Sch 1makes further provision regulating oral fluid and blood sample processes for the purposes of this Division.

Schedule 1 makes further provision regulating oral fluid and blood sample processes for the purposes of this Division. 47GA—Breath analysis where drinking occurs after driving (1) This section applies to proceedings for an offence against section 47(1), 47(1a), 47B(1) or 47B(1a) in which the results of a breath analysis under this Act are relied on to establish the commission of the offence. (2) If in proceedings to which this section applies the defendant satisfies the court— (a) that the defendant consumed alcohol during the relevant period; and (b) that the alcohol was not consumed by the defendant after a police officer first exercised powers under section 47E preliminary to the performance of the breath analysis; and (c) if the requirement to submit to the breath analysis was made after the defendant's involvement as a driver in an accident—that the defendant discharged the duties required under section 43 and any other duties under this Act required to be discharged at the scene of an accident by a driver of a vehicle involved in the accident; and (d) that, after taking into account the quantity of alcohol consumed by the defendant during the relevant period and its likely effect on the concentration of alcohol indicated as being present in the defendant's blood by the breath analysis, the defendant should not be found guilty of the offence charged or, in the case of an offence against section 47B, should be found guilty of an offence of a less serious category, the court may, despite the other provisions of this Act, find the defendant not guilty of the offence charged or guilty of an offence of a less serious category. (3) In subsection (2)— relevant period means the period— (a) commencing when 3 hours have elapsed since the conduct of the defendant giving rise to the making of the requirement under section 47E(1) that the defendant submit to the breath analysis; and (b) ending when the performance of the breath analysis commences. 47GB—Oral fluid analysis or blood test where consumption of prescribed drug occurs after driving (1) This section applies to proceedings for an offence against section 47(1), 47(1a), 47BA(1) or 47BA(1a) in which the results of an oral fluid analysis or blood test under section 47EAA are relied on to establish the commission of the offence. (2) If in proceedings to which this section applies the defendant satisfies the court— (a) that the defendant consumed the prescribed drug during the relevant period; and (b) that the prescribed drug was not consumed by the defendant after a police officer first exercised powers under section 47E preliminary to the performance of the alcotest or breath analysis referred to in section 47EAA; and (c) where the requirement to submit to the alcotest or breath analysis referred to in section 47EAA was made after the defendant's involvement as a driver in an accident—that the defendant discharged the duties required under section 43 and any other duties under this Act required to be discharged at the scene of an accident by a driver of a vehicle involved in the accident, the court may, despite the other provisions of this Act, find the defendant not guilty of the offence charged. (3) In subsection (2)— relevant period means the period— (a) commencing when 3 hours have elapsed since the conduct of the defendant giving rise to the making of the requirement referred to in section 47EAA that the defendant submit to the alcotest or breath analysis; and (b) ending when the performance of the oral fluid analysis or blood test (as the case may be) commences. 47H—Approval of apparatus and kits for breath analysis etc The Governor may, by regulation, for the purposes of this Act— (a) approve apparatus of a prescribed kind as breath analysing instruments; or (b) approve apparatus of a prescribed kind for the purpose of conducting alcotests; or (c) approve apparatus of a prescribed kind for the purpose of conducting drug screening tests; or (d) declare a kit of a prescribed kind to be an approved blood test kit. 47I—Compulsory blood tests (1) If a motor vehicle is involved in an accident and, within 8 hours after the accident, a person apparently of or above the age of 10 years who suffered injury in the accident attends at, or is admitted into, a hospital for the purpose of receiving treatment for that injury, it is, subject to Schedule 1, the duty of the medical practitioner by whom that patient is attended to ensure that, as soon as practicable, a sample of that patient's blood (despite the fact that the patient may be unconscious), is taken in accordance with this section. (2) If a motor vehicle is involved in an accident and a person apparently of or above the age of 10 years who suffered injury in the accident is dead on arrival at the hospital, or dies before a sample of blood has been taken in accordance with this section and within 8 hours after admission to the hospital, it is the duty of the medical practitioner who, under Part 5 of the Coroners Act 2003, notifies the State Coroner or a police officer of the death— (a) to ensure that