24MReview of certificate of analysis

24M Review of certificate of analysis

24M Review of certificate of analysis

(1) This section applies if a certificate of analysis in relation to a forfeited explosive is given by an analyst.

(2) The Local Court may, on the application of an affected person for the forfeited explosive, make a review order.

(3) An application for a review order must be made no later than 28 days after a copy of the certificate of analysis in relation to the forfeited explosive is given to the affected person.

(4) The Local Court may make a review order only if the Court is satisfied that in relation to the forfeited explosive—

(a) there has been a substantial failure to comply with this Act or the regulations, or

(b) there is a reasonable doubt about the accuracy of the certificate of analysis.

(5) A review order made by the Local Court may require that—

(a) the forfeited explosive be given to a second analyst for determination of the identity or the quantity or mass of the explosive, or

(b) a further certificate of analysis in relation to the forfeited explosive be given to the applicant.

(6) If, despite section 24L, an application has been made under this section, the forfeited explosive may be destroyed under this part or the regulations only if—

(a) the application is withdrawn or refused, or

(b) the application is granted and a certificate of analysis is given to the applicant and the regulatory authority in accordance with the review order.

s 24M: Ins 2023 No 23, Sch 1[25].