Part 4ARegulation of alcohol consumption by seafarers
40QPresumptions relating to blood specimens
In proceedings for an offence against this Part, it is to be presumed, in the absence of proof to the contrary, that,—
- if a certificate referred to in
section 40P
names a person having the same name, address, and occupation
as the defendant as the person from whom the specimen of
blood was taken, the specimen was taken from the
defendant:
- every approved analyst who signed a certificate referred to
in
section 40O(5)
was duly authorised to sign it:
- if the container in which a blood specimen (or part of a
blood specimen) was placed was received by a medical
practitioner or medical officer in a sealed blood specimen
collecting kit, the container contained a substance (whether
or not a combination or mixture of 2 or more substances) and
that substance was a preservative and anti-coagulant.
On the request of a person from whom a blood specimen has been taken under section 40L or 40M, or of the person's lawyer, copies of any certificates referred to in subsection (1) that relate to that blood specimen must be supplied by the prosecutor to the person making the request.
Compare
- 1998 No 110 s 76
Notes
- Section 40Q: inserted, on , by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).


