Rail Safety National Law (WA)

Western Australia Rail Safety National Law (WA) Rail Safety National Law Application Act 2024 Rail Safety National Law (WA) (Alcohol and Drug Testing) Regulations 2024 Western Australia Rail Safety National Law (WA) (Alcohol and Drug Testing) Regulations 2024 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. Terms used 1 4. Qualified person 1 Part 2 — Breath testing for alcohol 5. Preliminary testing device 1 6. Carrying out preliminary breath test 1 7. Breath analysis instrument 1 8. Carrying out breath analysis 1 Part 3 — Oral fluid testing for drugs 9. Drug screening devices 1 10. Carrying out drug screening test 1 11. Collection of oral fluid samples 1 12. Collection of oral fluid for oral fluid analysis 1 Part 4 — Urine test 13. Term used: urine sampling equipment 1 14. Taking of urine sample 1 15. Preparation of urine sampling equipment 1 Part 5 — Blood testing 16. Term used: blood sampling equipment 1 17. Taking of blood sample 1 18. Preparation of blood sampling equipment 1 19. Analytical method 1 Part 6 — Certificates 20. Certificates by sample takers 1 21. Certificates by analysts 1 Notes Compilation table 1 Defined terms Rail Safety National Law (WA) Rail Safety National Law Application Act 2024 Rail Safety National Law (WA) (Alcohol and Drug Testing) Regulations 2024

Part 1 — Preliminary

1. Citation These regulations are the Rail Safety National Law (WA) (Alcohol and Drug Testing) Regulations 2024.

2. Commencement These regulations come into operation on 1 October 2024.

3. Terms used In these regulations — approved means approved by the Minister; qualified person has the meaning given in regulation 4; technologist has the meaning given in the Road Traffic Act 1974 section 70(7); worker means a rail safety worker.

4. Qualified person (1) In this regulation — authorised drug tester has the meaning given in the Road Traffic Act 1974 section 65; registered training organisation has the meaning given in the National Vocational Education and Training Regulator Act 2011 (Commonwealth) section 3. (2) For the purposes of paragraph (c) of the definition of sample taker in section 21(1) of the Act, a person is a qualified person if the person — (a) for the purposes of Part 3 — is an authorised drug tester; or (b) has been trained by a registered training organisation — (i) for the purposes of Part 4 — to take a sample of urine from a person; or (ii) for the purposes of Part 5 — to take a sample of blood from a person.