Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsNew section 41 (1) (aa)
insert
(aa) a certificate purporting to be signed by a police officer and stating—
(i) that the police officer was on a date stated in the certificate an approved operator; and
(ii) that, at a place and at a time and on a date stated in the certificate, a person named in the certificate was required by a stated police officer to provide a sample of the person's oral fluid for analysis by an approved oral fluid analysis instrument; and
(iii) the instrument used in the analysis, by reference to its model number, patent number and serial number; and
(iv) that the approved oral fluid analysis instrument was in proper working order; and
(v) the procedures followed and precautions taken immediately before the breath analysis, during the breath analysis and immediately after the completion of the breath analysis; and
(vi) that the person named in the certificate provided a sample of the person's oral fluid for analysis in accordance with the directions of the police officer who made the requirement; and
(vii) the steps that were taken to ensure that it was not readily apparent to members of the public that the oral fluid analysis was being carried out; and
(viii) that, in following the procedures for which a regulation makes provision that stated results are to be obtained, the results stated in the certificate were obtained; and
(ix) that the result recorded or shown by the instruments as the result of the analysis was a particular figure, level or percentage or was not less than and not more than a particular figure, level or percentage; and
(x) that, as soon as practicable after the oral fluid analysis was carried out, the police officer signed and gave to the person mentioned in subparagraph (ii) the statement required by section 12 (7);
is evidence of the matters stated in the certificate; and