Marine Safety Act 1998

Proceedings to which clause applies This clause applies to any of the following proceedings—

proceedings for an offence against section 24 (Presence of prescribed concentration of alcohol in person’s breath or blood),

proceedings for an offence against section 25 (Presence of certain drugs (other than alcohol) in oral fluid, blood or urine),

proceedings for an offence against section 26 (Operating vessel under influence of alcohol or other drug),

Certificates from sample takers A certificate purporting to be signed by an authorised sample taker (the certifier) certifying any one or more of the following matters is admissible in proceedings to which this clause applies and is prima facie evidence of the particulars certified in and by the certificate—

that the certifier was an authorised sample taker who attended a specified person,

that the certifier took a sample of the person’s blood or urine in accordance with this Schedule, and any relevant provisions of the regulations, on the day and at the time stated in the certificate,

that the certifier dealt with the sample in accordance with this Schedule and any relevant provisions of the regulations,

that the certifier used equipment of a specified description in so taking and dealing with the sample,

that the container was sealed, and marked or labelled, in a specified manner.

A certificate purporting to be signed by a police officer certifying any one or more of the following matters is admissible in proceedings to which this clause applies and is prima facie evidence of the particulars certified in and by the certificate—

that the officer took a sample of the oral fluid of the person named in the certificate in accordance with this Schedule, and any relevant provisions of the regulations, on the day and at the time stated in the certificate,

that the officer dealt with the sample in accordance with this Schedule and any relevant provisions of the regulations,

that the container was sealed, and marked or labelled, in a specified manner,

that the officer arranged for the sample to be submitted for oral fluid analysis to determine the presence of any prescribed illicit drugs in the oral fluid.

Certificates from police officers about arrangements for analysis A certificate purporting to be signed by a police officer certifying any one or more of the following matters is admissible in proceedings to which this clause applies and is prima facie evidence of the particulars certified in and by the certificate—

that the officer received a sample of a specified person’s blood or urine in accordance with this Schedule for submission to a prescribed laboratory for analysis,

that the officer arranged for the sample to be submitted for analysis by an analyst to determine the concentration of alcohol in the sample or the presence or concentration of another drug in the sample (as the case requires),

that the sample was in a container that was sealed, or marked or labelled, in a specified manner.

Certificates from analysts A certificate purporting to be signed by an analyst certifying any one or more of the following matters—

that a sample of a specified person’s blood, urine or oral fluid was received, on a specified day, in a container submitted for analysis under this Schedule,

that the container, as received, was sealed, and marked or labelled, in a specified manner,

that on receipt of the container, the seal was unbroken,

in the case of an analysis of a blood sample carried out to determine the concentration of alcohol in the blood of the specified person—

that an analysis of the sample was carried out to determine the concentration of alcohol in the sample, and

that the concentration of alcohol determined pursuant to the analysis and expressed in grams of alcohol in 100 millilitres of blood was present in that sample,

in the case of an analysis of a blood or urine sample carried out to determine the presence or concentration of a prescribed illicit drug or other drug in the blood or urine of the specified person—

that an analysis of the sample was carried out to determine whether any prescribed illicit drug or other drug (as the case requires) was present in the sample, and

that a specified prescribed illicit drug or other drug (as the case requires) ascertained pursuant to the analysis was present in that sample and, if so certified, was present in that sample in a specified concentration,

in the case of an oral fluid analysis carried out on the oral fluid of the specified person—

that an oral fluid analysis of the sample was carried out to determine the presence of any prescribed illicit drugs in the sample, and

that a specified prescribed illicit drug was determined pursuant to the oral fluid analysis to be present in that sample,

that the analyst was, at the time of the analysis, an analyst within the meaning of this Schedule,

of the particulars certified in and by the certificate, and

that the sample was a sample of the blood, urine or oral fluid of that specified person, and

that the sample had not been tampered with before it was received.

Certificates from interstate sample takers and analysts A certificate purporting to be signed by an interstate sample taker or interstate analyst in accordance with a provision of a law of another jurisdiction that substantially corresponds to the relevant provisions of this Schedule concerning sample taking or analysis is admissible in proceedings to which this clause applies and is prima facie evidence of the particulars certified in and by the certificate.

An analysis to which a certificate referred to in subclause (6) relates is taken to be an analysis under this Schedule.

Special provisions regarding proceedings for offences against section 26 Subclauses (1)–(3) do not apply to proceedings for an offence against section 26 (1) brought on a charge that, by the operation of clause 41 (1), cannot be laid.

Definitions In this clause—