Australian Capital Territory Numbered Acts

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ROAD TRANSPORT (ALCOHOL AND DRUGS) (RANDOM DRUG TESTING) AMENDMENT ACT 2010 (NO. 27 OF 2010) - SECT 25

New section 41 (1) (ba)

insert

        (ba)     a certificate purporting to be signed by a police officer and stating—

              (i)     that the police officer was on a date stated in the certificate an approved operator; and

              (ii)     that, at a place and at a time and on a date stated in the certificate, a person named in the certificate was required by a stated police officer to provide a sample of the person's oral fluid for analysis by an approved oral fluid analysis instrument; and

              (iii)     the instrument available to be used in the analysis, by reference to its model number, patent number and serial number; and

              (iv)     that the approved oral fluid analysis instrument was in proper working order; and

              (v)     the procedures followed immediately before the person was required to provide a sample of the person's oral fluid for analysis and the results obtained in following those procedures; and

              (vi)     that the person refused or failed to provide a sample of his or her breath for analysis;

is evidence of the matters stated in the certificate; and



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