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s 28AG

Evidentiary certificates

In force
Part 4AAAlcohol and drug testing
Division 3Evidentiary matters

28AG Evidentiary certificates

(1) This regulation prescribes the prescribed certifiers and certifiable matters for section 140AH of the Act.

(2) The

CEO may issue an evidentiary certificate in relation to the fact that on a specified date:

(a) a specified person was any of the following:

(i) the

CEO;

(ii) a superintendent of a detention centre;

(iii) a community youth justice officer;

(iv) a person approved by the CEO under regulation 28AD(c) or 28AE(b);

or

(b) a specified class of persons was approved by the CEO under regulation 28AD(c) or 28AE(b).

(3) The

Commissioner of Police may issue an evidentiary certificate in relation to the fact that on a specified date a specified person was any of the following:

(a) a police officer;

(b) a person authorised as mentioned in regulation 28AE(a).

(4) A person mentioned in regulation 28AD may issue an evidentiary certificate in relation to the following:

(a) that the person carried out a breath test, saliva test or urine test on a sample given by, or taken from, a specified person;

(b) when and how the sample was given or taken and the test was carried out;

(c) the results of the test.

(5) A person mentioned in regulation 28AE may issue an evidentiary certificate in relation to the following:

(a) that the person carried out a breath analysis on a sample of breath given by a specified person;

(b) when and how the sample was taken and the analysis was carried out;

(c) the results of the analysis.

(6) A health practitioner or phlebotomist may issue an evidentiary certificate in relation to the following:

(a) that the practitioner or phlebotomist took a sample of blood from a specified person;

(b) when and how the sample was taken;

(c) what the practitioner or phlebotomist did with the sample.

(7) A pathologist may issue an evidentiary certificate in relation to the following:

(a) that the pathologist carried out an analysis of a sample of blood identified as having been taken from a specified person at a specified date and time;

(b) when and how the analysis was carried out;

(c) the results of the analysis.

Part

5 Detention centres and detainees

Division

1 Preliminary matters

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