23Evidence

23 Evidence

(1)  In any proceedings under this Act, a document purporting to be the certificate of analysis relating to a matter to which the proceedings relate is evidence of the facts stated in that document unless the party against whom the certificate is tendered gives notice to the other party in the proceedings at least 3 days before the day appointed for the return of the summons that the party requires the analyst who furnished the certificate to be called as a witness.

(2)  In any proceedings under this Act –

(a) oral evidence that any person is an analyst or an inspector is sufficient; and

(b) authority to do any act or take any proceedings is presumed; and

(c) the allegation that any person was a seller, or that any fertilizer was sold, is sufficient evidence of the fact alleged.

(3)  If a contravention of this Act is proved with respect to any part of any sample taken, the contravention is proved with respect to the whole lot from which the sample was taken.

(4)  [Section 23 Subsection (4) amended by No. 80 of 2001, Sched. 1, Applied:01 Jul 2002] Section 177A of the Evidence Act 2001 does not apply in relation to any proceedings under this Act.