32BEvidentiary provisions—oral fluid tests

32B Evidentiary provisions—oral fluid tests

S. 32B(1) def. of approved analyst substituted by No. 5/2016 s. 8(1)(a).

approved analyst means an approved analyst within the meaning of section 57B of the Road Safety Act 1986;

S. 32B(1) def. of approved laboratory inserted by No. 5/2016 s. 8(1)(c).

approved laboratory means an approved laboratory within the meaning of section 57B of the Road Safety Act 1986;

prescribed legal proceeding means—

(a) a hearing for an offence against section 28(1); or

(b) a trial or hearing for an offence against section 318(1) or 319(1) of the Crimes Act 1958 arising out of the operating of a vessel;

S. 32B(1) def. of properly qualified analyst amended by No. 5/2016 s. 8(1)(b).

(ab) a person who carries out an analysis in an approved laboratory; or

(b) a person who is considered by the court hearing the charge for the offence to have scientific qualifications, training and experience that qualifies him or her to carry out the analysis and to express an opinion as to the facts and matters contained in a certificate under subsection (4).

(2) If a question as to the presence of a prescribed illicit drug in the body of a person at any time is relevant in a prescribed legal proceeding then, without affecting the admissibility of any evidence which might be given apart from the provisions of this section, evidence may be given—

(a) of the providing by that person of a sample of oral fluid under section 31AE after that person was—

(ii) a master or pilot of a vessel underway or at anchor; or

(iii) an occupant of a vessel;

(b) of the analysis of that sample of oral fluid by a properly qualified analyst within twelve months after it was taken;

(c) of the presence of a prescribed illicit drug in that sample of oral fluid at the time of analysis.

(3) A certificate containing the prescribed particulars purporting to be signed by the person who carried out the procedure in the course of which the sample of oral fluid was provided is admissible in evidence in any hearing referred to in subsection (2) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.

S. 32B(4) substituted by No. 5/2016 s. 8(2).

(4) A certificate, containing the prescribed particulars, as to the presence in any sample of oral fluid of a substance that is a prescribed illicit drug—