a sample of blood from the body of the deceased is taken in accordance with this section; or (b) to notify the State Coroner as soon as practicable that, in view of the circumstances in which the death of the deceased occurred, a sample of blood should be taken from the body under this section. (3) A sample of blood under subsection (1) or (2) may be taken by a medical practitioner or a registered nurse. (4) The State Coroner, on receiving a notification under subsection (2), may authorise and direct a pathologist to take a sample of blood from the body of the deceased in accordance with this section. (7) If— (a) a motor vehicle is involved in an accident; and (b) a child under the age of 16 years was present in or on the vehicle at the time of the accident; and (c) the person who was driving the vehicle at the time of the accident refuses or fails to comply with a request that the person submit to the taking of a sample of blood under this section; and (d) the person— (i) fails to assign any reason based on genuine medical grounds for that refusal or failure; or (ii) assigns a reason for that refusal or failure that is false or misleading; or (iii) makes any other false or misleading statement in response to the request, the person is guilty of an offence. (a) for a first offence—a fine of not less than $1 100 and not more than $1 600; (b) for a subsequent offence—a fine of not less than $1 900 and not more than $2 900. (8) If a person is charged with an offence against subsection (7) but the court is not satisfied that an offence against that subsection has been established beyond reasonable doubt, the person may be convicted, on that charge, of an offence against subsection (14) if the court is satisfied that an offence against subsection (14) has been so established. (9) If a court convicts a person of an offence against subsection (7), the provisions of subsection (14a) apply. (14) A person who, on being requested to submit to the taking of a sample of blood under this section, refuses or fails to comply with that request and who— (a) fails to assign any reason based on genuine medical grounds for that refusal or failure; or (b) assigns a reason for that refusal or failure that is false or misleading; or (c) makes any other false or misleading statement in response to the request, (a) if the convicted person was the driver of a motor vehicle involved in the accident— (i) for a first offence—a fine of not less than $1 100 and not more than $1 600; (ii) for a subsequent offence—a fine of not less than $1 900 and not more than $2 900; (b) in any other case—$500. (14a) If a court convicts a person of an offence against subsection (14) in which the person was the driver of a motor vehicle involved in the accident, the following provisions apply: (i) in the case of a first offence—for such period, being not less than twelve months, as the court thinks fit; or (b) the disqualification prescribed by paragraph (a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence unless, in the case of a first offence, the court is satisfied, by evidence given on oath, that the offence is trifling, in which case the court may order a period of disqualification that is less than the prescribed minimum period but not less than one month; (d) if the person is the holder of a driver's licence—the disqualification operates to cancel the licence as from the commencement of the period of disqualification; (e) the court may, if it thinks fit to do so, order that conditions imposed by section 81A or 81AB of the Motor Vehicles Act 1959 on any driver's licence issued to the person after the period of disqualification be effective for a period greater than the period prescribed by that section. (14b) In determining whether an offence is a first or subsequent offence for the purposes of this section, any previous drink driving offence or drug driving offence for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the prescribed period immediately preceding the date on which the offence under consideration was committed. (19) In this section— hospital means any institution at which medical care or attention is provided for injured persons, declared by regulation to be a hospital for the purposes of this section. 47IAA—Power of police to impose immediate licence disqualification or suspension (1) This section applies to the following offences: (a) a category 2 offence; (b) a category 3 offence; (ba) an offence against section 46; (bb) an offence against section 47BA(1) or (1a); (c) an offence against section 47E(3) or (3a); (ca) an offence against section 47EAA(9) or (9a); (cb) an offence against section 47I(7); (d) an offence against section 47I(14) committed by a person who was the driver of a motor vehicle involved in the accident. (2) Subject to this section, a police officer may give a person a notice of immediate licence disqualification or suspension that includes the prescribed particulars if— (a) the police officer reasonably suspects that the person has committed an offence against section 47BA(1) or (1a); or (b) the police officer reasonably believes that the person has committed an offence (other than an offence against