Crimes (Administration of Sentences) Regulation 2014
269Certificate evidence of concentration of alcohol in blood otherwise than in relation to a breath test or breath analysis
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269 Certificate evidence of concentration of alcohol in blood otherwise than in relation to a breath test or breath analysis
269 Certificate evidence of concentration of alcohol in blood otherwise than in relation to a 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 a medical practitioner or registered nurse and certifying any one or more of the following matters—
(a) that the practitioner or nurse was a medical practitioner or registered nurse who attended a specified person at a hospital,
(b) that the practitioner or nurse took a sample of the person’s blood or took from, or was provided with, a non-invasive sample in accordance with Division 5 of Part 11 of the Act on the day and at the time stated in the certificate,
(c) that the practitioner or nurse dealt with the sample in accordance with Division 5 of Part 11 of the Act and this Part,
(d) that the practitioner or nurse used equipment of a specified description in so taking and dealing with the sample,
(e) that the container into which the sample was placed was sealed, and marked or labelled, in a specified way,
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 any one or more of the following matters—
(a) that the authorised person received a portion of a sample of a specified person’s blood or a non-invasive sample provided by or taken from the specified person and taken in accordance with Division 5 of Part 11 of the Act and this Part,
(b) that the authorised person arranged for the portion to be submitted for analysis by an analyst to determine whether the sample indicated that the blood of the staff member by whom the sample was provided or from whom the sample was taken contained alcohol, and if so, the concentration of alcohol in the staff member’s blood,
(c) that the container into which the sample was placed was sealed, and marked or labelled, in a specified way,
is prima facie evidence of the particulars certified in and by the certificate.