Victorian Numbered Acts

ROAD LEGISLATION AMENDMENT ACT 2016 (NO. 5 OF 2016) - SECT 8

    (1)     In section 32B(1) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 —

        (a)     for the definition of approved analyst substitute —

""approved analyst" means an approved analyst within the meaning of section 57B of the Road Safety Act 1986 ;";

        (b)     in the definition of "properly qualified analyst", after paragraph (a) insert —

    "(ab)     a person who carries out an analysis in an approved laboratory; or";

        (c)     insert the following definition—

""approved laboratory" means an approved laboratory within the meaning of section 57B of the Road Safety Act 1986 ;".

    (2)     For section 32B(4) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 substitute —

    "(4)     A certificate, containing the prescribed particulars, as to the presence in any sample of oral fluid of a substance that is a prescribed illicit drug—

        (a)     purporting to be signed by an approved analyst; and

        (b)     stating that the sample of oral fluid was analysed in an approved laboratory—

is admissible in evidence in any hearing referred to in subsection (2) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.".