29Limitation on tendering of certificates, &c., in evidence

### 29 Limitation on tendering of certificates, &c., in evidence > > (1)  No certificate or record referred to in the foregoing provisions of this Division shall be tendered in evidence by, or on behalf of, any party to any proceedings unless, at least 14 days, or such lesser period as the court may approve, before the hearing of the proceedings, a copy thereof was served on the other party to the proceedings. > > > (1AA)  [*\[Section 29 Subsection (1AA) inserted by No. 38 of 2017, s. 51, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS51@Hpa@EN) If a report has been provided under [section 13B(2)(a)](#GS13B@Gs2@Hpa@EN) , [13B(2A)](#GS13B@Gs2A@EN) or [13C(3)](#GS13C@Gs3@EN) to a person, the provision of that report under that section is taken to be service for the purposes of [subsection (1)](#GS29@Gs1@EN) . > > > (1A)  *\[Section 29 Subsection (1A) inserted by No. 94 of 1975, s. 22 \]*Where such a certificate or record as is referred to in [subsection (1)](#GS29@Gs1@EN) is endorsed with a certificate of service purporting to be signed by a person by whom a copy of that certificate or record was served, that certificate of service is *prima facie* evidence of the particulars stated therein. > > > (1B)  [*\[Section 29 Subsection (1B) inserted by No. 38 of 2017, s. 51, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS51@Hpb@EN) A certificate of service referred to in [subsection (1A)](#GS29@Gs1A@EN) may relate to more than one certificate or document referred to in [subsection (1)](#GS29@Gs1@EN) . > > > (2)  *\[Section 29 Subsection (2) substituted by No. 91 of 1982, s. 15 \]**\[Section 29 Subsection (2) amended by No. 27 of 1991, s. 5 and Sched. 1 \]*Subject to this section, a certificate or record referred to in [subsection (1)](#GS29@Gs1@EN) may be tendered in evidence in proceedings to which this Division applies whether or not the person by whom the certificate or record was signed or made, or any person who, under the supervision of that first-mentioned person, was involved with the analysis to which the certificate or record relates is called as a witness in those proceedings. > > > (2A)  *\[Section 29 Subsection (2A) inserted by No. 91 of 1982, s. 15 \]**\[Section 29 Subsection (2A) amended by No. 27 of 1991, s. 5 and Sched. 1 \]*Where a person by whom a certificate or record referred to in [subsection (1)](#GS29@Gs1@EN) was signed or made, or any person who, under the supervision of that first-mentioned person, was involved with the analysis to which the certificate or record relates is called by the defendant as a witness in proceedings to which this Division applies, that person may be cross-examined by the defendant as to the facts or matters set out in that certificate or record. > > > (3)  In any proceedings to which this Division applies no evidence shall be given by or on behalf of any person of the result of the analysis of a sample of his blood that was taken otherwise than in pursuance of a request or direction made under this Act unless, at least 4 days, or such lesser period as the court may approve, before the hearing, notice has been given in writing to the prosecutor or his agent stating the intention to give that evidence. > > > (4)  [*\[Section 29 Subsection (4) inserted by No. 38 of 2017, s. 51, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS51@Hpc@EN) For the purposes of this section, *service* has the same meaning as in the [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) .