Evidence of delivery of blood or oral fluid samples
70B Evidence of delivery of blood or oral fluid samples
In proceedings for an offence against section 62B, 62C, 63, 64, 64AA, 64A, 64AAA, 64AB, 64AC, 64B or 64C, evidence of the delivery of a sample to an analyst or drug analyst may be given in the form of a certificate in which a person who took delivery of the sample sets out the prescribed particulars of the delivery of the sample to the person together with their signature.
In the absence of evidence to the contrary —
it is to be presumed that each signature on the certificate is the signature of the person of whom it purports to be the signature; and
the certificate is evidence of its contents.
Except with the consent of the accused, evidence of the delivery of a sample to a person in the form of a certificate cannot be given in the proceedings and, if it is given, is not admissible, unless a copy of the certificate is given to the accused at least 28 days before the proceedings.
If a copy of the certificate has been given as required by subsection (3), the accused cannot challenge or call into question a matter set out in the certificate unless —
notice in writing of the accused’s intention is given to the prosecutor at least 14 days before the proceedings; or
the court, in the interests of justice, gives the accused leave to so do.
A notice under subsection (4)(a) must specify the matter that is to be challenged or called into question.
[Section 70B inserted: No. 25 of 2016 s. 38; amended: No. 25 of 2016 s. 53; No. 27 of 2020 s. 28.]
This provision refers to the regulations (prescribed particulars
). Made under this Act:
- Road Traffic (Blood Sampling and Analysis) Regulations 1975
- Road Traffic (Breath Analysis) Regulations 1975
- Road Traffic (Drug Driving) Regulations 2007
5 more instruments made under this Act are listed on the Act’s overview.
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