25Evidence of concentration of alcohol in breath or blood determined by breath analysis

25 Evidence of concentration of alcohol in breath or blood determined by breath analysis

25 Evidence of concentration of alcohol in breath or blood determined by breath analysis

(1) This clause applies to any proceedings for an offence against section 128(1)(a) of the Rail Safety National Law (NSW).

(2) Evidence may be given in proceedings to which this clause applies of the concentration of alcohol present in the breath or blood of the person charged, as determined by a breath analysing instrument operated by—

(a) an authorised person (other than a police officer), or

(b) a police officer authorised by the Commissioner of Police to carry out a breath analysis.

(3) Evidence may be given in proceedings to which this clause applies of the concentration of alcohol present in the blood of the person charged, as determined by an analysis of the person’s blood under this Part.

(4) The concentration of alcohol determined by a breath analysing device or by analysis of the person’s blood is taken to be the concentration of alcohol in the breath or blood of the person at the time the person carried out the rail safety work to which the breath analysis or blood sample relates if—

(a) in the case of evidence concerning breath analysis—the breath analysis was made within 3 hours after that time, or

(b) in the case of evidence concerning a blood sample—the sample of blood was taken within 3 hours after that time.