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ROAD TRANSPORT (ALCOHOL AND DRUGS) ACT 1977 - SECT 41AA

Evidentiary certificates—drug-related tests

    (1)     A certificate that appears to be signed by a police officer and states a matter relevant to any of the following is evidence of the matter:

        (a)     that the police officer was on a stated date an authorised operator;

        (b)     that, at a place and at a time and on a date stated in the certificate, a person named in the certificate was required by a stated police officer to provide a sample of the person's oral fluid for analysis by an oral fluid analysis instrument;

        (c)     the instrument used in the analysis, by reference to its model number, patent number and serial number;

        (d)     that the oral fluid analysis instrument was in proper working order;

        (e)     the procedures followed and precautions taken immediately before the oral fluid analysis, during the oral fluid analysis and immediately after the completion of the oral fluid analysis;

        (f)     that the person named in the certificate provided a sample of the person's oral fluid for analysis in accordance with the directions of the police officer who made the requirement;

        (g)     the steps that were taken to ensure that it was not readily apparent to members of the public that the oral fluid analysis was being carried out;

        (h)     that, in following the procedures for which a regulation makes provision that stated results are to be obtained, the results stated in the certificate were obtained;

              (i)     that, as soon as practicable after the oral fluid analysis was carried out, the police officer signed and gave to the person mentioned in paragraph (b) the statement required by section 13E (6).

    (2)     A certificate that appears to be signed by a police officer and states a matter relevant to any of the following is evidence of the matter:

        (a)     that the police officer was on a stated date an authorised operator;

        (b)     that, at a place and at a time and on a date stated in the certificate, a person named in the certificate was required by a stated police officer to provide a sample of the person's oral fluid for analysis by an oral fluid analysis instrument;

        (c)     the instrument available to be used in the analysis, by reference to its model number, patent number and serial number;

        (d)     that the oral fluid analysis instrument was in proper working order;

        (e)     the procedures followed immediately before the person was required to provide a sample of the person's oral fluid for analysis and the results obtained in following those procedures;

        (f)     that the person—

              (i)     was unable to provide a sufficient sample of the person's oral fluid for analysis; or

              (ii)     failed to provide a sample of the person's oral fluid for analysis.

Note     Fail includes refuse (see Legislation Act

, dict, pt 1).

    (3)     A written statement mentioned in section 13E (6) that is a print-out from an oral fluid analysis instrument is evidence of the matters stated in the print-out.

    (4)     A certificate that appears to be signed by a person who is a doctor or nurse practitioner and states any of the following is evidence of the matter:

        (a)     that the person is a doctor or nurse practitioner;

        (b)     that, at a stated hospital, on a stated date and at a stated time, the person was attending the person named in the certificate (the relevant person );

        (c)     that the person was told by a police officer of the officer's intention to require the relevant person to—

              (i)     undergo a drug screening test under division 2.4 (Prescribed drugs—screening tests); or

              (ii)     provide a sample of the person's oral fluid for analysis under section 13E (Oral fluid—preliminary analysis);

        (d)     whether the person was of the opinion, at the time the person was told, that complying with the requirement would, or would not, be prejudicial to the proper care and treatment of the relevant person or dangerous to the relevant person's health.

    (5)     A certificate that appears to be signed by a person who is a doctor or nurse (a sample taker ) and states a matter relevant to any of the following is evidence of the matter:

        (a)     that the person is a doctor or nurse;

        (b)     that the sample taker attended a person mentioned in the certificate (the relevant person ) on a stated day, at a stated time, in a stated hospital or sampling facility;

        (c)     if the relevant person is a person mentioned in section 15 (1) (Taking blood samples from people in custody)—that a police officer has asked the sample taker to take a sample of the person's blood;

        (d)     that the sample taker took a sample of blood from the relevant person;

        (e)     that the sample taker placed the blood sample into a container;

        (f)     that the sample taker attached a label to the container that contained the following information:

              (i)     the sample taker's name;

              (ii)     the relevant person's name;

              (iii)     the date and time the blood sample was taken;

        (g)     that the sample taker sealed the container with a tamper-evident seal that had a stated unique identifying number marked on it;

        (h)     that the sample taker placed the sealed container into a one-way box;

              (i)     if the sample was taken under section 15—that, when the sample was taken, the relevant person was unconscious or the sample taker was of the opinion that the relevant person was incapable of giving or refusing permission to take a sample of blood.



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