South Australian Consolidated Acts

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DRUGS ACT 1908 - SECT 51

51—Prosecution of offences and evidentiary provision

        (2)         In any prosecution under this Act the summons shall state particulars of the offence alleged, and also the name of the informant, and, except in proceedings under section 35, shall not be made returnable in less time than fourteen days from the day on which it is served, and there must be served therewith a copy of any analyst's certificate obtained on behalf of the prosecutor.

        (4)         At the hearing of any proceedings under this Act the production by the informant or the defendant of a certificate purporting to be signed by an analyst shall be sufficient evidence of the identity of the drug analysed, and of the result of the analysis and of the facts therein stated, without proof of the signature of the person appearing to have signed the same, unless either party shall require that the analyst shall be called as a witness, and the parts of the articles retained by the person who purchased the article shall be produced: Provided that at least three clear days' notice before the return day shall be given to the analyst if he is required to attend as a witness and: Provided that a copy of a certificate to be used by the defendant shall be sent to the informant at least three clear days before the return day, and if it be not so sent the court may, if it thinks fit, adjourn the hearing on such terms as it may deem proper.



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