130Presence of drugs

#### 130 Presence of drugs 130 Presence of drugs > > (1) This clause applies to proceedings for an offence under clause 121. > > > (2) If a sample of the blood or urine of the person charged was taken within 4 hours after the time the person carried out transport safety work— > > > > > (a) evidence may be given of the presence of a drug, or a particular concentration of a drug, in the person’s blood or urine, as determined by an analysis under this Regulation of a portion of the sample, and > > > > > (b) the drug, or the particular concentration of the drug, is taken to have been present at the time the person carried out the transport safety work. > > > (3) Subclause (2)(b) does not apply if the person charged proves the absence of the drug, or the presence of the drug in a different concentration, at the time the person carried out the transport safety work. > > > (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 or urine 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 or 117. > > > (5) A certificate purporting to be signed by a person and certifying one or more of the following matters is prima facie evidence of the particulars certified in and by the certificate— > > > > > (a) the person took a sample of a specified person’s urine in accordance with this Regulation on the day and at the time stated in the certificate, > > > > > (b) the person dealt with the sample in accordance with clause 117. > > > (6) 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 or urine taken in accordance with this Regulation, > > > > > (b) the test supervisor or police officer arranged for the portion to be submitted for analysis, or testing and analysis, by an analyst to determine whether a drug was present in the sample, > > > > > (c) the container was sealed, and marked or labelled, in a specified way. > > > (7) 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 (8)— > > > > > (a) a portion of a sample of a specified person’s blood or urine 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 whether a drug was present in the sample, > > > > > (e) a specified drug ascertained by the analysis was present in the portion and, if certified, in a specified concentration. > > > (8) A certificate under subclause (7) is prima facie evidence— > > > > > (a) of the particulars certified in and by the certificate, and > > > > > (b) that the portion was a portion of the sample of the blood or urine of the specified person, and > > > > > (c) that the portion had not been tampered with before it was received. > > > (9) This clause does not enable evidence to be given of or in relation to the presence of a drug other than alcohol, or a particular concentration of the drug, in the blood or urine of a person charged with an offence under clause 121, as determined by an analysis of a sample obtained clause 112, unless the court is satisfied that the analysis was not arranged in contravention of this Regulation. > > **cl 130:** Rep 2017 (595), Sch 1 \[41\]. Ins 2021 (483), Sch 1\[2\].