NSWIn ForceAct
Drug Misuse and Trafficking Act 1985
42Certificates issued by Health Secretary
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#### 42 Certificates issued by Health Secretary
42 Certificates issued by Health Secretary
> > (1) In legal proceedings under this Act, the following certificates purporting to be signed by the Health Secretary or an authorised certifier are, without proof of certification, prima facie evidence of the matters stated in the certificate—
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> > > (a) a certificate stating that a person holds, or does not hold, a licence, permit or authority under the [Poisons and Therapeutic Goods Act 1966](/view/html/inforce/current/act-1966-031),
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> > > (b) a certificate stating that a person holds, or does not hold, an authority under the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226) for the purpose of scientific research, instruction, analysis or study.
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> > (2) The Health Secretary may authorise a person employed in the department in which the [Health Administration Act 1982](/view/html/inforce/current/act-1982-135) is administered, generally or specifically, to issue certificates for the purposes of this section.
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> > (3) In this section—
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> > authorised certifier means a person authorised to issue certificates under subsection (2).
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> > Health Secretary means the Secretary of the department in which the [Health Administration Act 1982](/view/html/inforce/current/act-1982-135) is administered.
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> > proof of certification means—
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> > > (a) the signature of the person purporting to have signed the certificate, or
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> > > (b) the authority of the person purporting to have signed the certificate to sign the certificate.
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> **s 42:** Am 2009 No 106, Sch 2.8; 2016 No 6, Sch 1 \[6\]. Subst 2024 No 3, Sch 6\[3\].