Section 130 - Passenger Transport (General) Regulation 2017 - Presence of drugs

130Presence of drugs

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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,