Crimes (Biological Weapons) Act 1976

The Minister may appoint a person to be an analyst for the purposes of this Act.

Subject to subsection (4), a certificate signed by an analyst appointed under subsection (1) setting out, in relation to a substance, one or more of the following:

when and from whom the substance was received;

what labels or other means of identifying the substance accompanied it when it was received;

what container the substance was in when it was received;

a description of the substance received;

that he or she has analysed or examined the substance;

the date on which the analysis or examination was carried out;

the method used in conducting the analysis or examination;

the results of the analysis or examination;

For the purposes of this section, a document purporting to be a certificate referred to in subsection (2) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.

A certificate shall not be received in evidence in pursuance of subsection (2) in a proceeding for an offence unless the person charged with the offence has been given a copy of the certificate together with reasonable notice of the intention to produce the certificate as evidence in the proceeding.

Where, in pursuance of subsection (2), a certificate of an analyst is admitted in evidence in a proceeding for an offence, the person charged with the offence may require the analyst to be called as a witness for the prosecution and the analyst may be cross‑examined as if he or she had given evidence of the matters stated in the certificate.

Subsection (5) does not entitle a person to require an analyst to be called as a witness for the prosecution unless:

the prosecutor has been given at least 5 days notice of the person’s intention to require the analyst to be so called; or

the Court, by order, allows the person to require the analyst to be so called.