Victorian Numbered Acts

ROAD LEGISLATION AMENDMENT ACT 2016 (NO. 5 OF 2016) - SECT 10

    (1)     In section 86I(1) of the Rail Safety (Local Operations) Act 2006 —

        (a)     in the definition of "properly qualified analyst", after paragraph (a) insert —

    "(ab)     a person who carries out an analysis in an approved laboratory; or";

        (b)     insert the following definition—

""approved laboratory" means an approved laboratory within the meaning of section 57 of the Road Safety Act 1986 ;".

    (2)     For sections 86I(6) and (7) of the Rail Safety (Local Operations) Act 2006 substitute —

    "(6)     A certificate, containing the prescribed particulars, as to the concentration of alcohol expressed in grams per 100 millilitres of blood found in any sample of blood—

        (a)     purporting to be signed by an approved analyst; and

        (b)     stating that the sample of blood was analysed in an approved laboratory—

is admissible in evidence in a proceeding referred to in subsection (4) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.

    (7)     A certificate, containing the prescribed particulars, as to the presence in any sample of blood of a substance that is, or is capable of being, a prescribed drug for the purposes of this Part—

        (a)     purporting to be signed by an approved analyst; and

        (b)     stating that the sample of blood was analysed in an approved laboratory—

is admissible in evidence in a proceeding referred to in subsection (4) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.".