Western Australian Current Acts Western Australian Current Acts (1) In any court
proceedings, a certificate in a form approved by the Minister purporting to be
signed by any of the following persons is evidence of the matters stated in
the certificate and the facts on which the matters are based —
(a) the
Commissioner of Police — certifying that a person named in the
certificate is a police officer and whether or not the person is competent to
operate a breath analysis instrument or oral fluid analysis device;
(b) the
chief executive officer of the Chemistry Centre (WA) — certifying any or
all of the following matters about a person named in the certificate —
(i)
the person is an analyst;
(ii)
the person is competent to determine the concentration of
alcohol in bodily substances;
(iii)
the person is competent to determine whether, and to what
extent, drugs are present in bodily substances;
(c) the
Regulator — certifying that a person named in the certificate is an
authorised person and whether or not the person is authorised to operate a
breath analysis instrument or oral fluid analysis device;
(d) an
authorised person — certifying any or all of the following matters
—
(i)
a device used by the person was a breath analysis
instrument or oral fluid analysis device;
(ii)
a breath analysis instrument or oral fluid analysis
device used by the person was in proper order and was properly operated;
(iii)
the person used a breath analysis instrument or oral
fluid analysis device in a way that complied with this Part and the local
regulations;
(iv)
that, using a breath analysis instrument, the rail safety
worker named in the certificate provided a sample of breath for analysis;
(v)
that, using a prescribed device for collecting an oral
fluid sample, the rail safety worker named in the certificate provided a
sample of oral fluid for analysis;
(vi)
a breath analysis instrument indicated the concentration
of alcohol, expressed in grams of alcohol per 210 litres of breath, stated in
the certificate was present in the breath of the rail safety worker named in
the certificate on the day and at the time specified in the certificate;
(vii)
an oral fluid analysis device indicated that the
prescribed drug stated in the certificate was present in the oral fluid of the
rail safety worker named in the certificate on the day and at the time
specified in the certificate;
(viii)
the authorised person complied with a requirement imposed
on the person by the local regulations;
(e) a
member of staff of a hospital — certifying something arising out of the
member’s occupation;
(f) the
chief executive officer of the Chemistry Centre (WA), an analyst or a person
acting under the supervision of an analyst — certifying something
arising out of the chief executive officer’s, analyst’s or
person’s occupation.
(2) A certificate
certifying a matter mentioned in subsection (1)(c), (d) or (e) cannot be used
as evidence against a person (the defendant ) in proceedings for an offence
against the Rail Safety National Law (WA) Part 3 Division 9 if —
(a) a
copy of the certificate is not served on the defendant at least 7 days before
the proceedings start; or
(b) at
least 2 days before the start of the trial, the defendant gives the court
written notice requiring the person who signed the certificate to attend the
trial; or
(c) the
court requires the person who signed the certificate to attend the trial.
(3) For the purposes
of subsection (1), the Minister may approve forms of certificates to be used
by different persons for different purposes.