QLDIn ForceRegulation
Rail Safety National Law (Queensland) Regulation 2017
sec.15Evidence—authority to operate breath analysing instrument
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### sec.15 Evidence—authority to operate breath analysing instrument
In any proceeding—
it is not necessary for a police officer to produce in evidence a certificate of authority issued by the police commissioner that the police officer is authorised to operate a breath analysing instrument for the purposes of section 37 (2) of the Act ; and
evidence by a police officer that he or she is so authorised to operate a breath analysing instrument for the purposes of section 37 (2) of the Act is sufficient evidence of that fact until the contrary is proved.
If a person intends to dispute at a hearing that a particular police officer is authorised to operate a breath analysing instrument for the purposes of section 37 (2) of the Act , the person must give the police commissioner written notice of the intention at least 14 days before the day fixed for the hearing.
(sec.15-ssec.1) In any proceeding— it is not necessary for a police officer to produce in evidence a certificate of authority issued by the police commissioner that the police officer is authorised to operate a breath analysing instrument for the purposes of section 37 (2) of the Act ; and evidence by a police officer that he or she is so authorised to operate a breath analysing instrument for the purposes of section 37 (2) of the Act is sufficient evidence of that fact until the contrary is proved.
(sec.15-ssec.2) If a person intends to dispute at a hearing that a particular police officer is authorised to operate a breath analysing instrument for the purposes of section 37 (2) of the Act , the person must give the police commissioner written notice of the intention at least 14 days before the day fixed for the hearing.
- (a) it is not necessary for a police officer to produce in evidence a certificate of authority issued by the police commissioner that the police officer is authorised to operate a breath analysing instrument for the purposes of section 37 (2) of the Act ; and
- (b) evidence by a police officer that he or she is so authorised to operate a breath analysing instrument for the purposes of section 37 (2) of the Act is sufficient evidence of that fact until the contrary is proved.