section 47BA(1) or (1a)) to which this section applies. (3) The notice must specify the offence to which the notice relates. (4) If a person is given a notice of immediate licence disqualification or suspension under subsection (2)— (a) in the case of a person who does not hold a driver's licence—the person is disqualified from holding or obtaining a driver's licence for the relevant period; or (b) in the case of a person who holds a driver's licence—the person's driver's licence is suspended for the relevant period. (5) The Commissioner of Police must ensure that prescribed particulars of a notice of immediate licence disqualification or suspension given to a person under this section are forwarded to the Registrar of Motor Vehicles. (6) The Registrar of Motor Vehicles must, on receiving particulars of a notice of immediate licence disqualification or suspension from the Commissioner of Police, send, by post, a notice to the person of the name and address specified by the Commissioner containing the prescribed particulars of the notice of immediate licence disqualification or suspension. (7) The operation of a notice of immediate licence disqualification or suspension is not affected by any failure to comply with subsection (6). (7a) If a person is given a notice of immediate licence disqualification or suspension under this section, the Commissioner of Police must ensure— (a) that a determination is made, within a reasonable time, as to whether to charge the person with an offence to which this section applies; and (b) if a determination is made that the person should not be charged with any offence to which this section applies, that the person is given, or sent by post, written notice of that determination. (7b) The laying of charges against a person is not prevented by a failure to comply with subsection (7a) in relation to the person or by the making of a determination referred to in that subsection or the notification of such a determination. (7c) Subject to the making of an order under section 47IAB(2)(a)(ii), the operation of a notice of immediate licence disqualification or suspension is not affected by any failure to comply with subsection (7a). (8) If the person is not charged with the offence specified in the notice as the offence to which the notice relates but is charged with another offence to which this section applies arising out of the same course of conduct, that offence will then be taken to be the offence to which the notice relates. (9) If— (a) a period of licence disqualification or suspension has applied to a person as a result of the person having been given a notice of immediate licence disqualification or suspension under this section; and (b) a court convicts the person of the offence to which the notice relates or another offence arising out of the same course of conduct; and (c) a mandatory minimum period of disqualification would (apart from this subsection) be required to be imposed for the offence, (d) the court must order that the person be disqualified from holding or obtaining a driver's licence for a period determined by the court (and if the person is the holder of a driver's licence, the disqualification operates to cancel the licence from the commencement of that period); and (e) despite any other provision of this or any other Act, the court must, in determining the period, take into account the period of licence disqualification or suspension that has applied to the person as a result of the notice and may for that purpose— (i) if the relevant period of licence disqualification or suspension under the notice has not ended, order that the period imposed be taken to have commenced on the day on which the relevant period commenced (provided that the period imposed is not less than the mandatory minimum period of disqualification); or (ii) if the relevant period of licence disqualification or suspension under the notice has ended, impose a period that is less than the mandatory period of disqualification (provided that the period imposed is not less than the difference between the mandatory minimum period of disqualification and the period that has applied as a result of the notice), and if the person is the holder of a driver's licence, the licence will be taken to have been cancelled— (iii) where subparagraph (i) applies—from the day on which the order of the court is made; or (iv) where subparagraph (ii) applies—from the commencement of the period of disqualification ordered by the court. (10) Subject to subsection (11), no compensation is payable by the Crown or a police officer in respect of the exercise, or purported exercise, of powers under this section. (11) Subsection (10) does not protect a police officer from liability in respect of the exercise, or purported exercise, of powers otherwise than in good faith. (12) For the purposes of this section— (i) in the case of a notice of immediate licence disqualification or suspension for an offence against section 47BA(1) or (1a)—at the time at which the person is given the notice of immediate licence disqualification or suspension or, if a police officer referred to in subsection (2) is satisfied that, in the