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Contents (2008 - 376)
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Crimes (Administration of Sentences) Regulation 2008
Repealed version for 11 April 2014 to 31 August 2014 (accessed 10 April 2020 at 10:13)
279   Certificate evidence of presence of a prohibited drug
(1)  For the purposes of any disciplinary procedure relating to misbehaviour with drugs, a certificate purporting to be signed by a medical practitioner or registered nurse and certifying any one or more of the following matters:
(a)  that the practitioner or nurse was a medical practitioner or registered nurse who attended a specified person at a hospital,
(b)  that the practitioner or nurse took a sample of the staff member’s blood or was provided with or took a non-invasive sample from the staff member in accordance with Division 5 of Part 11 of the Act and this Part on the day and at the time stated in the certificate,
(c)  that the practitioner or nurse dealt with the sample in accordance with clause 274 or 275,
is prima facie evidence of the particulars certified in and by the certificate.
(2)  For the purposes of any disciplinary procedure relating to misbehaviour with drugs, a certificate purporting to be signed by a person and certifying any one or more of the following matters:
(a)  that the person was provided with or took a non-invasive sample from a specified person in accordance with Division 5 of Part 11 of the Act and this Part on the day and at the time stated in the certificate,
(b)  that the person dealt with the sample in accordance with clause 276,
is prima facie evidence of the particulars certified in and by the certificate.
(3)  For the purposes of any disciplinary procedure relating to misbehaviour with drugs, a certificate purporting to be signed by an analyst and certifying any one or more of the following matters:
(a)  that the analyst received, on a specified day, a portion of a sample of a specified person’s blood or a non-invasive sample provided by or taken from a specified person in a container submitted for analysis under Division 5 of Part 11 of the Act and this Part,
(b)  that the container, as received by the analyst, was sealed, and marked or labelled, in a specified manner,
(c)  that, on receipt by the analyst of the container, the seal was unbroken,
(d)  that the analyst carried out an analysis of the portion to determine whether any prohibited drug was present in the sample,
(e)  that a specified prohibited drug ascertained pursuant to the analysis was present in that portion,
(f)  that the analyst was, at the time of the analysis, an analyst within the meaning of this Part,
is prima facie evidence of the matters set out in subclause (4).
(4)  A certificate under subclause (3) is prima facie evidence:
(a)  of the particulars certified in and by the certificate, and
(b)  that the portion was a portion of the sample of that specified person’s blood or a non-invasive sample provided by, or taken from, that specified person, and
(c)  that the portion had not been tampered with before it was received by the analyst.
(5)  For the purposes of any disciplinary procedure relating to misbehaviour with drugs, evidence may be given of the presence of a prohibited drug in the blood or other biological material of the staff member, as determined pursuant to an analysis under Division 5 of Part 11 of the Act of a portion of a sample of the person’s blood or a non-invasive sample provided by or taken from the staff member.
(6)  The prohibited drug the presence of which is so determined, is taken to have been present in the blood or other biological material of the staff member when the staff member presented for duty, if the sample was taken or provided within 24 hours of the time the staff member last presented for duty, unless the staff member proves the absence, at that time, of the drug.
(7)  The prohibited drug the presence of which is so determined, is taken to have been present in the blood or other biological material of the staff member while the staff member was on duty if the sample was taken or provided within 24 hours of the later of the time the staff member last was involved in an incident referred to in section 236F (3) of the Act (if such an incident occurred) or the staff member last ceased to be on duty, unless the staff member proves the absence, at that time, of the drug.