New South Wales Consolidated Acts New South Wales Consolidated Acts(cf Traffic Act, ss 4E (11) and 4G (8))
(1) In proceedings for an offence under section 9, evidence may be given of the concentration of alcohol present in the breath or blood of the person charged as determined by:(a) a breath analysing instrument operated by a police officer authorised to do so by the Commissioner of Police, or(b) an analysis of the person’s blood under this Part.
(2) In proceedings for an offence under section 9, the concentration of alcohol so determined is taken to be the concentration of alcohol in the person’s breath or blood at the time of the occurrence of the relevant event referred to in section 13 (1) (a), (b) or (c) if the breath analysis was made, or blood sample taken, within 2 hours after the event unless the defendant proves that the concentration of alcohol in the defendant’s breath or blood at the time concerned was:(a1) in the case of an offence under section 9 (1A)-zero grammes of alcohol in 210 litres of breath or 100 millilitres of blood, or(a) in the case of an offence under section 9 (1)-less than 0.02 grammes of alcohol in 210 litres of breath or 100 millilitres of blood, or(b) in the case of an offence under section 9 (2)-less than 0.05 grammes of alcohol in 210 litres of breath or 100 millilitres of blood, or(c) in the case of an offence under section 9 (3)-less than 0.08 grammes of alcohol in 210 litres of breath or 100 millilitres of blood, or(d) in the case of an offence under section 9 (4)-less than 0.15 grammes of alcohol in 210 litres of breath or 100 millilitres of blood.
(3) Nothing in subsection (2) affects the operation of section 10.