circumstances, it would be appropriate to postpone the commencement of the relevant period and the notice indicates that the commencement is to be postponed, 28 days after the time at which the person is given the notice; or (ii) in any other case—at the time at which the person is given the notice of immediate licence disqualification or suspension or, if the police officer giving the notice is satisfied that, in the circumstances, it would be appropriate to postpone the commencement of the relevant period and indicates in the notice that the commencement is to be postponed, 48 hours after the time at which the person is given the notice; and (i) if the Magistrates Court, on application under section 47IAB, makes an order that the person given the notice is not disqualified, or that the driver's licence held by the person is not suspended, by the notice; or (ii) if the Magistrates Court reduces the period of disqualification or suspension on application under section 47IAB, when that period ends; or (iia) if the person given the notice is notified in writing by or on behalf of the Commissioner of Police (whether that notification is given personally or by post) that the person is not to be charged with any offence to which this section applies arising out of the course of conduct to which the notice of immediate licence disqualification or suspension relates; or (iii) if proceedings for the offence to which the notice relates are determined by a court or are withdrawn or otherwise discontinued; or (iv) in any event— (A) if the offence to which the notice relates is a category 2 offence or an offence against section 47EAA(9) or (9a)—at the end of 6 months from the commencement of the relevant period; or (AB) if the offence to which the notice relates is an offence against section 47BA(1) or (1a)—at the end of 3 months from the commencement of the relevant period; or (B) in any other case—at the end of 12 months from the commencement of the relevant period. (14) The Commissioner of Police must establish procedures to be followed by police officers giving notices of immediate licence disqualification or suspension under this section for the purpose of determining whether the commencement of the relevant period should be postponed under subsection (12)(a)(i) or (ii). (15) A regulation made before the commencement of this subsection prescribing the form of a notice of immediate licence disqualification or suspension under this section or varying such a form is declared to be, and to have always been, valid. (16) A notice given to a person by a police officer before the commencement of this subsection that purported to be a notice of immediate licence disqualification or suspension under this section is declared to be, and to have always been, valid if the notice was completed in the prescribed form and was given in the circumstances specified in subsection (2). (17) The following provisions apply in relation to a prescribed notice: (a) if the notice specified that the person was alleged to have had a blood alcohol concentration of 0.08 - 0.149, the notice will be taken to have specified that the person was alleged to have committed a category 2 offence; (b) if the notice specified that the person was alleged to have had a blood alcohol concentration of or above 0.15, the notice will be taken to have specified that the person was alleged to have committed a category 3 offence; (c) the relevant period under such a notice will be taken to have ended on 26 June 2006 (unless the period ended before that date in accordance with subsection (12)). (18) For the purposes of subsection (17)— prescribed notice means a notice that purported to be a notice of immediate licence disqualification or suspension under this section and that was given to a person before 27 June 2006, other than a notice that specified, as the offence to which the notice relates, an offence described in subsection (1)(c) or (d). (19) If the Commissioner of Police is satisfied that a notice of immediate licence disqualification or suspension under this section should not have been given because— (20) A withdrawal referred to in subsection (19) is effected by giving notice of the withdrawal, in a manner and form determined by the Commissioner, to the person to whom the notice of immediate licence disqualification or suspension was given. (21) The notice of withdrawal must specify the reason for withdrawal. (22) If a notice of immediate licence disqualification or suspension under this section is withdrawn, the Commissioner of Police may, if satisfied that there are proper grounds to give a fresh notice of immediate licence disqualification or suspension to any person, give such a notice. 