Security and Investigation Industry Act 1995

If the requirements and procedures in relation to breath analysing instruments and breath analysis under this Act, including subsections (4) and (5), have been complied with, it must be presumed, in the absence of proof to the contrary, that the concentration of alcohol so indicated was present in the blood of the licensee at the time of the analysis.

No evidence can be adduced in rebuttal of the presumption created by subsection (1) except—

evidence of the concentration of alcohol in the blood of the licensee as indicated by analysis of a sample of blood taken and dealt with in accordance with the procedures prescribed by regulation; and

evidence as to whether the results of analysis of the sample of blood demonstrate that the breath analysing instrument gave a false reading of the concentration of alcohol present in the blood of the licensee.

If it is proved in proceedings that a concentration of alcohol was present in the licensee's blood at the time of a breath analysis, it must be conclusively presumed that that concentration of alcohol was present in the licensee's blood throughout the period of two hours immediately preceding the analysis.

As soon as practicable after a licensee has submitted to an analysis of breath by means of a breath analysing instrument, the person operating the instrument must deliver to the licensee a statement in writing specifying—

the reading produced by the breath analysing instrument; and

the date and time of the analysis.

If a licensee has submitted to an analysis of breath by means of a breath analysing instrument and the concentration of alcohol indicated as being present in the blood of that licensee by the breath analysing instrument is the prescribed concentration of alcohol, the person operating the instrument must immediately—

give the person the prescribed oral advice and deliver to the person the prescribed written notice as to the operation of this Act in relation to the results of the breath analysis and as to the procedures prescribed for the taking and analysis of a sample of the person's blood; and

at the request of the person made in accordance with the regulations, deliver an approved blood test kit to the person.

A certificate—

purporting to be signed by the Commissioner of Police and to certify that a person named in the certificate is authorised by the Commissioner of Police to operate breath analysing instruments; or

purporting to be signed by a person authorised to operate breath analysing instruments by the Commissioner of Police and to certify that—

the apparatus used by the authorised person was a breath analysing instrument within the meaning of this Act; and

the breath analysing instrument was in proper order and was properly operated; and

the provisions of this Act with respect to breath analysing instruments and the manner in which an analysis of breath by means of a breath analysing instrument is to be conducted were complied with, is, in the absence of proof to the contrary, proof of the matters so certified.

A certificate purporting to be signed by a police officer and to certify that an apparatus referred to in the certificate is or was of a kind approved under the Road Traffic Act 1961 for the purpose of performing alcotests is, in the absence of proof to the contrary, proof of the matter so certified.

A certificate purporting to be signed by a police officer and to certify that a person named in the certificate submitted to an alcotest on a specified day and at a specified time and that the alcotest indicated that the prescribed concentration of alcohol may then have been present in the blood of that person is, in the absence of proof to the contrary, proof of the matters so certified.

A certificate purporting to be signed by an analyst, certifying as to the concentration of alcohol, or any drug, found in a specimen of blood identified in the certificate expressed in grams in 100 millilitres of blood is, in the absence of proof to the contrary, proof of the matters so certified.

A certificate purporting to be signed by a person authorised to operate breath analysing instruments by the Commissioner of Police and to certify that—

a person named in the certificate submitted to an analysis of breath by means of a breath analysing instrument on a day and at a time specified in the certificate; and

the breath analysing instrument produced a reading specified in the certificate; and

a statement in writing required by subsection (4) was delivered in accordance with that subsection, is, in the absence of proof to the contrary, proof of the matters so certified.

A certificate purporting to be signed by a person authorised to operate breath analysing instruments by the Commissioner of Police and to certify—

that, on a date and at a time specified in the certificate, a person named in the certificate submitted to an analysis of breath by means of a breath analysing instrument; and

that the prescribed oral advice and the prescribed written notice were given and delivered to the person in accordance with subsection (5)(a); and

that—

the person did not make a request for an approved blood test kit in accordance with the regulations; or

at the request of the person, a kit that, from an examination of its markings, appeared to the person signing the certificate to be an approved blood test kit was delivered to the person in accordance with subsection (5)(b), is, in the absence of proof to the contrary, proof that the requirements of subsection (5) were complied with in relation to the person.

A certificate purporting to be signed by a police officer and to certify that a person named in the certificate was, at the time of being directed to submit to an alcotest, performing the function of controlling crowds is, in the absence of proof to the contrary, proof of the matter so certified.

A certificate purporting to be signed by a police officer and to certify that a person named in the certificate was required under this Division to submit to an alcotest or breath analysis and refused or failed to comply with all reasonable directions of a police officer in relation to the requirement is, in the absence of proof to the contrary, proof of the matter so certified.