Power of court to order further analysis
205 Power of court to order further analysis
This section applies if the court before which a person is being prosecuted for an offence against this Act is satisfied that there is a disagreement between the evidence of the analysts for the parties to the proceeding.
The court may order that the part or parts of a sample kept under section 138 (Procedures for dividing samples) be sent by the work health and safety commissioner to an independent analyst.
For subsection (2), the order may require the sample to be sent to a particular analyst or to an analyst agreed to by the parties.
An analyst who is sent a part or parts of a sample for analysis under this section must make the analysis for the information of the court.
Subject to section 198 (Court may order costs and expenses), the cost of an analysis under this section is payable by the Territory.
Chapter 11 Administration
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