Rail Safety National Law Application Act 2024 (WA)

Western Australia Rail Safety National Law Application Act 2024 Western Australia Rail Safety National Law Application Act 2024 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Act binds Crown 1 Part 2 — Rail Safety National Law Division 1 — Application of Rail Safety National Law 5. Application of National Law as law of the State 1 6. Commencement of National Law as law of the State 1 7. Tabling amending Acts 1 8. Disallowance of amending Acts 1 9. Commencement of provisions of amending Acts 1 10. Amending Acts enacted after 20 June 2023 but before commencement day 1 11. Tabling of amending Act taken to be publication for Standing Orders 1 Division 2 — Application of Rail Safety National Regulations 12. Application of National Regulations as subsidiary legislation 1 13. National Regulations made under amending Act provision 1 14. National Regulations made under or for purposes of amending Act 1 15. Publication of National Regulations 1 16. Tabling and disallowance of National Regulations 1 17. Interpretation Act 1984 s. 41 and 42 do not apply to Rail Safety National Regulations (WA) 1 Division 3 — Miscellaneous 18. Meaning of generic terms in Rail Safety National Law (WA) for purposes of this jurisdiction 1 19. No double jeopardy 1 20. Exclusion of legislation of this jurisdiction 1 Part 3 — Local provisions for alcohol and drug testing Division 1 — Preliminary 21. Terms used 1 22. Using breath sample to work out blood alcohol content 1 Division 2 — Alcohol testing 23. Power to require rail safety worker to submit to preliminary breath test or breath analysis 1 24. When preliminary breath test or breath analysis may be required 1 25. When rail safety worker is not obliged to comply with requirement 1 26. When authorised person must not require rail safety worker to submit to breath test 1 27. Conduct of breath analysis 1 28. Further breath analysis 1 29. Breath analysis indicates prescribed BAC 1 Division 3 — Drug testing 30. Power to require rail safety worker to submit to drug test 1 31. When drug screening test or oral fluid analysis may be required 1 32. When rail safety worker not obliged to comply with requirement to submit to drug test 1 33. When authorised person must not make drug testing requirement 1 34. Conduct of drug screening test or oral fluid analysis 1 Division 4 — Blood tests 35. Power to require rail safety worker to submit to blood test 1 36. When blood test may be required after preliminary breath test or breath analysis 1 37. When blood test may be required after drug test or notifiable occurrence or as alternative to drug test 1 38. Blood test may be required if breath test, breath analysis or drug test fails to explain conduct, condition or appearance 1 39. When rail safety worker is not obliged to comply with requirement to submit to blood test 1 40. Authorisation to take blood sample: injured rail safety worker treated at hospital after notifiable occurrence 1 41. Authorisation to take blood sample: rail safety worker deceased after notifiable occurrence 1 Division 5 — Evidence 42. Term used: relevant time 1 43. Use of test or analysis result in court proceedings 1 44. No evidence of breath or blood alcohol content obtained from particular breath tests 1 45. Evidence by certificate 1 Division 6 — Other matters 46. Delegation by Commissioner of Police 1 47. Local regulations 1 Part 4 — Repeals and transitional provisions Division 1 — Repeals 48. Written laws repealed 1 Division 2 — Transitional provisions 49. Terms used 1 50. Application of Interpretation Act 1984 1 51. References to the Law and this Law 1 52. Existing applications for accreditation or registration 1 53. Existing right of review 1 54. Existing right of appeal 1 55. Undecided review or appeal 1 56. Transitional regulations 1 Part 5 — Consequential amendments 57. Government Railways Act 1904 amended 1 2A. Relationship of this Act to Rail Safety National Law (WA) 1 58. Various references to "Rail Safety National Law (WA) Act 2015" amended 1 Notes Compilation table 1 Defined terms Western Australia Rail Safety National Law Application Act 2024 An Act — * to apply the Rail Safety National Law (with modifications) as a law of the State; and * to repeal the Rail Safety National Law (WA) Act 2015, the Rail Safety National Law (WA) (Alcohol and Drug Testing) Regulations 2015 and the Rail Safety National Law (WA) Regulations 2015; and * to make consequential amendments to various other Acts; and * for related purposes.