Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:13:p57
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 13 (pt 57/76)
Character Range: 2187650–2190445

that the donor's body sample was taken and tested;
 (d) the test result;
 (e) the applicable SSAA that the donor was performing or available to perform at the time the donor was tested;
 (f) the make, model and serial number of the approved breathalyser used to conduct the testing of the body sample;
 (g) the details of any photographic identification provided by the donor;
 (h) a certification by the approved tester about whether the body sample has been taken and tested in accordance with the requirements of the Regulations and any applicable legislative instrument made under regulation 99.245;
 (i) a certification by the tester about whether the breathalyser has been stored, tested, maintained and operated in accordance with the legislative instrument made under subregulation 99.250(3);
 (j) the initials of the tester and his or her allocated number.
 (2) The approved tester must ask the donor to sign the notice at the time the approved tester gives the notice to the donor.
Subpart 99.D—Evidentiary certificates and prescribed proceedings

Division 99.D.1—Purposes of Subpart

99.275  Purposes of Subpart
  This Subpart provides for the following:
 (a) evidentiary certificates (Division 99.D.2);
 (b) prescribed proceedings for paragraph 36(4)(d) of the Act (Division 99.D.3).

Division 99.D.2—Evidentiary certificates

99.280  Certificates by approved tester

Matters relating to samples for initial drug tests
 (1) A certificate that under subsection 36(4) of the Act is admissible in proceedings concerning an initial drug test must:
 (a) be signed by an approved tester; and
 (b) be in respect of a body sample taken by the tester for an initial drug test; and
 (c) be in respect of a body sample that the tester conducted an initial drug test on; and
 (d) state one or more of the matters set out in subregulation (3).
 (2) Subject to regulation 99.305, if subregulation (1) is complied with, then the certificate is admissible as evidence of the matters stated in the certificate in any proceedings under the Act, these Regulations or the Criminal Code.
Note: Regulation 99.315 prescribes proceedings under the Criminal Code for the purposes of paragraph 36(4)(d) of the Act.
 (3) For paragraph (1)(d), the matters are as follows:
 (a) the approved tester's allocated number;
 (b) that the tester who signed the certificate was an approved tester at the time the body sample was taken;
 (c) when the body sample was taken;
 (d) from whom the body sample was taken;
 (e) the applicable SSAA that the donor was performing or available to perform at the time the body sample was taken;
 (f) the make, model and serial number of the approved drug testing device used to conduct the test on the body sample;
 (g) a description of the method of sampling;
 (h) whether the test