41 Evidentiary certificate—alcohol-related tests
(1) In any proceedings in a court—
(a) a certificate purporting to be signed by a police officer and
stating—
(i) that the police officer was on a specified date an authorised
operator; and
(ii) that, at a place and at a time and on a date specified in the
certificate a person named in the certificate was required
by a specified officer to provide a sample of the person’s
breath for breath analysis by a breath analysis instrument;
and
(iii) the instrument used in the analysis, by reference to its
model number, patent number and serial number; and
(iv) that the breath analysis instrument was in proper working
order; and
(v) the procedures followed and precautions taken
immediately before the breath analysis, during the breath
analysis and immediately after the completion of the breath
(vi) that the person named in the certificate provided a sample
of the person’s breath for analysis in accordance with the
directions of the police officer who made the requirement;
and
(vii) the steps that were taken to ensure that it was not readily
apparent to members of the public that the breath analysis
was being carried out; and
Evidence—alcohol-related tests Division 7.1
(viii) that, in following such of those procedures in relation to
which a regulation makes provision that specified results
are to be obtained, the results specified in the certificate
were obtained; and
(ix) that the figure recorded or shown by the breath analysis
instrument as the result of the analysis was a specified
figure or was not less than a specified figure and not more
than another specified figure, as the case requires; and
(x) that, as soon as practicable after the breath analysis was
carried out, the police officer signed and gave to the person
referred to in paragraph (a) (ii) a statement as required by
section 12 (5);
is evidence of the matters stated in the certificate; and
(b) a certificate purporting to be signed by a police officer and
stating—
(i) that the police officer was on a specified date an authorised
operator; and
(ii) that, at a place and time and on a date specified in the
certificate, a person named in the certificate was required
by a specified police officer to provide a sample of the
person’s breath for breath analysis by a breath analysis
instrument; and
(iii) the instrument available for the purpose of the analysis, by
reference to its model number, patent number and serial
number; and
(iv) that the breath analysis instrument was in proper working
order; and
(v) the procedures followed immediately before the person
was required to provide a sample of the person’s breath for
the breath analysis and the results obtained in following
those procedures; and
(vi) that the person referred to refused or failed to provide a
sample of the person’s breath for analysis;
is evidence of the matters stated in the certificate; and
(c) a written statement mentioned in section 12 (5) that is a print-out
from a breath analysis instrument is evidence of the matters
stated in the statement; and
(d) a certificate that appears to be signed by a person who is a doctor
or nurse and states the following is evidence of the matter:
(i) that the person is a doctor or nurse;
(ii) that the person took a sample of blood or other body sample
from a person mentioned in the certificate (the relevant
person) on a stated day, at a stated time, in a stated place;
(iii) that the person placed the sample of blood or other body
sample into a container;
(iv) that the person attached a label to the container that
contained the following information:
(A) the person’s name;
(B) the relevant person’s name;
(C) the date and time the sample was taken;
(v) that the person sealed the container with a tamper-evident
seal that had a stated unique identifying number marked on
it;
(vi) that the person placed the sealed container into a one-way
box;
(vii) if the sample was taken under section 15 or
section 15AA—that, when the sample was taken, the
relevant person was unconscious or the person was of the
opinion that the relevant person was incapable of giving or
refusing permission to take a sample of blood; and
Evidence—alcohol-related tests Division 7.1
(e) a certificate purporting to be signed by a doctor or nurse
practitioner stating all of the following is evidence of the matters
stated in the certificate:
(i) that they are a doctor or nurse practitioner;
(ii) that at a stated hospital, on a stated date and at a stated time,
the doctor or nurse practitioner was attending the person
named in the certificate;
(iii) that the doctor or nurse practitioner was told by a police
officer that the police officer intended to require a person
to—
(A) undergo an alcohol screening test under division 2.2
(Alcohol—screening tests); or
(B) provide a sample of the person’s breath for analysis
under section 12 (Breath analysis);
(iv) when told, the doctor or nurse practitioner was of the
opinion that—
(A) complying with the requirement would be prejudicial
to the proper care and treatment of the person or
dangerous to the person’s health; or
(B) complying with the requirement would not be
prejudicial to the proper care and treatment of the
person or dangerous to the person’s health; and
(f) a certificate that appears to be a certificate mentioned in the
Road Transport Act 2013 (NSW), schedule 3, clause 36 is
evidence of the matters stated in the certificate; and
(g) a certificate that appears to be signed by a person who is an
analyst and states the following is evidence of the matter:
(i) that the person is an analyst;
(ii) that a blood sample or other body sample (the analysed
sample) was analysed at an approved laboratory;
(iii) that the analysed sample was in a container—
(A) labelled in accordance with section 15 (7) (Taking
blood samples from people in custody),
section 15AA (4) (Taking blood samples from people
in hospital) or section 16 (7) (Medical examination—
offence against s 24 or culpable driving); and
(B) sealed with a tamper-evident seal marked with a
stated unique identifying number;
(iv) that the tamper-evident seal did not appear to have been
(v) the analysis to which the analysed sample was subjected;
(vi) the result of the analysis;
(vii) that the analysis was accurate; and
(h) a certificate expressed to be given for this paragraph, purporting
to be signed by a person specified or described in a regulation
and containing statements in relation to matters permitted by a
regulation to be stated in such a certificate is evidence of matters
stated in the certificate.
