Part VI Part VI
PART 19 PART 19
BREATH ANALYSING INSTRUMENTS AND SPECIMENS OF BLOOD FOR LABORATORY TESTS
Heading substituted by regulations published Gazette 3 August I974, pp. 1947-8.
173. For the purposes of this Part of these Regulations the following terms shall have the meanings respectively assigned to them:-
"Reagent ampoule"-An ampoule from a batch of ampoules which has been test checked by an analyst;
"Standard alcohol solution"-A solution of ethyl alcohol and distilled water prepared by an analyst and certified as suitable for use with an approved breath analysing instrument.
Substitued by regulations published Gazette 3 August 1974, pp. 1947-8.
174. A legally qualified medical practitioner or authorised member of the Police Force shall-
(a) Before a person's breath is analysed and after completing such analysis ascertain that the breath analysing instrument used is in proper working order by testing such instrument with standard alcohol solution;
(b) When testing a breath analysing instrument to determine that it is in proper working order use only standard alcohol solution as prepared by the Government Chemical Laboratory Queensland and as produced to him duly identified by a control number and m a sealed container;
(c) When operating a breath analysing instrument use only reagent ampoules endorsed with a manufacturer's control number.
Substituted by regulations published Gazette 3 August 1974, pp. 1947-8.
175. A certificate purporting to be under the hand of an analyst that-
(i) he prepared a quahtity of a solution consisting of ethyl alcohol and distilled water;
(ii) such solution was suitable for use with an approved breath analysing instrument;
(iii) he sealed such solution in each of a number of containers; and (iv) he endorsed on each such container a control number,
shall upon its production in evidence be conclusive evidence unless the contrary is proved that any such container bearing that control number contained standard alcohol solution.
Substituted by regulations published Gazette 3 August 1974, pp. 1947-8; as amended by regulations published Gazette 24 May 1975, p. 660.
175A. (Repealed).
Repealed by regulations published Gazette 3 August 1974, pp. 1947-8.
176. A certificate purporting to be under the hand of an analyst that he test-checked a number of reagent ampoules from a batch of ampoules bearing the same manufacturer's control number and found that each ampoule so tested contained 3.0 millilitres of 0.025 per cent. potassium dichromate in 50 per cent. sulphuric acid by volume and a catalyst shall, upon its production in evidence, be conclusive evidence unless the contrary is proved that any such reagent ampoule bearing that control number contained 3.0 millilitres of 0.025 per cent. potassium dichromate in 50 per cent. sulphuric acid by volume and a catalyst.
Substituted by regulations published Gazette 3 August 1974, pp. 1947-8.
177. Evidence by a Police Officer that he used a device for carrying out a breath test on a specimen provided by a person shall be sufficient evidence that the device used by him was a device approved by the Minister for the purposes of such test unless the contrary is proved.
Substituted by regulations published Gazette 3 August 1974, pp. 1947-8.
177A. (Repealed).
Repealed by regulations published Gazette 3 August 1974, pp. 1947-8.
178. (I) In taking a specimen of blood for the purpose of a laboratory test a legally qualified medical practitioner shall-
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(i) Take such specimen from any vein selected by him;
(ii) Not use any substance which he believes on reasonable grounds to be or to contain alcohol or ether when cleaning the site of the veni-puncture or for the purpose of cleaning any needle or syringe used for the purpose of the taking by him of such specimen;
(iii) Take a sufficient quantity of blood for the purpose of such laboratory test and if required pursuant to the Act take such additional quantity of blood either at the same time or immediately thereafter as will be a sufficient specimen to give to the person who made such requirement;
(i,v) Place the specimen of blood in a receptacle;
(v) Place upon the receptacle an identifying number with his initials thereon;
(vi) Sign a certificate certifying:-
(a) The name of the person from whom he took the specimen;
(b) The place where and the date and time when the specimen was provided by such person; and
(c) The placing upon the receptacle of an identifying number and of his initials thereon.
(2) Duplicate and triplicate copies of the certificate referred to in subregulation (I) are to be made and the duplicate copy is to be forwarded to the analyst with the specimen of blood to which it refers.
(3)-
(a) A certificate signed in accordance with this Regulation shall be admissible in evidence and, in the absence of proof to the contrary, shall be conclusive evidence of the matters certified to therein.
