Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Where in any proceedings to which this Division applies evidence is given by any person –
that evidence is prima facie evidence of the facts so stated.(a) that at a specified time and place the person named therein failed or refused to submit to a breath analysis;
(b) that at that time and place a breath analysis could have been properly carried out by the person by means of a breath analysing instrument that he then had with him;
(c) that at that time a breath analysing instrument was in proper working order; and
(d) that at that time the person was an approved operator–
(2) In any proceedings to which this Division applies a certificate stating –
is prima facie evidence of the particulars contained in the certificate.(a) that at a particular time and place the person named therein was directed by the person by whom the certificate purports to be signed to submit to a breath analysis;
(b) that the person so named then failed or refused to submit to a breath analysis in accordance with the direction;
(c) that at that time and place a breath analysis could have been properly carried out by the person by whom the certificate purports to have been signed by means of a breath analysing instrument he then had with him;
(d) that at that time that breath analysing instrument was in proper working order; and
(e) that at that time the person by whom the certificate purports to be signed informed the person named in the certificate that he or she could elect to submit to the taking of a sample of blood for analysis instead of submitting to a breath analysis;
(f) that the person named in the certificate did not so elect to submit to the taking of a sample of blood for analysis; and
(g) that at that time the person by whom the certificate purports to be signed was an approved operator –