36BCosts of analysis or examination

### 36B Costs of analysis or examination > [*\[Section 36B Inserted by No. 9 of 2004, s. 7, Applied:27 May 2004\]*](/view/html/inforce/2004-05-27/act-2004-009#GS7@EN) > > > (1)  In this section, > > > > > ***analyst*** has the same meaning as in the [Poisons Act 1971](/view/html/inforce/2026-04-12/act-1971-081) . > > > (2)  Where, for proceedings under this Act, the prosecutor has caused the substance or plant to which the proceedings relate to be analysed or examined by an analyst, the court may, in case of a conviction, assess the reasonable expense of and attending the analysis or examination and award it against the defendant as part of the costs of the prosecutor. > > > (3)  In addition to the costs, if any, under [subsection (2)](#GS36B@Gs2@EN) , the court may assess and award against the defendant – > > > > > > (a) as part of the costs of the prosecutor, the expenses incurred by the prosecutor while engaged in travelling to and attending the trial, including the proportionate part of the prosecutor's salary while so engaged; and > > > > > > > (b) if an analyst has given evidence in the proceedings, such costs in respect of the analyst's attendance as the court may determine.