Under s.49(1)(b) of the Road Safety Act 1986 (Vic), the prosecution bears no onus to prove proper operation of the breath analysing instrument; the prosecution must prove the prescribed concentration was present in the driver's blood, which may be established by any means. Under s.49(1)(f), the onus is on the accused under s.49(4) to prove on the balance of probabilities that the instrument was not properly operated. An informant's wish to appeal under s.92 of the Magistrates' Court Act 1989 may be inferred from the informant's conduct in the appeal process without requiring a sworn statement.
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