57BEvidentiary provisions—oral fluid tests

57B Evidentiary provisions—oral fluid tests

approved analyst means a person who has been approved by Order of the Governor in Council published in the Government Gazette as a properly qualified analyst for the purposes of this section;

S. 57B(1) def. of approved laboratory inserted by No. 5/2016 s. 5(1)(b).

approved laboratory means a laboratory that has been approved by an Order of the Governor in Council published in the Government Gazette for the purposes of this section;

S. 57B(1) def. of properly qualified analyst amended by No. 5/2016 s. 5(1)(a).

properly qualified analyst means—

(a) an approved analyst; or

(ab) a person who carries out an analysis in an approved laboratory; or

(b) a person who is considered by the court hearing the charge for the offence to have scientific qualifications, training and experience that qualifies him or her to carry out the analysis and to express an opinion as to the facts and matters contained in a certificate under subsection (4).

(2) If a question as to the presence of a prescribed illicit drug in the body of a person at any time is relevant—

(a) on a trial for murder or manslaughter or for negligently causing serious injury arising out of the driving of a motor vehicle; or

(b) on a trial or hearing for an offence against Subdivision (4) of Division 1 of Part I of the Crimes Act 1958 arising out of the driving of a motor vehicle; or

S. 57B(2)(c) amended by Nos 81/2006 s. 44(3), 93/2009 s. 49(2)(d).

(c) on a trial or hearing for an offence against section 318(1) or 319(1) of the Crimes Act 1958 arising out of the driving of a motor vehicle but not the operating of a vessel; or

(d) on a hearing for an offence against section 49(1) of this Act; or

(e) in any proceedings conducted by a coroner—

then, without affecting the admissibility of any evidence which might be given apart from the provisions of this section, evidence may be given—

(f) of the providing by that person, after that person drove or was in charge of a motor vehicle, of a sample of oral fluid under section 55E;

(g) of the analysis of that sample of oral fluid by a properly qualified analyst within twelve months after it was taken;

(h) of the presence of a prescribed illicit drug in that sample of oral fluid at the time of analysis.