Australian Capital Territory Consolidated Acts

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ROAD TRANSPORT (ALCOHOL AND DRUGS) ACT 1977 - SECT 43

Oral evidence about s 41 certificate

    (1)     A person who has been charged with an offence against this Act may give written notice to the chief police officer that the person will require the attendance, for the purpose of giving evidence orally, at court on the hearing of the charge of each or any person by whom a certificate mentioned in section 41 is given.

    (2)     Notice under subsection (1) may be given by leaving it at, or posting it to, the chief police officer at his or her office, not less than 7 days before the date fixed for the hearing of the proceedings against the person charged or within any shorter period the court allows.

    (3)     Notwithstanding that a notice has been given under subsection (2) and that the people mentioned in the notice give evidence relating to the matters stated in the certificates, the certificates mentioned in section 41—

        (a)     are admissible in evidence; and

        (b)     are evidence of the matters stated in the certificates and of the facts on which they are based; and

        (c)     have the probative value that the court determines consistently with the other evidence before the court.



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