CUSTOMS ACT 1901 - SECT 233BA Evidence of Analyst

CUSTOMS ACT 1901 - SECT 233BA

  (1)   The Comptroller - General of Customs may appoint a person to be an analyst for the purposes of this Act or Part   9.1 of the Criminal Code .

  (2)   Subject to subsection   (4), in any proceedings for an offence against section   233BAA or Part   9.1 of the Criminal Code , or in any proceedings for an offence against section   233BAB, 233BABAB or 233BABAC, in so far as that section relates to specified anti - personnel sprays or gases, radioactive substances, human body tissue or human body fluid, a certificate of an analyst in an approved form stating, in respect of a substance in relation to which the offence is alleged to have been committed:

  (a)   that the analyst signing the certificate is appointed under subsection   (1); and

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

  (c)   what, if any, labels or other means of identifying the substance accompanied it when it was received; and

  (d)   what container or containers the substance was contained in when it was received; and

  (e)   a description, and the weight, of the substance received; and

  (f)   when the substance, or a portion of it, was analysed; and

  (g)   a description of the method of analysis; and

  (h)   the results of the analysis; and

  (j)   how the substance was dealt with after handling by the analyst, including details of:

  (i)   the quantity retained; and

  (ii)   the name of the person, if any, to whom any retained quantity was given; and

  (iii)   measures taken to secure any retained quantity;

is admissible as prima facie evidence of the matters in the certificate and of the correctness of the result 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 and to have been duly given.

  (4)   A certificate shall not be admitted in evidence under subsection   (2) in proceedings for an offence unless the person charged with the offence or a solicitor who has appeared for the person in those proceedings has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate together with reasonable notice of the intention to produce the certificate as evidence in the proceedings.

  (5)   Subject to subsection   (6), where, under subsection   (2), a certificate of an analyst is admitted in evidence in a proceeding for an offence, the person charged with the offence may require the analyst to be called as a witness for the prosecution and the analyst may be cross - examined as if he or she had given evidence of the matters stated in the certificate.

  (6)   Subsection   (5) does not entitle a person to require an analyst to be called as a witness for the prosecution unless:

  (a)   the prosecutor has been given at least 4 days notice of the person's intention to require the analyst to be so called; or

  (b)   the Court, by order, allows the person to require the analyst to be so called.