Victorian Consolidated Legislation

Conservation, Forests and Lands Act 1987 - SECT 88A

Certificates of identification

88A. Certificates of identification



(1) In any legal proceedings for an offence against a relevant law, the
production of a certificate purporting to be signed by a qualified person with
respect to any analysis, examination or investigation made by that person, is,
without-

   (a)  proof of the signature of the person appearing to have signed the
        certificate; and

   (b)  proof that the person appearing to have signed the certificate is a
        qualified person-

evidence and, in the absence of evidence to the contrary given in accordance
with this section, proof of the facts and matters contained in it.

(2) A copy of the certificate must be served on the defendant at least 14 days
before the hearing.

(3) If the defendant requires the qualified person to attend as a witness, the
defendant must give notice that he or she requires the witness to attend.







(4) A notice under sub-section (3)-

   (a)  must be in writing; and

   (b)  must be given at least 7 days before the hearing to the
        qualified person and to the person who filed the charge; and

   (c)  may be given personally or by post.

(5) Service of a copy of the certificate for the purposes of this section may
be effected and proved-

   (a)  in any manner in which service of a summons may be effected and
        proved; or

   (b)  where the certificate was served with the summons and proof of service
        of the summons is by affidavit, by stating in the affidavit that a
        copy of the certificate was served with the summons.

(6) In this section-



"qualified person" means a person who has been approved by the Secretary, in
writing, as a person qualified to conduct an analysis, examination or
investigation to which this section relates.