Commonwealth Consolidated Acts

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NAVIGATION ACT 2012 - SECT 88

Evidentiary certificates

  (1)   A person who conducts an alcohol test or a drug test may issue a certificate stating :

  (a)   that he or she conducted an alcohol test or a drug test of a person named in the certificate; and

  (b)   the steps taken in conducting the test ; and

  (c)   that the person was given a statement in writing under section   82 .

  (2)   In any proceedings relating to this Part, a certific ate under this section is prima - facie evidence of the matters in the certificate.

  (3)   A document purporting to be a certificate under this section must , unless the contrary is proved, be taken to be such a certificate and to have been properly issued.

  (4)   A certificate must not be admitted in evidence in proceedings in relation to an offence or a civil penalty unless the person against whom the proceedings were instituted has, at least 14 days before the certificate is sought to be admitted, been given :

  (a)   a copy of the certificate ; and

  (b)   reasonable notice of the intention to produce the certificate as evidence in the proceedings.

 



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