Victorian Numbered Acts

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

    (1)     In section 57B(1) of the Road Safety Act 1986 —

        (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 a laboratory that has been approved by an Order of the Governor in Council published in the Government Gazette for the purposes of this section;".

    (2)     For section 57B(4) of the Road Safety Act 1986 substitute —

    "(4)     A certificate, containing the prescribed particulars, as to the presence in any sample of oral fluid of a substance that is a prescribed illicit drug—

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

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

is admissible in evidence in any hearing referred to in subsection (2) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.".

Division 2— Marine (Drug, Alcohol and Pollution Control) Act 1988