sec.45Certificate evidence

### sec.45 Certificate evidence A certificate signed under section 41 is, unless the contrary is proved, conclusive evidence of each of the following— a requirement to submit to a breath analysis, saliva analysis or blood test was made under this part of the rail safety worker named in the certificate by the authorised person named in the certificate; before the requirement mentioned in paragraph (a) was made, a direction to provide a specimen for preliminary testing was given under division 3 to the rail safety worker named in the certificate by the authorised person named in the certificate; the reason, as mentioned in section 26 (a) to (c) , that the requirement mentioned in paragraph (a) was made. A certificate signed under section 42 is, unless the contrary is proved, conclusive evidence of each of the following— a direction to provide a specimen of breath or saliva for analysis was given under this part to the rail safety worker named in the certificate by the authorised person named in the certificate; the worker failed to comply with the direction; if the direction was to provide a specimen of breath for analysis—a breath analysing instrument was available at the place and time at which the worker was to have provided the specimen in compliance with the direction. A certificate signed under section 43 is, unless the contrary is proved, conclusive evidence of each of the following— a direction to provide a specimen of blood for a laboratory test was given under this part to the rail safety worker named in the certificate by the authorised person named in the certificate; the worker failed to comply with the direction. (sec.45-ssec.1) A certificate signed under section 41 is, unless the contrary is proved, conclusive evidence of each of the following— a requirement to submit to a breath analysis, saliva analysis or blood test was made under this part of the rail safety worker named in the certificate by the authorised person named in the certificate; before the requirement mentioned in paragraph (a) was made, a direction to provide a specimen for preliminary testing was given under division 3 to the rail safety worker named in the certificate by the authorised person named in the certificate; the reason, as mentioned in section 26 (a) to (c) , that the requirement mentioned in paragraph (a) was made. (sec.45-ssec.2) A certificate signed under section 42 is, unless the contrary is proved, conclusive evidence of each of the following— a direction to provide a specimen of breath or saliva for analysis was given under this part to the rail safety worker named in the certificate by the authorised person named in the certificate; the worker failed to comply with the direction; if the direction was to provide a specimen of breath for analysis—a breath analysing instrument was available at the place and time at which the worker was to have provided the specimen in compliance with the direction. (sec.45-ssec.3) A certificate signed under section 43 is, unless the contrary is proved, conclusive evidence of each of the following— a direction to provide a specimen of blood for a laboratory test was given under this part to the rail safety worker named in the certificate by the authorised person named in the certificate; the worker failed to comply with the direction. - (a) a requirement to submit to a breath analysis, saliva analysis or blood test was made under this part of the rail safety worker named in the certificate by the authorised person named in the certificate; - (b) before the requirement mentioned in paragraph (a) was made, a direction to provide a specimen for preliminary testing was given under division 3 to the rail safety worker named in the certificate by the authorised person named in the certificate; - (c) the reason, as mentioned in section 26 (a) to (c) , that the requirement mentioned in paragraph (a) was made. - (a) a direction to provide a specimen of breath or saliva for analysis was given under this part to the rail safety worker named in the certificate by the authorised person named in the certificate; - (b) the worker failed to comply with the direction; - (c) if the direction was to provide a specimen of breath for analysis—a breath analysing instrument was available at the place and time at which the worker was to have provided the specimen in compliance with the direction. - (a) a direction to provide a specimen of blood for a laboratory test was given under this part to the rail safety worker named in the certificate by the authorised person named in the certificate; - (b) the worker failed to comply with the direction.