New South Wales Consolidated Acts

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 35

35 Certificate evidence about blood or urine analysis in proceedings for offences under section 12

(cf Traffic Act, s 5AB (2)-(4A))

(1) In proceedings for an offence under section 12 (1), a certificate purporting to be signed by a medical practitioner, 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 the medical practitioner, nurse or prescribed sample taker was a medical medical practitioner, 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 the medical practitioner, nurse or prescribed sample taker 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 the medical practitioner, nurse or prescribed sample taker 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 12 (1), 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 12 (1), 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 Division 3A, 4, 4A or 5,

(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 whether any drug was present in the sample,

(e) that a specified drug ascertained pursuant to the analysis was present in that sample and, if so certified, was present in that sample in a specified concentration,

(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 or urine of that specified person, and

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

(4) Subsections (1)-(3):

(a) do not apply to proceedings brought on a charge that, by the operation of section 38 (4), cannot be laid, and

(b) do not enable evidence to be given of or in relation to:

(i) the presence of a drug other than alcohol, or

(ii) the presence of a particular concentration of a drug other than alcohol,

in the blood of a person charged with an offence under section 12 (1), as determined by an analysis under Division 4, unless the court is satisfied that the analysis was not arranged in contravention of section 23 (6).