29Certificate evidence about the taking and analysis of samples

29 Certificate evidence about the taking and analysis of samples

29 Certificate evidence about the taking and analysis of samples

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

(2) A certificate purporting to be signed by an authorised sample taker 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) that the certifier was an authorised sample taker who attended a specified person at a hospital,

(b) that the certifier took a sample of the person’s blood or urine in accordance with the Rail Safety National Law (NSW) and this Regulation on the day and at the time stated in the certificate,

(c) that the certifier dealt with the sample in accordance with clause 16 or 18,

(d) that the certifier used equipment of a specified description in so taking and dealing with the sample,

(e) that the container was sealed, and marked or labelled, in a specified manner.

(3) 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) that the authorised person took a sample of the oral fluid or urine of the person named in the certificate in accordance with the Rail Safety National Law (NSW) and this Regulation, on the day and at the time stated in the certificate,

(b) that the person dealt with the sample in accordance with clause 17 or 18.

(4) 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) that the authorised person received a sample of a specified person’s blood, oral fluid or urine taken in accordance with this Regulation and submitted to an approved laboratory for analysis (or testing and analysis),