(b) A duplicate of a certificate forwarded to the analyst in accordance with this Regulation shall be sufficient authority for him to issue a certificate of an analysis of a specimen of the blood of the person named in the duplicate certificate.
(4)-
(a) It shall be conclusively presumed that no substance containing alcohol or ether was used by a legally qualified medical practitioner unless he gives evidence on oath that he did so;
(b) Where a legally qualified medical practitioner gives evidence on oath that any substance containing alcohol or ether was used by him it shall be conclusively presumed that the use of any such substance did not affect the result of any analysis of a specimen taken by him unless the contrary is proved.
(5) Where in a certificate issued by him for the purposes of the Act the analyst in respect of the specimen of blood to which such certificate relates certifies that there was sufficient quantity of blood for the purposes of an analysis and that such specimen was capable of analysis, such certificate shall be sufficient evidence of those matters unless the contrary is proved.
Further substituted by regulations published Gazette 3 August 1974, pp. 1947-8; as amended by regulations published Gazette 2 February 1980, p. 347.
178A. Where, in any certificate made by him for any purpose where he is required under the Act to make a certificate consequent upon the providing of a specimen of breath for the purposes of analysis by a breath analysing instrument or a specimen of blood for a laboratory test, or, as the case may be, the failure to provide any such specimen, a medical practitioner or authorised member of the Police Force certifies that he has given all necessary directions as required by the relevant provisions of the Act in connection with the provision of whatever specimen was required in the case in question, and that a copy of a certificate signed as required by the Act was delivered to such person to whom by the Act it was required to be given, such certificate shall be conclusive evidence until the contrary is proved of the matters so certified.
Inserted by regulations published Gazette 4 November 1978, p. 831.
178B. Where, by any Regulation under this Part of the Regulations, a certificate of or purporting to be signed by a medical practitioner, an authorised member of the Police Force or an analyst is made evidence of any matter, a certificate purporting to be signed by a medical practitioner, an authorised member of the Police Force or an analyst, as the case may be, as to that matter shall, upon its production in any proceeding, be accepted as evidence-
(a) that the signature thereto is that of the person by whom the certificate purports to be made;
(b) of all matters contained therein including the status, authority or qualification of the person by whom the certificate purports to be made,
and until the contrary is proved shall be conclusive such evidence.
Inserted by regulations published Gazette 4 November I978, p. 831.
179. In any proceedings under the Act it shall not be necessary for any Police Officer to produce in evidence any Certificate of Authority issued by the Commissioner that he is authorised to operate a breath analysing instrument and evidence by a Police Officer that he is so authorised shall be sufficient evidence of that fact.
Substituted by regulations published Gazette 3 August 1974, pp. 1947-8.
180. Unless it is proved that any failure to comply with any of the Regulations under this Part substantially affected any breath analysis or the result of any laboratory test of a specimen of blood it shall be presumed that any such failure did not in any way affect the result of any such analysis or test.
Present reg. 180 inserted by regulation published Gazette 3 August 1974, pp. 1947-8.
181. Any specimen of blood given to a person from whom a specimen of blood for a laboratory test was obtained shall be dealt with by the legally qualified medical practitioner in the same manner as if the specimen of blood were a specimen of blood for a laboratory test.
Inserted by regulations published Gazette 3 August 1974, pp. 1947-8.
ENDORSEMENT OF DRIVER'S LICENCE
182. Upon the holder of a Driver's Licence producing to a District Superintendent or Superintendent that licence and a certificate from a qualified medical practitioner to the effect that by reason of a stated illness or disability such person is incapable of providing a specimen of his breath for the purposes of section 16A of the Acts or the provision of such a specimen by him could adversely affect his health such District Superintendent or Superintendent shall upon establishing the authenticity of the certificate produced endorse that licence to indicate that on certification by the qualified medical practitioner named and by reason of the stated illness or disability the holder of the licence is incapable of providing a specimen of his breath or the provision by him of such a specimen of breath could adversely affect that person's health as the case may be.
Present reg. 182 (original reg. 180) substituted by regulations published Gazette 3 August 1974, pp. 1947-8.
PART 20