sec.49Production of analyst’s certificate

### sec.49 Production of analyst’s certificate This section applies if a laboratory test has been conducted under this part on a specimen of a rail safety worker’s saliva or blood. A court dealing with a charge against the rail safety worker for an offence against the national law , part 3 must adjourn the hearing as required to— enable the production in evidence of the analyst’s certificate about the specimen; and if a copy of the certificate has not been given to the worker under section 47 (2) —ensure a copy of the certificate is given to the worker at least 3 days before the certificate is produced in evidence. This section does not prevent the court, in its discretion, dealing with the charge for the offence before the result of the laboratory test of the specimen is known if— the rail safety worker applies to the court for it to deal with the charge under this subsection; and the worker pleads guilty to the offence; and the court is satisfied that the facts available to be put forward by the prosecution, and unchallenged by the worker, are sufficient to enable it to properly deal with the matter. (sec.49-ssec.1) This section applies if a laboratory test has been conducted under this part on a specimen of a rail safety worker’s saliva or blood. (sec.49-ssec.2) A court dealing with a charge against the rail safety worker for an offence against the national law , part 3 must adjourn the hearing as required to— enable the production in evidence of the analyst’s certificate about the specimen; and if a copy of the certificate has not been given to the worker under section 47 (2) —ensure a copy of the certificate is given to the worker at least 3 days before the certificate is produced in evidence. (sec.49-ssec.3) This section does not prevent the court, in its discretion, dealing with the charge for the offence before the result of the laboratory test of the specimen is known if— the rail safety worker applies to the court for it to deal with the charge under this subsection; and the worker pleads guilty to the offence; and the court is satisfied that the facts available to be put forward by the prosecution, and unchallenged by the worker, are sufficient to enable it to properly deal with the matter. - (a) enable the production in evidence of the analyst’s certificate about the specimen; and - (b) if a copy of the certificate has not been given to the worker under section 47 (2) —ensure a copy of the certificate is given to the worker at least 3 days before the certificate is produced in evidence. - (a) the rail safety worker applies to the court for it to deal with the charge under this subsection; and - (b) the worker pleads guilty to the offence; and - (c) the court is satisfied that the facts available to be put forward by the prosecution, and unchallenged by the worker, are sufficient to enable it to properly deal with the matter.