47IAB—Application to Court to have disqualification or suspension lifted (1) A person who has been given a notice of licence disqualification or suspension under section 45B(1)(b) or immediate licence disqualification or suspension under section 47IAA or has been sent particulars of such a notice by the Registrar of Motor Vehicles may apply to the Magistrates Court for an order— (a) that the person is not disqualified, or the person's driver's licence is not suspended, by the notice; or (b) reducing the period of disqualification or suspension applicable under the notice. (2) The Magistrates Court may, on an application under subsection (1), make an order— (a) that the person is not disqualified, or the person's driver's licence is not suspended, by the notice if— (i) the Court is satisfied, on the basis of oral evidence given on oath by the applicant that there is a reasonable prospect that the applicant would, in proceedings for the offence to which the notice relates, be acquitted of the offence and the evidence before the Court does not suggest that the applicant may be guilty of— (A) in the case of a notice of immediate licence disqualification or suspension under section 47IAA—another offence to which section 47IAA applies; or (B) in the case of a notice of licence disqualification or suspension under section 45B(1)(b)—an offence to which section 47IAA applies; or (ii) the Court is satisfied that the person has not been charged with any offence to which section 47IAA applies or an offence against section 45A and that the prosecution authorities have had a reasonable time, in the circumstances, within which to make a determination as to the laying of charges against the person; or (b) reducing the period of disqualification or suspension applicable under the notice if— (i) the offence to which the notice relates is a category 2 or category 3 offence that is a first offence and the Court is satisfied, on the basis of oral evidence given on oath by the applicant, that there is a reasonable prospect that the applicant might, in proceedings for the offence to which the notice relates, successfully argue that the offence was trifling (in which case the Court must order that the period of disqualification or suspension be reduced to a period of 1 month); or (ii) the offence to which the notice relates is a category 3 offence and the Court is satisfied, on the basis of oral evidence given on oath by the applicant, that there is a reasonable prospect that the applicant would, in proceedings for the offence to which the notice relates, be acquitted of the offence but the evidence before the Court suggests that the applicant may be guilty of a category 2 offence (in which case the Court must order that the period be reduced to a period of 6 months). (3) The application must be commenced by lodging written application with the Magistrates Court, in the form prescribed by rules of the Court, setting out the grounds on which the application is made and particulars of the evidence that will be relied on by the applicant. (4) The Commissioner of Police— (a) must be served, by an applicant for an order under this section, with a copy of the application as soon as practicable after the application is made; and (b) is a party to the application; and (c) may (but is not required to) appear at the hearing represented by legal counsel or a police officer. (4a) Any legal counsel or police officer representing the Commissioner of Police at the hearing may make submissions in relation to the application but is not entitled to cross-examine the applicant. (5) If the Commissioner of Police does not appear at the hearing, the clerk of the Court must notify the Commissioner of Police, in writing, of the date on which the application was determined and the nature and effect of any order made in relation to the application. 47IA—Certain offenders to attend lectures (1) If the court before which a person is charged with a prescribed first or second offence convicts the person of the offence, or finds that the charge is proved but does not proceed to conviction, the court must, unless proper cause for not doing so is shown, order the person to attend, within a period fixed by the court being not more than six months from the making of the order, a lecture conducted in accordance with the regulations. (2) A person must not fail, without reasonable excuse, to comply with an order under subsection (1). Maximum penalty: $250. prescribed first or second offence means an offence against section 47(1), 47B(1), 47E(3) or 47I(14), being an offence that is, within the meaning of that section, a first or second offence against that section. (4) A certificate purporting to be signed by the Commissioner of Police and to certify that a person named in the certificate failed to comply with an order under subsection (1) is, in the absence of proof to the contrary, proof of the matter so certified. 