(2) A certificate expressed to be given for a paragraph of this section is
not inadmissible only because of the fact that the certificate relates to
1, or some only, of the matters mentioned in that paragraph.
41AA Evidentiary certificates—drug-related tests
(1) A certificate that appears to be signed by a police officer and states a
matter relevant to any of the following is evidence of the matter:
(a) that the police officer was on a stated date an authorised
operator;
(b) that, at a place and at a time and on a date stated in the certificate,
a person named in the certificate was required by a stated police
officer to provide a sample of the person’s oral fluid for analysis
by an oral fluid analysis instrument;
(c) the instrument used in the analysis, by reference to its model
number, patent number and serial number;
(d) that the oral fluid analysis instrument was in proper working
order;
(e) the procedures followed and precautions taken immediately
before the oral fluid analysis, during the oral fluid analysis and
immediately after the completion of the oral fluid analysis;
(f) that the person named in the certificate provided a sample of the
person’s oral fluid for analysis in accordance with the directions
of the police officer who made the requirement;
(g) the steps that were taken to ensure that it was not readily
apparent to members of the public that the oral fluid analysis
was being carried out;
(h) that, in following the procedures for which a regulation makes
provision that stated results are to be obtained, the results stated
in the certificate were obtained;
(i) that, as soon as practicable after the oral fluid analysis was
carried out, the police officer signed and gave to the person
mentioned in paragraph (b) the statement required by
section 13E (6).
(2) A certificate that appears to be signed by a police officer and states a
matter relevant to any of the following is evidence of the matter:
(a) that the police officer was on a stated date an authorised
operator;
(b) that, at a place and at a time and on a date stated in the certificate,
a person named in the certificate was required by a stated police
officer to provide a sample of the person’s oral fluid for analysis
by an oral fluid analysis instrument;
(c) the instrument available to be used in the analysis, by reference
to its model number, patent number and serial number;
(d) that the oral fluid analysis instrument was in proper working
order;
(e) the procedures followed immediately before the person was
required to provide a sample of the person’s oral fluid for
analysis and the results obtained in following those procedures;
(f) that the person—
(i) was unable to provide a sufficient sample of the person’s
oral fluid for analysis; or
(ii) failed to provide a sample of the person’s oral fluid for
analysis.
(3) A written statement mentioned in section 13E (6) that is a print-out
from an oral fluid analysis instrument is evidence of the matters stated
in the print-out.
(4) A certificate that appears to be signed by a person who is a doctor or
nurse practitioner and states any of the following is evidence of the
(a) that the person is a doctor or nurse practitioner;
(b) that, at a stated hospital, on a stated date and at a stated time, the
person was attending the person named in the certificate
(the relevant person);
(c) that the person was told by a police officer of the officer’s
intention to require the relevant person to—
(i) undergo a drug screening test under division 2.4
(Prescribed drugs—screening tests); or
(ii) provide a sample of the person’s oral fluid for analysis
under section 13E (Oral fluid—preliminary analysis);
(d) whether the person was of the opinion, at the time the person
was told, that complying with the requirement would, or would
not, be prejudicial to the proper care and treatment of the
relevant person or dangerous to the relevant person’s health.
