123LCertificate is evidence of another matter—analysing instrument#

  1. (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—
  2. (a)tested at a specified time—
  3. (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
  4. (ii)using devices or substances certified or otherwise authenticated under the National Measurement Act 1960 (Cwlth); and
  5. (b)found to produce accurate results at the time of testing.
  6. (2)For a proceeding for an offence against a transport Act, the certificate is evidence—
  7. (a)of the matters stated in it; and
  8. (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.
Source: TORUM Act 1995 · page 351 Open PDF at this page Search this document