47J—Recurrent offenders (1) If a person— (a) is convicted of a prescribed offence that was committed in Metropolitan Adelaide before the prescribed day; and (b) has previously been convicted of a prescribed offence committed within three years before the date of the later offence, the court before which the person is convicted of the later offence must, before imposing any penalty, order the person to attend an assessment clinic, at a time or over a period specified by the court, for the purpose of submitting to an examination to determine whether the person is dependent on alcohol or drugs, or both. (2) The superintendent of the assessment clinic must, as soon as practicable after an examination of a convicted person has been completed under this section, furnish a report on the examination to the court by which the examination was ordered, and send a copy of the report to the convicted person. (3) Before the court imposes any sentence on the convicted person, it must allow that person a reasonable opportunity to call or give evidence as to any matter contained in the report. (4) If— (a) the court is satisfied, on the report of the superintendent of an assessment clinic, that a convicted person is dependent on alcohol or drugs; or (b) the convicted person fails to comply with an order under subsection (1) or to submit to the examination to which the order relates, the court must, despite any other provision of this Act, order that the convicted person be disqualified from holding or obtaining a driver's licence until further order. (4a) A court that convicts a person of a prescribed offence and makes an order under subsection (4) must also determine a period, being not less than 6 months, that must elapse before the person may make an application for revocation of the disqualification (and the court must, in determining the length of such period, have regard to the minimum period of disqualification applicable to the offence and the effect (if any) of section 45B(7) or 47IAA(9) on that period). (5) A person who is disqualified from holding or obtaining a driver's licence under this section may, at any time after the period determined by the court in accordance with subsection (4a) has elapsed, apply to a court of summary jurisdiction for the revocation of the disqualification. (7) Before an application under subsection (5) is heard by the court, the applicant must attend an assessment clinic and submit to such examination as may be directed by the superintendent of the clinic. (8) The superintendent of an assessment clinic must furnish a report on an examination conducted under subsection (7) to the court, and send a copy of the report to the applicant. (9) If the court is satisfied, on an application under subsection (5)— (a) that the applicant is no longer dependent on alcohol or drugs; or (b) that there is other proper cause for revocation of the disqualification, it may order that the disqualification be revoked. (10) On revoking a disqualification under subsection (9), the court may order that a driver's licence issued to the applicant be subject to such conditions as the court thinks desirable to protect the safety of the public. (11) In any proceedings to which this section relates, an apparently genuine document purporting to be a report of the superintendent of an assessment clinic is admissible in evidence without further proof. (12) In this section— assessment clinic means a place approved as an assessment clinic for the purposes of this section by the Minister to whom the administration of the Health Care Act 2008 is committed; prescribed day means a day prescribed by the regulations for the purposes of this section; prescribed offence means an offence against section 47(1), 47B(1), 47E(3) or 47I(14), but does not include an offence against section 47B(1) that is a category 1 offence. 47K—Evidence (1) Without affecting the admissibility of evidence that might be given otherwise than under this section, evidence may be given, in any proceedings for an offence, of the concentration of alcohol indicated as being present in the blood of the defendant by a breath analysing instrument operated by a person authorised to operate the instrument by the Commissioner of Police and, where the requirements and procedures in relation to breath analysing instruments and breath analysis under this Act, including subsections (2) and (2a), have been complied with, it must be presumed, in the absence of proof to the contrary, that the concentration of alcohol so indicated was present in the blood of the defendant at the time of the analysis and throughout the preceding period of 3 hours. (1a) No evidence can be adduced in rebuttal of the presumption created by subsection (1) except— (a) evidence of the concentration of alcohol in the blood of the defendant as indicated by analysis of a sample of blood taken and dealt with in accordance with section 47I and Schedule 1 or in accordance with the procedures prescribed by regulation; and (b) evidence as to whether the results of analysis of the sample of blood demonstrate that the breath analysing instrument gave an exaggerated reading of the concentration of alcohol present in the blood of the defendant. (1ab) If, in any proceedings for an offence, it is proved— (a) that the defendant drove a vehicle, or attempted to put a vehicle in motion; and (b) that a concentration of alcohol was present in the defendant's blood at the time of a breath analysis performed within the period of 3 hours immediately following the conduct referred to in paragraph (a), it must be conclusively presumed that that concentration of alcohol was present in the defendant's blood at the time of the conduct referred to in paragraph (a). (1b) No evidence can be adduced as to a breath or blood alcohol reading obtained from a coin-operated breath testing or breath analysing machine installed in any hotel or other licensed