Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsbefore section 41A, insert
Division 7.2 Evidence—drug-related tests
41AA Evidentiary certificates—drug-related tests
(1) A certificate that appears to be signed by a police officer and states a matter relevant to any of the following is evidence of the matter:
(a) that the police officer was on a stated date an authorised operator;
(b) 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 oral fluid analysis instrument;
(c) the instrument used in the analysis, by reference to its model number, patent number and serial number;
(d) that the oral fluid analysis instrument was in proper working order;
(e) the procedures followed and precautions taken immediately before the oral fluid analysis, during the oral fluid analysis and immediately after the completion of the oral fluid analysis;
(f) that the person named in the certificate provided a sample of the person's oral fluid for analysis in accordance with the directions of the police officer who made the requirement;
(g) the steps that were taken to ensure that it was not readily apparent to members of the public that the oral fluid analysis was being carried out;
(h) that, in following the procedures for which a regulation makes provision that stated results are to be obtained, the results stated in the certificate were obtained;
(i) that, as soon as practicable after the oral fluid analysis was carried out, the police officer signed and gave to the person mentioned in paragraph (b) the statement required by section 13E (6).
(2) A certificate that appears to be signed by a police officer and states a matter relevant to any of the following is evidence of the matter:
(a) that the police officer was on a stated date an authorised operator;
(b) 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 oral fluid analysis instrument;
(c) the instrument available to be used in the analysis, by reference to its model number, patent number and serial number;
(d) that the oral fluid analysis instrument was in proper working order;
(e) 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;
(f) that the person failed to provide a sample of the person's oral fluid for analysis.
Note Fail includes refuse, see the Legislation Act, dict, pt 1.
(3) A written statement mentioned in section 13E (6) that is a print-out from an oral fluid analysis instrument is evidence of the matters stated in the print-out.
(4) A certificate that appears to be signed by a person who is a doctor or authorised nurse practitioner and states any of the following is evidence of the matter:
(a) that the person is a doctor or nurse;
(b) that, at a stated hospital, on a stated date and at a stated time, the person was attending the person named in the certificate (the relevant person );
(c) that the person was told by a police officer of the officer's intention to require the relevant person to—
(i) undergo a drug screening test under division 2.4 (Prescribed drugs—screening tests); or
(ii) provide a sample of the person's oral fluid for analysis under section 13E (Oral fluid—preliminary analysis);
(d) whether the person was of the opinion, at the time the person was told, that complying with the requirement would, or would not, be detrimental to the relevant person's medical condition.
41AB Evidentiary certificate—analysis of oral fluid sample
A certificate that appears to be signed by a person who is an analyst and states a matter relevant to any of the following is evidence of the matter:
(a) that the person is an analyst;
(b) that the person arranged for a sample of oral fluid (the analysed sample ) to be analysed at an approved laboratory;
(c) that the analysed sample was—
(i) labelled in accordance section 13E (5) (b) (Oral fluid—preliminary analysis); and
(ii) sealed with a tamper-evident seal marked with a stated unique identifying number;
(d) that the tamper-evident seal did not appear to have been interfered with;
(e) the analysis to which the analysed sample was subjected;
(f) the result of the analysis;
(g) that the analysis was accurate.
41AC Evidentiary certificate—blood sample not taken
A certificate that appears to be signed by a person who is a doctor or nurse (a sample taker ) and states a matter relevant to any of the following is evidence of the matter:
(a) that the person is a doctor or nurse;
(b) that the sample taker attended a person mentioned in the certificate (the relevant person ) on a stated day, at a stated time, in a stated hospital;
(c) if the relevant person is a person mentioned in section 15 (Taking blood samples from people in custody)—that a police officer had asked the sample taker to take a sample of the person's blood;
(d) if the relevant person is a person mentioned in section 15AA (Taking blood samples from people in hospital)—that the sample taker believed that the relevant person—
(i) was involved in an accident and had attended the hospital for examination or treatment because of the accident; and
(ii) the accident had happened not longer than 6 hours before the relevant person arrived at the hospital;
(e) whether the sample taker was of the opinion that—
(i) taking the sample would, or would not, be detrimental to the relevant person's health; or
(ii) a sample of blood had, or had not, been taken from the relevant person since the accident mentioned in section 15 or section 15AA.
41AD Evidentiary certificate—analysis of sample for prescribed drug etc
A certificate that appears to be signed by a person who is an analyst and states a matter relevant to any of the following is evidence of the matter:
(a) that the person is an analyst;
(b) that the analyst arranged for a blood sample or body sample (the analysed sample ) to be analysed at an approved laboratory to work out whether a prescribed drug, or a drug other than a prescribed drug, or alcohol was present in the sample, in accordance with a request made by a police officer;
(c) that the analysed sample was in a container—
(i) labelled in accordance with section 15 (7) (Taking blood samples from people in custody), section 15AA (2) (Taking blood samples from people in hospital) or section 16 (7) (Medical examination—offence against s 24 or culpable driving); and
(ii) sealed with a tamper-evident seal marked with a stated unique identifying number;
(d) that the tamper-evident seal did not appear to have been interfered with;
(e) the analysis to which the analysed sample was subjected;
(f) the result of the analysis;
(g) that the analysis was accurate.
41AE NSW evidentiary certificates—drug-related tests
A certificate that appears to be a certificate mentioned in the Road Transport (Safety and Traffic Management) Act 1999 (NSW), section 33B, section 33D or section 35 is evidence of the matters stated in the certificate.