Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Section 38(2)
does not apply if, not less than 21 days before the proceedings, the
accused delivers notice in writing to the Commissioner requiring the approved
analyst or approved botanist to attend as a witness in those proceedings.
(2) An accused shall
be afforded a reasonable opportunity to deliver a notice referred to in
subsection (1).
(3) An accused shall
not in any proceedings adduce evidence in rebuttal of any facts stated in a
certificate unless the accused has delivered notice in accordance with
subsection (1) requiring the approved analyst or approved botanist to
attend as a witness in the proceedings.
[Section 38B inserted by No. 44 of 1995
s. 13; amended by No. 84 of 2004 s. 82.]