Evidentiary matters in relation to prescribed alcohol/drug tests
201 Evidentiary matters in relation to prescribed alcohol/drug tests
(1) This section applies for the purposes of legal proceedings arising out of the operation of this Act in which the carrying out or results of a prescribed alcohol/drug test are relevant.
If a prescribed alcohol/drug test detects:
the presence of alcohol in a sample of a person's breath; or
the presence of alcohol or a drug in a person's body;
the person is taken to have consumed or used alcohol or the drug, unless the contrary is proved.
Note for subsection (2)
In criminal proceedings, the defendant has a legal burden of proof in relation to proving to the contrary (see section 43BV(c) of the Criminal Code).
(3) A certificate signed by a prescribed certifier stating matters relating to a certifiable matter is evidence of the matters stated in the certificate and the facts on which they are based.
In this section:
certifiable matter, for a prescribed certifier, means a matter relating to a prescribed alcohol/drug test that is specified in the regulations as a matter in relation to which the certifier may issue an evidentiary certificate.
prescribed certifier means a person prescribed by regulation as a person who may issue an evidentiary certificate.
This provision refers to the regulations (specified in the regulations
, prescribed by regulation
). Made under this Act:
This Act’s bill:Explanatory statementSecond reading speech
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