty of an offence. Maximum penalty: $10 000. (6) In this section— hospital means an institution at which medical care or attention is provided for injured persons that is declared to be a hospital for the purposes of section 47I of the Road Traffic Act 1961. 17—Processes relating to blood samples The following provisions apply where a sample of blood is taken under this Part or Part 3 Division 9 of the Rail Safety National Law: (a) the medical practitioner or registered nurse by whom the sample of blood is taken must— (i) place the sample of blood in approximately equal proportions in 2 separate containers marked with an identification number distinguishing the sample from other samples of blood and seal the containers; and (ii) give to the person from whom the sample was taken or (in the case of a sample taken under section 16) leave with the person's personal effects at the hospital, a notice in writing— (A) advising that the sample has been taken under the relevant section; and (B) advising that a container containing part of the sample and marked with the identification number specified in the notice will be available for collection by or on behalf of the person at a specified place; and (C) containing any other information prescribed by the regulations; and (iii) complete and sign a certificate containing the information required under paragraph (d); and (iv) make the containers and the certificate available to an authorised person; (b) each container must contain a sufficient quantity of blood to enable an analysis to be made of the concentration of alcohol present in the blood or of the presence of a drug in the blood; (c) it is the duty of the medical practitioner or registered nurse by whom the sample is taken to take such measures as are reasonably practicable in the circumstances to ensure that the blood is not adulterated and does not deteriorate so as to prevent a proper analysis of the concentration of alcohol present in the blood, or the presence of a drug in the blood; (d) the certificate referred to in paragraph (a) must state— (i) the identification number of the sample marked on the containers referred to in that paragraph; and (ii) the name and address of the person from whom the sample was taken; and (iii) the name of the medical practitioner or registered nurse by whom the sample was taken; and (iv) the date, time and place at which the sample was taken; and (v) that the medical practitioner or registered nurse gave the notice referred to in that paragraph to the person from whom the sample was taken, or, as the case may be, left the notice with the person's personal effects; (e) 1 of the containers containing the sample must— (i) as soon as reasonably practicable be taken by an authorised person or approved courier to the place specified in the notice given to the person or left with the person's personal effects under paragraph (a); and (ii) be kept available at that place for collection by or on behalf of the person for the period prescribed by the regulations; (f) after analysis of the sample in a container made available to an authorised person in accordance with paragraph (a), the analyst who performed or supervised the analysis must sign a certificate containing the following information: (i) the identification number of the sample marked on the container; (ii) the name and professional qualifications of the analyst; (iii) the date the sample was received in the laboratory in which the analysis was performed; (iv) the concentration of alcohol, prescribed drug or other drug found to be present in the sample; (v) any factors relating to the sample or the analysis that might, in the opinion of the analyst, adversely affect the accuracy or validity of the analysis; (vi) any other information relating to the sample or analysis that the analyst thinks fit to include; (g) on completion of an analysis of a sample— (i) the certificate of the medical practitioner or registered nurse by whom the sample was taken and the certificate of the analyst who performed or supervised the analysis must be retained on behalf of the medical practitioner or registered nurse by whom the sample was taken; and (ii) copies of the certificates referred to in paragraph (g)(i) must be sent to— (A) the Regulator; and (B) if the sample was taken as a result of testing required by a police officer—the Commissioner of Police; and (C) the person from whom the sample was taken or, if the person is dead, a relative or personal representative of the deceased; (h) if the whereabouts of the person from whom the sample is taken, or the identity or whereabouts of a relative or personal representative of the deceased (as the case may be) is unknown, there is no obligation to comply with paragraph (g)(ii)(C) but copies of the certificates must, on application made within 3 years after the completion of the analysis, be provided to any person to whom they should, but for this paragraph, have been sent. 18—Processes relating to oral fluid samples The following provisions apply where a sample of oral fluid is taken under this Part or Part 3 Division 9 of the Rail Safety National Law: (a) the authorised person who takes a sample of oral fluid for the purposes of an oral fluid analysis must— (i) place the sample of oral fluid (and any other reagent or other substance required by the regulations to be added to the sample) in approximately equal proportions, in 2 separate containers marked with an identification number distinguishing the sample from other samples of oral fluid and seal the containers; and (ii) give to the person from