24Evidentiary certificate by reporting scientist

24 Evidentiary certificate by reporting scientist (1) This section applies to a criminal proceeding. (2) A certificate purporting to be signed by a reporting scientist and stating any of the following matters is evidence of the matter: (a) that a stated thing was received at a stated laboratory on a stated day; (b) that the thing was tested at the laboratory on a stated day or between stated days; (c) that a stated DNA profile has been obtained from the thing; Evidence Act 1939 19 (d) that the reporting scientist: (i) examined the laboratory's records relating to the receipt, storage and testing of the thing, including any test process that was done by someone other than the reporting scientist; and (ii) confirms the records indicate all quality assurance procedures for the receipt, storage and testing of the thing that were in place in the laboratory at the time of the test were complied with. (3) If a party intends to rely on the certificate, the party must: (a) at least 15 business days before the hearing day, give a copy of the certificate to each other party; and (b) at the hearing, call the reporting scientist to give evidence unless the parties agree otherwise. (4) If the Commissioner of Police receives a written request from a party for a copy of the laboratory's records relating to the receipt, storage and testing of the thing, the Commissioner must give the party a copy of the records within 7 business days after receiving the request. (5) If a party intends to challenge a matter stated in the certificate, the party must, at least 3 business days before the hearing day, give the Commissioner of Police and each other party written notice of the matter to be challenged. (6) A party challenging a matter stated in the certificate may, with the leave of the court, require the party relying on the certificate to call any person involved in the receipt, storage or testing of the thing to give evidence at the hearing. (7) The court may give leave only if satisfied: (a) an irregularity may exist in relation to the receipt, storage or testing of the thing about which the person to be called is able to give evidence; and (b) it is in the interests of justice that the person be called to give evidence. (8) Any equipment used in testing the thing at the laboratory is to be taken to have given accurate results in the absence of evidence to the contrary. Evidence Act 1939 20 (9) A document required to be given under this section may be given personally or by post, facsimile or another form of electronic communication. (10) On application made to it, the court may, before or after a time fixed under this section expires, extend or abridge the time by an order fixing, extending or abridging the time, whether or not the application is made before the time expires. (11) In this section: business day means a day that is not: (a) a Saturday or Sunday; or (b) a day that is declared to be a public holiday under the Public Holidays Act 1981. criminal proceeding, see Part 1 of the Dictionary at the end of the Evidence (NUL) Act. DNA profile means the result from a DNA analysis. hearing day means the day fixed for the start of the hearing of a laboratory means a forensic science laboratory of the Commonwealth or a State or Territory. records, of a laboratory, means records in the possession of the Commissioner of Police or to which the Commissioner has access. reporting scientist means a person who holds a prescribed qualification.