A certificate under s 41(1) of the Road Transport (Alcohol and Drugs) Act 1977 (ACT) is evidence of the matters stated but does not shift the legal onus of proof to the defendant. However, it raises an evidentiary onus requiring the defendant to adduce evidence capable of casting doubt on the reliability of the breath analysis instrument. Merely eliciting in cross-examination that the operator relied on the machine's self-test, without evidence that such a test is inadequate, does not discharge that evidentiary onus.
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