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)  [*\[Section 25A Subsection (1) amended by No. 38 of 2017, s. 46, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS46@Hpa@EN) 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) [*\[Section 25A Subsection (1) amended by No. 68 of 1997, s. 12, Applied:01 Mar 1998\]*](/view/html/inforce/1998-03-01/act-1997-068#GS12@Hpa@EN) 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) [*\[Section 25A Subsection (1) amended by No. 68 of 1997, s. 12, Applied:01 Mar 1998\]*](/view/html/inforce/1998-03-01/act-1997-068#GS12@Hpa@EN) 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)  [*\[Section 25A Subsection (2) amended by No. 38 of 2017, s. 46, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS46@Hpb@EN) In any proceedings to which this Division applies a certificate stating– > > > > > > (a) [*\[Section 25A Subsection (2) amended by No. 68 of 1997, s. 12, Applied:01 Mar 1998\]*](/view/html/inforce/1998-03-01/act-1997-068#GS12@Hpb@EN) 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; > > > > > > > (d) that at that time that breath analysing instrument was in proper working order; and > > > > > > > (e) [*\[Section 25A Subsection (2) amended by No. 68 of 1997, s. 12, Applied:01 Mar 1998\]*](/view/html/inforce/1998-03-01/act-1997-068#GS12@Hpc@EN) that at that time the person by whom the certificate purports to be signed informed the person named in the certificate that he or she could elect to submit to the taking of a sample of blood for analysis instead of submitting to a breath analysis; > > > > > > > (f) [*\[Section 25A Subsection (2) amended by No. 68 of 1997, s. 12, Applied:01 Mar 1998\]*](/view/html/inforce/1998-03-01/act-1997-068#GS12@Hpc@EN) that the person named in the certificate did not so elect to submit to the taking of a sample of blood for analysis; and > > > > > > > (g) [*\[Section 25A Subsection (2) amended by No. 68 of 1997, s. 12, Applied:01 Mar 1998\]*](/view/html/inforce/1998-03-01/act-1997-068#GS12@Hpc@EN) that at that time the person by whom the certificate purports to be signed was an approved operator – > > > > is admissible in those proceedings and is *prima facie* evidence of the particulars contained in the certificate.