Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) In any proceedings in a court—
(a) a certificate purporting to be signed by a police officer and stating—
(i) that he or she was on a specified date an approved operator; and
(ii) that, at a place and at a time and on a date specified in the certificate a person named in the certificate was required by a specified officer to provide a sample of his or her breath for breath analysis by an approved breath analysis instrument; and
(iii) the instrument used in the analysis, by reference to its model number, patent number and serial number; and
(iv) that the approved breath analysis instrument was in proper working order; and
(v) the procedures followed and precautions taken immediately before the breath analysis, during the breath analysis and immediately after the completion of the breath analysis; and
(vi) that the person named in the certificate provided a sample of his or her breath for analysis in accordance with the directions of the police officer who made the requirement; and
(vii) the steps that were taken to ensure that it was not readily apparent to members of the public that the breath analysis was being carried out; and
(viii) that, in following such of those procedures in relation to which the regulations make provision that specified results are to be obtained, the results specified in the certificate were obtained; and
(ix) that the figure recorded or shown by the approved breath analysis instrument as the result of the analysis was a specified figure or was not less than a specified figure and not more than another specified figure, as the case requires; and
(x) that, as soon as practicable after the breath analysis was carried out, he or she signed and gave to the person referred to in paragraph (a) (ii) a statement as required by section 12 (6);
is evidence of the matters stated in the certificate; and
(b) a certificate purporting to be signed by a police officer and stating—
(i) that he or she was on a specified date an approved operator; and
(ii) that, at a place and time and on a date specified in the certificate, a person named in the certificate was required by a specified police officer to provide a sample of his or her breath for breath analysis by an approved breath analysis instrument; and
(iii) the instrument available for the purpose of the analysis, by reference to its model number, patent number and serial number; and
(iv) that the approved breath analysis instrument was in proper working order; and
(v) the procedures followed immediately before the person was required to provide a sample of his or her breath for the breath analysis and the results obtained in following those procedures; and
(vi) that the person referred to refused or failed to provide a sample of his or her breath for analysis; and
is evidence of the matters stated in the certificate; and
(c) a written statement referred to in section 12 (6), being a print-out from an approved breath analysis instrument, is evidence of the matters stated in the statement; and
(d) a certificate purporting to be signed by a doctor or a nurse stating that—
(i) he or she is a doctor or a nurse; and
(ii) at a specified place and on a date and at a time specified, he or she took a sample of blood or other body sample of a person named in the certificate; and
(iii) he or she placed approximately equal quantities of the sample of blood or other body sample into 2 containers; and
(iv) on a label attached to each container, he or she signed his or her name and wrote the name of the person from whom the sample was taken and the date and time when the sample was taken; and
(v) he or she—
(A) gave 1 container to the person from whom the sample had been taken and put the other container in a one-way box; or
(B) put both containers in a one-way box;
is evidence of the matters stated in the certificate;
(e) a certificate purporting to be signed by a doctor or authorised nurse practitioner stating all of the following is evidence of the matters stated in the certificate:
(i) that he or she is a doctor or authorised nurse practitioner;
(ii) that at a stated hospital, on a stated date and at a stated time, he or she was attending the person named in the certificate;
(iii) that he or she was told by a police officer of the officer's intention to require a person to undergo a screening test under section 8 (Power to require screening test if vehicle not involved in accident), section 9 (Power to require screening test if motor vehicle involved in accident) or section 10 (Power to require screening test for culpable driving) or to provide a sample of the person's breath for breath analysis under section 12 (Breath analysis);
(iv) that he or she was of the opinion at the time he or she was told that—
(A) complying with the requirement would be detrimental to the person's medical condition; or
(B) complying with the requirement would not be detrimental to the person's medical condition; and
(f) a certificate purporting to be signed by a doctor or a nurse stating that—
(i) he or she is a doctor or a nurse; and
(ii) at a specified place and on a date and at a time specified, he or she took a sample of blood from the person named in the certificate; and
(iii) he or she placed approximately equal quantities of the sample of blood into 2 containers; and
(iv) on a label attached to each container, the doctor or a nurse, signed his or her name and wrote the name of the person from whom the sample was taken and the date and time when the sample was taken; and
(v) each container was sealed; and
(vi) he or she—
(A) gave 1 container to the person named in the certificate and put the other container in a one-way box; or
(B) put both containers in a one-way box; and
(vii) if the sample of blood was taken under section 15—he or she held the opinion at the time when the sample was taken that the person was at that time, because of the person's medical condition, incapable of giving or refusing permission to take a sample of blood;
is evidence of the matters stated in the certificate;
(g) a certificate that appears to be a certificate mentioned in the Road Transport (Safety and Traffic Management) Act 1999 (NSW), section 33 (4), (5) or (6) is evidence of the matters stated in the certificate; and
(h) a certificate purporting to be signed by an approved analyst and stating—
(i) that he or she is an approved analyst; and
(ii) that a sample from a sealed container to which was attached a label purporting to be signed by a doctor or nurse named in the certificate, and bearing the name of a person stated in the certificate as the person from whom the sample was taken and the date and time when the sample was taken, was analysed at an approved laboratory; and
(iii) the analysis to which the sample was subjected; and
(iv) the result of the analysis; and
(v) the analysis was accurate;
is evidence of the matters stated in the certificate; and
(i) a certificate expressed to be given for this paragraph, purporting to be signed by a person specified or described in the regulations and containing statements in relation to matters permitted by the regulations to be stated in such a certificate is evidence of matters stated in the certificate.
(2) A certificate expressed to be given for a paragraph of this section is not inadmissible only because of the fact that the certificate relates to 1, or some only, of the matters mentioned in that paragraph.