Transport Legislation Amendment (Rail Safety Local Operations and ...

for the purposes of section 86I; or
for a proceeding for an offence against section 48(2); or
for the purposes of the Transport Accident Act 1986—
but may be given—
to the Transport Accident Commission and, for the
purposes of a review under the Transport Accident
Act 1986, to the Tribunal; and
to the Department for the purposes of accident research.
New section 86H(6) provides that a person must not hinder or
obstruct a doctor or approved health professional attempting to
take a sample of the blood of any other person in accordance
with this section. A penalty of $10 000 applies.
New section 86H(7) provides that no action lies against a doctor
or approved health professional in respect of anything properly
and necessarily done by the doctor or approved health
professional in the course of taking any sample of blood which
the doctor or approved health professional believes on
reasonable grounds was required or allowed to be taken from a
rail safety worker under this section.
New Division 4 to Part 6 of the Rail Safety Act 2006 sets out
evidentiary provisions for blood and oral fluid tests.
New section 86I sets out detailed evidentiary provisions in
respect of blood tests.
New section 86I(1) provides definitions for the purposes of
section 86I.
approved analyst means a person who by virtue of new section
86I(2) is taken to be a properly qualified expert for the purpose
of the section.
approved expert means a person who by virtue of new section
86I(3) is taken to be a properly qualified expert for the purpose
of the section.
properly qualified analyst means—
an approved analyst; or
a person who is considered by the court hearing the
charge for the offence to have scientific qualifications,
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