40OCertificates in proceedings

1. Except as provided in section 40S, production of a certificate to which this section applies in proceedings for an offence against this Part is sufficient evidence, in the absence of proof to the contrary, of the matters that are stated in the certificate and of the sufficiency of the authority and qualifications of the person by whom the certificate is made and, in the case of a certificate referred to in subsection (5), of the person who carried out the analysis.

2. This section applies to a certificate purporting to be signed by a medical practitioner or medical officer and certifying that—

3. a specimen of venous blood was taken by the medical practitioner or medical officer in accordance with the blood specimen collecting procedure specified in the certificate from a person named in the certificate; and
4. for the purposes of the specified blood specimen collecting procedure,—
   1. the specimen was sufficient; or
   2. the specimen was insufficient and the medical practitioner or medical officer took a further specimen; and
5. in accordance with the specified blood specimen collecting procedure, the medical practitioner or medical officer kept the specimen in the appropriate container or containers (as applicable); and
6. each container was received by the medical practitioner or medical officer in a sealed blood specimen collecting kit; and
7. the medical practitioner or medical officer handed each container to an enforcement officer named in the certificate.

8. This section also applies to a certificate purporting to be signed by a medical practitioner and certifying that—

9. the person named in the certificate was in a hospital or medical centre; and
10. the medical practitioner, being a medical practitioner in immediate charge of the examination, care, or treatment of that person, took a blood specimen or caused a blood specimen to be taken by any other medical practitioner or any medical officer from the person under section 40M; and
11. the medical practitioner has reasonable grounds to suspect that the person—
    1. is a seafarer; and
    2. was in the hospital or medical centre as a result of—
       1. an accident or incident involving a ship:
       2. an injury or a medical condition arising subsequent to an accident or incident involving the use of a ship; and
12. before taking the blood specimen or causing the blood specimen to be taken from the person, the medical practitioner examined the person and was satisfied that the taking of the blood specimen would not be prejudicial to the person's proper care or treatment; and
13. the medical practitioner—
    1. told the person that the blood specimen was being or had been taken under section 40M for evidential purposes; or
    2. if the person was unconscious when the specimen was taken, notified the person in writing as soon as practicable that the blood specimen was taken under section 40M for evidential purposes.

14. This section also applies to a certificate purporting to be signed by a medical practitioner or medical officer and certifying—

15. all the matters referred to in subsection (2)(a) to (d); and
16. that the medical practitioner or medical officer sent or caused to be sent by registered post, personal delivery, or delivery by courier, on a specified date, the specimen to a specified approved laboratory in accordance with section 40N; and
17. that, if at the time the blood specimen was taken more than 1 approved laboratory existed, the medical practitioner or medical officer had notified the Commissioner in writing of the approved laboratory to which the specimen was delivered or posted.

18. This section also applies to a certificate purporting to be signed by an approved analyst and certifying that—

19. a blood specimen in a sealed container was, on a specified date, delivered to an approved analyst (or a person employed by an approved laboratory and approved for the purpose by an approved analyst) for analysis, and was delivered by registered post or personal delivery or delivery by courier; and
20. on analysis of the blood specimen by an analyst specified in the certificate, the presence or a specified proportion of alcohol was found in the specimen; and
21. no such deterioration or congealing of the specimen was found as would prevent a proper analysis.

22. This section also applies to a certificate purporting to be signed by an approved analyst and certifying that, following an application under section 40N, a blood specimen was posted to a specified private analyst by registered post, personal delivery, or delivery by courier, and addressed to the private analyst at the address given in the application.

23. For the purposes of this section, it is not necessary for the person making a certificate to specify his or her entitlement to give the certificate if the certificate indicates that the person belongs to the general category of persons who may make the certificate.