Rail Safety (Adoption of National Law) Regulation 2018 (2018-396) (NSW)

Rail Safety (Adoption of National Law) Regulation 2018

Part 1 Preliminary

1 Name of Regulation This Regulation is the Rail Safety (Adoption of National Law) Regulation 2018.

2 Commencement This Regulation commences on the day on which it is published on the NSW legislation website.

Note— This Regulation repeals and replaces the Rail Safety (Adoption of National Law) Regulation 2012, which would otherwise be repealed on 1 September 2018 by section 10(2) of the Subordinate Legislation Act 1989.

3 Definitions (1) In this Regulation— analyst means a person employed by the owner or operator of an approved laboratory as an analyst. approved laboratory means— (a) in relation to blood samples—the following laboratories— (i) the laboratory at the NSW Health Pathology Forensic & Analytical Science Service at Lidcombe, (ii) the laboratory at the NSW Health Pathology Forensic & Analytical Science Service at North Ryde, and (b) in relation to urine samples—a laboratory that has been accredited by the National Association of Testing Authorities, Australia for the purposes of AS/NZS 4308:2008, and (c) in relation to oral fluid samples—the following laboratories— (i) the laboratory at the NSW Health Pathology Forensic & Analytical Science Service at Lidcombe, (ii) the laboratory at the NSW Health Pathology Forensic & Analytical Science Service at North Ryde, (iii) the laboratory at Racing Analytical Services Ltd at Flemington, Victoria. approved oral fluid analysing instrument means— (a) an approved oral fluid analysing instrument within the meaning of Schedule 3 to the Road Transport Act 2013, or (b) the device known as Thermo TSQ Quantum Ultra, or (c) the device known as Thermo TSQ Quantum Access, or (d) the device known as Thermo TSQ Orbitrap Discovery, or (e) the device known as AB Sciex QTrap 5500, or (f) the device known as Shimadzu High Performance Liquid Chromatography Mass Spectrometer LCMS-8060. approved oral fluid testing device means— (a) an approved oral fluid testing device within the meaning of Schedule 3 to the Road Transport Act 2013, or (b) the device known as Medvet Oral7. AS/NZS 4308:2008 means Australian/New Zealand Standard AS/NZS 4308:2008Procedures for specimen collection and the detection and quantitation of drugs of abuse in urine. authorised sample taker has the same meaning as in Schedule 3 to the Road Transport Act 2013. breath analysing instrument has the same meaning as in the Road Transport Act 2013. breath analysis has the same meaning as in Schedule 3 to the Road Transport Act 2013. drug screening test means a test carried out by an approved oral fluid testing device for the purpose of ascertaining whether any drugs are present in a person's oral fluid. hospital means any of the following— (a) a public hospital within the meaning of the Health Services Act 1997 controlled by a local health district or the Crown, (b) a statutory health corporation or affiliated health organisation within the meaning of the Health Services Act 1997, (c) a private health facility within the meaning of the Private Health Facilities Act 2007. oral fluid analysis means a test carried out by an approved oral fluid analysing instrument for the purpose of ascertaining, by analysis of a person's oral fluid, the presence of drugs in that person's oral fluid. preliminary breath test means a test for the purpose of indicating the concentration of alcohol in a person's breath or blood, carried out on that person's breath by means of a device, not being a breath analysing instrument, of a type that complies with the requirements of AS 3547:2019, Breath alcohol testing devices, as reissued in January 2021, or of a type approved by the Governor by order published in the Gazette for the purposes of the Road Transport Act 2013. sample, in relation to urine, includes, if the sample is divided into portions, a portion of the sample. the Act means the Rail Safety (Adoption of National Law) Act 2012.