sec.123LCertificate is evidence of another matter—analysing instrument

### sec.123L Certificate is evidence of another matter—analysing instrument This section applies to a certificate purporting to be signed by the commissioner or the chief executive stating that a breath analysing instrument or saliva analysing instrument has been— tested at a specified time— in accordance with the appropriate Australian Standard that is in force at the time or, if there is no appropriate standard, in accordance with the manufacturer’s specifications; and using devices or substances certified or otherwise authenticated under the National Measurement Act 1960 (Cwlth) ; and found to produce accurate results at the time of testing. For a proceeding for an offence against a transport Act, the certificate is evidence— of the matters stated in it; and that the breath analysing instrument or saliva analysing instrument was producing accurate results when tested and for 1 year after the day of testing. s 123L ins 2019 No. 25 s 104 (sec.123L-ssec.1) This section applies to a certificate purporting to be signed by the commissioner or the chief executive stating that a breath analysing instrument or saliva analysing instrument has been— tested at a specified time— in accordance with the appropriate Australian Standard that is in force at the time or, if there is no appropriate standard, in accordance with the manufacturer’s specifications; and using devices or substances certified or otherwise authenticated under the National Measurement Act 1960 (Cwlth) ; and found to produce accurate results at the time of testing. (sec.123L-ssec.2) For a proceeding for an offence against a transport Act, the certificate is evidence— of the matters stated in it; and that the breath analysing instrument or saliva analysing instrument was producing accurate results when tested and for 1 year after the day of testing. - (a) tested at a specified time— (i) in accordance with the appropriate Australian Standard that is in force at the time or, if there is no appropriate standard, in accordance with the manufacturer’s specifications; and (ii) using devices or substances certified or otherwise authenticated under the National Measurement Act 1960 (Cwlth) ; and - (i) in accordance with the appropriate Australian Standard that is in force at the time or, if there is no appropriate standard, in accordance with the manufacturer’s specifications; and - (ii) using devices or substances certified or otherwise authenticated under the National Measurement Act 1960 (Cwlth) ; and - (b) found to produce accurate results at the time of testing. - (i) in accordance with the appropriate Australian Standard that is in force at the time or, if there is no appropriate standard, in accordance with the manufacturer’s specifications; and - (ii) using devices or substances certified or otherwise authenticated under the National Measurement Act 1960 (Cwlth) ; and - (a) of the matters stated in it; and - (b) that the breath analysing instrument or saliva analysing instrument was producing accurate results when tested and for 1 year after the day of testing.