71Evidentiary provisions

71 Evidentiary provisions

S. 71(1) amended by No. 22/2022 s. 30.

(1) In proceedings for an offence against this Act or the regulations, a certificate purporting to be signed by the Secretary and to certify—

S. 71(1)(a) amended by No. 73/1994 s. 55(1)(a)(i).

(a) that a chemical product was, or was not, a registered chemical product on a specified date, or during a specified period; or

S. 71(1)(b) repealed by No. 73/1994 s. 55(1)(a)(ii).

(c) that a licence, certificate or permit was in force on a specified date or during a specified period; or

S. 71(1)(d) amended by No. 73/1994 s. 55(1)(a)(iii).

(d) that the matter appearing on a label or advice note, or in a licence, certificate or permit, is identical to the matter set out in or appended to the certificate; or

(e) that a licence, certificate or permit was suspended during a specified period or was cancelled on a specified date; or

(f) that a specified person was an authorised officer on a specified date during a specified period—

is evidence of the facts so certified and, in the absence of evidence to the contrary, is proof.

(2) In any proceedings for an offence against this Act or the regulations, proof is not required as to—

S. 71(2)(a) amended by Nos 55/2001 s. 23(1), 22/2022 s. 30.

(a) the authority of an authorised officer or any other person authorised in writing by the Secretary to prosecute under this Act to prosecute; or

S. 71(2)(b) amended by Nos 73/1994 s. 55(1)(b), 46/1998 s. 7(Sch. 1)
(as amended by No. 12/1999 s. 3(Sch. 1 item 2)), 22/2022 s. 30.

(b) the appointment or employment of the Secretary, an authorised officer or any other officer or employee of the Department—

until evidence is given to the contrary.

S. 71(3) amended by Nos 73/1994 s. 55(1)(c), 55/2001 s. 23(2).

(3) A certificate issued by an analyst setting out the result of an analysis made by the analyst of a plant, animal, chemical product, fertiliser or stock food on behalf of an informant in respect of a prosecution is admissible in evidence in the proceedings.

(4) The analyst's certificate is proof of the facts and matters contained in it, unless the accused person gives notice in writing to the informant, at least 7 days before the hearing, that the analyst is required to be called as a witness.