Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) In any proceedings in a court—
(a) a certificate purporting to be signed by a police officer and stating—
(i) that he or she was on a specified date an authorised operator; and
(ii) that, at a place and at a time and on a date specified in the certificate a person named in the certificate was required by a specified officer to provide a sample of his or her breath for breath analysis by a breath analysis instrument; and
(iii) the instrument used in the analysis, by reference to its model number, patent number and serial number; and
(iv) that the breath analysis instrument was in proper working order; and
(v) the procedures followed and precautions taken immediately before the breath analysis, during the breath analysis and immediately after the completion of the breath analysis; and
(vi) that the person named in the certificate provided a sample of his or her breath for analysis in accordance with the directions of the police officer who made the requirement; and
(vii) the steps that were taken to ensure that it was not readily apparent to members of the public that the breath analysis was being carried out; and
(viii) that, in following such of those procedures in relation to which the regulations make provision that specified results are to be obtained, the results specified in the certificate were obtained; and
(ix) that the figure recorded or shown by the breath analysis instrument as the result of the analysis was a specified figure or was not less than a specified figure and not more than another specified figure, as the case requires; and
(x) that, as soon as practicable after the breath analysis was carried out, he or she signed and gave to the person referred to in paragraph (a) (ii) a statement as required by section 12 (5);
is evidence of the matters stated in the certificate; and
(b) a certificate purporting to be signed by a police officer and stating—
(i) that he or she was on a specified date an authorised operator; and
(ii) that, at a place and time and on a date specified in the certificate, a person named in the certificate was required by a specified police officer to provide a sample of his or her breath for breath analysis by a breath analysis instrument; and
(iii) the instrument available for the purpose of the analysis, by reference to its model number, patent number and serial number; and
(iv) that the breath analysis instrument was in proper working order; and
(v) the procedures followed immediately before the person was required to provide a sample of his or her breath for the breath analysis and the results obtained in following those procedures; and
(vi) that the person referred to refused or failed to provide a sample of his or her breath for analysis;
is evidence of the matters stated in the certificate; and
(c) a written statement mentioned in section 12 (5) that is a print-out from a breath analysis instrument is evidence of the matters stated in the statement; and
(d) a certificate that appears to be signed by a person who is a doctor or nurse and states the following is evidence of the matter:
(i) that the person is a doctor or nurse;
(ii) that the person took a sample of blood or other body sample from a person mentioned in the certificate (the relevant person ) on a stated day, at a stated time, in a stated place;
(iii) that the person placed the sample of blood or other body sample into a container;
(iv) that the person attached a label to the container that contained the following information:
(A) the person's name;
(B) the relevant person's name;
(C) the date and time the sample was taken;
(v) that the person sealed the container with a tamper-evident seal that had a stated unique identifying number marked on it;
(vi) that the person placed the sealed container into a one-way box;
(vii) if the sample was taken under section 15 or section 15AA—that, when the sample was taken, the relevant person was unconscious or the person was of the opinion that the relevant person was incapable of giving or refusing permission to take a sample of blood; and
(e) a certificate purporting to be signed by a doctor or nurse practitioner stating all of the following is evidence of the matters stated in the certificate:
(i) that he or she is a doctor or nurse practitioner;
(ii) that at a stated hospital, on a stated date and at a stated time, he or she was attending the person named in the certificate;
(iii) that the doctor or nurse practitioner was told by a police officer that the police officer intended to require a person to—
(A) undergo an alcohol screening test under division 2.2 (Alcohol—screening tests); or
(B) provide a sample of the person's breath for analysis under section 12 (Breath analysis);
(iv) when told, the doctor or nurse was of the opinion that—
(A) complying with the requirement would be prejudicial to the proper care and treatment of the person or dangerous to the person's health; or
(B) complying with the requirement would not be prejudicial to the proper care and treatment of the person or dangerous to the person's health; and
(f) a certificate that appears to be a certificate mentioned in the Road Transport Act 2013
(NSW), schedule 3, clause 36 is evidence of the matters stated in the certificate; and
(g) a certificate that appears to be signed by a person who is an analyst and states the following is evidence of the matter:
(i) that the person is an analyst;
(ii) that a blood sample or other body sample (the analysed sample ) was analysed at an approved laboratory;
(iii) that the analysed sample was in a container—
(A) labelled in accordance with section 15 (7) (Taking blood samples from people in custody), section 15AA (4) (Taking blood samples from people in hospital) or section 16 (7) (Medical examination—offence against s 24 or culpable driving); and
(B) sealed with a tamper-evident seal marked with a stated unique identifying number;
(iv) that the tamper-evident seal did not appear to have been interfered with;
(v) the analysis to which the analysed sample was subjected;
(vi) the result of the analysis;
(vii) that the analysis was accurate; and
(h) a certificate expressed to be given for this paragraph, purporting to be signed by a person specified or described in the regulations and containing statements in relation to matters permitted by the regulations to be stated in such a certificate is evidence of matters stated in the certificate.
(2) A certificate expressed to be given for a paragraph of this section is not inadmissible only because of the fact that the certificate relates to 1, or some only, of the matters mentioned in that paragraph.