53Evidence of matters related to failure to submit to breath analysis

53 Evidence of matters related to failure to submit to breath analysis

If, in any proceedings, a person gives evidence –

(a) that at a specified time and place a named person failed to submit to a breath analysis; and

(b) that at that time and place a breath analysis could have been properly carried out by the person giving evidence by means of a breath analysing instrument that he or she then had with him or her; and

(c) that at that time a breath analysing instrument was in proper working order; and

(d) that at that time the person giving the evidence was an approved operator –

that evidence is prima facie evidence of the particulars so stated.