69Evidence of analyst

69 Evidence of analyst

(1)  In this section –

analyst means –

(a) an analyst appointed under section 100 of the Environmental Management and Pollution Control Act 1994 while he or she is so appointed under that Act; or

(b) a person appointed under subsection (2) .

(2)  The Director may, in writing, appoint a person whom he or she considers appropriately qualified to be an analyst for the purposes of this Act.

(3)  Subject to subsection (5) , a certificate signed by an analyst setting out, in relation to a substance, one or more of the following matters:

(a) when and from whom the substance was received;

(b) what labels or other means of identifying the substance accompanied it when it was received;

(c) what container the substance was in when it was received;

(d) a description of the substance received;

(e) that he or she has analysed or examined the substance;

(f) the date on which the analysis or examination was carried out;

(g) the method used in conducting the analysis or examination;

(h) the results of the analysis or examination –

is admissible in any proceeding for an offence against a provision of this Act as prima facie evidence of the matters in the certificate and the accuracy of the results of the analysis or examination.

(4)  For the purposes of this section, a document purporting to be a certificate referred to in subsection (3) is to, unless the contrary is proved, be taken to be such a certificate.

(5)  A certificate referred to in subsection (3) is not to be received in evidence in pursuance of that subsection unless the person charged has been given a copy of the certificate together with reasonable notice of the intention of the prosecution to produce the certificate as evidence in the proceedings.