whom the sample was taken a notice in writing— (A) advising that the sample has been taken under section 127 of the Rail Safety National Law; and (B) advising that a container containing part of the sample and marked with the identification number specified in the notice will be available for collection by or on behalf of the person at a specified place; and (C) containing any other information prescribed by the regulations; and (iii) complete and sign a certificate containing the information required under paragraph (d); (b) each container must contain a sufficient quantity of oral fluid to enable an analysis to be made of the presence of a prescribed drug in the oral fluid; (c) it is the duty of the authorised person who takes the sample of oral fluid for the purposes of the oral fluid analysis to take such measures as are reasonably practicable in the circumstances to ensure that the sample is not adulterated (other than as required under paragraph (a)) and does not deteriorate so as to prevent a proper analysis of the presence of a prescribed drug in the oral fluid; (d) the certificate referred to in paragraph (a) must state— (i) the identification number of the sample marked on the containers referred to in that paragraph; and (ii) the name and address of the person from whom the sample was taken; and (iii) the identification number of the authorised person by whom the sample was taken; and (iv) the date, time and place at which the sample was taken; and (v) that the authorised person gave the notice referred to in that paragraph to the person from whom the sample was taken; (e) 1 of the containers containing the sample must— (i) as soon as reasonably practicable be taken by an authorised person or approved courier to the place specified in the notice given to the person under paragraph (a); and (ii) be kept available at that place for collection by or on behalf of the person for the period prescribed by the regulations; (f) after analysis of the sample in a container referred to in paragraph (a), the analyst who performed or supervised the analysis must sign a certificate containing the following information: (i) the identification number of the sample marked on the container; (ii) the name and professional qualifications of the analyst; (iii) the date the sample was received in the laboratory in which the analysis was performed; (iv) the information required by the regulations in relation to any prescribed drug or other drug found to be present in the sample; (v) any factors relating to the sample or the analysis that might, in the opinion of the analyst, adversely affect the accuracy or validity of the analysis; (vi) any other information relating to the sample or analysis that the analyst thinks fit to include; (g) on completion of an analysis of a sample— (i) the certificate of the medical practitioner or registered nurse by whom the sample was taken and the certificate of the analyst who performed or supervised the analysis must be retained on behalf of the medical practitioner or registered nurse by whom the sample was taken; and (ii) copies of the certificates referred to in paragraph (g)(i) must be sent to— (A) the Regulator; and (B) if the sample was taken as a result of testing required by a police officer—the Commissioner of Police; and (C) the person from whom the sample was taken or, if the person is dead, a relative or personal representative of the deceased; (h) if the whereabouts of the person from whom the sample is taken or, that person being dead, the identity or whereabouts of a relative or personal representative of the deceased is unknown, there is no obligation to comply with paragraph (g)(ii)(C) (but copies of the certificates must, on application made within 3 years after completion of the analysis, be provided to any person to whom they should, but for this paragraph, have been sent). Division 3—Miscellaneous 19—Concentration of alcohol in breath taken to indicate concentration of alcohol in blood If a person submits to a preliminary breath test or breath analysis and the preliminary breath test apparatus or the breath analysing instrument produces a reading in terms of a number of grams of alcohol in 210 litres of the person's breath, the reading will, for the purposes of this Act, the Rail Safety National Law and any other Act, be taken to be that number of grams of alcohol in 100 millilitres of the person's blood. 20—Evidence (1) Without affecting the admissibility of evidence that might be given otherwise than pursuant to this section, evidence may be given, in any proceedings for an offence, of the concentration of alcohol indicated as being present in the blood of the defendant by a breath analysing instrument operated by an authorised person and, if the requirements and procedures in relation to breath analysing instruments and breath analysis under this Part, Part 3 Division 9 of the Rail Safety National Law or prescribed by regulation, including subsections (4) and (5), have been complied with, it must be presumed, in the absence of proof to the contrary, that the concentration of alcohol so indicated was present in the blood of the defendant at the time of the analysis, and throughout the preceding period of 3 hours. (2) No evidence can be adduced in rebuttal of the presumption created by subsection (1) except— (a) evidence of the concentration of alcohol in the blood of the defendant as indicated by analysis of a sample of blood taken and dealt with in accordance with this Part, Part 3 Division 9 of the Rail Safety National Law or in accordance with the regulations; and (b) evidence as to whether the results of analysis of the sample of blood demonstrate that the breath analysing instrument gave an exaggerated reading of the concentration of alcohol present in the blood of the defendant. (3) No evidence can be adduced as to a breath or blood alcohol reading obtained from a coin‑operated breath testing or breath analysing machine installed in a hotel or other licensed premises. (4) As soon as practicable after a person has submitted to an analysis of breath by means of a breath analysing instrument, the person operating the instrument must deliver to the person whose breath has been analysed a statement in writing specifying— (a) the reading produced by the breath analysing instrument; and (b) the date and time of the analysis. (5) If a person has submitted to an analysis of breath by means of a breath analysing instrument and the concentration of alcohol indicated as being present in the blood of that person by the instrument is the prescribed concentration of alcohol, the person operating the breath analysing instrument must immediately— (a) give the person the prescribed oral advice and deliver to the person the prescribed written notice as to the operation of this Part and Part 3 Division 9 of the Rail Safety National Law in relation to the results of the breath analysis and as to the procedures prescribed for the taking and analysis of a sample of the person's blood; and (b) at the request of the person made in accordance with the regulations, deliver an approved blood test kit to the person. (6) A certificate— (a) purporting to be signed by the Regulator and to certify that a person named in the certificate is an authorised person; or (b) purporting to be signed by the Commissioner of Police and to certify that a person named in the certificate is authorised by the Commissioner of Police to operate breath analysing instruments; or (c) purporting to be signed by an authorised person and to certify that— (i) a breath analysing instrument used by the person was in proper order and was properly operated; and (ii) the provisions of this Part, Part 3 Division 9 of the Rail Safety National Law and the regulations with respect to breath analysing instruments and the manner in which an analysis of breath by means of a breath analysing instrument is to be conducted were complied with, is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters so certified. (7) A certificate purporting to be signed by an authorised person and to certify that— (a) a sample of oral fluid for the purposes of an oral fluid analysis was taken on a specified day and at a specified time from a person named in the certificate; and (b) the provisions of this Act with respect to the taking of samples of oral fluid for such purposes were complied with, is, in the absence of proof to the contrary, proof of the matters so certified. (8) A certificate purporting to be signed by an authorised person and to certify that a person named in the certificate submitted to an alcotest on a specified day and at a specified time and that the alcotest indicated that the prescribed concentration of alcohol may then have been present in the blood of that person is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters so certified. (9) Subject to subsection (21) a certificate purporting to be signed by an analyst, certifying as to the concentration of alcohol, or any drug, found in a specimen of blood identified in the certificate expressed in grams in 100 millilitres of blood is, in the absence of proof to the contrary, proof of the matters so certified. (10) Subject to subsection (21), a certificate purporting to be signed by an authorised person and to certify that— (a) a person named in the certificate submitted to an analysis of breath by means of a breath analysing instrument on a day and at a time specified in the certificate; and (b) the breath analysing instrument produced a reading specified in the certificate; and (c) a statement in writing required by subsection (4) was delivered in accordance with that subsection, is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters so certified. (11) A certificate purporting to be signed by an authorised person and to certify— (a) that on a date and at a time stated in the certificate, a person named in the certificate submitted to a breath analysis; and (b) that the prescribed oral advice and the prescribed written notice were given and delivered to the person in accordance with subsection (5)(a); and (c) that— (i) the person did not make a request for an approved blood test kit in accordance with the regulations; or (ii) at the request of the person, a kit that, from an examination of its markings, appeared to the person signing the certificate to be an approved blood test kit was delivered to the person in accordance with subsection (5)(b), is, in the absence of proof to the contrary, proof that the requirements of subsection (5) were complied with in relation to the person. (12) A prosecution for an offence will not fail because of a deficiency of a kit delivered to the defendant in purported compliance with subsection (5)(b) and the presumption under subsection (1) will apply despite such a deficiency unless it is proved— (a) that the defendant delivered the kit unopened to a medical practitioner or registered nurse for use in taking a sample of the defendant's blood; and (b) by evidence of the medical practitioner or registered nurse, that the medical practitioner or registered nurse was, because of a deficiency of the kit, unable to comply with the prescribed