CUSTOMS AND EXCISE LEGISLATION AMENDMENT ACT 1990 No. 111 of 1990 - SECT 27 Evidence of Analyst

CUSTOMS AND EXCISE LEGISLATION AMENDMENT ACT 1990 No. 111 of 1990 - SECT 27

27. Section 233BA of the Principal Act is amended by omitting subsection (2)
and substituting the following subsection:

"(2) Subject to subsection (4), in any proceedings for an offence against
section 233B, 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".