120Certificate evidence of concentration of alcohol in breath or blood determined by breath test or breath analysis

120 Certificate evidence of concentration of alcohol in breath or blood determined by breath test or breath analysis

120 Certificate evidence of concentration of alcohol in breath or blood determined by breath test or breath analysis

(1) For the purposes of any disciplinary procedure involving an alcohol contravention, a certificate purporting to be signed by an authorised person and certifying that—

(a) the authorised person is a duly appointed authorised person, and

(b) the person named in the certificate underwent a breath test, and

(c) the breath test was carried out on the person’s breath by means of a device of a type approved by the Governor for the conduct of breath tests under the Road Transport Act 2013, and

(d) the breath test was carried out on the day and completed at the time stated in the certificate, and

(e) a concentration of alcohol (determined by that breath test and expressed in grammes of alcohol in 210 litres of breath or 100 millilitres of blood) was present in the breath or blood of that person on the day and at the time stated in the certificate, and

(f) a statement in writing required by clause 114 (1) was delivered in accordance with that subclause,

is prima facie evidence of the particulars certified in and by the certificate.

(2) For the purposes of any disciplinary procedure involving an alcohol contravention, a certificate purporting to be signed by an authorised person and certifying that—

(a) the authorised person is a duly appointed authorised person, and

(b) the person named in the certificate submitted to a breath analysis, and

(c) the breath analysis was carried out by a breath analysing instrument within the meaning of Division 2 of Part 4A of the Act, and

(d) the analysis was made on the day and completed at the time stated in the certificate, and

(e) a concentration of alcohol (determined by that breath analysing instrument and expressed in grammes of alcohol in 210 litres of breath or 100 millilitres of blood) was present in the breath or blood of that person on the day and at the time stated in the certificate, and