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LIQUOR ACT 2007 - SECT 97
Breath analysis equipment
97 Breath analysis equipment
(1) Evidence of the results of a test indicating the presence or concentration
of alcohol in the breath or blood of a person by means of a
breath analysing instrument installed on licensed premises is not admissible--
(a) in any civil proceedings against the licensee of the licensed premises
(subject to subsection (2)), or
(b) in any criminal proceedings.
(2) This
section does not prevent the admission into evidence in civil proceedings of
the results of a test if it is established that at the time of the test-- (a)
the breath analysing instrument concerned did not comply with the relevant
Australian Standard (as in force at the date of the manufacture of the
instrument), or
(b) the licensee was aware or should have been aware that the
instrument was not operating correctly, or
(c) subsection (4) was being
contravened in respect of the breath analysing instrument concerned.
(3) For
the purposes of this section, a
"breath analysing instrument" is an instrument that is designed to ascertain
by analysis of a person's breath the concentration of alcohol present in the
person's breath or blood, being an instrument of a type specified in AS
3547--1997: Breath alcohol testing devices for personal use , published by
Standards Australia. That standard, as in force from time to time, is the
relevant Australian Standard for the purposes of this section.
(4) At all
times that a breath analysing instrument installed on licensed premises is
available for use by patrons on those premises there must be prominently
displayed on or in close proximity to the instrument a sign that complies with
the requirements prescribed by the regulations.
(5) If subsection (4) is
contravened, the licensee of the licensed premises is guilty of an offence. :
Maximum penalty--20 penalty units.
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