New South Wales Consolidated Acts

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

33D Certificate evidence about blood or urine 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 medical practitioner, registered nurse or prescribed sample taker 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, registered nurse or prescribed sample taker who attended a specified person who attended at or was admitted into a hospital or a place prescribed by the regulations as referred to in Division 3A, 4, 4A or 5,

(b) that he or she took a sample of the person’s blood or urine in accordance with Division 3A, 4, 4A or 5, 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 Division 3A, 4, 4A or 5 and any relevant provisions of the regulations,

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

(2) 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 received a sample of a specified person’s blood or urine taken in accordance with Division 3A, 4, 4A or 5,

(b) that the officer arranged for the sample to be submitted for analysis by an analyst to determine whether any drug was present in the sample,

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

(3) 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 blood or urine 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 presence of the following in the sample,

(i) any prescribed illicit drug,

(ii) any prescribed illicit drug, morphine or cocaine,

(e) 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:

(f) of the particulars certified in and by the certificate, and

(g) that the sample was a sample of the blood or urine of that specified person, and

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

(4) 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 a blood or urine sample, or

(b) analysed a blood or urine sample,

in accordance with provisions of a law of that State or Territory that substantially correspond to the provisions of Division 3A, 4, 4A or 5 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 those Divisions.