Victorian Current Acts

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DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 120

Analyst's etc. certificates

    (1)     In any legal proceedings for an offence against this Act the production of a certificate purporting to be signed by an analyst or by a botanist with respect to any analysis or examination made by him shall, without proof of the signature of the person appearing to have signed the certificate or that he is an analyst or botanist (as the case requires) be sufficient evidence—

S. 120(1)(a) amended by No. 101/1986 s. 58(1)(f).

        (a)     in the case of a certificate purporting to be signed by an analyst, of the identity or quantity or both the identity and quantity of the thing analysed, of the result of the analysis and of the matters relevant to such proceedings stated in the certificate; and

S. 120(1)(b) amended by No. 101/1986 s. 58(1)(f).

        (b)     in the case of the certificate purporting to be signed by a botanist, of the identity or quantity or both the identity and quantity of the thing examined.

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

S. 120(2)(a) amended by No. 68/2009 s. 97(Sch. item 47.4).

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

S. 120(2)(b) amended by No. 68/2009 s. 97(Sch. item 47.4).

        (b)     if the accused, at least three days before the hearing, gave notice in writing personally or by post to the informant and to the analyst or botanist (as the case requires) that he requires the analyst or botanist to attend as a witness.

S. 120(3) amended by Nos 68/2009 s. 97(Sch. item 47.4), 13/2010 s. 48(a).

    (3)     For the purpose of subsection (2) a copy of the certificate shall be deemed to be served on the accused under subsection (2)(a) if—

S. 120(3)(i) amended by No. 68/2009 s. 97(Sch. item 47.4),
re-numbered as s. 120(3)(a) by No. 13/2010 s. 48(b)(ii).

        (a)     not less than ten days before the hearing a copy of the certificate is lodged with the court of hearing which is hereby authorized to make such copy available to the accused; and

S. 120(3)(ii) amended by No. 68/2009 s. 97(Sch. item 47.4),
re-numbered as s. 120(3)(b) by No. 13/2010 s. 48(b)(iii).

        (b)     notice in writing has been given to the accused that a copy of such 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)     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.

    (5)     Where 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 such order as it thinks proper—

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

S. 120(5)(b) amended by No. 68/2009 s. 97(Sch. item 47.5).

        (b)     where the analyst or botanist has been required by the accused to attend as a witness, as to the conduct money of the analyst or botanist.

    (6)     In this section—

S. 120(6) def. of
analyst amended by Nos 66/1995 s. 3(a), 33/2001 s. 21.

"analyst" means a person employed by the Government of Victoria as an analyst or a person of a prescribed class employed or approved under a prescribed law of another State or Territory;

S. 120(6)
def. of botanist substituted by No. 87/1991 s. 52, amended by No. 66/1995 s. 3(b).

"botanist" means the chief botanist or his or her delegate under the Royal Botanic Gardens Act 1991 or a person of a prescribed class employed or approved under a prescribed law of another State or Territory.



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