s. 33 hearing if the nature of that evidence was not indicated in a notice under subsection (2). (2C) If an accused person gives notice to the informant S. 33(2C) inserted by in accordance with subsection (2) that he or she No. 17/1994 requires the person giving a certificate to be called s. 19(2). as a witness and the court is satisfied that that person— (a) is dead; or (b) is unfit by reason of his or her bodily or mental condition to testify as a witness; or (c) has ceased to be a member of the police force or is out of and it is not reasonably practicable to secure his or her attendance; or (d) cannot with reasonable diligence be found— the court must order that subsection (2) has effect as if the notice had not been given. (2D) A certificate referred to in subsection (2) remains S. 33(2D) inserted by admissible in evidence even if the accused person No. 17/1994 gives a notice under that subsection but, in that s. 19(2). event, the certificate ceases to be conclusive proof of the facts and matters referred to in that subsection. (2E) Nothing in subsection (2) prevents the informant S. 33(2E) inserted by adducing evidence to explain any fact or matter No. 17/1994 contained in a certificate referred to in subsection s. 19(2), amended by (2) and, if the informant does so, the certificate No. 100/1995 remains admissible in evidence but ceases to be s. 33(9). conclusive proof of that fact or matter only. (3) In any proceeding under this Act— S. 33(3) substituted by No. 94/2003 (a) the statement of any person that on a s. 38. particular date he or she was authorised by the Chief Commissioner of Police under section 31 to operate breath analysing instruments; or
hearing if the nature of that evidence was not indicated in a notice under subsection (2). S. 33(2C) inserted by No. 17/1994 s. 19(2). (2C) If an accused person gives notice to the informant in accordance with subsection (2) that he or she requires the person giving a certificate to be called as a witness and the court is satisfied that that person— (a) is dead; or s. 33 (b) is unfit by reason of his or her bodily or mental condition to testify as a witness; or (c) has ceased to be a member of the police force or is out of and it is not reasonably practicable to secure his or her attendance; or (d) cannot with reasonable diligence be found— the court must order that subsection (2) has effect as if the notice had not been given. S. 33(2D) inserted by No. 17/1994 s. 19(2). (2D) A certificate referred to in subsection (2) remains admissible in evidence even if the accused person gives a notice under that subsection but, in that event, the certificate ceases to be conclusive proof of the facts and matters referred to in that subsection. S. 33(2E) inserted by No. 17/1994 s. 19(2), amended by No. 100/1995 s. 33(9). (2E) Nothing in subsection (2) prevents the informant adducing evidence to explain any fact or matter contained in a certificate referred to in subsection (2) and, if the informant does so, the certificate remains admissible in evidence but ceases to be conclusive proof of that fact or matter only. S. 33(3) substituted by No. 94/2003 s. 38. (3) In any proceeding under this Act— (a) the statement of any person that on a particular date he or she was authorised by the Chief Commissioner of Police under section 31 to operate breath analysing instruments; or
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