procedures governing the manner in which a sample of a person's blood must be taken and dealt with for the purposes of subsection (2). (13) Subject to subsection (21), an apparently genuine document purporting to be a certificate under this Part, or a copy of such a certificate, and purporting to be signed by an authorised person, medical practitioner, registered nurse or analyst under this Part is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters stated in the certificate. (14) If a certificate of an analyst relating to a sample of blood taken under this Part or Part 3 Division 9 of the Rail Safety National Law is received in evidence in proceedings before a court and states that the prescribed concentration of alcohol has been found to be present in the sample of blood to which the certificate relates, it will be presumed, in the absence of proof to the contrary, that the concentration of alcohol stated in the certificate was present in the sample when the sample was taken. (15) If it is proved by the prosecution in the proceedings for an offence that a concentration of alcohol was present in the defendant's blood at the time at which a sample of blood was taken under this Part or Part 3 Division 9 of the Rail Safety National Law, it will be conclusively presumed that that concentration of alcohol was present in the defendant's blood throughout the period of 3 hours immediately preceding the taking of the sample. (16) If certificates of an authorised person and analyst, or a medical practitioner and analyst, or a registered nurse and analyst, under this Part or Part 3 Division 9 of the Rail Safety National Law are received as evidence in proceedings before a court and contain the same identification number for the samples of oral fluid or blood to which they relate, the certificates will be presumed, in the absence of proof to the contrary, to relate to the same sample of oral fluid or blood. (17) If a certificate of an analyst relating to a sample of oral fluid or blood taken under this Part or Part 3 Division 9 of the Rail Safety National Law is received as evidence in proceedings before a court and states that a drug has been found to be present in the sample of oral fluid or blood to which the certificate relates, it will be presumed, in the absence of proof to the contrary, that the drug stated in the certificate was present in the sample when the sample was taken. (18) If it is proved by the prosecution in proceedings for an offence that a drug was present in the defendant's oral fluid or blood at the time at which a sample of oral fluid or blood was taken under this Part or Part 3 Division 9 of the Rail Safety National Law, it will be conclusively presumed that the drug was present in the defendant's oral fluid or blood (as the case may require) throughout the period of 3 hours immediately preceding the taking of the sample. (19) A certificate purporting to be signed by an authorised person and to certify that a person named in the certificate submitted to a drug screening test on a specified day and at a specified time and that the drug screening test indicated that a prescribed drug may then have been present in the oral fluid of the person is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters so certified. (20) A certificate purporting to be signed by an analyst and to certify that an oral fluid analysis was properly conducted is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matter so certified. (20a) A certificate— (a) purporting to be signed by the Regulator or Commissioner of Police and to certify that a person named in the certificate is authorised by the Regulator or Commissioner of Police (as the case may be) to conduct drug screening tests; or (b) purporting to be signed by a police officer or a person authorised by the Regulator or Commissioner of Police to conduct drug screening tests and to certify that the apparatus used to conduct a drug screening test was in proper order and the drug screening test was properly conducted, is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters so certified. (21) A certificate referred to in subsection (9), (10) or (13) cannot be received as evidence in proceedings for an offence— (a) unless a copy of the certificate proposed to be put in evidence at the trial of a person for the offence has, not less than 7 days before the commencement of the trial, been served on that person; or (b) if the person on whom a copy of the certificate has been served has, not less than 2 days before the commencement of the trial, served written notice on the complainant or informant requiring the attendance at the trial of the person by whom the certificate was signed; or (c) if the court, in its discretion, requires the person by whom the certificate was signed to attend at the trial. 22—Protection of medical practitioners etc from liability (1) No proceedings lie against a medical practitioner or registered nurse, or a person acting under the supervision or direction of a medical practitioner or registered nurse, in respect of anything done in good faith and in compliance, or purported compliance, with the provisions of this Part or Part 3 Division 9 of the Rail Safety National Law. (2) A medical practitioner or registered nurse must not take a sample of the person's blood under this Part or Part 3 Division 9 of the Rail Safety National Law if, in his or her opinion, it would be injurious to the medical condition of the person to do so. (3) A medical practitioner or registered nurse is not obliged to take a sample of a person's blood under this Par