24Restrictions on admission of evidence of breath analysis

### 24 Restrictions on admission of evidence of breath analysis > > (1)  [*\[Section 24 Subsection (1) amended by No. 28 of 2005, s. 19, Applied:01 Feb 2006\]*](/view/html/inforce/2006-02-01/act-2005-028#GS19@Hpa@EN) *\[Section 24 Subsection (1) amended by No. 91 of 1982, s. 13 \]*Evidence of the concentration of alcohol in the breath of a person as determined by a breath analysing instrument is not admissible in evidence in any proceedings to which this Division applies, unless– > > > > > > (a) such a statement as is referred to in [section 11](#GS11@EN) was read over to him and handed to him on the completion of the analysis; and > > > > > > > (b) if he made such a request as is referred to in [subsection (3)](#GS11@Gs3@EN) of that section– > > > > > > > > > > (i) [*\[Section 24 Subsection (1) amended by No. 38 of 2017, s. 44, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS44@Hpb@EN) [*\[Section 24 Subsection (1) amended by No. 38 of 2017, s. 44, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS44@Hpa@EN) a sample of his blood was taken by a qualified person in accordance with this Act and the taking of that sample began within 5 hours after the relevant time; or > > > > > > > > > > > (ii) he refused to submit to the taking of a sample of his blood after appropriate arrangements had been made under that section in response to that request. > > > (2)  [*\[Section 24 Subsection (2) amended by No. 28 of 2005, s. 19, Applied:01 Feb 2006\]*](/view/html/inforce/2006-02-01/act-2005-028#GS19@Hpb@EN) Where the statement referred to in [subsection (1)](#GS24@Gs1@EN) [(a)](#GS24@Gs1@Hpa@EN) indicates that the concentration of alcohol in the breath of the person submitting to the breath analysis, as determined by that analysis, exceeded the prescribed concentration, the statement shall be in such form as to draw his attention to his right to make the request referred to in [section 11](#GS11@EN) [(3)](#GS11@Gs3@EN) . > > > (3)  *\[Section 24 Subsection (3) amended by No. 83 of 1978, s. 5 \]*Without prejudice to the foregoing provisions of this section, in proceedings against a person for an offence under [section 6](#GS6@EN) [(2)](#GS6@Gs2@EN) such evidence as is referred to in [subsection (1)](#GS24@Gs1@EN) is inadmissible unless either – > > > > > > (a) the statement referred to in [subsection (1)](#GS24@Gs1@EN) [(a)](#GS24@Gs1@Hpa@EN) is in such a form as to draw the attention of that person to his right to make such a request as is referred to in [section 11](#GS11@EN) [(3)](#GS11@Gs3@EN) ; or > > > > > > > (b) that person, before the statement was read over to him, represented to the approved operator by whom the analysis was carried out that he was not a person referred to in [section 6](#GS6@EN) [(3)](#GS6@Gs3@EN) or did not, on inquiry made to him by the operator, inform the operator that he was such a person.