161Evidence as to use of drugs

#### 161 Evidence as to use of drugs 161 Evidence as to use of drugs > > (1) In any proceedings for a correctional centre offence that are being dealt with under the Act by the governor or a Visiting Magistrate, and in which it is alleged that an inmate has been under the influence of a drug or that a drug has been present in the inmate’s body or urine, a certificate signed by an authorised officer to the effect that— > > > > > (a) the correctional officer received a drug test sample obtained in a specified way, or > > > > > (b) the correctional officer arranged for the sample to be submitted for analysis by an analyst to determine the presence of any drugs in the inmate’s body or urine, or > > > > > (c) the container was sealed, and marked or labelled, in a specified way, > > > > is admissible in evidence of the facts so certified. > > > (2) In any proceedings referred to in subclause (1), a certificate signed by an analyst to the effect that, on a specified day— > > > > > (a) the analyst received for analysis a container holding a drug test sample, or > > > > > (b) the container, when received, was sealed with an unbroken seal, and was marked or labelled in a specified way, or > > > > > (c) the analyst carried out an analysis of the sample to determine the presence of drugs in the sample, or > > > > > (d) the analyst determined that a specified drug was present or was present to a specified extent in the sample, or > > > > > (e) the analyst was, at the time of the analysis, an analyst, > > > > is admissible in evidence of the facts so certified. > > > (3) In any proceedings referred to in subclause (1)— > > > > > (a) evidence that an analyst received a container holding a drug test sample, being a container that was marked or labelled to indicate that it held a drug test sample obtained from a specified inmate on a specified day, is evidence that the sample was a drug test sample obtained from that inmate on that day, and > > > > > (b) evidence that the container, when received, was sealed with an unbroken seal is evidence that the sample had not been tampered with before it was received by the analyst.