CTHRepealedAct
Wildlife Protection (Regulation of Exports and Imports) Act 1982
75Evidence of examiner
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##### 75 Evidence of examiner
(1) The Minister may appoint appropriately qualified persons to be examiners for the purposes of this Act.
(2) Subject to subsection (4), a certificate signed by an examiner appointed under subsection (1) setting out, in relation to a substance, matter or thing one or more of the following:
(a) that he or she is appointed as the examiner under subsection (1);
(b) when and from whom the substance, matter or thing was received;
(c) what labels or other means of identification accompanied the substance, matter or thing when it was received;
(d) what container held the substance, matter or thing when it was received;
(e) a description, including the weight, of the substance, matter or thing when it was received;
(f) the name of any method used to analyse the substance, matter or thing or any portion of it;
(g) the results of any such analysis;
(h) how the substance, matter or thing was dealt with after handling by the examiner, including details of:
(i) the quantity of the substance, matter or thing retained after analysis; and
(ii) names of any person to whom any of the substance, matter or thing was given after analysis; and
(iii) measures taken to secure any retained quantity of the substance, matter or thing after analysis;
is admissible in any proceeding for an offence against this Act as prima facie evidence of the matters in the certificate and the correctness of the results of the analysis.
(3) For the purposes of this section, a document purporting to be a certificate referred to in subsection (2) shall, unless the contrary is established, be deemed to be such a certificate.
(4) A certificate shall not be admitted in evidence in pursuance of subsection (2) in proceedings for an offence against this Act unless the person charged with the offence has been given a copy of the certificate together with reasonable notice of the intention to produce the certificate as evidence in the proceedings.