Drug Misuse and Trafficking Regulation 2021
32Continuity evidence
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32 Continuity evidence
32 Continuity evidence
(1) The production of all of the certificates referred to in subsection (2) is prima facie evidence that a relevant substance retained by a member of the NSW Police Force is the same relevant substance that was analysed under this Part, if each certificate identifies the same drug exhibit bag or another drug exhibit bag into which the relevant substance was placed.
(2) The certificates are—
(a) a certificate by a member of the NSW Police Force certifying that—
(i) the relevant substance was placed in a drug exhibit bag identified in the certificate, and
(ii) the member sealed and labelled the drug exhibit bag, and
(b) if a drug exhibit bag was opened by a member of the NSW Police Force—a certificate by the member certifying that the drug exhibit bag identified in the certificate—
(i) was received by the member and, when received, the seal of the drug exhibit bag was not broken or otherwise tampered with, and
(ii) was opened by the member and an amount of the relevant substance was removed from the drug exhibit bag, tested or otherwise dealt with as specified in the certificate, and placed—
(A) in the same drug exhibit bag with a new seal, or
(B) in another drug exhibit bag, identified in the certificate, that was sealed and labelled by the member, and
(c) a certificate by an officer of FASS or other approved person who received a relevant substance for analysis certifying that—
(i) a specified relevant substance submitted for analysis was received in a drug exhibit bag identified in the certificate, and
(ii) when received, the seal of the drug exhibit bag was not broken or otherwise tampered with, and
(d) a certificate by an analyst under the Act, section 43(1) certifying the results of analysis of a relevant substance contained in a drug exhibit bag identified in the certificate.