Western Australian Consolidated Acts

POLLUTION OF WATERS BY OIL AND NOXIOUS SUBSTANCES ACT 1987 - SECT 33

33 .         Evidence of analysts

        (1)         The Minister may, by instrument signed by him, appoint appropriately qualified persons to be analysts for the purposes of this Act.

        (2)         Subject to subsection (4), a certificate of an analyst appointed under subsection (1) stating that he has analysed or examined a substance and stating the result of his analysis or examination is admissible in evidence in any proceeding for an offence against a provision of this Act as prima facie evidence of the facts stated in the certificate and of the correctness of the result of the analysis or examination.

        (3)         For the purposes of this section, a document purporting to be a certificate referred to in subsection (2) shall, unless the contrary is proved, be deemed to be such a certificate.

        (4)         A certificate referred to in subsection (2) shall not be received in evidence in pursuance of that subsection unless the person charged has been given a copy of the certificate together with reasonable notice of the intention of the prosecution to produce the certificate as evidence in the proceedings.

        (5)         Where, in pursuance of subsection (2), a certificate of an analyst appointed under subsection (1) is admitted in evidence, the person charged may require the analyst to be called as a witness for the prosecution and the analyst may be cross-examined as if he had given evidence of the matters stated in the certificate.