New South Wales Consolidated Regulations

CRIMES (ADMINISTRATION OF SENTENCES) REGULATION 2014 - REG 158

158 Evidence as to presence of alcohol or intoxicating substance

(1) In any proceedings for a correctional centre offence that are being dealt with under the Act by the governor or a Visiting Magistrate, and in which it is alleged that an inmate has consumed alcohol or any other intoxicating substance, a certificate signed by an authorised officer to the effect that--

(a) an inmate named in the certificate submitted to a breath test, and

(b) the breath test was given on the day and completed at the time stated in the certificate, and

(c) there was a measurable quantity of alcohol or any other intoxicating substance present in the inmate's breath or blood, as determined by the breath test, on the date and at the time stated in the certificate,

is admissible in evidence of the facts so certified.

(2) In any proceedings referred to in subclause (1), evidence of--

(a) the condition of the device used to carry out the breath test, or

(b) the way in which the breath test was carried out,

is not required unless evidence that the device was not in proper condition or that the test was not properly carried out has been adduced.