42AAnalyst's certificates

42A Analyst's certificates S. 42A(1) amended by No. 5/2016 s. 12(1). (1) In any legal proceedings for an offence against this Act relating to an explosive or HCDG the production of a certificate purporting to be signed by an approved analyst with respect to any analysis or examination that the approved analyst states was analysed or examined in an approved laboratory is, without proof of the signature of the person appearing to have signed the certificate or that the person is an approved analyst, sufficient evidence of— (a) the identity or quantity or both the identity and quantity of the substance, article or thing analysed; (b) the nature of any substance analysed including whether the substance is pure or a mixture of other substances; (c) the result of the analysis; (d) any other matters relevant to the proceedings that are stated in the certificate. (2) The provisions of subsection (1) do not apply— S. 42A(2)(a) amended by No. 68/2009 s. 97(Sch. item 44.12). (a) if a copy of the certificate was not served on the accused at least 7 days before the hearing; or S. 42A(2)(b) amended by No. 68/2009 s. 97(Sch. item 44.12). (b) if the accused, at least 3 days before the hearing, gave notice in writing personally or by post to the informant and to the approved analyst that he or she requires the analyst to attend as a witness. S. 42A(3) amended by No. 68/2009 s. 97(Sch. item 44.12). (3) For the purpose of subsection (2)(a) a copy of the certificate is deemed to be served on the accused under that provision if— S. 42A(3)(a) amended by No. 68/2009 s. 97(Sch. item 44.12). (a) not less than 10 days before the hearing a copy of the certificate is lodged with the court of hearing which is authorised to make the copy available to the accused; and S. 42A(3)(b) amended by No. 68/2009 s. 97(Sch. item 44.12). (b) notice in writing has been given to the accused that a copy of the certificate will be so lodged with the court. (4) Service of a copy of a certificate for the purposes of this section may be effected and proved— (a) in any manner in which service of a summons may be effected and proved; or (b) if the certificate was served with the summons and proof of service of the summons is by affidavit, by stating in the affidavit that a copy of the certificate was served with the summons. (5) If an analysis or examination has been carried out for the purpose of any legal proceedings for an offence against this Act the court may, in addition to any other order as to costs, make any order that it thinks proper— (a) as to the expenses of and remuneration to be paid for the analysis or examination; and S. 42A(5)(b) amended by No. 68/2009 s. 97(Sch. item 44.13). (b) if the approved analyst has been required by the accused to attend as a witness, as to the conduct money of the analyst. S. 42A(6) substituted by No. 5/2016 s. 12(2). (6) In this section— ***approved analyst*** means an analyst who is— (a) operating with the authority of an approved laboratory; or (b) approved by the Authority; ***approved laboratory*** means a laboratory accredited by the National Association of Testing Authorities. S. 43 (Heading) inserted by No. 68/2009 s. 97(Sch. item 44.14).