premises. (2) As soon as practicable after a person has submitted to an analysis of breath by means of a breath analysing instrument, the person operating the instrument must deliver to the person whose breath has been analysed a statement in writing specifying— (a) the reading produced by the breath analysing instrument; and (b) the date and time of the analysis. (2a) If a person has submitted to an analysis of breath by means of a breath analysing instrument and the concentration of alcohol indicated as being present in the blood of that person by the breath analysing instrument is the prescribed concentration of alcohol, the person operating the instrument must forthwith— (a) give the person the prescribed oral advice and deliver to the person the prescribed written notice as to the operation of this Act in relation to the results of the breath analysis and as to the procedures prescribed for the taking and analysis of a sample of the person's blood; and (b) at the request of the person made in accordance with the regulations, deliver an approved blood test kit to the person. (3) A certificate— (a) purporting to be signed by the Commissioner of Police and to certify that a person named in the certificate is authorised by the Commissioner of Police to operate breath analysing instruments; or (b) purporting to be signed by a person authorised under subsection (1) and to certify that— (i) a breath analysing instrument used by the person was in proper order and was properly operated; and (ii) the provisions of this Act with respect to breath analysing instruments and the manner in which an analysis of breath by means of a breath analysing instrument is to be conducted were complied with, (3a) A certificate purporting to be signed by a police officer and to certify that— (a) a sample of oral fluid for the purposes of an oral fluid analysis was taken on a specified day and at a specified time from a person named in the certificate; and (b) the provisions of this Act with respect to the taking of samples of oral fluid for such purposes were complied with, (3b) A certificate purporting to be signed by a police officer and to certify that a person named in the certificate submitted to an alcotest on a specified day and at a specified time and that the alcotest indicated that the prescribed concentration of alcohol may then have been present in the blood of that person is, in the absence of proof to the contrary, proof of the matters so certified. (3c) A certificate purporting to be signed by a police officer and to certify that a driver testing station had been established in accordance with section 47DA at a place and during a period referred to in the certificate is, in the absence of proof to the contrary, proof of the matters so certified. (4) Subject to subsection (17) a certificate purporting to be signed by an analyst, certifying as to the concentration of alcohol, or any drug, found in a specimen of blood identified in the certificate expressed in grams in 100 millilitres of blood is, in the absence of proof to the contrary, proof of the matters so certified. (5) Subject to subsection (17) a certificate purporting to be signed by a person authorised under subsection (1) and to certify that— (a) a person named in the certificate submitted to an analysis of breath by means of a breath analysing instrument on a day and at a time specified in the certificate; and (b) the breath analysing instrument produced a reading specified in the certificate; and (c) a statement in writing required by subsection (2) was delivered in accordance with that subsection, (7) A certificate purporting to be signed by a person authorised under subsection (1) and to certify— (a) that, on a date and at a time specified in the certificate, a person named in the certificate submitted to an analysis of breath by means of a breath analysing instrument; and (b) that the prescribed oral advice and the prescribed written notice were given and delivered to the person in accordance with subsection (2a)(a); and (c) that— (i) the person did not make a request for an approved blood test kit in accordance with the regulations; or (ii) at the request of the person, a kit that, from an examination of its markings, appeared to the person signing the certificate to be an approved blood test kit was delivered to the person in accordance with subsection (2a)(b), is, in the absence of proof to the contrary, proof that the requirements of subsection (2a) were complied with in relation to the person. (8) A prosecution for an offence will not fail because of a deficiency of a kit delivered to the defendant in purported compliance with subsection (2a)(b) and the presumption under subsection (1) will apply despite such a deficiency unless it is proved— (a) that the defendant delivered the kit unopened to a medical practitioner or registered nurse for use in taking a sample of the defendant's blood; and (b) by evidence of the medical practitioner or registered nurse, that the medical practitioner or registered nurse was, because of a deficiency of the kit, unable to comply with the prescribed procedures governing the manner in which a sample of a person's blood