This legislation has been repealed.
(1) In any
proceedings, a certificate purporting to be signed by the Director General
certifying that a person named in the certificate is an authorised officer or
a person appointed under regulation 17 constitutes proof, in the absence
of proof to the contrary, of the matters so certified.
(2) Subject to
subregulation (4), in any proceedings, a certificate purporting to be
signed by an authorised person certifying that —
(a) the
apparatus used by the authorised person was breath analysing equipment within
the meaning of the regulation 14(3);
(b) the
breath analysing equipment was in proper order and was properly operated;
(c)
equipment referred to in the certificate is or was of a kind approved under
regulation 15(b) for the purpose of performing a preliminary test;
(d) a
railway employee named in the certificate submitted to a preliminary test on a
specified day and at a specified time and that the preliminary test indicated
that the concentration of alcohol prescribed under regulation 16 may then
have been present in the employee’s blood,
constitutes proof, in
the absence of proof to the contrary, of the matters so certified.
(3) Subject to
subregulation (4), a certificate purporting to be signed by an authorised
person certifying that —
(a) a
sample of the breath of a railway employee named in the certificate was
furnished for analysis in breath analysing equipment;
(b) a
concentration of alcohol expressed in grams in 100 mL was indicated by that
breath analysing equipment as being present in the blood of that person on the
day and at the time stated in the certificate; and
(c) a
written notice required by regulation 20(1) was delivered to the railway
employee in accordance with that regulation,
constitutes proof, in
the absence of proof to the contrary, of the matters so certified.
(4) A certificate
referred to in subregulation (2), (3), or (5) may be used as evidence
only if —
(a) a
copy of the certificate has, not less than 7 days before the commencement
of the trial, been served on the person to whom the certificate relates;
(b) the
person on whom a copy of the certificate has been served has not, not less
than 2 days before the commencement of the trial, served written notice
on the complainant or informant requiring the attendance at the trial of the
person by whom the certificate was signed; or
(c) the
court does not require the person by whom the certificate was signed to attend
at the trial.
(5) Subject to
subregulation (4), an apparently genuine document purporting to be a
certificate, or copy of a certificate, of a medical practitioner, analyst, or
drugs analyst under these regulations is admissible in any proceedings and
constitutes proof, in the absence of proof to the contrary, of the matters
stated in the certificate.
(6) Certificates of a
medical practitioner, analyst, or drugs analyst which refer to the same
identification number for a sample of blood or urine constitute proof, in the
absence of proof to the contrary, that the certificates relate to the same
sample of blood or urine.
(7) The concentration
of alcohol indicated in a notice given under regulation 20 as being
present in a railway employee’s blood constitutes proof that that was
the concentration of alcohol in that employee’s blood at the time of the
breath analysis and in the 5 hours before the analysis unless it is
proved from an analysis of a blood sample under these regulations that the
concentration indicated in the notice could not have been correct at the
relevant time.
(8) The concentration
of alcohol or another drug certified in a certificate of an analyst or drug
analyst under regulation 22(5) as being present in a railway
employee’s blood or urine constitutes proof, in the absence of proof to
the contrary, that that was the concentration of alcohol or the other drug in
that employee’s blood at the time that the blood or urine sample was
taken and in the 5 hours before the sample was taken.