43Certificate evidence

#### 43 Certificate evidence 43 Certificate evidence > > (1) A certificate of analysis setting out the result of the analysis of a plant or substance submitted to an analyst may be given by the following persons— > > > > > (a) an analyst who analysed the plant or substance, > > > > > (b) an analyst who reviewed the analysis undertaken by a person mentioned in paragraph (a). > > > (2) In any legal proceedings under this Act, the production of a certificate, purporting to be signed by a person specified in subsection (1)(a) or (b), shall be prima facie evidence of the identity of the plant or substance analysed, the quantity or mass of the plant or substance analysed and of the result of the analysis, without proof of the signature, employment or appointment of the person appearing to have signed the certificate. > > > (3) Any appointed person analysing any plant submitted to the person may give a certificate of the result of the analysis. > > > (4) In any legal proceedings under this Act, the production of a certificate, purporting to be signed by an appointed person, is prima facie evidence of— > > > > > (a) the identity of the plant analysed, and > > > > > (b) the quantity or mass of that plant, > > > > without proof of the signature or appointment of the person appearing to have signed the certificate, but only if the plant identified is cannabis plant or cannabis leaf. > > > (5) The following persons (each an appointer) may appoint a person to give certificates for this section if the appointer considers the person to be suitably qualified— > > > > > (a) the Executive Director under the [Royal Botanic Gardens and Domain Trust Act 1980](/view/html/inforce/current/act-1980-019), > > > > > (b) a person prescribed by the regulations. > > > (6) In this section— > > > > appointed person means a person appointed under subsection (5). > > > > plant includes any part of a plant, and the achene and seed of a plant. > > **s 43:** Am 1986 No 47, Sch 2 (11); 1988 No 17, Sch 1 (8); 1996 No 2, Sch 2; 1996 No 121, Sch 1.2; 2006 No 39, Sch 1 \[21\]; 2010 No 59, Sch 2.25; 2010 No 97, Sch 2.7 \[2\]; 2016 No 6, Sch 1 \[9\]; 2016 No 54, Sch 1.9 \[1\] \[2\]; 2023 No 19, Sch 1\[1\]; 2024 No 3, Sch 6\[4\] \[5\].