Div 4Evidence etc

Division 4—Evidence etc 41—Evidence etc (1) If the requirements and procedures in relation to breath analysing instruments and breath analysis under this Part, including subregulations (3) and (4), have been complied with, it must be presumed, in the absence of proof to the contrary, that the concentration of alcohol so indicated was present in the blood of the test subject at the time of the analysis. (2) No evidence can be adduced in rebuttal of the presumption created by subregulation (1) except— (a) evidence of the concentration of alcohol in the blood of the test subject as indicated by analysis of a sample of blood taken and dealt with in accordance with the procedures set out in this Part; and (b) evidence as to whether the results of analysis of the sample of blood demonstrate that the breath analysing instrument gave a false reading of the concentration of alcohol present in the blood of the test subject. (3) As soon as is practicable after a test subject has submitted to an analysis of breath by means of a breath analysing instrument, the authorised member who conducted the analysis must deliver to the test subject a statement in writing specifying— (a) the reading produced by the breath analysing instrument; and (b) the date and time of the analysis. (4) If a test subject has submitted to an analysis of breath by means of a breath analysing instrument and any concentration of alcohol is indicated as being present in the blood of that test subject by the breath analysing instrument, the authorised member who conducted the analysis must immediately— (a) give the person the oral advice determined by the Commissioner and deliver to the person the written notice determined by the Commissioner as to the operation of this Act in relation to the results of the breath analysis and as to the procedures set out in this Part for the taking and analysis of a sample of the person's blood; and (b) at the request of the person made in accordance with regulation 40, deliver an approved blood test kit to the person. (5) A certificate purporting to be signed by an authorised member in relation to a breath analysing instrument and to certify that— (a) the apparatus used by the authorised member was a breath analysing instrument within the meaning of Part 6 Division 2 of the Act; and (b) the breath analysing instrument was in proper order and was properly operated; and (c) the provisions of Part 6 Division 2 of the Act and this Part with respect to breath analysing instruments and the manner in which an analysis of breath by means of a breath analysing instrument is to be conducted were complied with is, in the absence of proof to the contrary, proof of the matters so certified. (6) A certificate purporting to be signed by a member of SA Police and to certify that an apparatus referred to in the certificate is or was of a kind approved under the Road Traffic Act 1961 for the purpose of performing alcotests is, in the absence of proof to the contrary, proof of the matter so certified. (7) A certificate purporting to be signed by a member of SA Police and to certify that a person named in the certificate submitted to an alcotest on a specified day and at a specified time and that the alcotest indicated that any concentration of alcohol may then have been present in the blood of that person is, in the absence of proof to the contrary, proof of the matters so certified. (8) A certificate purporting to be signed by an analyst, certifying as to the concentration of alcohol, or any prescribed drug, found in a specimen of blood identified in the certificate expressed in grams in 100 millilitres of blood is, in the absence of proof to the contrary, proof of the matters so certified. (9) A certificate purporting to be signed by an authorised member and to certify that— (a) a person named in the certificate submitted to an analysis of breath by means of a breath analysing instrument on a day and at a time specified in the certificate; and (b) the breath analysing instrument produced a reading specified in the certificate; and (c) a statement in writing required by subregulation (3) was delivered in accordance with that subregulation, is, in the absence of proof to the contrary, proof of the matters so certified. (10) A certificate purporting to be signed by an authorised member and to certify— (a) that, on a date and at a time specified in the certificate, a person named in the certificate submitted to an analysis of breath by means of a breath analysing instrument; and (b) that the relevant oral advice and the relevant written notice were given and delivered to the person in accordance with subregulation (4)(a); and (c) that— (i) the person did not make a request for an approved blood test kit in accordance with this Part; or (ii) at the request of the person, a kit that, from an examination of its markings, appeared to the person signing the certificate to be an approved blood test kit was delivered to the person in accordance with subregulation (4)(b), is, in the absence of proof to the contrary, proof that the requirements of subregulation (4) were complied with in relation to the person. (10a) A certificate purporting to be signed by an authorised member and to certify that an apparatus referred to in the certificate is or was of a kind approved by regulation 29A for the conduct of drug screening tests is, in the absence of proof to the contrary, proof of the matter so certified. (10b) A certificate purporting to be signed by an authorised member and to certify that a person named in the certificate submitted to a drug screening test on a specified day and at a specified time and that the drug screening test indicated that a prescribed drug may then have been present in the oral fluid of the person is, in the absence of proof to the contrary, proof of the matters so certified. (10c) A certificate purporting to be signed by an authorised member and to certify that apparatus used to conduct a drug screening test was in proper order and that the drug screening test was properly conducted is, in the absence of proof to the contrary, proof of the matters so certified. (11) A certificate purporting to be signed by a member of SA Police and to certify that a person named in the certificate was required under Part 6 Division 2 of the Act and this Part to submit to an alcotest or breath analysis and refused or failed to comply with all reasonable directions of a member of SA Police in relation to the requirement is, in the absence of proof to the contrary, proof of the matter so certified. (12) A certificate purporting to be signed by the Commissioner and to certify that a person named in the certificate is an authorised member is, in the absence of proof to the contrary, proof of the matter so certified. (13) In any proceeding under the Act, and in the absence of proof to the contrary, any of the following certificates is evidence of the matters certified in the certificate: (a) a certificate purporting to be signed by a sample collector certifying that an identified urine or oral fluid sample was taken or collected— (i) from a named person; and (ii) at a specified date and time; and (iii) in accordance with this Part; (b) a certificate purporting to be signed by a medical practitioner or registered nurse certifying that an identified blood sample was taken or collected— (i) from a named person; and (ii) at a specified date and time; and (iii) in accordance with this Part; (d) a certificate purporting to be signed by an authorised member certifying— (i) that the apparatus used to conduct an oral fluid analysis was in proper order; and (ii) that the oral fluid analysis was properly conducted; (e) a certificate purporting to be signed by an analyst certifying— (i) that an identified blood, urine or oral fluid sample taken from a named person was analysed for alcohol or prescribed drugs in accordance with this Part; and (ii) the results obtained from that analysis. (14) If a certificate of an analyst relating to a blood, urine or oral fluid sample taken in accordance with this Part is received as evidence in proceedings and states that a prescribed drug has been found to be present in the blood, urine or oral fluid sample to which the certificate relates, it will be presumed, in the absence of proof to the contrary, that the prescribed drug stated in the certificate was present in the sample when the sample was taken.