New South Wales Consolidated Acts

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 33B

33B Certificate evidence about oral fluid analysis in proceedings for offences under section 11B

(1) In proceedings for an offence under section 11B, 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 took a sample of the oral fluid of the person named in the certificate in accordance with Division 3A, and any relevant provisions of the regulations, on the day and at the time stated in the certificate,

(b) that the officer dealt with the sample in accordance with section 18D and any relevant provisions of the regulations,

(c) that the container was sealed, and marked or labelled, in a specified manner,

(d) that the officer arranged for the sample to be submitted for oral fluid analysis to determine the presence of any prescribed illicit drugs in the oral fluid.

(2) In proceedings for an offence under section 11B, 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 oral fluid 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 oral fluid analysis of the sample to determine the presence of any prescribed illicit drugs in the sample,

(e) that a specified prescribed illicit drug was determined pursuant to the oral fluid analysis to be 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 the sample of the oral fluid of that specified person, and

(i) that the sample had not been tampered with before it was received by the analyst.

(3) In proceedings for an offence under section 11B, a certificate purporting to be signed by a person who, in another State or Territory:

(a) took an oral fluid sample, or

(b) analysed an oral fluid sample,

in accordance with provisions of a law of that State or Territory that substantially correspond to the provisions of Division 3A 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 that Division.