Agricultural and Veterinary Chemicals (Control of Use) Act 1995
60Evidentiary provisions
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60 Evidentiary provisions
(1) In proceedings for an offence against this Act, a certificate purporting to be signed by the Secretary and to certify –
(a) that a chemical product was, or was not, registered under the Code on a specified date or during a specified period; or
(b) that a label described in the certificate was, or was not, approved under the Code on a specified date or during a specified period; or
(c) that a code of practice, was or was not, approved by the Council; or
(d) that a licence or permit was in force on a specified date or during a specified period; or
(e) that the matter appearing on an approved label, or in a licence or permit, is identical to the matter set out in or appended to the certificate; or
(f) that a licence or permit was suspended during a specified period or was cancelled on a specified date; or
(g) that a specified person was an inspector on a specified date or during a specified period; or
(h) that a specified person was an analyst, or was authorised to perform the functions and exercise the powers of an analyst, on a specified date or during a specified period; or
(i) that a specified person was appointed the Registrar or Deputy Registrar on a specified date or 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, unless evidence is given to the contrary, proof is not required as to –
(a) the authority of an officer to prosecute; or
(b) the appointment of the Secretary or any person employed in the Department.
(3) A certificate issued by an analyst setting out the result of an analysis made by the analyst under this Act on behalf of a complainant 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 defendant gives notice in writing to the complainant, at least 7 days before the hearing, that the analyst is required to be called as a witness.