28Certificate evidence about breath analysing instruments

28 Certificate evidence about breath analysing instruments

28 Certificate evidence about breath analysing instruments

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

(2) A certificate purporting to be signed by an authorised person and certifying any one or more of the following matters is admissible in proceedings to which this clause applies and is prima facie evidence of the particulars certified in and by the certificate—

(a) the authorised person is duly authorised as an authorised person or, if the authorised person is a police officer, the police officer is authorised by the Commissioner of Police to carry out a breath analysis,

(b) the person named in the certificate submitted to a breath analysis,

(c) the apparatus used by the authorised person to make the breath analysis was a breath analysing instrument within the meaning of the Road Transport Act 2013,

(d) the analysis was made on the day and completed at the time stated in the certificate,

(e) a concentration of alcohol (determined by that breath analysing instrument and expressed in grams of alcohol in 210 litres of breath or 100 millilitres of blood) was present in the breath or blood of that person on the day and at the time stated in the certificate,

(f) a statement in writing required by clause 11(5) was delivered in accordance with that subclause.

(3) In proceedings for an offence against section 128(1)(a) or (c) of the Rail Safety National Law (NSW), a certificate purporting to be signed by the Commissioner of Police that the police officer named in the certificate is authorised by the Commissioner of Police to carry out a breath analysis is prima facie evidence of the particulars certified in and by the certificate.

(4) In any proceedings for an offence against section 128(1)(a) or (c) of the Rail Safety National Law (NSW), evidence of the condition of a breath analysing instrument or the manner in which it was operated is not to be required unless evidence that the instrument was not in proper condition or was not properly operated has been adduced.