Evidentiary certificates in relation to certain matters
58B Evidentiary certificates in relation to certain matters
This section applies to:
proceedings for an offence against a provision of Part 2 (offence proceedings); or
proceedings for a contravention of a civil penalty provision of Part 2.
Signing of certificate
Subject to subsection (4), a certificate signed by any of the following persons:
an accredited person;
an authorised person in relation to an accredited laboratory;
stating, in respect of a substance, any one or more of the following:
that the person who signed the certificate was an accredited person or an authorised person in relation to an accredited laboratory (as the case may be);
when and from whom the substance was received;
what, if any, labels or other means of identifying the substance accompanied it when it was received;
what container or containers the substance was contained in when it was received;
the state of the seals on the container or containers when the substance was received;
a description of the substance received;
when the substance, or a portion of it, was analysed;
a description of the method of analysis;
the results of the analysis;
is admissible as prima facie evidence of the matters stated in the certificate and of the correctness of the results of the analysis.
Document taken to be a certificate under subsection (2) unless contrary intention established
For the purposes of this section, a document purporting to be a certificate referred to in subsection (2) is, unless the contrary intention is established, taken to be such a certificate and to have been duly given.
Certificate not to be admitted unless copy given to defendant 14 days before certificate to be admitted in evidence
A certificate must not be admitted in evidence under subsection (2) in offence proceedings unless:
the person charged with the offence; or
a barrister or solicitor who has appeared for the person in those proceedings;
has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate together with reasonable evidence of the intention to produce the certificate as evidence in the proceedings.
Person signing the certificate may be called to give evidence
Subject to subsection (6), if, under subsection (2), a certificate is admitted in evidence in offence proceedings, the person charged with the offence may require the person who signed the certificate to be called as a witness for the prosecution and cross‑examined as if he or she had given evidence of the matters stated in the certificate.
Subsection (5) does not entitle the person charged to require the person who signed the certificate to be called as a witness for the prosecution unless:
the prosecutor has been given at least 4 days notice of the person’s intention to require the person who signed the certificate to be so called; or
the court, by order, allows the person charged to require the person who signed the certificate to be so called.
Evidence in support of rebuttal of matters in certificate to be considered on its merits
Any evidence given in support, or in rebuttal, of a matter stated in a certificate given under subsection (2) must be considered on its merits and the credibility and probative value of such evidence must be neither increased nor diminished by reason of this section.
Interpretation
In this section:
accredited laboratory means a laboratory or similar undertaking that, under the regulations, is an accredited laboratory for the purposes of this Act.
accredited person means a person that, under the regulations, is an accredited person for the purposes of this Act.
authorised person, in relation to an accredited laboratory, means a person that, under the regulations, is an authorised person in relation to an accredited laboratory for the purposes of this Act.
For the purposes of subsection (8):
regulations made for the purposes of the definition of accredited laboratory may provide that a laboratory or similar undertaking is an accredited laboratory if it has been accredited or otherwise approved by another person or body; and
regulations made for the purposes of the definition of accredited person may provide that a person is an accredited person if the person has been accredited or otherwise approved by another person or body; and
regulations made for the purposes of the definition of authorised person may provide that a person is an authorised person in relation to an accredited laboratory if the person has been accredited or otherwise approved by another person or body.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.