Road Transport Act 2013

This clause applies to any of the following proceedings—

proceedings for an offence against section 110 (Presence of prescribed concentration of alcohol in person’s breath or blood),

proceedings for a combined alcohol and drug driving offence,

proceedings for an offence against clause 3(4), 16(1)(a) or (b) or 18(1)(a) or (b).

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

the officer is authorised by the Commissioner of Police to carry out a breath analysis,

a person named in the certificate submitted to a breath analysis,

the apparatus used by the officer to make the breath analysis was a breath analysing instrument within the meaning of this Act,

the analysis was made on the day and completed at the time stated in the certificate,

a concentration of alcohol determined by that breath analysing instrument and expressed in grams of alcohol in 210 litres of breath or 100 millilitres of blood was present in the breath or blood of that person on the day and at the time stated in the certificate,

a statement in writing required by clause 5(3) was delivered in accordance with that subclause.

A certificate purporting to be signed by the Commissioner of Police that the police officer named in the certificate is authorised by the Commissioner of Police to carry out a breath analysis is admissible in proceedings to which this clause applies and is prima facie evidence of the particulars certified in and by the certificate.

Evidence of the condition of a breath analysing instrument, or of the manner in which it was operated, is not required in proceedings to which this clause applies unless evidence sufficient to raise doubt that the instrument was in proper condition and properly operated has been adduced.