27ACertificate in relation to taking of certain oral fluid samples

27A Certificate in relation to taking of certain oral fluid samples

[Section 27A Inserted by No. 20 of 2020, s. 17, Applied:28 Sep 2020]

(1)  In any proceedings to which this Division applies, a certificate –

(a) stating that, on the day and at the time stated in the certificate, the person by whom the certificate purports to be signed took a sample of the oral fluid of the person named therein for the purpose of oral fluid analysis; and

(b) stating that, when that sample was so taken, the person by whom the certificate purports to be signed was an approved operator; and

(c) containing particulars of the manner in which the sample was taken or of any action taken by that person consequent upon, or in relation to, the taking of that sample –

is admissible in those proceedings and is prima facie evidence of the particulars contained in the certificate.

(2)  In any proceedings to which this Division applies, a certificate –

(a) stating that, at a particular time and place, a container containing a part of a sample of oral fluid was delivered, by the person by whom the certificate purports to be signed –

(i) to the person named in the certificate and stated therein to be an approved analyst; or

(ii) to a person authorised by an approved analyst to receive the sample; and

(b) containing particulars with respect to the container or any label or marks thereon; and

(c) containing particulars with respect to the manner in which it was kept or otherwise dealt with before being so delivered; and

(d) stating that the person by whom it was so delivered was at that time a police officer –

is admissible in those proceedings and is prima facie evidence of the matters stated in the certificate.