Evidence by certificate
29AAU Evidence by certificate
(1) In any proceedings in a court, a certificate in the relevant prescribed form purporting to be signed by:
(a) a person authorised by the Commissioner under this Act to use a prescribed breath analysis instrument for this Act; or
(aa) a person authorised by the Commissioner under section 27B to use a device for obtaining a sample of saliva for this Act; or
a member of the staff of a hospital or health centre; or
(c) an authorised analyst or a person employed by an authorised analyst;
is prima facie evidence of the matters stated in the certificate and the facts on which they are based.
(1A) If evidence is given by a certificate as mentioned in subsection (1), it is not necessary to prove:
the signature of the person who signed the certificate; or
(b) the person holds the capacity in which the person purported to act in signing the certificate.
(2) For subsection (1), the Regulations may prescribe forms of certificate to be used by different persons on different occasions.
(3) If the Regulations do not prescribe a form for a specific situation, the Registrar may approve a form for use in that situation.
This provision refers to the regulations (prescribed form
, the Regulations may prescribe
, the Regulations
). Made under this Act:
This Act’s bill:Second reading speech
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