30Certificate evidence may specify minimum concentrations

30 Certificate evidence may specify minimum concentrations

30 Certificate evidence may specify minimum concentrations

(1) This clause applies to a certificate under this Division if—

(a) evidence is given by the certificate in proceedings in which evidence is permitted to be given of the results of an analysis undertaken for the purposes of the Rail Safety National Law (NSW) or this Regulation of a sample of a person’s blood, oral fluid or urine, and

(b) the certificate is to the effect that alcohol or a specified drug was found by the analysis to be present in the sample in a concentration not less than a specified concentration.

(2) A certificate to which this clause applies is to be treated as though it stated that the concentration of alcohol or of the other drug concerned was determined by the analysis to be present in the specified minimum concentration.

(3) Evidence given by a certificate to which this clause applies is not open to challenge on the basis that the analysis, merely because it purports to determine a concentration in terms of a minimum, does not meet the requirements of the Rail Safety National Law (NSW) or this Regulation.