11Initial quantity or mass of substances to be recorded and certificate provided

11 Initial quantity or mass of substances to be recorded and certificate provided

11 Initial quantity or mass of substances to be recorded and certificate provided

(1) As soon as practicable after a relevant substance first comes into the custody of a member of the NSW Police Force, and before a sample is taken for analysis, an approved member of the NSW Police Force must—

(a) record the quantity or mass of the relevant substance (the initial quantity or mass), or

(b) provide the relevant substance to an analyst to record the initial quantity or mass of the relevant substance.

(2) The member of the NSW Police Force or analyst must—

(a) produce a certificate stating the initial quantity or mass of the relevant substance, and

(b) cause a copy of the certificate to be served on the defendant or accused person in all proceedings under the Act relating to the relevant substance.

(3) In proceedings under the Act, the production of a certificate, purporting to be signed by an approved member of the NSW Police Force or analyst, is prima facie evidence of the initial quantity or mass of the relevant substance and the matters stated in it.

(4) Subsection (3) does not apply if a quantity review order is made under the Act, section 39M.

(5) In proceedings under the Act, the production of a certificate, purporting to be signed by a person who determined the mass of a relevant substance in accordance with a quantity review order under the Act, section 39M, is prima facie evidence of the mass of the relevant substance and the matters stated in it.