NSWIn ForceRegulation
Crimes (Administration of Sentences) Regulation 2014
199Evidence as to use of drugs
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#### 199 Evidence as to use of drugs
199 Evidence as to use of drugs
> > (1) In any proceedings before the Drug Court, a certificate signed by an authorised officer to the effect that—
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> > > (a) a person received a sample obtained in a specified way, or
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> > > (b) the person arranged for the sample to be submitted for analysis by an analyst to determine the presence of any drugs in an offender’s body or the sample, or
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> > > (c) the container was sealed, and marked or labelled, in a specified way,
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> > is admissible in evidence of the facts so certified.
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> > (2) In any proceedings before the Drug Court, a certificate signed by an analyst to the effect that, on a specified day—
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> > > (a) the analyst received for analysis a container holding a specified sample, or
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> > > (b) the container, when received, was sealed with an unbroken seal, and was marked or labelled in a specified way, or
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> > > (c) the analyst carried out an analysis of the sample to determine the presence of drugs in the sample, or
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> > > (d) the analyst determined that a specified drug was present or was present to a specified extent in the sample, or
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> > > (e) the analyst was, at the time of the analysis, an analyst,
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> > is admissible in evidence of the facts so certified.
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> > (3) In any proceedings before the Drug Court—
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> > > (a) evidence that an analyst received a container holding a sample, being a container that was marked or labelled to indicate that it held a sample obtained from a specified offender on a specified day, is evidence that the sample was a sample obtained from that offender on that day, and
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> > > (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.