25AEvidence of matters related to refusal to submit to breath analysis

25A Evidence of matters related to refusal to submit to breath analysis

[Section 25A Inserted by No. 94 of 1975, s. 19 ]

(1)  [Section 25A Subsection (1) amended by No. 38 of 2017, s. 46, Applied:03 Dec 2018] Where in any proceedings to which this Division applies evidence is given by any person–

(a) that at a specified time and place the person named therein failed or refused to submit to a breath analysis;

(b) [Section 25A Subsection (1) amended by No. 68 of 1997, s. 12, Applied:01 Mar 1998] that at that time and place a breath analysis could have been properly carried out by the person by means of a breath analysing instrument that he then had with him;

(c) that at that time a breath analysing instrument was in proper working order; and

(d) [Section 25A Subsection (1) amended by No. 68 of 1997, s. 12, Applied:01 Mar 1998] that at that time the person was an approved operator–

that evidence is admissible in those proceedings and is prima facie evidence of the facts so stated.

(2)  [Section 25A Subsection (2) amended by No. 38 of 2017, s. 46, Applied:03 Dec 2018] In any proceedings to which this Division applies a certificate stating–

(a) [Section 25A Subsection (2) amended by No. 68 of 1997, s. 12, Applied:01 Mar 1998] that at a particular time and place the person named therein was directed by the person by whom the certificate purports to be signed to submit to a breath analysis;

(b) that the person so named then failed or refused to submit to a breath analysis in accordance with the direction;

(c) that at that time and place a breath analysis could have been properly carried out by the person by whom the certificate purports to have been signed by means of a breath analysing instrument he then had with him;