sec.130Evidence of controlled substance by label

### sec.130 Evidence of controlled substance by label This section applies if, in a proceeding for an offence against this Act, it is relevant to prove that a substance owned or supplied by, or in the possession of, a person was a controlled substance. The substance is proved to have been a controlled substance if— there is evidence that the container containing the substance had a label indicating the substance was a controlled substance; and a police officer gives evidence that the police officer believes the container contained a controlled substance; and the defendant was served with a prosecution information notice specifying the controlled substance; and a challenge notice has not been received from the person summoned or charged by the commissioner of the police service; and the court considers the belief mentioned in paragraph (b) to be reasonably held; and there is no evidence to the contrary. s 130 (prev s 57A) ins 2000 No. 28 s 25 amd 2002 No. 35 s 9 renum 2002 No. 35 s 11 amd 2006 No. 8 s 64 ; 2008 No. 4 s 29 ; 2019 No. 26 s 290 sch 2 (sec.130-ssec.1) This section applies if, in a proceeding for an offence against this Act, it is relevant to prove that a substance owned or supplied by, or in the possession of, a person was a controlled substance. (sec.130-ssec.2) The substance is proved to have been a controlled substance if— there is evidence that the container containing the substance had a label indicating the substance was a controlled substance; and a police officer gives evidence that the police officer believes the container contained a controlled substance; and the defendant was served with a prosecution information notice specifying the controlled substance; and a challenge notice has not been received from the person summoned or charged by the commissioner of the police service; and the court considers the belief mentioned in paragraph (b) to be reasonably held; and there is no evidence to the contrary. - (a) there is evidence that the container containing the substance had a label indicating the substance was a controlled substance; and - (b) a police officer gives evidence that the police officer believes the container contained a controlled substance; and - (c) the defendant was served with a prosecution information notice specifying the controlled substance; and - (d) a challenge notice has not been received from the person summoned or charged by the commissioner of the police service; and - (e) the court considers the belief mentioned in paragraph (b) to be reasonably held; and - (f) there is no evidence to the contrary.