40RPresumptions relating to alcohol-testing

1. For the purposes of proceedings for an offence against this Part arising out of the circumstances in which an evidential breath test was undergone by the defendant, it is to be conclusively presumed that the proportion of alcohol in the defendant's breath at the time of the alleged offence was the same as the proportion of alcohol in the defendant's breath indicated by the test.

2. For the purposes of proceedings for an offence against this Part arising out of the circumstances in which a blood specimen was taken from the defendant under section 40L or 40M, it is to be conclusively presumed that the proportion of alcohol in the defendant's blood at the time of the alleged offence was the same as the proportion of alcohol in the blood specimen taken from the defendant.

3. Except as provided in subsection (4), the result of a positive evidential breath test is not admissible in evidence in proceedings for an offence against any of sections 40C to 40E if—

4. the seafarer who underwent the test is not advised by an enforcement officer, without delay after the result of the test is ascertained, that the test was positive and that, if the seafarer does not request a blood test within 10 minutes, in the case of a positive test that indicates that the proportion of alcohol in the seafarer's breath exceeds 250 micrograms of alcohol per litre of breath, the test could of itself be conclusive evidence to lead to that seafarer's conviction for an offence against this Part; or
5. the seafarer who underwent the test—
   1. advises an enforcement officer, within 10 minutes of being advised of the matters specified in paragraph (a), that the seafarer wishes to undergo a blood test; and
   2. complies with section 40L(3).

6. Subsection (3)(a) does not apply if the seafarer who underwent the test fails or refuses to remain at the place where the seafarer underwent the test until the seafarer can be advised of the result of the test.

7. If it is proved in proceedings for an offence against section 40E that the defendant failed or refused, without reasonable cause, to comply with section 40H, 40I, 40J, 40L, or 40M, or any lawful requirement, direction, or request made by an enforcement officer under any of those sections, or any lawful requirement or request made by a medical practitioner or medical officer under section 40L or 40M, the failure or refusal may be treated as supporting any evidence given on behalf of the prosecution, or as rebutting any evidence given on behalf of the defendant, concerning the defendant's condition at the time of the alleged offence.