Evidence by certificate
31 Evidence by certificate
In any court proceedings, a certificate in an approved form purporting to be signed by any of the following is prima facie evidence of the matters stated in the certificate and the facts on which they are based:
the Commissioner of Police – certifying either of the following about a person named in the certificate:
the person is a police officer authorised to use a breath analysis instrument;
the person is an analyst;
the Regulator – certifying a person named in the certificate is an analyst or authorised person;
an authorised person – certifying the following:
the apparatus used by the authorised person was a breath analysis instrument;
the breath analysis instrument was in proper order and properly operated;
the breath analysis instrument was used in a manner that complied with this Part;
a sample of the breath of a rail safety worker named in the certificate was provided for analysis using a breath analysis instrument;
a BrAC expressed in grams per 210 L of exhaled breath was indicated by the breath analysis instrument as being present in the breath of the rail safety worker named in the certificate on the day and at the time specified in the certificate;
a BAC expressed in grams per 100 ml of blood was indicated by the breath analysis instrument as being present in the blood of the rail safety worker named in the certificate on the day and at the time specified in the certificate;
a requirement imposed on the authorised person by local regulations has been complied with;
an oral fluid analysis was conducted in accordance with section 10(5);
an oral fluid sample of a rail safety worker named in the certificate was provided for the purpose of oral fluid analysis;
a prohibited drug was detected by a blood test, a drug screening test or an oral fluid analysis to have been present in oral fluid or blood of the rail safety worker named in the certificate on the day and at the time specified in the certificate;(d) a member of the staff of a hospital or health centre –
certifying something arising out of the member's occupation;
an analyst, or a person employed by an analyst – certifying something arising out of the analyst's or person's occupation.
A certificate mentioned in subsection (1)(c), (d) or (e) cannot be received as evidence against a person (the defendant) in proceedings for an offence against this Part or Part 3, Division 9 of the Rail Safety National Law (NT) if:
a copy of the certificate has not been served on the defendant at least 7 days before the commencement of the proceedings; or
the defendant has, at least 2 days before the commencement of the trial, given to the court written notice requiring the attendance at the trial of the person who signed the certificate; or
the court requires the person who signed the certificate to attend at the trial.
For subsection (1), the Regulator may approve forms of certificates to be used by different persons on different occasions.
Division 6 Other matters for this Part
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