135Evidence of breath tests

135 Evidence of breath tests (1) This section applies to evidence of the results of a test that indicates the presence or concentration of alcohol in the blood of a person, performed on a breath testing machine installed at licensed premises or permitted premises. (2) The evidence is not admissible— (a) in a civil proceeding against the licensee or permit-holder; or (b) in a criminal proceeding. (3) However, this section does not prevent the admission into evidence in a civil proceeding of the results of the test if it is established that at the time of the test— (a) the breath testing machine did not comply with AS 3547-1997; or (b) the licensee or permit-holder was aware, or should have been aware, that the breath testing machine was not operating correctly; or (c) a sign about the breath testing machine was not displayed as required under section 134.