s. 33 or her mental condition from effectively giving consent to the examination or collection. S. 32(10) (10) Except as provided in sections 31(9A) and 31A, a amended by blood sample must not be taken and evidence of Nos 17/1994 the result of an analysis of a blood sample must s. 18(4), 93/2000 s. 11. not be tendered unless the person from whom the blood has been collected has expressed consent to the collection of the blood and the onus of proving that expression of consent is on the prosecution. (11) The mere failure or refusal of a person to express consent must not be used in evidence against that person or referred to in any way against that person's interests in any proceedings. 33 Evidentiary provisions—breath tests S. 33(1) (1) If the question— amended by Nos 20/1993 (a) whether any person was or was not at any s. 10(1), time under the influence of alcohol; or 93/2009 s. 47(2). S. 33(1)(b) (b) as to the presence or the concentration of amended by alcohol in the breath of any person at any No. 94/2003 time— ss 34(12), 35(7). or if a result of a breath analysis is relevant on a hearing for an offence against section 28(1) or on a trial or hearing for an offence against section 318(1) or 319(1) of the arising Crimes Act 1958 out of the operating of a vessel, then, without affecting the admissibility of any evidence which might be given apart from the provisions of this section— (c) evidence may be given of the concentration S. 33(1)(c) amended by of alcohol indicated to be present in the No. 94/2003 breath of that person by a breath analysing ss 34(12), 35(7). instrument operated by a person authorised
or her mental condition from effectively giving consent to the examination or collection. S. 32(10) amended by Nos 17/1994 s. 18(4), 93/2000 s. 11. (10) Except as provided in sections 31(9A) and 31A, a blood sample must not be taken and evidence of the result of an analysis of a blood sample must not be tendered unless the person from whom the blood has been collected has expressed consent to the collection of the blood and the onus of proving that expression of consent is on the prosecution. (11) The mere failure or refusal of a person to express consent must not be used in evidence against that person or referred to in any way against that person's interests in any proceedings. 33 Evidentiary provisions—breath tests s. 33 S. 33(1) amended by Nos 20/1993 s. 10(1), 93/2009 s. 47(2). (1) If the question— (a) whether any person was or was not at any time under the influence of alcohol; or S. 33(1)(b) amended by No. 94/2003 ss 34(12), 35(7). (b) as to the presence or the concentration of alcohol in the breath of any person at any time— or if a result of a breath analysis is relevant on a hearing for an offence against section 28(1) or on a trial or hearing for an offence against section 318(1) or 319(1) of the Crimes Act 1958 arising out of the operating of a vessel, then, without affecting the admissibility of any evidence which might be given apart from the provisions of this section— S. 33(1)(c) amended by No. 94/2003 ss 34(12), 35(7). (c) evidence may be given of the concentration of alcohol indicated to be present in the breath of that person by a breath analysing instrument operated by a person authorised
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