129Alcohol in blood determined by analysis of sample

#### 129 Alcohol in blood determined by analysis of sample 129 Alcohol in blood determined by analysis of sample > > (1) This clause applies to proceedings for an offence under clause 120. > > > (2) Evidence may be given of the concentration of alcohol present in the blood of the person charged, as determined by an analysis under this Regulation of a portion of a sample of the person’s blood. > > > (3) The concentration of alcohol so determined is taken to be the concentration of alcohol in the blood of the person charged at the time the person carried out the transport safety work to which the analysed sample of blood relates if the sample was taken within 4 hours after that time, unless the person proves that the concentration of alcohol in the person’s blood at that time was less than 0.02 grams of alcohol in 100 millilitres of the blood. > > > (4) A certificate purporting to be signed by an authorised sample taker and certifying one or more of the following matters is prima facie evidence of the particulars certified in and by the certificate— > > > > > (a) the certifier was an authorised sample taker who attended a specified person at a hospital, > > > > > (b) the certifier took a sample of the person’s blood in accordance with this Regulation on the day and at the time stated in the certificate, > > > > > (c) the certifier dealt with the sample in accordance with clause 116, > > > > > (d) the certifier used equipment of a specified description when taking and dealing with the sample, > > > > > (e) the container was sealed, and marked or labelled, in a specified way. > > > (5) A certificate purporting to be signed by a test supervisor or police officer and certifying one or more of the following matters is prima facie evidence of the particulars certified in and by the certificate— > > > > > (a) the test supervisor or police officer received a portion of a sample of a specified person’s blood taken in accordance with this Regulation, > > > > > (b) the test supervisor or police officer arranged for the portion to be submitted for analysis by an analyst to determine the concentration of alcohol in the blood, > > > > > (c) the container was sealed, and marked or labelled, in a specified way. > > > (6) A certificate purporting to be signed by an analyst and certifying one or more of the following matters is prima facie evidence of the matters set out in subclause (7)— > > > > > (a) a portion of a sample of a specified person’s blood was received, on a specified day, in a container submitted for analysis under this Regulation, > > > > > (b) the container, as received, was sealed, and marked or labelled, in a specified way, > > > > > (c) on receipt of the container, the seal was unbroken, > > > > > (d) an analysis of the portion was carried out to determine the concentration of alcohol in the sample, > > > > > (e) the concentration of alcohol determined by the analysis and expressed in grams of alcohol in 100 millilitres of blood was present in the sample. > > > (7) A certificate under subclause (6) is prima facie evidence— > > > > > (a) of the particulars certified in and by the certificate, and > > > > > (b) that the sample was a portion of the sample of the blood of the specified person, and > > > > > (c) that the portion had not been tampered with before it was received. > > **cl 129:** Rep 2017 (595), Sch 1 \[41\]. Ins 2021 (483), Sch 1\[2\].