268Certificate evidence of concentration of alcohol in breath or blood determined by breath test or breath analysis

#### 268 Certificate evidence of concentration of alcohol in breath or blood determined by breath test or breath analysis 268 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 relating to misbehaviour with alcohol, 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 (not being a breath analysing instrument) of a type approved by the Governor for the conduct of breath tests under the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), 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 the breath test and expressed in grams of alcohol per 210 litres of breath (or its equivalent in grams of alcohol per 100 millilitres of blood), was present in the breath of that person on the day and at the time stated in the certificate, and > > > > > (f) a statement in writing required by clause 263(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 relating to misbehaviour with alcohol, 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 5 of Part 11 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 the breath analysing instrument and expressed in grams of alcohol per 210 litres of breath (or its equivalent in grams of alcohol per 100 millilitres of blood), was present in the breath of that person on the day and at the time stated in the certificate, and > > > > > (f) a statement in writing required by clause 263(3) was delivered in accordance with that subclause, > > > > is prima facie evidence of the particulars certified in and by the certificate. > > > (3) For the purposes of any disciplinary procedure relating to misbehaviour with alcohol, evidence of the condition of a device by means of which a breath test was carried out or of a breath analysing instrument or the way in which the device or instrument was operated is not to be required unless evidence that the device or instrument was not in proper condition or was not properly operated has been adduced. > > > (4) For the purposes of any disciplinary procedure relating to misbehaviour with alcohol, evidence may be given of the concentration of alcohol present in the staff member’s breath, as determined by a device by which a breath test was carried out or by a breath analysing instrument operated by an authorised person. > > > (5) The concentration of alcohol so determined is taken to be the concentration of alcohol in the staff member’s breath when the staff member presented for duty if the breath analysis was made within 3 hours of the staff member presenting for duty on the particular day, unless the staff member proves that the prescribed concentration of alcohol was not present in the staff member’s breath at that time. > > > (6) The concentration of alcohol so determined is taken to be the concentration of alcohol in the staff member’s breath while the staff member was on duty if the breath analysis was made within 3 hours of the staff member ceasing to be on duty on the particular day, unless the staff member proves that the prescribed concentration of alcohol was not present in the staff member’s breath at that time.