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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.285 Certificates by approved laboratory

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.285

Certificates by approved laboratory

  (1)   A certificate that under subsection   36(4) of the Act is admissible in proceedings concerning a confirmatory drug test must:

  (a)   be signed by an approved laboratory; and

  (b)   be in respect of a body sample on which a confirmatory drug test was conducted by the laboratory; and

  (c)   state one or more of the matters set out in subregulation   (3).

  (2)   Subject to regulation   99.305, if subregulation   (1) is complied with, then the certificate is admissible as evidence of the matters stated in the certificate in any proceedings under the Act, these Regulations or the Criminal Code .

Note:   Regulation   99.315 prescribes proceedings under the Criminal Code for the purposes of paragraph   36(4)(d) of the Act.

  (3)   For paragraph   (1)(c), the matters are as follows:

  (a)   the sample identifier for the body sample;

  (b)   that the person who signed the certificate was an approved laboratory or the laboratory's approved person at the time the certificate was signed;

  (c)   when the body sample was received;

  (d)   what, if any, labels or other means of identifying the body sample accompanied the body sample when it was received;

  (e)   what container or containers the body sample was contained in when it was received;

  (f)   the state of the seals on the container or containers when the body sample was received;

  (g)   the state of the container or containers when the body sample was received;

  (h)   when the body sample was tested;

  (i)   a description of the way in which the body sample was stored by the laboratory;

  (j)   a description of the method of testing;

  (k)   the testable drugs tested for;

  (l)   the result of the test conducted.