29Limitation on tendering of certificates, &c., in evidence

29 Limitation on tendering of certificates, &c., in evidence

(1)  No certificate or record referred to in the foregoing provisions of this Division shall be tendered in evidence by, or on behalf of, any party to any proceedings unless, at least 14 days, or such lesser period as the court may approve, before the hearing of the proceedings, a copy thereof was served on the other party to the proceedings.

(1AA)  [Section 29 Subsection (1AA) inserted by No. 38 of 2017, s. 51, Applied:03 Dec 2018] If a report has been provided under section 13B(2)(a) , 13B(2A) or 13C(3) to a person, the provision of that report under that section is taken to be service for the purposes of subsection (1) .

(1A)  *[Section 29 Subsection (1A) inserted by No. 94 of 1975, s. 22 ]*Where such a certificate or record as is referred to in subsection (1) is endorsed with a certificate of service purporting to be signed by a person by whom a copy of that certificate or record was served, that certificate of service is prima facie evidence of the particulars stated therein.

(1B)  [Section 29 Subsection (1B) inserted by No. 38 of 2017, s. 51, Applied:03 Dec 2018] A certificate of service referred to in subsection (1A) may relate to more than one certificate or document referred to in subsection (1) .

(2)  *[Section 29 Subsection (2) substituted by No. 91 of 1982, s. 15 ]**[Section 29 Subsection (2) amended by No. 27 of 1991, s. 5 and Sched. 1 ]*Subject to this section, a certificate or record referred to in subsection (1) may be tendered in evidence in proceedings to which this Division applies whether or not the person by whom the certificate or record was signed or made, or any person who, under the supervision of that first-mentioned person, was involved with the analysis to which the certificate or record relates is called as a witness in those proceedings.

(2A)  *[Section 29 Subsection (2A) inserted by No. 91 of 1982, s. 15 ]**[Section 29 Subsection (2A) amended by No. 27 of 1991, s. 5 and Sched. 1 ]*Where a person by whom a certificate or record referred to in subsection (1) was signed or made, or any person who, under the supervision of that first-mentioned person, was involved with the analysis to which the certificate or record relates is called by the defendant as a witness in proceedings to which this Division applies, that person may be cross-examined by the defendant as to the facts or matters set out in that certificate or record.