343Evidence

343 Evidence (1) Monitoring equipment, or other equipment or installations, used by an authorised officer or an analyst is presumed to be accurate and precise, unless evidence to the contrary is presented in proceedings under this Act. (2) Despite the rule against hearsay, the results of any analysis based on analytical techniques that by their nature infringe the rule against hearsay are admissible in evidence in proceedings under this Act. (3) Each attribute of a sample taken for any purpose under this Act is presumed not to be materially affected by its method of storage or preservation unless evidence to the contrary is presented. (4) A finding by a Court that an attribute of a sample was materially affected by its method of storage or preservation does not displace the presumption in relation to the other attributes of the sample. (5) Despite the rule against hearsay, a transport certificate relating to the transport of reportable priority waste is admissible in evidence in proceedings under this Act and is prima facie evidence of the matters stated in the transport certificate. S. 344 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).