76Presumptions relating to blood specimens

1. In proceedings for an offence against this Act it is to be presumed, in the absence of proof to the contrary, that,—

2. if a certificate referred to in section 75 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:
3. every approved analyst who signed a certificate referred to in section 75(5) was duly authorised to sign it:
4. if the container in which a blood specimen (or part of a blood specimen) was placed was received by a health 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.

5. On the request of a person from whom a blood specimen has been taken under section 72 or section 73, or of the person's solicitor or counsel, 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

• 1962 No 135 s 58G

Notes

• Section 76(1)(c): amended, on 7 November 2018, by section 15 of the Land Transport Amendment Act 2016 (2016 No 77).
• Section 76(1)(c): amended, on 5 November 2011, by section 37 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
• Section 76(1)(c): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).