QLDIn ForceAct
Transport Operations (Road Use Management) Act 1995
sec.123PEvidence about analysing instruments
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### sec.123P Evidence about analysing instruments
For a proceeding for an offence against a transport Act, evidence of the condition of a breath analysing instrument or saliva analysing instrument, or the manner in which it was operated, is not required unless evidence is given that the instrument—
was not in proper condition; or
was not properly operated.
In this section—
breath analysing instrument see section 80 (1) .
saliva analysing instrument see section 80 (1) .
s 123P ins 2019 No. 25 s 104
(sec.123P-ssec.1) For a proceeding for an offence against a transport Act, evidence of the condition of a breath analysing instrument or saliva analysing instrument, or the manner in which it was operated, is not required unless evidence is given that the instrument— was not in proper condition; or was not properly operated.
(sec.123P-ssec.2) In this section— breath analysing instrument see section 80 (1) . saliva analysing instrument see section 80 (1) .
- (a) was not in proper condition; or
- (b) was not properly operated.