must be taken and dealt with for the purposes of subsection (1a). (9) A certificate purporting to be signed by an analyst and to certify that an oral fluid analysis was properly conducted is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matter so certified. (9a) A certificate purporting to be signed by a police officer and to certify that the apparatus used to conduct a drug screening test was in proper order and the drug screening test was properly conducted is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters so certified. (10) A certificate purporting to be signed by a police officer and to certify that a person named in the certificate submitted to a drug screening test on a specified day and at a specified time and that the drug screening test indicated that a prescribed drug may then have been present in the oral fluid of the person is, in the absence of proof to the contrary, proof of the matters so certified. (11) Subject to subsection (17), an apparently genuine document purporting to be a certificate under Schedule 1 and purporting to be signed by a police officer, medical practitioner, registered nurse or analyst, or copy of such a certificate, is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters stated in the certificate. (12) If a certificate of an analyst relating to a sample of blood taken under section 47E or 47I is received as evidence in proceedings before a court and states that the prescribed concentration of alcohol has been found to be present in the sample of blood to which the certificate relates, it will be presumed, in the absence of proof to the contrary, that the concentration of alcohol stated in the certificate was present in the sample when the sample was taken. (13) If it is proved by the prosecution in proceedings for an offence that a concentration of alcohol was present in the defendant's blood at the time at which a sample of blood was taken under section 47E or 47I, it will be conclusively presumed that that concentration of alcohol was present in the defendant's blood throughout the period of 3 hours immediately preceding the taking of the sample. (14) If a certificate of an analyst relating to a sample of oral fluid or blood taken under section 47EAA, or a sample of blood taken under section 47E or 47I, is received as evidence in proceedings before a court and states that a prescribed drug has been found to be present in the sample of oral fluid or blood to which the certificate relates, it will be presumed, in the absence of proof to the contrary, that the prescribed drug stated in the certificate was present in the sample when the sample was taken. (15) If it is proved by the prosecution in proceedings for an offence that a prescribed drug was present in the defendant's blood or oral fluid at the time at which a sample of oral fluid or blood was taken under section 47EAA, or a sample of blood was taken under section 47E or 47I, it will be conclusively presumed that that prescribed drug was present in the defendant's oral fluid or blood (as the case may require) throughout the period of 3 hours immediately preceding the taking of the sample. (16) If certificates of a police officer and analyst, or a medical practitioner and analyst, or a registered nurse and analyst, under Schedule 1 are received as evidence in proceedings before a court and contain the same identification number for the samples of oral fluid or blood to which they relate, the certificates will be presumed, in the absence of proof to the contrary, to relate to the same sample of oral fluid or blood. (17) A certificate referred to in subsection (4), (5) or (11) cannot be received as evidence in proceedings for an offence— (a) unless a copy of the certificate proposed to be put in evidence at the trial of a person for the offence has, not less than 7 days before the commencement of the trial, been served on that person; or (b) if the person on whom a copy of the certificate has been served under paragraph (a) has, not less than 2 days before the commencement of the trial, served written notice on the informant requiring the attendance at the trial of the person by whom the certificate was signed; or (c) if the court, in its discretion, requires the person by whom the certificate was signed to attend at the trial. (18) The provisions of this section apply in relation to proceedings for an offence against this Act or the Motor Vehicles Act 1959 or a driving‑related offence, subject to the following exceptions: (a) subsections (1a), (1ab) and (13) apply only in relation to proceedings for an offence against section 47(1), 47(1a), 47B(1) or 47B(1a), or an offence against the Motor Vehicles Act 1959; (b) subsection (3)(b)(i) does not apply in relation to an offence against section 47E(3) or (3a); (c) subsection (15) applies only in relation to proceedings for an offence against section 47(1), 47(1a), 47BA(1) or 47BA(1a), or an offence against the Motor Vehicles Act 1959. (19) In this section— proceedings for a driving-related offence means proceedings for an offence where the conduct with which the defendant is charged involves driving a vehicle or attempting to put a vehicle in motion.