Victorian Consolidated Legislation

Drugs, Poisons and Controlled Substances Act 1981 - SECT 120

Analyst's etc. certificates

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-

   (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

   (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-

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



   (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.

(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-





   (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





   (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

   (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-

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;

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.