New South Wales Consolidated Acts New South Wales Consolidated Acts(cf Traffic Act, ss 4E (12) and 4G (9)-(11A))
(1) In proceedings for an offence under section 9 a certificate purporting to be signed by a police officer certifying that:(a) the officer is authorised by the Commissioner of Police to operate breath analysing instruments, and(b) a person named in the certificate submitted to a breath analysis, and(c) the apparatus used by the officer to make the breath analysis was a breath analysing instrument within the meaning of this Act, and(d) the analysis was made on the day and completed at the time stated in the certificate, and(e) a concentration of alcohol determined by that breath analysing instrument and expressed in grammes of alcohol in 210 litres of breath or 100 millilitres of blood was present in the breath or blood of that person on the day and at the time stated in the certificate, and(f) a statement in writing required by section 15 (3) was delivered in accordance with that subsection,is admissible and is prima facie evidence of the particulars certified in and by the certificate.
(2) In proceedings for an offence under section 9 or Division 3 a certificate purporting to be signed by the Commissioner of Police that the police officer named in the certificate is authorised by the Commissioner of Police to operate breath analysing instruments is admissible and is prima facie evidence of the particulars certified in and by the certificate.
(3) In proceedings for an offence under section 9 or Division 3, evidence of the condition of a breath analysing instrument, or of the manner in which it was operated, is not required unless evidence sufficient to raise doubt that the instrument was in proper condition and properly operated has been adduced.
(4) In proceedings for an offence under section 9 a certificate purporting to be signed by a medical practitioner or nurse certifying any one or more of the following matters is admissible and is prima facie evidence of the particulars certified in and by the certificate:(a) that he or she was a medical practitioner or nurse who attended a specified person who attended at or was admitted into a hospital as referred to in section 20,(b) that he or she took a sample of the person’s blood in accordance with Division 4, and any relevant provisions of the regulations, on the day and at the time stated in the certificate,(c) that he or she dealt with the sample in accordance with section 23 (1) and any relevant provisions of the regulations,(d) that he or she used equipment of a specified description in so taking and dealing with the sample,(e) that the container was sealed, and marked or labelled, in a specified manner.
(5) In proceedings for an offence under section 9, a certificate purporting to be signed by a police officer certifying any one or more of the following matters is admissible and is prima facie evidence of the particulars certified in and by the certificate:(a) that the officer received a sample of a specified person’s blood taken in accordance with Division 4,(b) that the officer arranged for the sample to be submitted for analysis by an analyst to determine the concentration of alcohol in the blood,(c) that the container was sealed, and marked or labelled, in a specified manner.
(6) In proceedings for an offence under section 9, a certificate purporting to be signed by an analyst certifying any one or more of the following matters:(a) that the analyst received, on a specified day, a sample of a specified person’s blood in a container submitted for analysis under this Part,(b) that the container, as received by the analyst, was sealed, and marked or labelled, in a specified manner,(c) that on receipt by the analyst of the container, the seal was unbroken,(d) that the analyst carried out an analysis of the sample to determine the concentration of alcohol in the sample,(e) that the concentration of alcohol determined pursuant to the analysis and expressed in grammes of alcohol in 100 millilitres of blood was present in that sample,(f) that the analyst was, at the time of the analysis, an analyst within the meaning of this Act,is admissible and is prima facie evidence:(g) of the particulars certified in and by the certificate, and(h) that the sample was a sample of the blood of that specified person, and(i) that the sample had not been tampered with before it was received by the analyst.
(7) In proceedings for an offence under section 9, a certificate purporting to be signed by a person who, in another State or Territory:(a) took a blood sample, or(b) analysed a blood sample,in accordance with provisions of a law of that State or Territory that substantially correspond to the provisions of Division 4 is admissible and is prima facie evidence of the particulars certified in and by the certificate, and an analysis to which any such certificate relates is taken to be an analysis under Division 4.