43Oral evidence about part 7 certificate

43 Oral evidence about part 7 certificate (1) A person who has been charged with an offence against this Act may give written notice to the chief police officer that the person will require the attendance, for the purpose of giving evidence orally, at court on the hearing of the charge of each or any person by whom a certificate mentioned in division 7.1 (Evidence––alcohol-related tests) or division 7.2 (Evidence––drug-related tests) is given. (2) The notice may be given by posting it to the chief police officer, or leaving it for the chief police officer, at the chief police officer’s office— (a) for a certificate mentioned in division 7.1 (Evidence— alcohol-related tests)—not less than 7 days before the date fixed for the hearing of the charge; or (b) for a certificate mentioned in division 7.2 (Evidence— drug-related tests)—not less than 21 days before the date fixed for the hearing of the charge; or

(c) if the court orders a shorter period for service—not less than the shorter period. (3) Even if a notice has been given under subsection (2) and the people mentioned in the notice give evidence relating to the matters stated in the certificates, the certificates— (a) are admissible in evidence; and (b) are evidence of the matters stated in the certificates and of the facts on which they are based; and (c) have the probative value that the court determines consistently with the other evidence before the court.