AustLII Tasmanian Consolidated Acts

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ROAD SAFETY (ALCOHOL AND DRUGS) ACT 1970 - SECT 27

27. Certificate in relation to taking of blood or urine samples

      (1) in any proceedings to which this Division applies a certificate –

(a) stating that, on the day and at the time stated in the certificate, the person by whom the certificate purports to be signed took a sample of the blood or urine of the person named therein;

(b) stating that when that sample was so taken the person by whom the certificate purports to be signed was a medical practitioner or a qualified nurse; and

(c) containing particulars of the manner in which the sample was taken or of any action taken by that person consequent upon, or in relation to, the taking of that sample –

is prima facie evidence of the particulars contained in the certificate.

      (2) In any proceedings to which this Division applies a certificate –

(a) stating that a container containing a part of a sample of blood or urine taken from the person named in the certificate was kept at a particular place during a particular period;

(b) containing particulars of the manner in which it was so kept;

(c) stating that the person from whom the sample was taken was detained in custody during a particular period, and specifying the place at which he was so kept in custody;

(d) stating the time at which the container was delivered to any person and containing particulars of the request pursuant to which it was so delivered; and

(e) stating that the person by whom the certificate purports to be signed was a police officer at the time the container was kept as mentioned in the certificate –

is prima facie evidence of the particulars stated in the certificate.

      (3) In any proceedings to which this Division applies a certificate –

(a) stating that at a particular time and place a container containing a part of a sample of blood was delivered by the person by whom the certificate purports to be signed to the person named in the certificate and stated therein to be an approved analyst;

(b) containing particulars with respect to the container or any label or marks thereon;

(c) containing particulars with respect to the manner in which it was kept or otherwise dealt with before being so delivered; and

(d) stating that the person by whom it was so delivered was at that time a police officer –

is prima facie evidence of the matters stated in the certificate.


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