Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsMatters relating to samples for initial drug tests
(1) A certificate that under subsection 36(4) of the Act is admissible in proceedings concerning an initial drug test must:
(a) be signed by an approved tester; and
(b) be in respect of a body sample taken by the tester for an initial drug test; and
(c) be in respect of a body sample that the tester conducted an initial drug test on; and
(d) state one or more of the matters set out in subregulation (3).
(2) Subject to regulation 99.305, if subregulation (1) is complied with, then the certificate is admissible as evidence of the matters stated in the certificate in any proceedings under the Act, these Regulations or the Criminal Code .
Note: Regulation 99.315 prescribes proceedings under the Criminal Code for the purposes of paragraph 36(4)(d) of the Act.
(3) For paragraph (1)(d), the matters are as follows:
(a) the approved tester's allocated number;
(b) that the tester who signed the certificate was an approved tester at the time the body sample was taken;
(c) when the body sample was taken;
(d) from whom the body sample was taken;
(e) the applicable SSAA that the donor was performing or available to perform at the time the body sample was taken;
(f) the make, model and serial number of the approved drug testing device used to conduct the test on the body sample;
(g) a description of the method of sampling;
(h) whether the test conducted on the body sample was an initial drug test;
(i) the result of the test conducted;
(j) the sample identifier, if any, for the body sample.
Matters relating to alcohol tests
(4) A certificate that under subsection 36(4) of the Act is admissible in proceedings concerning an alcohol test under Subpart 99.C must:
(a) be signed by an approved tester; and
(b) be in respect of a body sample taken by the tester for an alcohol test; and
(c) state one or more of the matters set out in subregulation (6).
(5) Subject to regulation 99.305, if subregulation (4) is complied with, then the certificate is admissible as evidence of the matters stated in the certificate in any proceedings under the Act, these Regulations or the Criminal Code .
Note: Regulation 99.315 prescribes proceedings under the Criminal Code for the purposes of paragraph 36(4)(d) of the Act.
(6) For paragraph (4)(c), the matters are as follows:
(a) the approved tester's allocated number;
(b) that the tester who signed the certificate was an approved tester at the time the body sample was taken;
(c) when the body sample was taken;
(d) from whom the body sample was taken;
(e) the applicable SSAA that the donor was performing or available to perform at the time the body sample was taken;
(f) the make, model and serial number of the approved breathalyser used to take the body sample and conduct the test;
(g) a description of the method of sampling;
(h) the alcohol test conducted on the body sample;
(i) the result of the test conducted.