s. 33 (e) the fact that the instrument was in proper S. 33(2)(e) working order and properly operated; and inserted by No. 17/1994 s. 19(1)(b). (f) the fact that the certificate is identical in its S. 33(2)(f) inserted by terms to another certificate produced by the No. 17/1994 s. 19(1)(b), instrument in respect of the sample of breath substituted by and that it was signed by the person who No. 100/1995 s. 33(7). operated the instrument and given to the accused person as soon as practicable after the sample of breath was analysed— unless the accused person gives notice in writing to the informant not less than 28 days before the hearing, or any shorter period ordered by the court or agreed to by the informant, that he or she requires the person giving the certificate to be called as a witness or that he or she intends to adduce evidence in rebuttal of any such fact or matter. (2AA) A certificate referred to in subsection (2) does not S. 33(2AA) inserted by cease to be admissible in evidence or to be No. 100/1995 conclusive proof of the facts and matters referred s. 33(8). to in that subsection only because of the fact that it refers to the Road Safety Act 1986 and not to the Marine Act 1988 and the reference to the in that certificate and in Road Safety Act 1986 each other certificate produced by the breath analysing instrument in respect of the sample of breath must be construed for all purposes as a reference to the Marine Act 1988. S. 33(2A) (2A) A notice under subsection (2) must specify any inserted by fact or matter with which issue is taken and No. 17/1994 indicate the nature of any expert evidence which s. 19(2). the accused person intends to have adduced at the hearing.
S. 33(2)(e) inserted by No. 17/1994 s. 19(1)(b). (e) the fact that the instrument was in proper working order and properly operated; and S. 33(2)(f) inserted by No. 17/1994 s. 19(1)(b), substituted by No. 100/1995 s. 33(7). s. 33 (f) the fact that the certificate is identical in its terms to another certificate produced by the instrument in respect of the sample of breath and that it was signed by the person who operated the instrument and given to the accused person as soon as practicable after the sample of breath was analysed— unless the accused person gives notice in writing to the informant not less than 28 days before the hearing, or any shorter period ordered by the court or agreed to by the informant, that he or she requires the person giving the certificate to be called as a witness or that he or she intends to adduce evidence in rebuttal of any such fact or matter. S. 33(2AA) inserted by No. 100/1995 s. 33(8). (2AA) A certificate referred to in subsection (2) does not cease to be admissible in evidence or to be conclusive proof of the facts and matters referred to in that subsection only because of the fact that it refers to the Road Safety Act 1986 and not to the Marine Act 1988 and the reference to the Road Safety Act 1986 in that certificate and in each other certificate produced by the breath analysing instrument in respect of the sample of breath must be construed for all purposes as a reference to the Marine Act 1988. S. 33(2A) inserted by No. 17/1994 s. 19(2). (2A) A notice under subsection (2) must specify any fact or matter with which issue is taken and indicate the nature of any expert evidence which the accused person intends to have adduced at the hearing.