Victorian Consolidated Legislation

Dangerous Goods Act 1985 - SECT 42A

Analyst's certificates

42A. Analyst's certificates



(1) In any legal proceedings for an offence against this Act relating to an
explosive or HCDG the production of a certificate purporting to be signed by
an approved analyst with respect to any analysis or examination made by the
approved analyst is, without proof of the signature of the person appearing to
have signed the certificate or that the person is an approved analyst,
sufficient evidence of-

   (a)  the identity or quantity or both the identity and quantity of the
        substance, article or thing analysed;

   (b)  the nature of any substance analysed including whether the substance
        is pure or a mixture of other substances;

   (c)  the result of the analysis;

   (d)  any other matters relevant to the proceedings that are stated in the
        certificate.

(2) The provisions of subsection (1) do not apply-

   (a)  if a copy of the certificate was not served on the defendant at least
        7 days before the hearing; or

   (b)  if the defendant, at least 3 days before the hearing, gave notice in
        writing personally or by post to the informant and to the approved
        analyst that he or she requires the analyst to attend as a witness.

(3) For the purpose of subsection (2)(a) a copy of the certificate is deemed
to be served on the defendant under that provision if-

   (a)  not less than 10 days before the hearing a copy of the certificate is
        lodged with the court of hearing which is authorised to make the copy
        available to the defendant; and

   (b)  notice in writing has been given to the defendant that a copy of the
        certificate will be so lodged with the court.

(4) Service of a copy of a 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)  if 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.

(5) If an analysis or examination has been carried out for the purpose of any
legal proceedings for an offence against this Act the court may, in addition
to any other order as to costs, make any order that it thinks proper-

   (a)  as to the expenses of and remuneration to be paid for the analysis or
        examination; and

   (b)  if the approved analyst has been required by the defendant to attend
        as a witness, as to the conduct money of the analyst.

(6) In this section, approved analyst means an analyst who is-

   (a)  operating with the authority of a laboratory accredited by the
        National Association of Testing Authorities; or

   (b)  approved by the Authority.