201Evidentiary matters in relation to prescribed alcohol/drug tests

201 Evidentiary matters in relation to prescribed alcohol/drug tests (1) This section applies for the purposes of legal proceedings arising out of the operation of this Act in which the carrying out or results of a prescribed alcohol/drug test are relevant. (2) If a prescribed alcohol/drug test detects: (a) the presence of alcohol in a sample of a person's breath; or (b) the presence of alcohol or a drug in a person's body; the person is taken to have consumed or used alcohol or the drug, unless the contrary is proved. In criminal proceedings, the defendant has a legal burden of proof in relation to proving to the contrary (see section 43BV(c) of the Criminal Code). (3) A certificate signed by a prescribed certifier stating matters relating to a certifiable matter is evidence of the matters stated in the certificate and the facts on which they are based.

Correctional Services Act 2014 99 certifiable matter, for a prescribed certifier, means a matter relating to a prescribed alcohol/drug test that is specified in the regulations as a matter in relation to which the certifier may issue an evidentiary certificate. prescribed certifier means a person prescribed by regulation as a person who may issue an evidentiary certificate.