sec.40Evidence from breath analysing instrument

### sec.40 Evidence from breath analysing instrument This section applies to evidence of the concentration of alcohol indicated to be present in the blood or breath of a rail safety worker by a breath analysing instrument that is given by— the instrument operator; or a copy of a breath analysis certificate purporting to be signed by the operator. Subject to subsection (3) , the evidence is conclusive evidence of the concentration of alcohol present in the blood or breath of the rail safety worker at all material times. The rail safety worker may negative the evidence by proving that, at the time of its operation, the breath analysing instrument was not in proper working order or was not properly operated. In this section— material times means— when the rail safety worker provided the specimen of breath; and any time during the 3-hour period ending at the time the worker provided the specimen. (sec.40-ssec.1) This section applies to evidence of the concentration of alcohol indicated to be present in the blood or breath of a rail safety worker by a breath analysing instrument that is given by— the instrument operator; or a copy of a breath analysis certificate purporting to be signed by the operator. (sec.40-ssec.2) Subject to subsection (3) , the evidence is conclusive evidence of the concentration of alcohol present in the blood or breath of the rail safety worker at all material times. (sec.40-ssec.3) The rail safety worker may negative the evidence by proving that, at the time of its operation, the breath analysing instrument was not in proper working order or was not properly operated. (sec.40-ssec.4) In this section— material times means— when the rail safety worker provided the specimen of breath; and any time during the 3-hour period ending at the time the worker provided the specimen. - (a) the instrument operator; or - (b) a copy of a breath analysis certificate purporting to be signed by the operator. - (a) when the rail safety worker provided the specimen of breath; and - (b) any time during the 3-hour period ending at the time the worker provided the specimen.