Victorian Numbered Acts

ROAD LEGISLATION AMENDMENT ACT 2016 (NO. 5 OF 2016) - SECT 6

    (1)     For section 32(1) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 substitute —

    "(1)     In this section—

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

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

"properly qualified analyst" means—

        (a)     an approved analyst; or

        (b)     a person who conducts an analysis in an approved laboratory; or

        (c)     a person who is considered by the court to have scientific qualifications, training and experience that qualifies the person to carry out the analysis and to express the opinion to which this section relates.".

    (2)     For section 32(4) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 substitute —

    "(4)     A certificate in the prescribed form 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 any proceedings referred to in subsection (2) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.".