Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 123L

123L Certificate is evidence of another matter—analysing instrument

(1) This section applies to a certificate purporting to be signed by the commissioner or the chief executive stating that a breath analysing instrument or saliva analysing instrument has been—

(a) tested at a specified time—

(i) in accordance with the appropriate Australian Standard that is in force at the time or, if there is no appropriate standard, in accordance with the manufacturer’s specifications; and

(ii) using devices or substances certified or otherwise authenticated under the National Measurement Act 1960 (Cwlth) ; and

(b) found to produce accurate results at the time of testing.

(2) For a proceeding for an offence against a transport Act, the certificate is evidence—

(a) of the matters stated in it; and

(b) that the breath analysing instrument or saliva analysing instrument was producing accurate results when tested and for 1 year after the day of testing.