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

Evidentiary certificate—blood sample not taken

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 (Taking blood samples from people in custody)—that a police officer had asked the sample taker to take a sample of the person's blood;

        (d)     if the relevant person is a person mentioned in section 15AA (Taking blood samples from people in hospital)—that the sample taker believed that the relevant person—

              (i)     was involved in an accident and had attended the hospital for examination or treatment because of the accident; and

              (ii)     the accident had happened not longer than 6 hours before the relevant person arrived at the hospital;

        (e)     whether the sample taker was of the opinion that—

              (i)     taking the sample would, or would not, be prejudicial to the proper care and treatment of the relevant person or dangerous to the relevant person's health; or

              (ii)     a sample of blood had, or had not, been taken from the relevant person since the accident mentioned in section 15 or section 15AA.



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