s. 85E able to comply with a direction given to him or her, advise the member— (a) of the taking of the sample; and (b) that he or she may refuse to consent to the use of any evidence derived from the sample; and (c) that a refusal to consent to the use of the evidence constitutes a breach of discipline under section 69. (3) Evidence derived from a sample obtained in accordance with a direction under subsection (1) must be destroyed if the member from whom the sample was taken refuses to consent to the use of the evidence in the circumstances set out in that subsection. (4) The Chief Commissioner must cause any sample taken under subsection (1) and in respect of which consent is refused under subsection (2) to be destroyed. (5) Nothing in this section affects the operation of Part 5 of the Road Safety Act 1986. 85E Admissibility of test result in certain proceedings S. 85E inserted by No. 67/2007 (1) Evidence derived from a sample obtained in s. 5. accordance with a direction made under section 85B or 85D is inadmissible in any proceeding in a court, tribunal or before a person or body authorised to hear and receive evidence. (2) Subsection (1) does not apply— (a) in a proceeding under the Accident Compensation Act 1985 to rebut or support an allegation that the presence of alcohol or a drug of dependence contributed to the injury in respect of which the proceeding was commenced; or
able to comply with a direction given to him or her, advise the member— (a) of the taking of the sample; and (b) that he or she may refuse to consent to the use of any evidence derived from the sample; and (c) that a refusal to consent to the use of the evidence constitutes a breach of discipline under section 69. (3) Evidence derived from a sample obtained in accordance with a direction under subsection (1) must be destroyed if the member from whom the sample was taken refuses to consent to the use of the evidence in the circumstances set out in that subsection. (4) The Chief Commissioner must cause any sample taken under subsection (1) and in respect of which consent is refused under subsection (2) to be destroyed. (5) Nothing in this section affects the operation of Part 5 of the Road Safety Act 1986. S. 85E inserted by No. 67/2007 s. 5. 85E Admissibility of test result in certain proceedings s. 85E (1) Evidence derived from a sample obtained in accordance with a direction made under section 85B or 85D is inadmissible in any proceeding in a court, tribunal or before a person or body authorised to hear and receive evidence. (2) Subsection (1) does not apply— (a) in a proceeding under the Accident Compensation Act 1985 to rebut or support an allegation that the presence of alcohol or a drug of dependence contributed to the injury in respect of which the proceeding was commenced; or
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