25Evidence as to carrying out of breath analysis

### 25 Evidence as to carrying out of breath analysis > > (1)  [*\[Section 25 Subsection (1) amended by No. 38 of 2017, s. 45, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS45@Hpa@EN) *\[Section 25 Subsection (1) amended by No. 91 of 1982, s. 14 \]*Where in any proceedings to which this Division applies evidence is given by any person– > > > > > > (a) that at a specified time and place he carried out a breath analysis of a person by means of a breath analysing instrument; > > > > > > > (b) that he was at that time at which that breath analysis was carried out, an approved operator; > > > > > > > (c) that at that time the instrument was in proper working order; and > > > > > > > (d) that in carrying out the analysis he operated that instrument in the prescribed manner– > > > > that evidence is admissible in those proceedings and is *prima facie* evidence of the particulars so stated and of the fact that, at the time the analysis was carried out, the instrument was in proper working order. > > > (2)  [*\[Section 25 Subsection (2) amended by No. 38 of 2017, s. 45, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS45@Hpb@EN) *\[Section 25 Subsection (2) amended by No. 91 of 1982, s. 14 \]*In any proceedings to which this Division applies a certificate certifying– > > > > > > (a) that the person named therein submitted to a breath analysis carried out by the person by whom the certificate purports to have been signed; > > > > > > > (b) that, at the time the breath analysis was carried out, the person by whom the certificate purports to have been signed was an approved operator; > > > > > > > (c) that the apparatus used by him to carry out the breath analysis was a breath analysing instrument within the meaning of this Act and that that instrument was in proper working order; > > > > > > > (d) that, in carrying out the analysis, he operated the instrument in the prescribed manner; > > > > > > > (e) that the analysis was made on the day and completed at the time stated in the certificate; > > > > > > > (f) [*\[Section 25 Subsection (2) amended by No. 28 of 2005, s. 20, Applied:01 Feb 2006\]*](/view/html/inforce/2006-02-01/act-2005-028#GS20@Hpb@EN) [*\[Section 25 Subsection (2) amended by No. 28 of 2005, s. 20, Applied:01 Feb 2006\]*](/view/html/inforce/2006-02-01/act-2005-028#GS20@Hpa@EN) that the concentration of alcohol, expressed in grams of alcohol in 210 litres of breath, as determined by the analysis to be present in the breath of the person who submitted thereto, is that specified in the certificate; and > > > > > > > (g) that the statement required by [section 11](#GS11@EN) to be read over to that person and handed to him, was so read over to and handed to him– > > > > is admissible in those proceedings and is *prima facie* evidence of those particulars.