sec.37Who may operate breath analysing instrument

### sec.37 Who may operate breath analysing instrument A breath analysing instrument must be operated by— an authorised person; or a police officer who is an instrument operator under section 30 . Despite subsection (1) , a police officer may operate a breath analysing instrument only if the police officer is authorised by the commissioner under the Transport Operations (Road Use Management) Act 1995 , section 80 (8G) to operate the instrument. A certificate mentioned in the Transport Operations (Road Use Management) Act 1995 , section 80 (8I) is, unless the contrary is proved, conclusive evidence that the police officer named in the certificate is authorised for the purposes of subsection (2) . (sec.37-ssec.1) A breath analysing instrument must be operated by— an authorised person; or a police officer who is an instrument operator under section 30 . (sec.37-ssec.2) Despite subsection (1) , a police officer may operate a breath analysing instrument only if the police officer is authorised by the commissioner under the Transport Operations (Road Use Management) Act 1995 , section 80 (8G) to operate the instrument. (sec.37-ssec.3) A certificate mentioned in the Transport Operations (Road Use Management) Act 1995 , section 80 (8I) is, unless the contrary is proved, conclusive evidence that the police officer named in the certificate is authorised for the purposes of subsection (2) . - (a) an authorised person; or - (b) a police officer who is an instrument operator under section 30 .