(5) A certificate that appears to be signed by a person who is a doctor or
nurse (a sample taker) and states a matter relevant to any of the
following is evidence of the matter:
(a) that the person is a doctor or nurse;
(b) that the sample taker attended a person mentioned in the
certificate (the relevant person) on a stated day, at a stated time,
in a stated hospital or sampling facility;
(c) if the relevant person is a person mentioned in section 15 (1)
(Taking blood samples from people in custody)—that a police
officer has asked the sample taker to take a sample of the
person’s blood;
(d) that the sample taker took a sample of blood from the relevant
person;
(e) that the sample taker placed the blood sample into a container;
(f) that the sample taker attached a label to the container that
contained the following information:
(ii) the relevant person’s name;
(iii) the date and time the blood sample was taken;
(g) that the sample taker sealed the container with a tamper-evident
seal that had a stated unique identifying number marked on it;
(h) that the sample taker placed the sealed container into a one-way
box;
(i) if the sample was taken under section 15—that, when the sample
was taken, the relevant person was unconscious or the sample
taker was of the opinion that the relevant person was incapable
of giving or refusing permission to take a sample of blood.
41AB Evidentiary certificate—analysis of oral fluid sample
A certificate that appears to be signed by a person who is an analyst
and states a matter relevant to any of the following is evidence of the
(a) that the person is an analyst;
(b) that the person arranged for a sample of oral fluid (the analysed
sample) to be analysed at an approved laboratory;
(c) that the analysed sample was—
(i) labelled in accordance section 13E (5) (b) (Oral fluid—
preliminary analysis); and
(ii) sealed with a tamper-evident seal marked with a stated
unique identifying number;
(d) that the tamper-evident seal did not appear to have been
(e) the analysis to which the analysed sample was subjected;
(f) the result of the analysis;
(g) that the analysis was accurate.
41AC Evidentiary certificate—blood sample not taken
A certificate that appears to be signed by a person who is a doctor or
nurse (a sample taker) and states a matter relevant to any of the
following is evidence of the matter:
(a) that the person is a doctor or nurse;
(b) that the sample taker attended a person mentioned in the
certificate (the relevant person) on a stated day, at a stated time,
in a stated hospital or sampling facility;
(c) if the relevant person is a person mentioned in section 15
(Taking blood samples from people in custody)—that a police
officer had asked the sample taker to take a sample of the
person’s blood;
(d) if the relevant person is a person mentioned in section 15AA
(Taking blood samples from people in hospital)—that the
sample taker believed that the relevant person—
(i) was involved in an accident and had attended the hospital
for examination or treatment because of the accident; and
(ii) the accident had happened not longer than 6 hours before
the relevant person arrived at the hospital;
(e) whether the sample taker was of the opinion that—
(i) taking the sample would, or would not, be prejudicial to the
proper care and treatment of the relevant person or
dangerous to the relevant person’s health; or
(ii) a sample of blood had, or had not, been taken from the
relevant person since the accident mentioned in section 15
or section 15AA.
41AD Evidentiary certificate—analysis of sample for prescribed
drug etc
A certificate that appears to be signed by a person who is an analyst
and states a matter relevant to any of the following is evidence of the
(a) that the person is an analyst;
(b) that the analyst arranged for a blood sample or body sample
(the analysed sample) to be analysed at an approved laboratory
to work out whether a prescribed drug, or a drug other than a
prescribed drug, or alcohol was present in the sample, in
accordance with a request made by a police officer;
(c) that the analysed sample was in a container—
(i) labelled in accordance with section 15 (7) (Taking blood
samples from people in custody), section 15AA (4)
(Taking blood samples from people in hospital) or
section 16 (7) (Medical examination—offence against s 24
or culpable driving); and
(ii) sealed with a tamper-evident seal marked with a stated
unique identifying number;
(d) that the tamper-evident seal did not appear to have been
(e) the analysis to which the analysed sample was subjected;
(f) the result of the analysis;
(g) that the analysis was accurate.
41AE NSW evidentiary certificates—drug-related tests
A certificate that appears to be a certificate mentioned in the Road
Transport Act 2013 (NSW), schedule 3, clause 36 is evidence of the
matters stated in the certificate.