Marine Safety (Misuse of Alcohol) Act 2006
55Limitation on tendering of evidentiary certificates and records
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55 Limitation on tendering of evidentiary certificates and records
(1) An evidentiary certificate or evidentiary record is not capable of being tendered in evidence by or on behalf of a party to any proceedings unless, at least 14 days before the hearing of the proceedings (or such lesser period before the hearing of the proceedings as the court may approve), a copy of the evidentiary certificate or evidentiary record was served on the other party to the proceedings.
(2) If an evidentiary certificate or evidentiary record is endorsed with a certificate of service purporting to be signed by a person by whom a copy of the evidentiary certificate or evidentiary record was served, the certificate of service is prima facie evidence of the particulars stated in the certificate of service.
(3) Subject to this section, an evidentiary certificate or evidentiary record may be tendered in evidence in proceedings whether or not the person by whom the evidentiary certificate or evidentiary record was signed or made, or any person who, under the supervision of the first-mentioned person, was involved with the analysis to which the evidentiary certificate or evidentiary record relates, is called as a witness in those proceedings.
(4) Where a person by whom an evidentiary certificate or evidentiary record was signed or made, or any person who, under the supervision of the first-mentioned person, was involved with the analysis to which the evidentiary certificate or evidentiary record relates, is called by the defendant as a witness in proceedings, that person may be cross-examined by the defendant as to the facts or matters set out in the evidentiary certificate or evidentiary record.
(5) In any proceedings, no evidence is to be given by or on behalf of any person of the result of the analysis of a sample of the person's blood that was taken otherwise than pursuant to a requirement or direction under this Act unless, at least 4 days before the hearing (or such lesser period before the hearing as the court may approve), notice has been given in writing to the prosecutor or the prosecutor's agent stating the intention to give that evidence.