Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:13:p60
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 13 (pt 60/76)
Character Range: 2195102–2197986

for the prosecution unless:
 (a) the prosecutor has been given at least 4 days notice of the person's intention to require the person who signed the certificate to be so called; or
 (b) the Court, by order, grants the person's application to require the calling of the witness.

99.305  Rebuttal evidence
 (1) Any evidence given in support, or in rebuttal, of a matter stated in a certificate given under regulation 99.280 or 99.285 must be considered on its merits, and the credibility and probative value of such evidence must be neither increased nor diminished because of this Subpart.
 (2) The evidential burden in rebutting a matter stated in a certificate given under regulation 99.280 or 99.285 is on the balance of probabilities.

99.310  CASA may ask for full certificate
 (1) CASA may, by notice in writing, ask:
 (a) an approved tester to provide a certificate, under subregulation 99.280(1) or (4); or
 (b) an approved laboratory to provide a certificate, under regulation 99.285;
that contains all of the matters listed in the particular provision.
 (2) The approved tester or approved laboratory must comply with the notice within 7 days of receiving it.
Penalty: 50 penalty units.
 (3) An offence against subregulation (2) is an offence of strict liability.

Division 99.D.3—Prescribed proceedings

99.315  Prescribed proceedings
  For paragraph 36(4)(d) of the Act, proceedings under the Criminal Code are prescribed.
Subpart 99.E—Offences for Subpart 99.C

Division 99.E.1—Purposes of Subpart

99.320  Purposes of Subpart
  This Subpart provides for the following:
 (a) offences relating to Subpart 99.C (Division 99.E.2);
 (b) CASA medical review officers (Division 99.E.3).

Division 99.E.2—Offences

Subdivision 99.E.2.1—Offences relating to giving a body sample

99.325  Failing to carry identification whilst undertaking applicable SSAA
 (1) If:
 (a) a person is performing or available to perform an applicable SSAA; and
 (b) as part of the process of taking a body sample for a drug or alcohol test under Subpart 99.C, an approved tester requires the person to produce identification of a kind set out in subregulation (2);
the person must either:
 (c) immediately produce to the tester the identification; or
 (d) produce to the tester the identification within 1 hour after being required to do so.
Penalty: 10 penalty units.
 (2) For subregulation (1), the kinds of identification are as follows:
 (a) identification that:
 (i) contains a photograph of the person and sets out the person's name, date of birth and address; and
 (ii) was issued by a Commonwealth, State, Territory or local government body;
 (b) identification that is issued by a DAMP organisation that contains a photograph of the person and the person's name;
 (c) an ASIC;
 (d) a passport.
 (3) An offence against subregulation (1) is an offence of strict liability.

99.330  Refusing or